ClimateClever Terms and Conditions

Updated 13/04/2020


The ClimateClever Platform has been developed by ClimateClever Pty Ltd, and is based on research conducted by Curtin University with funding support from the CRC for Low Carbon Living. The online Sign-Up process forms part of these terms. By accepting the Terms and Conditions box in the Sign-up Form, you acknowledge that you have read, understood and accept these terms.

1: Objectives of the ClimateClever Platform:

The ClimateClever Platform aims to:

Assist educational institutions, households and soon businesses and organisations, to understand and subsequently reduce carbon emissions and costs from the consumption of energy and water and the production of waste;

Identify options to reduce user’s carbon footprint and ways to embed low carbon initiatives into daily practices;

Create a network of ClimateClever champions within the community to actively address climate change and save money.

2: Parties to this Agreement:

ClimateClever is a social enterprise whose purpose is to achieve social, economic and environmental outcomes in the community by providing services in carbon management and sustainability practice. ClimateClever is the primary developer and facilitator of the ClimateClever online Platform.

Eligible educational institutions include early childhood, primary and secondary educational institutions and tafes. These educational institutions may be government, Catholic or independent/private in their administration. Participant’s from educational institutions, along with businesses, organisations and households, are also referred to in this agreement as ‘Users’.

Data sharing arrangements will be made explicit and any sharing of identifiable data will need users permission.

Other persons/organisations involved in the ClimateClever Platform but are not parties to this agreement are:

Sponsors, which are government entities and/or private sector enterprises who provide monetary contributions for platform development and implementation, subsidies for users’ fees, and/or in-kind donations.

Program partners, who may also be sponsors, who provide time, staff and resources for the development of the platform and facilitation of workshops, webinars and other ClimateClever projects.

The ClimateClever Platform may have direct links to State or Local Government programs designed to improve the sustainability of educational institutions, businesses or homes. However, ClimateClever remains independent of the government agencies that administer these programs.

3: Duration of the Agreement:

The ClimateClever Platform, for educational institutions, businesses and organisations, is based on an annual subscription that begins from the point of sign up and payment, which can occur at any time during the year.

Household users are able to choose between a monthly or annual subscription to the platform. Monthly subscribers are able to leave at any time.

Annual subscribers (household, educational institution, business or organisation) who choose to leave before the end of the annual subscription, are not eligible for a refund.

4: Deliverables:

ClimateClever will provide the following:

Access to ClimateClever Platform that enables users to enter utility bill data into the platform, which provides the ability to create a baseline emissions profile, track consumption patterns and costs from energy, water and waste and make comparisons with other similar users using de-identified data.

Access to ClimateClever Platform that enables users to enter building audit data (i.e. number of air-conditioners, fridges, computers) to determine the number of energy and water consuming appliances, infrastructure and assets in order to create baseline audit data, track improvements/changes to buildings and make comparisons to other similar users using de-identified data.

Access to ClimateClever Platform that enables users to manage their carbon footprint by providing users with ideas and tips for low carbon initiatives and actions, as well as the ability to manage their implementation online.

For educational institutions specifically, ClimateClever will:

Facilitate Meet-Ups with other participants (either in person or online), four times a year to discuss challenges, track progress and share experiences and achievements.

ClimateClever will not:

Provide the capital funds for carbon reduction initiatives, such as solar panels or LED lighting;

Partake directly in capital works.

5: User Obligations:

In accepting these Terms and Conditions, users agree to:

Undertake a baseline carbon audit using the ClimateClever Platform, including entering utility bills for 12 months of the previous calendar year. This is required by the platform to track your ongoing performance, in particular, during the calendar year that you sign up in.

Regularly entering the required utility bills during the year into the ClimateClever Platform.

Undertake an initial building audit using the ClimateClever Program Platform.

Obtain and provide relevant data and records to ClimateClever, which may be shared with program partners for the purpose of undertaking carbon/energy analysis, as well as to provide comparisons.

Complete a brief evaluation survey at the conclusion of your subscription.

If uploading images within the completion report, provide fully approved photographs or other media to the ClimateClever platform, which may be used for promotion.

In addition to the above, Educational Institution users agree to:

Endeavor to establish a Low Carbon/Sustainability Committee consisting of at least four people, including:

  • Registrar/business manager
  • A teacher
  • A P&C member
  • A student representative
  • The School Principal and Deputy Principal are also encouraged to be on the Committee

In addition to the above, Businesses and Organisations users agree to:

Endeavor to establish a Low Carbon/Sustainability Committee consisting of at least two people, including:

  • Administration/finance staff member who pays bills.
  • Someone tasked with sustainability within the organisation.

6: Media Permissions

ClimateClever will seek to acquire, produce, share and publish photos and videos of participating users in relation to carbon reduction initiatives to celebrate successes and achievements. It is the highest priority of ClimateClever to respect and protect the privacy and safety of users, in particular, students and, as such, ClimateClever will endeavour to abide by the media and privacy policies of participating educational institutions. It is assumed that photos and multi-media provided and uploaded through the ClimateClever online platform (i.e. within the Completion Reports in the Action module) already have consent of the subjects, or consent from subject’s guardian has already been obtained if required, and images have already been vetted to comply with the school’s media and privacy policies.

Images and multi-media supplied by users may be used by ClimateClever, its sponsors and partners, in promotional material, media releases and program updates, both in print and online, unless otherwise specifically stated by the supplier of the images or multi-media. Permissions from individual users will be sought prior to the publication of any details that make it possible to identify a user.

By signing up, educational institutions, businesses and organisations (not individual householders) give ClimateClever permission to name them on ClimateClever’s website and in social media as a participant on the platform, unless otherwise specified by the user.

7: Payment

Users must pay the participation fee in full prior to the commencement on the platform. Users will not be eligible for a refund for early withdrawal, or in the case that ClimateClever chooses to terminate a user’s participation on the platform in accordance with a breach of the conditions expressed in Section 8.

8: Termination of the Agreement

ClimateClever reserves the right to terminate this agreement and subscription in the event that a user:

Fails to pay the participation fee as set out in Section 7;

Enters false and misleading information/data into the App;

Engages in fraudulent activity;

Fails to make any reasonable attempt at creating and implementing any carbon reduction initiatives.

9: Confidentiality and data

The parties acknowledge that use of the ClimateClever Platform may entail the exchange of commercially confidential information, including financial data and information about business models, operations and prospects, costs and income as well as other sensitive information. Accordingly, ClimateClever will:

Seek full permission from users to use of any identifiable sensitive information for program reporting, promotion and research purposes;

De-identify and aggregate data and information that is used to make comparisons with other users, which is displayed through the App or for promotional material;

De-identify and aggregate data and information that will be used to monitor and report on the progress of the program in published articles, media and blogs, unless otherwise agreed to by the user;

De-identify and aggregate data for use in correspondence with partners or sponsors on users’ behalf, unless otherwise agreed upon by the user;

De-identify and aggregate data for use in academic research. If further data is required (i.e. interviews or additional surveys), researchers will seek permission directly with users. This research will also be subject to the ethics clearance requirements of the lead university. Users will be required to separately provide consent directly to the researcher in relation to research ethics clearance.

For purposes of this undertaking, the data and information mentioned above shall not include that which:

Is in the public domain at the time of disclosure;

Becomes part of the public domain after disclosure to a party through no fault, act or failure to act, error or breach of this undertaking by ClimateClever;

Is discovered by parties independent of any involvement in the platform;

Is required by order, statute or regulation of any government authority to be disclosed to any court or other body, provided that the party shall notify the other party thereof to provide or afford it the opportunity to obtain a protective order or other relief;

Or is obtained from a third party who has acquired a legal right to disclose the specific information.

For further information around how ClimateClever deals with Personal Information, please see ClimateClever’s Privacy Policy Privacy Policy.

10: Indemnification

ClimateClever will make all reasonable attempts to provide users with accurate advice that will reduce carbon emission outputs and utility costs. It is, however, the responsibility of platform users to implement this advice with caution and due diligence. Given the nature of this platform, ClimateClever:

Provides no guarantee to the results that individual users may achieve in terms of carbon emission and cost reductions;

Will not be liable or held responsible for any negative consequences of low carbon initiatives implemented by the user, resulting in either damage to infrastructure or in bodily harm;

Reserves the right to make changes to the content of the platform without notice, though ClimateClever will endeavour to make reasonable efforts to ensure no adverse effects to users.

In addition:

Each party shall indemnify and hold harmless the other party and its users and other affiliates in relation to any claims or issues that may arise from direct engagement with the ClimateClever platform;

Each party shall act as an independent contractor, with sole responsibility for its own operations, personnel and operating expenses, and nothing contained in these terms shall be construed to create a partnership or joint venture between parties;

shall be construed to create a partnership or joint venture between parties; When acting on advice from ClimateClever, it is the responsibility of users to ensure they act within the policy and regulatory frameworks of State and Federal Governments and other governing bodies to which they are accountable;

ClimateClever cannot predict nor control changes in government funding allocations that may or may not occur as a result of changes in users operating budgets (i.e. educational institutions or organisations) as a result of implementing carbon reduction initiatives.

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