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Terms and Conditions

Terms and Conditions for the Use of the Direct Climate Action Platform

1. General

These Terms and Conditions constitute a legal and binding contract between the User and the Green Climate Fund (GCF) under which the User may access and use the Platform.

By accessing and using this Platform, the User is giving her/his consent to the collection, use and sharing of her/his Personal Data by the GCF and indicating her/his acceptance to be bound by these Terms and Conditions stated herein. If the User does not accept these Terms and Conditions, s/he should not be accessing and/or using the Platform.

The User should check this page periodically to review these Terms and Conditions. The GCF may, in its sole discretion, modify or revise these Terms and Conditions at any time by updating this page. The User’s continued access and use of the Platform after the Terms and Conditions are revised means that the User agrees to be bound by the updated terms.

2. Definitions

The following definitions shall apply to these Terms and Conditions.

Authorized vendor and/or subcontractor: means a company, organization, institute or other legal entity which may supply goods, works or services (such as hosting web servers, etc.) to the GCF in relation to the Platform [and App], and authorized by the GCF to access to and/or process Data and Content in accordance with these Terms of Conditions.
Content any information whether in print or electronic format and regardless of their form, including any document, report, photo, video, drawings, study, blogs that can be saved, stored, downloaded and made available or otherwise by User, registered or otherwise and/or the GCF on the Platform. Content may also include any Data of the Registered User.
Data

data and/or information listed below shall be collectively referred to as “Data”:

(a) “Contact Data” provided by any User when contacting GCF by any means, including, but not limited to sending an email, filling a form, where applicable or completing the registration process anywhere on the Platform. The Contact Data comprises: (a) name and/or surname, (b) email address; (c) postal address; (d) telephone number; (e) the organization or company the users are representing or working for, if applicable. The Contact Data may include Personal Data.
(b) “Personal Data” means any information relating to a person who is or can be identified either from the data, or from the data in conjunction with other information that is in, or is likely to come into, the possession of the GCF and/or its authorized vendors or subcontractors. Personal Data may include but is not limited to, an individual’s (a) name and/or surname, (b) place/date of birth, (c) age, (d) gender, (e) nationality, (f) country, state, postcode, city or village of residence, (g) area of expertise and employment status, (h) education and/or other qualifications, (i) personal contacts (e.g. postal address, email address, telephone number, etc.).
(c) “Registration Data” means data provided by the User when creating an Account in a reserved area section of the Platform. The Registration Data comprises: (a) name and/or surname, (b) email address; (c) the organization or company the Users is representing or working for, if applicable, and (d) any other information that may be required by the GCF for purposes of registration in the Platform. Registration Data may include Personal Data.
(d) data about the use of the Platform, such as what areas the User visits and what services s/he accesses, and information about the User’s computer hardware and software, such as the IP address, browser type, domain names, access times and referring website addresses;
(e) other information gathered through feedback and surveys conducted by the GCF in connection to the Platform.
Account is an account created by the Registered User in order to access and use the Platform. The public profile page of the Account is available for public viewing.
Partner means any international organization, private sector entity, academia and research institution, or expert individual, who wishes to share its knowledge and expertise, by way of posting its Content on the Platform, subject to GCF’s approval and/or screening. Partner can also become Online Volunteer. Partner can share its Content on the Platform by any of the following means: (i) by registering to the Platform as Online Volunteer; (ii) by entering into a partnership arrangement with the GCF or (iii) by posting its Content on the Platform without creating an Account.
Platform means the Direct Climate Action Platform
Processing of Data: means any operation or set of operations which is performed on or using Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
Registered User(s)

is the User who has completed the registration process and created an Account on the Platform. Registered User can either be:

(i) Entity – that is a national designated authority / focal point or direct access entity or others that can submit online volunteering postings. Entity may also share its Content on the Platform; or
(ii) Online Volunteer - is a natural or legal person/institution who upon completing the registration process on the Platform can access and use the Platform for the purposes of submitting its application in respect to the online volunteering postings submitted by Entity. Online Volunteer may also share its Content on the Platform.
Third Party(ies): means any natural or legal person, public authority, agency or any other body other than Registered User, Partners, the GCF and/or the GCF’s authorized vendors and subcontractors.
Users means anyone accessing and using the Platform.

3. Collection and Retention of Data
3.1. The GCF may collect Data from the Users in connection to their access and use of the Platform.
3.2. The Users may also provide their Data to the GCF (i) when registering on the Platform to create an Account, (ii) when contacting the GCF in connection with the access to and use of the Platform by any means, including, by sending an email or completing an online form; or (iii) when completing and/or responding to any surveys, questionnaires conducted by the GCF in connection to the Platform. By doing so, the Users provide their consent to the GCF to Process Data.
3.3. The Users are not required to provide any Data. However, the failure to provide specific Data may prevent the Users to access the full functionality of the Platform, including the failure to register on the Platform.
3.4. Data will only be used for the purpose(s) specified under paragraph 4 of these Terms and Conditions. If the GCF wishes to Process Data for any other purpose, the GCF will inform the Users and request their written consent.
3.5. The GCF will retain indefinitely all Data gathered about the Users in an effort to make their use of the Platform more efficient, practical and relevant. The Registered Users may cancel their registration at any time, in which event the GCF will remove the Registered Users’ Account, except for an archival copy, which is not accessible on the Internet.
3.6. The GCF may subcontract vendors for the purposes of operating and maintaining the Platform (the “Authorized vendor and/or subcontractor”), who might in connection to the provision of their services have access to Data and/or Content. These Terms and Conditions shall apply to the Authorized vendor and/or subcontractor.
4. The purpose of using Data
4.1.

Data will be processed for the purposes of:

(a) sharing of knowledge and expertise;
(b) facilitating the connection of Entity with the Online Volunteer;
(c) operating and improving the Platform to foster a positive User experience.
5. The Registered User’s rights
5.1. The Registered Users maintain their Data on their Account, specifically, they can correct, update, change or delete their Account at any time. The public profile page of the Registered Users’ Account will be viewable by the public. Therefore, the Registered Users should not post or add Personal Data on their profile that the Registered Users would not want to be publicly available.
5.2. Use of any password-protected area of the Platform is restricted to the Registered Users who have been given a password to enter such area. The password cannot be shared with any other third parties. The Registered Users are responsible for maintaining the confidentiality of their Data and password. The Registered Users shall be responsible for all uses of their registration, whether or not authorized by them. The Registered Users agree to immediately notify the GCF of any unauthorized acess to or use of their Account
5.3. The Registered Users will be able to submit their feedback on the Platform, which will become the property of GCF and can be used by GCF in connection with the Platform or to contact the Registered User for further information.
5.4. Occasionally, the Registered Users may be invited to participate in surveys. Information gathered from these surveys will become the property of the GCF and the Registered Users hereby agree to grant the GCF a license to process such information as set forth in these Terms and Conditions.
5.5. The Registered Users may post Content on the Platform, subject to the GCF’s prior approval and/or screening. Please refer to paragraph 10 of these Terms and Conditions for further details on the Content made available on the Platform by Users, registered or otherwise.
6. Disclosure of Data to the Third Parties

6.1. The GCF will not disclose, sell, distribute or rent to the Third Parties any Data provided by the User, registered or otherwise, without prior authorization of the person to which the Data refer, except that:
a. In case the Online Volunteers apply for an online volunteering opportunity, Entities that posted the opportunities will be able to access part of the Online Volunteers’ Account profile, such as name, email address and personal web pages as well as any additional information the Online Volunteers may provide with their applications.
b. GCF may disclose Data in agreggated and anonymized form subject to the GCF’s privileges and immunities, if requested to do so by the GCF’s Board, or if necessary in the GCF’s sole discretion to protect the GCF’s property or rights, prevent a crime or protect the safety of users or the public.
7. Use of cookies

To facilitate Users’ use of the Platform, GCF will use “cookies” to remember the Users’ web-site visits and usage as well as Data that the Users have already provided. The Users can always direct Users’ browser to refuse “cookies”, but this may affect how the Users can use certain features of the Platform, and the Users may need to provide their Data again in order to be able to use some of the services provided through this Platform.

8. Applicable law

Data will be processed in accordance with GCF’s rules, policies and practice, to the exclusion of any single national system of law.

9. Content posted by the GCF
9.1. The Content on the Platform posted by the GCF is protected by copyright. To ensure wide dissemination of its Content the GCF is committed to making its content freely available and encourages the use, reproduction and dissemination of the text, multimedia and data presented on the Platform. Except where otherwise indicated, Content may be copied, printed and downloaded for private study, research and teaching purposes, and for use in non-commercial products or services, provided that appropriate acknowledgement of the GCF as the source and copyright holder is given (as suggested in paragraph 9.2below) and that the GCF's endorsement of the User’s views, products or services is not stated or implied in any way. The GCF encourages unrestricted use of news releases provided on the Platform website, and no formal permission is required to reproduce such Content.
9.2. Recommended citation: [© GCF] [Year of publication] [Title of content] [Document number, if applicable] [Page number (for publications)] [Location on the website of the Platform] [Date accessed and/or downloaded]
9.3. All requests for translation, adaptation, other derivative forms, inquiries for resale and other commercial use rights and further inquiries should be addressed to communications@gcfund.org.
9.4. The GCF does not necessarily own each component of the Content posted by the GCF on this Platform. The GCF therefore does not warrant that the use of any third party-owned individual component or part contained in the Content will not infringe on the rights of those Third Parties. The risk of claims resulting from such infringement rests solely with the Users. If the Users wish to re-use a component of the Content, it is their responsibility to determine whether permission is needed for that re-use and to obtain permission from the copyright owner. Examples of components can include but are not limited to, tables, figures, or images. All queries on rights and licenses should be addressed to communications@gcfund.org.
10. Non-GCF Content
10.1. The Platform may also include third party copyright Content posted/uploaded by the Users, registered or otherwise (such as by Entities, Online Volunteers, Partners, and other Users), subject to the GCF’s approval and/or screening.
10.2. he Users, registered or otherwise, wishing to upload their Content hereby represent and warrant that they have all required ownership rights to use and upload their Content on the Platform.
10.3. Based on such rights, the Users, registered or otherwise, hereby grant to the GCF a nonexclusive, irrevocable, worldwide, royalty-free right to copy, distribute, transmit, display, publish, remove, retain, translate, analyze, reformat, edit and use (including alone and in collective works) in any way now known or in the future discovered, any Content provided by the Users, registered or otherwise, and to use such Users’ names in connection with such Content, without any further consent of, or notice to, such Users. Hereby, the GCF has the right to authorize the other Users of the Platform to exploit any Content submitted by the Users, registered or otherwise, consistent with the rights granted under these Terms and Conditions. No compensation will be paid to the Users, registered or otherwise, with respect to the use of their Content and the rights provided herein.
11. Status of the Users
11.1. The Users, registered or otherwise, and their personnel, if applicable, shall not be considered in any respect as being the employee, staff or agent of the GCF.
11.2. The Users’ Account on the Platform shall not be construed as an endorsement nor recommendation on the part of GCF.
12. Disclaimer
12.1. The designations employed and the presentation of the Content of the Users, registered or otherwise, on the Platform do not imply the expression or any opinion whatsoever on the part of the GCF. The mention of specific companies or products, whether or not these have been patented, does not imply that these have been endorsed or recommended by the GCF in preference to others of a similar nature that are not mentioned.
12.2. This Platform may contain advice, opinions, and statements, communications of various Users, registered or otherwise, with or without prior/subsequent moderation by the GCF. GCF does not represent or endorse the accuracy or reliability of any advice, opinion, statement, communication, submissions or other Content provided by the Users, registered or otherwise. Reliance upon any such advice, opinion, statement, communication or other Content shall also be at the Users’, registered or otherwise, own risk.
12.3. Under no circumstances shall the GCF or its authorized vendor and/or subcontractor be liable to Users, registered or otherwise, or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any Content herein, regardless of cause, for any damages resulting therefrom.
12.4. The GCF only provides a venue Platform and acts as a passive conduit for volunteering activities to be agreed upon among the Registered Users and for knowledge sharing among Users’ registered or otherwise. The Platform acts as a venue for the Entities to post online volunteering opportunities, and for the Online Volunteers seeking online volunteering opportunities to submit their applications. The GCF may establish certain measures to screen the registration of the Entities and the Online Volunteers and the Entities’ postings of online volunteering opportunities.
12.5. The GCF is not involved in the actual arrangements between the Online Volunteers and the Entities and declines any and all responsibilities and liabilities regarding any relationship between them. The details regarding a particular opportunity for which the Online Volunteer applied, regarding, inter alia, deliverables (including copyright), scheduling, collaboration processes and prerequisites are agreed between the Entity and the Online Volunteer.
12.6. The Entity is solely responsible for its postings on the Platform and for any decisions made by the Entity relating to the engagement of the Online Volunteer. The Entity shall be responsible for verifying the accuracy and validity of the advice and/or deliverables it receives from the Online Volunteer. The GCF assumes no control or liability over the quality, safety or legality of the online volunteering opportunities or applications posted, the truth or accuracy of the listings, the ability of the Entity to offer online volunteering opportunities to the Online Volunteer submitting applications, or the ability of the latter to fill the online volunteering opportunity openings.
12.7. The Online Volunteers shall not partake in any activities that could be detrimental to the Entities or to their objectives and the advice and/or deliverables the Online Volunteers will provide to the Entities will reflect the full extent of their knowledge and experience. The Online Volunteers shall not apply for opportunities where they do not have the appropriate skills or qualifications. The Online Volunteers accept sole responsibility in the case of their gross negligence or willful misconduct in connection with any online volunteering opportunity.
12.8. Because user authentication on the Internet is difficult, the GCF cannot and does not confirm that each Registered User is who s/he claims to be. Because the GCF does not and cannot be involved in User-to-User dealings or control the behavior of Users on the Platform, in the event that the Users, registered or otherwise, have a dispute with one or more Users, registered or otherwise, the Users release the GCF and its staff, agents and employees from claims, demands, and damages actual and consequential, direct and indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
12.9. Content on this Platform is provided on an "as is" and "as available" basis. The GCF makes every effort to ensure, but does not guarantee, the accuracy, completeness or authenticity of the Content on the Platform website. The GCF reserves the right to alter, limit or discontinue any part of the Platform or any Content at its discretion and without notice. Under no circumstances shall the GCF be liable for any loss, damage, liability or expense suffered that is claimed to result from the use of the Content posted on this Platform, including without limitation, any fault, error, omission, interruption or delay.
13. Prohibited Uses
13.1.

This Platform may be used only for lawful purposes consistent with these Terms and Conditions. By way of example, and not as a limitation, the Users, registered or otherwise, agree not to do any of the following:

(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other Users and third parties under all aplicable national and international law
(b) Publish, post, distribute or disseminate any incomplete, false or inaccurate biographical or organizational Content or Content which is not the Users’ own accurate resume or organization description or any defamatory, infringing, obscene, indecent or unlawful material or information.
(c) Post any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commission only, requires recruitment of other members, sub-distributors or sub-agents.
(d) Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the Users own or control the rights thereto or have received all consents thereof as may be required by law.
(e) Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, service to any user, host or network, or use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on this Platform, including, without limitation, via means of submitting a virus to any website, overloading, flooding, spamming, mail bombing or crashing.
(f) Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, or delete or revise any material posted by any other person or entity.
(g) Falsify the origin or source of software or other material contained in a file that is uploaded.
(h) Send unsolicited e-mail, advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters, or download any file posted by another User, registered or otherwise of the Platform that User, registered or otherwise, knows, or reasonably should know, cannot be legally distributed in such manner. 
(i) Violate or attempt to violate the security of the Platform, including without limitation (i) accessing data not intended for such User, registered or otherwise, or logging into a server or account which the User, registered or otherwise, is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or (iii) forging any TCP/IP packet header or any part of the header Content in any e-mail or newsgroup posting.
13.2. The GCF reserves the right to suspend, restrict the right to access, and/or use the Platform by the Users, registered or otherwise, delete the Registered Users’ Account and prevent their further access to the Platform for violating these Terms and Conditions and the right to remove communications, which are abusive, illegal, or disruptive. The GCF may take any action with respect to the Content posted by the Users, registered or otherwise, that it deems necessary or appropriate in its sole discretion if it believes it may create liability or embarrassment for the GCF.
14. Links to third-party websites

This Platform may contain hyperlinks and references to third-party websites. The linked sites are not under the control of the GCF and the GCF is not responsible for the contents of any linked website or any link contained in a linked website. The GCF provides these links only as a convenience, and the inclusion of a link or reference does not imply endorsement of the linked site by the GCF. If the Users, registered or otherwise, decides to access linked third-party websites, the Users do so at their own risk. The GCF encourages the Users to review the privacy policies and terms of use of those other websites, so they can understand how those websites collect, use and share their information.

15. Indemnification

The Users, registered or otherwise, shall indemnify, hold and save harmless, and defend, at their own expense, the GCF, its employees, agents, and staff from and against all suits, claims, demands, and liability of any nature or kind, including their costs and expenses, arising out of acts or omissions of the Users, registered or otherwise, or such Users’ employees, staff or agents. This provision shall extend, inter alia, to claims and liability in the nature of employee's compensation, products liability and liability arising out of the use of patented inventions or devices, copyrighted material or other intellectual or industrial property, confidential information, or privacy right, or any submission caused damage to a third party.

16. Privileges and Immunities

Nothing in these Terms and Conditions shall constitute or be interpreted as a waiver of, express or implied, of any of the privileges and immunities granted to the GCF.

17. Security

GCF employs reasonable technical and organization measures designed to secure the Data and/or Content provided by the Users, registered or otherwise, from accidental loss and from unauthorized attempts to access, upload or change information, or otherwise cause damage. However, GCF cannot guarantee that unauthorized Users or third parties will never be able to defeat those measures or use the Data and/or Content for improper purposes.

18. Dispute Resolution

Any dispute, controversy or claim arising out with respect to the use of this Platform unless resolved amicably, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. The number of arbitrator shall be one. The place of arbitration shall be Songdo, the Republic of Korea. The language to be used in the arbitral proceedings shall be English. The decisions of the arbitral tribunal shall be based on general principles of international law.