Terms of Service – Climate Lab Asia

User Agreement – Terms & Conditions

Welcome to Climate Lab Asia! 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.

INTRODUCTION
1.1. Purpose
The mission of Climate Lab Asia 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 Climate Lab Asia, you are entering into a legal agreement and you agree to all of these terms. You agree that by registering on Climate Lab Asia, or by using our website, or participating in Climate Lab Asia events, or other information provided as part of the Climate Lab Asia services (collectively “Climate Lab Asia” or the “Services”), you are entering into a legally binding agreement with Climate Lab Asia, Olympia 1A, 1213 NS Hilversum, the Netherlands (“we,” “us,” “our,” and “Climate Lab Asia”) based on the terms of this Climate Lab Asia User Agreement, and become a Climate Lab Asia member (“Member”). If you are using Climate Lab Asia 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 Climate Lab Asia
You own the information you provide Climate Lab Asia 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 Climate Lab Asia 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 Climate Lab Asia, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Climate Lab Asia, 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 Climate Lab Asia profile information accurate and updated.
2.3. Service Eligibility
To be eligible to use the Service, you must either have been given a Climate Lab Asia membership invitation by one of the Climate Lab Asia Community Managers OR you must be a representative of a company/organisation that has an active Climate Lab Asia Subscription Agreement. In addition, you warrant that you (1) are not currently restricted from the Services, or not otherwise prohibited from having a Climate Lab Asia account, (2) are not a competitor of Climate Lab Asia or are not using the Services for reasons that are in competition with Climate Lab Asia; (3) will only maintain one Climate Lab Asia account at any given time; (4) will use your real name and only provide accurate information to Climate Lab Asia; (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 Climate Lab Asia 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 Climate Lab Asia will become part of Climate Lab Asia and except for the information that you license to us is owned by Climate Lab Asia. 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 Climate Lab Asia account to another party; and (5) not charge anyone for access to any portion of Climate Lab Asia, 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]
2.5. Indemnification
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 Climate Lab Asia.
2.6. Notifications and Service Messages
For purposes of service messages and notices about the Services, Climate Lab Asia 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 Climate Lab Asia to an email address associated with your account, even if we have other contact information. You also agree that Climate Lab Asia may communicate with you through your Climate Lab Asia account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Climate Lab Asia account or services associated with Climate Lab Asia. Please review your Account Preferences to control what kind of messages you receive from Climate Lab Asia. 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 (Climate Lab Asia Groups, Personal Profiles, etc.)
Climate Lab Asia offers various forums such as Climate Lab Asia Groups and Personal Profiles where you can post your observations and comments on designated topics. Climate Lab Asia 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 Climate Lab Asia Groups. Climate Lab Asia members can create Climate Lab Asia Groups for free, however, Climate Lab Asia, at its sole discretion, may close or transfer Climate Lab Asia 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 Climate Lab Asia cannot guarantee that other Members will not use the ideas and information that you share on Climate Lab Asia. 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) Climate Lab Asia Group, in your Personal Profile, or elsewhere on Climate Lab Asia. Climate Lab Asia is not responsible for another’s misuse or misappropriation of any content or information you post on Climate Lab Asia.

2.11. Privacy
Your privacy is a top priority to Climate Lab Asia. Climate Lab Asia 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 Climate Lab Asia. 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.
Climate Lab Asia takes reasonable precautions to assure overall system security by monitoring security issues and industry trends, to protect the privacy of Climate Lab Asia members and secure the personal information available through the Climate Lab Asia website. All areas of Climate Lab Asia that contain private information are housed on a secure server using Secure Socket Layer (SSL) encryption.
Climate Lab Asia access is password-protected to allow access only to registered/invited Climate Lab Asia members. Although these precautions should help to protect any personal information available through the Climate Lab Asia 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 Climate Lab Asia
By submitting ideas, suggestions, documents, or proposals (“Contributions”) to Climate Lab Asia through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Climate Lab Asia is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Climate Lab Asia 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) Climate Lab Asia may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Climate Lab Asia rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Climate Lab Asia under any circumstances.

Read more Privacy Policy

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 Climate Lab Asia authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Climate Lab Asia or its Members), to view information and use the Services that we provide on Climate Lab Asia webpages and in accordance with this Agreement. Any other use of Climate Lab Asia 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 Climate Lab Asia commercially unless expressly authorized by Climate Lab Asia) 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 Climate Lab Asia and all related items, including any and all copies made of the Climate Lab Asia website.
OUR RIGHTS & OBLIGATIONS
4.1. Services Availability
For as long as Climate Lab Asia continues to offer the Services, Climate Lab Asia shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Climate Lab Asia 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 Climate Lab Asia, 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 Climate Lab Asia or by direct communication to you unless otherwise noted. Climate Lab Asia further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Climate Lab Asia to be contrary to this Agreement. For avoidance of doubt, Climate Lab Asia 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. Climate Lab Asia 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. Climate Lab Asia reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Climate Lab Asia 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 Climate Lab Asia and except for the limited license granted to you in Section 3, Climate Lab Asia reserves all of its intellectual property rights in the Service. Climate Lab Asia logos and other Climate Lab Asia trademarks, service marks, graphics, and logos used in connection with Climate Lab Asia are trademarks or registered trademarks of Climate Lab Asia. Other trademarks and logos used in connection with Climate Lab Asia 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.

Disclaimer
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 Climate Lab Asia or its suppliers, any information therein, or its continuation. We provide the platform for Climate Lab Asia and all information and services on an “as is” and “as available” basis. Climate Lab Asia 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, Climate Lab Asia 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 Climate Lab Asia or anything related to Climate Lab Asia, you may close your Climate Lab Asia account and terminate this agreement in accordance with section 7 (“termination”) and such termination shall be your sole and exclusive remedy. Climate Lab Asia 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 Climate Lab Asia 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. Climate Lab Asia 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, Climate Lab Asia disclaims all liability for identity theft or any other misuse of your identity or information by others. Climate Lab Asia 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. Climate Lab Asia disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Climate Lab Asia disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Climate Lab Asia 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 Climate Lab Asia nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“Climate Lab Asia 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 Climate Lab Asia. 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 Climate Lab Asia 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.

TERMINATION

7.1. Mutual rights of termination
You may terminate this Agreement, for any or no reason, at any time, with notice to Climate Lab Asia pursuant to Section 9.3. This notice will be effective upon Climate Lab Asia processing your notice. Climate Lab Asia 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 Climate Lab Asia or the party paying for the services may terminate your access to any Subscription Services. Termination of your Climate Lab Asia account includes disabling your access to Climate Lab Asia and may also bar you from any future use of Climate Lab Asia.

7.2. Misuse of the Services
Climate Lab Asia 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 Climate Lab Asia messaging services; creating multiple or false profiles; using the Services commercially without Climate Lab Asia’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 Climate Lab Asia, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Climate Lab Asia has adopted a policy of terminating accounts of Members who, in Climate Lab Asia’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.

7.3. Effect of Termination
Upon termination of your Climate Lab Asia 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.Climate Lab Asia.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).
Climate Lab Asia “DOS” AND “DON’TS”
As a condition to access Climate Lab Asia, 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 Climate Lab Asia 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 Climate Lab Asia;
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 Climate Lab Asia;
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 Climate Lab Asia;
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 Climate Lab Asia);
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 Climate Lab Asia invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Climate Lab Asia 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 Climate Lab Asia or any user of Climate Lab Asia; 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 Climate Lab Asia (excluding content posted by you) except as permitted in this Agreement, Climate Lab Asia’s developer terms and policies, or as expressly authorized by Climate Lab Asia;
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 Climate Lab Asia to provide any service that is competitive, in Climate Lab Asia’s sole discretion, with Climate Lab Asia;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by Climate Lab Asia unless you have entered into a written agreement with Climate Lab Asia (this includes, but is not limited to, representing yourself as an accredited Climate Lab Asia trainer if you have not been certified by Climate Lab Asia as such);
Adapt, modify or create derivative works based on Climate Lab Asia or technology underlying the Services, or other Members’ content, in whole or part, except as permitted under Climate Lab Asia’s developer program;
Rent, lease, loan, trade, sell/re-sell access to Climate Lab Asia or any information therein, or the equivalent, in whole or part;
Sell, sponsor, or otherwise monetize a Climate Lab Asia Group or any other service or functionality of Climate Lab Asia, without the express written permission of Climate Lab Asia;
Deep-link to the Site for any purpose, (i.e. creating or posting a link to a Climate Lab Asia web page other than Climate Lab Asia’s home page) unless expressly authorized in writing by Climate Lab Asia or for the purpose of promoting your profile or a Group on Climate Lab Asia as set forth in the Brand Guidelines;
Remove any copyright, trademark or other proprietary rights notices contained in or on Climate Lab Asia, including those of both Climate Lab Asia and any of its licensors;
Remove, cover or otherwise obscure any form of advertisement included on Climate Lab Asia;
Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Climate Lab Asia 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 Climate Lab Asia’s brand, logos or trademarks, including, without limitation, using the word “Climate Lab Asia” in any business name, email, or URL or including Climate Lab Asia’s trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Climate Lab Asia;
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 Climate Lab Asia, add or download contacts, send or redirect messages, or perform other similar activities through Climate Lab Asia, unless explicitly permitted by Climate Lab Asia;
Access, via automated or manual means or processes, Climate Lab Asia for purposes of monitoring Climate Lab Asia’s availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Climate Lab Asia’s website;
Attempt to or actually access Climate Lab Asia by any means other than through the interfaces provided by Climate Lab Asia such as its mobile application or by navigating to Climate Lab Asia using a web browser. This prohibition includes accessing or attempting to access Climate Lab Asia using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Climate Lab Asia;
Attempt to or actually override any security component included in or underlying Climate Lab Asia;
Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Climate Lab Asia’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or Climate Lab Asia personnel, attempting to gain unauthorized access to Climate Lab Asia, or transmitting or activating computer viruses through or on Climate Lab Asia; and/or
Interfere or disrupt or game Climate Lab Asia or the Services, including, but not limited to, any servers or networks connected to Climate Lab Asia, or Climate Lab Asia’s search algorithms.