Global Carbon Capture and Storage Institute Ltd ABN 92 136 814 465 (“Global CCS Institute”)’s websites, under its various domain names including its corporate website under the domain name “globalccsinstitute.com” (collectively “Website”) is offered to you conditional upon your acceptance of these Terms of Use and the associated Privacy Statement and Copyright Statement. Your use of and access to the Website constitutes your acceptance of these Terms of Use and agreement to be bound by them.
1. Definitions
In these Terms of Use:
Content means all content (including data, text, video, images, audio and other material) that is accessible to you and other users on the Website (but excludes any content that is accessible from non-Global CCS Institute websites, such as via hyperlinks from the Website).
Contributions means content that is contributed by you and other users to the Global CCS Institute via the Website (for example, registered user’s comments in the comments areas of the Website). The Global CCS Institute may, in its absolute discretion, make such content generally accessible via the Website.
2. Your use of the Website
2.1 The Global CCS Institute invites you to post comments where they are collaborative areas of the Website.
2.2 In order to post Contributions to the Website, you may be required to become a registered user of the Website. In most cases registration is free, alternatively you may be required to become a Member to access collaborative areas of the Website.
2.3 You must provide true, accurate, current and complete information about yourself as prompted by any registration forms or processes relating to the access to and use of the Website.
2.4 In particular, you must provide your real name and email address where required. If you provide any information that is untrue, inaccurate, not current or incomplete or the Global CCS Institute has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Global CCS Institute has the right to suspend or terminate your right to use the Website and to refuse any and all current or future registrations to use the Website.
2.5 You (and not the Global CCS Institute) are solely responsible for, and liable for, your Contributions. You acknowledge that the Global CCS Institute:
2.5.1 retains the absolute discretion to determine whether Contributions should be made accessible via the Website (and without limitation, the Global CCS Institute is under no obligation to use your Contributions and need not give reasons to any party for its decision that a Contribution will not be used); and
2.5.2 may at any time, in its absolute discretion, and without liability:
2.5.2.1 edit any Contribution and make that edited version accessible on the Website; and
2.5.2.2 remove, alter or disable access to any Contribution or the Website generally (whether temporarily or permanently) without prior notice to you.
2.6 You agree that you will not post or attempt to post any Contribution that:
2.6.1 is inflammatory (commonly referred to as ‘trolling’);
2.6.2 is xenophobic, racist, abusive, harassing or hateful;
2.6.3 is false, defamatory, inaccurate, threatening, invasive of a person’s privacy, or constitutes personal abuse directed at other users;
2.6.4 is obscene, sexually explicit or pornographic, or that contains links to other sites that contain or promote obscene, sexually explicit or pornographic material;
2.6.5 constitutes commercial advertising (including but not limited to the promotion of pyramid or referral schemes), the promotion of gambling or the promotion of your own site (commonly referred to as ‘spamming’);
2.6.6 is copyright material unless the copyright is owned by you or you have an appropriate licence from the owner of the copyright material or that in any way violates or infringes (or could reasonably be expected to violate or infringe) the registered trade mark or intellectual property rights of another person;
2.6.7 constitutes discussion of how to circumvent copyright law or technological protection mechanisms, including (but not limited to) mod chips, keygens, activation workarounds, peer-to-peer software, the creation of back-ups, or links to other sites that contain or promote the use of unlicensed software;
2.6.8 you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive; or
2.6.9 is in violation of any law of Australia or any other law which applies to your use of this Website.
2.7 Additionally the following actions are prohibited on the Website:
2.7.1 attempting to bypass the auto-censor;
2.7.2 posting irrelevant material (commonly referred to as ‘padding’);
2.7.3 posting links affiliated to other websites;
2.7.4 advertising, promoting or soliciting any goods or services, or otherwise engaging in trade or commerce; or
2.7.5 providing any financial advice, or advice of any kind in relation to any financial product.
2.8 If you find any Contribution that you believe may contain inappropriate material, please contact the Institute by using the “report abuse” button on the Website or contact the Global CCS Institute on +61 3 8620 7300so that we may take any necessary action.
3. Browsing Contributions
You acknowledge that, when browsing or accessing the Website, you may be exposed to the Contributions of other users. The Global CCS Institute is not responsible for, and disclaims all liability relating to, the Contributions of other users. You release the Global CCS Institute from any claims that you could assert against the Global CCS Institute relating to the Contributions of other users.
4. Intellectual property rights – your Contributions
4.1 Your Contributions may contain:
4.1.1 content that you have created yourself (Original Material); and/or
4.1.2 content that you have sourced from third parties (Third Party Material).
IMPORTANT NOTE – You may need to obtain a licence (and often pay a licence fee) for use of Third Party Material in your Contributions. If you are unsure whether your use of particular Third Party Material requires you to obtain a licence, you should avoid using that material in your Contributions.
4.2 To the extent that your Contributions contain:
4.2.1 Original Material – you retain all intellectual property rights in that Original Material; and
4.2.2 Third Party Material – you must ensure that you have the lawful right (including all necessary licences) to grant to the Global CCS Institute the licence in respect of that Third Party Material granted under paragraph 4.3 below. If requested, you must provide the Institute with written evidence that you have obtained all necessary licences.
4.3 By posting or attempting to post Contributions to the Website, you grant the Global CCS Institute, and all users of the Website, a Creative Commons Attribution-Noncommercial-NoDerivatives 4.0 International Licence in relation to your Contributions. The full terms of a Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 Licence are available here.
4.4 You voluntarily, unconditionally and irrevocably consent to all or any acts or omissions by the Global CCS Institute (or persons authorised by the Global CCS Institute), in relation to Contributions, which would, without this consent, otherwise infringe your moral rights in those Contributions, including exercise by the Global CCS Institute of its rights in paragraph 2.5 above.
5. Intellectual property rights – Content
You acknowledge that all copyright, trade marks and other intellectual property rights in the Content (other than in your Contributions) are either owned by the Global CCS Institute, or are licensed to the Global CCS Institute by third parties. Nothing in these Terms of Use transfers to you any right, title or interest (including any intellectual property rights) in or to the Content.
6. Prohibited use
6.1 You must not, at any time:
6.1.1 directly or indirectly introduce, or permit the introduction of, any virus, worm, trojan or other malicious code or item of a destructive nature in or on the Website (whether by submission of Contributions or otherwise) or in any way corrupt, degrade or disrupt the Website;
6.1.2 remove any copyright, trade mark, electronic rights management information or other proprietary rights notices contained in or on the Website;
6.1.3 use the Website to violate the security of any computer network, to crack passwords or security encryption codes, or to transfer or store unlawful material (including, without limitation, material that is threatening or obscene); or
6.1.4 use the Website for any purpose that is unlawful, breaches any applicable code of conduct, infringes a third party’s rights or is otherwise prohibited by these Terms of Use.
6.2 Any Content that has been made available to you by virtue of you being a member of the Global CCS Institute (including any Content made available to you via the members’ portal on the Website), and information in that Content, is made available on a confidential basis and is only intended for use by Global CCS Institute members. You must keep such information confidential and not disclose it to any third party, except with express written permission from the Global CCS Institute or where the information has entered the public domain (other than as a result of you breaching your obligations of confidentiality).
7. Other warranties given by you
You warrant that:
7.1 all information you supply in connection with your Contribution (including your name and email address) is accurate in all respects;
7.2 if any of that information changes, you will promptly notify the Global CCS Institute in writing of those changes (click here for contact information); and
7.3 your use of the Website will comply at all times with these Terms of Use and any directions published from time to time by the Global CCS Institute on the Website.
8. Disclaimer
8.1 The material and information on this Website is made available to further the Global CCS Institute’s objective of accelerating the global adoption of safe, commercially and environmentally sustainable carbon capture and storage technologies in the public interest and is provided for convenience only. The Global CCS Institute does not give any representation or warranty as to the reliability, accuracy, currency or completeness of the information or its suitability for any purpose, nor does it accept any responsibility arising in any way (including by negligence) for errors in, or omissions from, the information. No person should make any decision about its commercial or business activities, or otherwise act or fail to act, on the basis of these materials and information. You should make your own assessment of all relevant available information, and obtain professional advice as appropriate, before making any decisions regarding the adoption or implementation of any carbon capture and storage technologies, taking into account your own particular circumstances and requirements.
8.2 To the maximum extent permitted by law (and subject to paragraph 10), the Global CCS Institute disclaims all liability for any loss, damage, expense and costs incurred by any person arising out of accessing, downloading, using or relying on any material and information from this Website.
9. Third party sites not endorsed
9.1 This Website contains links to third party sites. These linked websites are not under the control of the Global CCS Institute, and the Global CCS Institute is not responsible for the content of any linked website or any hyperlink contained in a linked website.
9.2 The Global CCS Institute provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by the Global CCS Institute. Use of hyperlinks to any such website is entirely at your risk.
10. Statutory rights and exclusions and limitations of liability
10.1 To the extent that you acquire goods or services from the Global CCS Institute as a consumer within the meaning of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms of Use operates to exclude, restrict or modify the application of any condition, warranty or provision implied by law, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would contravene that statute or cause any term of these Terms of Use to be void (Non-excludable Obligation). To the extent permitted by law, any liability of the Global CCS Institute in respect of Non-excludable Obligations is limited to:
10.1.1 (if the breach relates to goods) the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or
10.1.2 (if the breach relates to services) the supplying of the services again or the payment of the cost of having the services supplied again,
and the choice of remedy will be at the Global CCS Institute’s option unless otherwise required by law.
10.2 Except as expressly provided in these Terms of Use or as required by law (including under any Non-excludable Obligations), the Website is provided ‘as is’, and the Global CCS Institute excludes all warranties, undertakings, conditions, terms and obligations of any kind (including warranties as to merchantability or fitness for a particular purpose), whether express or implied, relating in any way to the Website. In particular (but without limitation) the Global CCS Institute does not warrant that your access to or use of the Website will be uninterrupted or error free, or that the Website (including its Content) will be free from viruses.
10.3 Without limiting paragraph 10.2, and except as required by law (including under any Non-excludable Obligations), the Global CCS Institute will not be liable (including in negligence) for:
10.3.1 any loss of profits, loss of revenue, loss of data, loss of use of data, or any direct, indirect or consequential loss or damage, incurred by or awarded against you or any other person arising directly or indirectly from your access to or use of the Website (or any linked website);
10.3.2 any cost, loss, liability or expense arising from death, personal injury or damage to property (including damage to your software, hardware or data) resulting directly or indirectly from your access to or use of the Website (or any linked website).
11. Indemnity
You indemnify and hold the Global CCS Institute, its employees, officers and agents (Indemnified Parties) harmless from and against any claims, liability, expenses, losses, damages and costs (including legal costs and expenses on a solicitor own client basis) (Loss) incurred by any of Indemnified Parties where such Loss was caused, directly or indirectly, by:
11.1 your access to or use of the Website, including any Content; or
11.2 any Contributions made by you (or on your behalf) to the Website (including, without limitation, Loss caused by a claim that your Contribution infringes the intellectual property or other rights of any person).
12. General
12.1 The Global CCS Institute may change these Terms of Use, the Privacy Statement and the Copyright Statement from time to time.
12.2 If you do not accept a change made by the Global CCS Institute to these Terms of Use, your only remedy (except as set out elsewhere in these Terms of Use) is to immediately cease accessing the Website.
12.3 The laws of the State of Victoria, Australia, govern these Terms of Use (including the Creative Commons Attribution-Noncommercial-NoDerivatives 4.0 International Licence) and in the event of any legal dispute between you and the Global CCS Institute, the courts of the State of Victoria will have non-exclusive jurisdiction.
12.4 These Terms of Use, our Privacy Policy and our Copyright Statement constitute the entire agreement between you and the Global CCS Institute as to their subject matter, and supersede all prior or inconsistent statements or representations, whether made verbally or in writing, as to that subject matter.
12.5 If you use the Website on behalf of a company, association or other organisation, you accept these Terms of Use on behalf of that organisation and warrant that you are authorised to bind that organisation to these Terms of Use.
