User Agreement – Terms & Conditions
Welcome to Asia Climate Lab! When you use our products and services, you’re agreeing to our terms, so please take a few minutes to read over the User Agreement below.
Note: You are entering into a legally binding agreement.
The mission of Asia Climate Lab is to help young international talent to discover career opportunities in the global water sector. To achieve our mission, we make services available, online through our website and offline through events, to give you a unique insight into the international water.
1.2. Scope and Intent
When you use Asia Climate Lab, you are entering into a legal agreement and you agree to all of these terms. You agree that by registering on Asia Climate Lab, or by using our website, or participating in Asia Climate Lab events, or other information provided as part of the Asia Climate Lab services (collectively “Asia Climate Lab” or the “Services”), you are entering into a legally binding agreement with Asia Climate Lab, Olympia 1A, 1213 NS Hilversum, the Netherlands (“we,” “us,” “our,” and “Asia Climate Lab”) based on the terms of this Asia Climate Lab User Agreement, and become a Asia Climate Lab member (“Member”). If you are using Asia Climate Lab on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us.
- YOUR OBLIGATIONS
2.1. Applicable laws and this Agreement
You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in Section 10 (DOs and DON’Ts).
2.2. License and warranty for your submissions to Asia Climate Lab
You own the information you provide Asia Climate Lab under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Asia Climate Lab a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Asia Climate Lab, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Asia Climate Lab, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Asia Climate Lab profile information accurate and updated.
2.3. Service Eligibility
To be eligible to use the Service, you must either have been given an Asia Climate Lab membership invitation by one of the Asia Climate Lab Community Managers OR you must be a representative of a company/organisation that has an active Asia Climate Lab Subscription Agreement. In addition, you warrant that you (1) are not currently restricted from the Services, or not otherwise prohibited from having an Asia Climate Lab account, (2) are not a competitor of Asia Climate Lab or are not using the Services for reasons that are in competition with Asia Climate Lab; (3) will only maintain one Asia Climate Lab account at any given time; (4) will use your real name and only provide accurate information to Asia Climate Lab; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Asia Climate Lab or third party, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
2.4. Your Membership
The profile you create on Asia Climate Lab will become part of Asia Climate Lab and except for the information that you license to us is owned by Asia Climate Lab. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Asia Climate Lab account to another party; and (5) not charge anyone for access to any portion of Asia Climate Lab, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please email your request to [email protected].
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Asia Climate Lab.
2.6. Notifications and Service Messages
For purposes of service messages and notices about the Services, Asia Climate Lab may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Asia Climate Lab to an email address associated with your account, even if we have other contact information. You also agree that Asia Climate Lab may communicate with you through your Asia Climate Lab account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Asia Climate Lab account or services associated with Asia Climate Lab. Please review your Account Preferences to control what kind of messages you receive from Asia Climate Lab. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
2.7. User-to-User Communication and Sharing (Asia Climate Lab Groups, Personal Profiles, etc.)
Asia Climate Lab offers various forums such as Asia Climate Lab Groups and Personal Profiles where you can post your observations and comments on designated topics. Asia Climate Lab also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities and other content to their profile and other parts of the site, such as Asia Climate Lab Groups. Asia Climate Lab members can create Asia Climate Lab Groups for free, however, Asia Climate Lab, at its sole discretion, may close or transfer Asia Climate Lab Groups, or remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members, and Asia Climate Lab cannot guarantee that other Members will not use the ideas and information that you share on Asia Climate Lab. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any (non-private) Asia Climate Lab Group, in your Personal Profile, or elsewhere on Asia Climate Lab. Asia Climate Lab is not responsible for another’s misuse or misappropriation of any content or information you post on Asia Climate Lab.
Your privacy is a top priority to Asia Climate Lab. Asia Climate Lab does not share, sell or member mailing lists (including alumni email addresses) with outside corporations or organizations, except for those that have business or contractual relationships with Asia Climate Lab. Any third parties who receive member information are prohibited from using or sharing member information for any purpose other than offering or providing approved services to members.
Asia Climate Lab takes reasonable precautions to assure overall system security by monitoring security issues and industry trends, to protect the privacy of Asia Climate Lab members and secure the personal information available through the Asia Climate Lab website. All areas of Asia Climate Lab that contain private information are housed on a secure server using Secure Socket Layer (SSL) encryption.
Asia Climate Lab access is password-protected to allow access only to registered/invited Asia Climate Lab members. Although these precautions should help to protect any personal information available through the Asia Climate Lab website from abuse or outside interference, a certain degree of privacy risk is faced any time information is shared over the Internet. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.
2.13. Contributions to Asia Climate Lab
By submitting ideas, suggestions, documents, or proposals (“Contributions”) to Asia Climate Lab through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Asia Climate Lab is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Asia Climate Lab shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Asia Climate Lab may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Asia Climate Lab rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Asia Climate Lab under any circumstances.
- YOUR RIGHTS
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or Asia Climate Lab authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Asia Climate Lab or its Members), to view information and use the Services that we provide on Asia Climate Lab webpages and in accordance with this Agreement. Any other use of Asia Climate Lab contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Asia Climate Lab commercially unless expressly authorized by Asia Climate Lab) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Asia Climate Lab and all related items, including any and all copies made of the Asia Climate Lab website.
- OUR RIGHTS & OBLIGATIONS
4.1. Services Availability
For as long as Asia Climate Lab continues to offer the Services, Asia Climate Lab shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Asia Climate Lab as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Asia Climate Lab, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on Asia Climate Lab or by direct communication to you unless otherwise noted. Asia Climate Lab further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Asia Climate Lab to be contrary to this Agreement. For avoidance of doubt, Asia Climate Lab has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.
4.2. Connections and Interactions with other Members
You are solely responsible for your interactions with other Members. Asia Climate Lab may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Asia Climate Lab reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Asia Climate Lab determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
4.3. Intellectual Property Notices
The Service includes the copyrights and Intellectual property rights of Asia Climate Lab and except for the limited license granted to you in Section 3, Asia Climate Lab reserves all of its intellectual property rights in the Service. Asia Climate Lab logos and other Asia Climate Lab trademarks, service marks, graphics, and logos used in connection with Asia Climate Lab are trademarks or registered trademarks of Asia Climate Lab. Other trademarks and logos used in connection with Asia Climate Lab may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you. Do not rely on Asia Climate Lab or its suppliers, any information therein, or its continuation. We provide the platform for Asia Climate Lab and all information and services on an “as is” and “as available” basis. Asia Climate Lab does not control or vet user generated content for accuracy. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, Asia Climate Lab and its suppliers disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. If you are dissatisfied or harmed by Asia Climate Lab or anything related to Asia Climate Lab, you may close your Asia Climate Lab account and terminate this agreement in accordance with section 7 (“termination”) and such termination shall be your sole and exclusive remedy. Asia Climate Lab is not responsible, and makes no representations or warranties for the delivery of any messages (such as inmails, posting of answers or transmission of any other user generated content) sent through Asia Climate Lab to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. Asia Climate Lab does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, Asia Climate Lab disclaims all liability for identity theft or any other misuse of your identity or information by others. Asia Climate Lab does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. Asia Climate Lab disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Asia Climate Lab disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Asia Climate Lab site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
- Limitation of Liability
Limitation of liability. Some countries do not allow the limitation or exclusion of liability in contracts with consumers and as a result the contents of this section may not apply to you. Neither Asia Climate Lab nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“Asia Climate Lab Affiliates”) shall be iable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service or any of the content or other materials on, accessed through or downloaded from Asia Climate Lab. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
- Not apply to any damage that Asia Climate Lab may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
- Not apply if you have entered into a separate agreement to purchase Subscription Services with a separate Limitation of Liability provision that supersedes this section in relation to those Subscription Services.
7.1. Mutual rights of termination
You may terminate this Agreement, for any or no reason, at any time, with notice to Asia Climate Lab pursuant to Section 9.3. This notice will be effective upon Asia Climate Lab processing your notice. Asia Climate Lab may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Asia Climate Lab or the party paying for the services may terminate your access to any Subscription Services. Termination of your Asia Climate Lab account includes disabling your access to Asia Climate Lab and may also bar you from any future use of Asia Climate Lab.
7.2. Misuse of the Services
Asia Climate Lab may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the Asia Climate Lab messaging services; creating multiple or false profiles; using the Services commercially without Asia Climate Lab’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that Asia Climate Lab, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Asia Climate Lab has adopted a policy of terminating accounts of Members who, in Asia Climate Lab’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
7.3. Effect of Termination
Upon termination of your Asia Climate Lab account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Section 4.1. (“Our Rights and Obligations”).
- DISPUTE RESOLUTION
This Agreement is governed by Dutch law. All disputes arising in connection with the present contract, or further contracts resulting therefrom, shall be finally settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute. The place of arbitration shall be the Netherlands.
- AMENDMENTS TO THIS AGREEMENT
We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.Asia Climate Lab.com or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 7 (Termination).
- Asia Climate Lab “DOS” AND “DON’TS”
As a condition to access Asia Climate Lab, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
10.1. Do undertake the following:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with notices sent by Asia Climate Lab concerning the Services;
- Use the Services in a professional manner; and
- Use your real name on your profile.
10.2. Don’t undertake the following:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Asia Climate Lab;
- Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
- Create a Member profile for anyone other than a natural person;
- Harass, abuse or harm another person, including sending unwelcomed communications to others using Asia Climate Lab;
- Upload a profile image that is not your likeness or a head-shot photo;
- Use or attempt to use another’s account or create a false identity on Asia Climate Lab;
- Upload, post, email, transmit or otherwise make available or initiate any content that:
a. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present;
b. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
c. Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Asia Climate Lab);
d. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
f. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Asia Climate Lab invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Asia Climate Lab to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
g. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Asia Climate Lab or any user of Asia Climate Lab; or
h. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Asia Climate Lab (excluding content posted by you) except as permitted in this Agreement, Asia Climate Lab’s developer terms and policies, or as expressly authorized by Asia Climate Lab;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
- Utilize or copy information, content or any data you view on or obtain from Asia Climate Lab to provide any service that is competitive, in Asia Climate Lab’s sole discretion, with Asia Climate Lab;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Asia Climate Lab unless you have entered into a written agreement with Asia Climate Lab (this includes, but is not limited to, representing yourself as an accredited Asia Climate Lab trainer if you have not been certified by Asia Climate Lab as such);
- Adapt, modify or create derivative works based on Asia Climate Lab or technology underlying the Services, or other Members’ content, in whole or part, except as permitted under Asia Climate Lab’s developer program;
- Rent, lease, loan, trade, sell/re-sell access to Asia Climate Lab or any information therein, or the equivalent, in whole or part;
- Sell, sponsor, or otherwise monetize an Asia Climate Lab Group or any other service or functionality of Asia Climate Lab, without the express written permission of Asia Climate Lab;
- Deep-link to the Site for any purpose, (i.e. creating or posting a link to an Asia Climate Lab web page other than Asia Climate Lab’s home page) unless expressly authorized in writing by Asia Climate Lab or for the purpose of promoting your profile or a Group on Asia Climate Lab as set forth in the Brand Guidelines;
- Remove any copyright, trademark or other proprietary rights notices contained in or on Asia Climate Lab, including those of both Asia Climate Lab and any of its licensors;
- Remove, cover or otherwise obscure any form of advertisement included on Asia Climate Lab;
- Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Asia Climate Lab except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
- Share information of non- Members without their express consent;
- Infringe or use Asia Climate Lab’s brand, logos or trademarks, including, without limitation, using the word “Asia Climate Lab” in any business name, email, or URL or including Asia Climate Lab’s trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Asia Climate Lab;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
- Use bots or other automated methods to access Asia Climate Lab, add or download contacts, send or redirect messages, or perform other similar activities through Asia Climate Lab, unless explicitly permitted by Asia Climate Lab;
- Access, via automated or manual means or processes, Asia Climate Lab for purposes of monitoring Asia Climate Lab’s availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Asia Climate Lab’s website;
- Attempt to or actually access Asia Climate Lab by any means other than through the interfaces provided by Asia Climate Lab such as its mobile application or by navigating to Asia Climate Lab using a web browser. This prohibition includes accessing or attempting to access Asia Climate Lab using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Asia Climate Lab;
- Attempt to or actually override any security component included in or underlying Asia Climate Lab;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Asia Climate Lab’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or Asia Climate Lab personnel, attempting to gain unauthorized access to Asia Climate Lab, or transmitting or activating computer viruses through or on Asia Climate Lab; and/or
- Interfere or disrupt or game Asia Climate Lab or the Services, including, but not limited to, any servers or networks connected to Asia Climate Lab, or Asia Climate Lab’s search algorithms.