Terms of Service
Thank you for visiting Climate Capital.
By using this Website, you confirm you have agreed to the Privacy Policy and read and understood these Terms of Service.
The following terms have the following meaning
“Climate Capital”: Climate Capital Mutual Ltd with registered office at 128 City Road, London EC1V 2NX, United Kingdom, with registered number RS004358
“Party”: either of Climate Capital or you the User
“Platform”: the Climate Capital environmental services Platform, an access-controlled part of this Website
“User”: you
Age protection
We recognise the particular importance of protecting privacy where children are involved. We do not knowingly collect personal information from minors. If a minor has provided us with information online, we ask that a parent of guardian contact us.
By using this Website, you confirm that you are of at least the age of majority where you live. If you are a child, please do not use this Website.
Limitation of liability
Climate Capital provides professional independent research services and all information used in the publication of our content has been compiled from sources that are believed to be reliable. To the extent permitted by applicable law, no guarantees, warranties or representations, express or implied, can be given by Climate Capital as to the accuracy, adequacy or completeness of the information contained in our content and we are not responsible for any errors or omissions, or results obtained from use of such information, or any loss or damages from such use. You use this Website at your own risk. We make no warranty that the Website will provide uninterrupted and error-free service, nor that it will meet your needs or expectations, nor that it will be free from viruses, malware, or any other harmful content. No advice or information, whether oral or written, obtained by you from us, shall create any warranty.
Neither Climate Capital, nor any affiliates, officers, directors or employees accept any liability or responsibility in respect of the information which is subject to change without notice and may only be correct at the stated date of their issue. Climate Capital expressly disclaims any warranties of merchantability or fitness for a particular purpose.
In no event will Climate Capital, its affiliates officers, directors or employees be liable to you the Platform User or to any buyer or seller of any goods or services provided on the Platform for any loss or damages of any kind suffered by the User, buyer or seller arising in any way from their utilisation of the services of Climate Capital or their use of the Platform.
The above limitations of liability additionally apply to any third-party websites which may be linked to by this Website.
Intellectual Property, Confidentiality and Use
The Website’s entire content is owned by us and is protected by copyright laws. Website use does not grant you any right, interest or ownership in relation to our intellectual property.
Some of our Website content is restricted to Platform Users, who must create and use a personal login to access that restricted content. All such restricted content is confidential, and should not be disclosed, copied, published or reproduced by the recipient, in whole or in part, to any person, other than the professional advisers of the recipient who shall be made aware by the recipient of the confidential nature of the content. The User agrees and undertakes, as a recipient of Confidential information, that they shall not disclose or make available to any person or entity any of Climate Capital’s or any third party’s confidential information, nor utilise any confidential information so disclosed to circumvent Climate Capital or compete with Climate Capital in relation to or exclude it from, any business opportunity deriving or flowing from the use of the confidential information.
No rights are claimed in respect of any third-party products or trademarks which may be referred to in this Website.
Restrictions in certain jurisdictions
Accessing information contained in this Website may be restricted or prohibited by law in or from certain jurisdictions. Recipients of this information are required by Climate Capital to inform themselves of and comply with all such restrictions and prohibitions. None of Climate Capital or any of its directors, employees or advisers or any other person accepts any liability to any person in relation to the distribution or possession of this information in, to or from any jurisdiction.
Investment activities
Climate Capital does not offer investment advice, and the purpose and content of information contained in this Website is for preliminary purposes only relating to the activities of Climate Capital. It does not constitute a promotion or offer to invest within the meaning of the Financial Services and Markets Act 2000 (“FSMA”) of the United Kingdom. The content has not been approved for the purposes of Section 21(2) of FSMA and should not be construed as a ‘financial promotion’.
The sole purpose of the information contained in this Website is to provide the recipient with certain preliminary information on Climate Capital, its projects and its activities. Our content has been prepared purely for information purposes, and nothing contained within should be construed as an offer, or the solicitation of an offer, to buy or sell any security, product, service or investment.
The information contained in this Website does not constitute a promotion or offer to invest and is for background purposes only and may be subject to material updating, completion, revision, amendment and verification.
No reliance should be placed on the information contained in this Website and no representation or warranty, express or implied is made by Climate Capital or any of its directors, employees or advisers or any other person in relation thereto and Climate Capital, its directors, employees and advisers shall not have any liability in respect of any information contained in or omitted from this Website.
If you are in any doubt about the contents of this Website, or the action you should take, you should consult an independent financial adviser authorised and regulated under FSMA who specialises in advising on the acquisition of shares and other securities.
Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Climate Capital and its affiliates and their directors, officers, employees and agents from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party. Your indemnification obligations under this section shall not apply to the extent directly caused by our breach of this agreement or, if you are based in the EU, to the extent that the consequences were not reasonably foreseeable.
Severability
In the event that any part of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and the remaining provisions will remain in full effect.
Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate this agreement at any time by notifying us that you no longer wish to use our website, or when you cease using our website. We also may terminate this agreement at any time by notifying you, or without notice by making our website unavailable to you. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Prohibited Uses
In addition to other prohibitions in these Terms of Service, you may not use the Website or its content:
for any unlawful, obscene or immoral purpose, or to solicit others to participate in such;
to violate any international, national, or local regulations, rules, laws, or ordinances;
to violate our intellectual property rights or those of others;
to harass, insult, harm, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to provide false or misleading information;
to upload or transmit viruses, malware or any other type of malicious code that could affect the operation of this or any other website;
to collect or track the personal information of others;
to spam, phish, spider, crawl, or scrape;
to disrupt or bypass the security features of this or any other website.
Grievance procedure
Should any dispute, controversy or claim arise out of the use of this Platform or the services of Climate Capital, including, without limitation, its services, validity, performance, breach or termination (a “dispute”) the User and Climate Capital hereby agree to settlement thereof in accordance with the following provisions:
1. Climate Capital and the User shall use all reasonable endeavours to promptly negotiate in good faith and settle amicably any dispute within 30 days of notification by either Party to the other of such dispute;
2. In the event that the Parties are unable to resolve the dispute pursuant to the terms set out in Clause 1, the dispute shall then immediately and upon the filing of a Request for Arbitration by either Party, be referred to and finally determined by binding arbitration as follows. All disputes arising out of or in connection with the use of the services shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules with (i) the arbitral tribunal consisting of a sole arbitrator (ii) the place of arbitration being London, England, UK (iii) the language used in the arbitral proceedings being English; and (iv) the decision of the arbitrator being binding on both Parties.
Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Changes to these Terms of Service
We reserve the right to make changes to these Terms of Service as needed for operational, legal or regulatory reasons, or to more clearly communicate our policy statements.
Last modification was made 31st December 2023.