Version #1, June 2023
These Terms and Conditions of Use (“ Terms ”) establish the general conditions for the use of the Climate Impact Calculator, through the website www.aondaverde.com.br/calculadora, (“Platform”), by CLIMATE VENTURES (“ CLIMATE VENTURES ” or “ we ”), applicable to any mobile device and computer.
To use the Platform, you must indicate that you have read, accept and agree to comply with these Terms in their entirety by clicking on the button below "I declare that I have read, understood and agree with these Terms and Conditions of Use".
If you do not agree to these Terms, you may not access or use the Platform in any way. If you do not wish to continue using the Platform at any time, you can simply stop using the services.
We emphasize that these Terms may be changed at any time, through the publication of updated versions. Thus, in order to ensure the transparency and accuracy of the information contained herein, you will be notified if there is any substantial change to this Term. If you do not agree with these changes, you will no longer be able to enjoy the services made available on the Platform.
1. ABOUT THE PLATFORM
1.1. The Platform refers to the “Climate Impact Calculator” project and consists of collecting information regarding the impact produced by the solutions. By filling in data on the Platform, information is sought about the participating organization, the key sector of activity, the related impact factors, the extent of the impacted area, the types of inputs to be reduced, among other information.
1.2. By gathering such information, the Platform calculates the climate impact of each organization's solution and provides information on tons of carbon, equivalent emissions in cars, share of avoided emissions per area of impact of the initiative, etc.
2. OUR USERS: WHO CAN USE THE PLATFORM
2.1. The Platform can be used by any natural person ("USER" or "you"), within the limits established by law and in these Terms, since it does not have content subject to age group restrictions.
3. PURPOSE OF THE PLATFORM
3.1. CLIMATE VENTURES makes its Platform available for public and free use to its USERS, to enable the calculation of the climate impact of a given initiative, based on data provided by USERS.
3.2. The USER may use the Platform for the purpose listed above based on their business. Improper use of the Platform may result in the limitation or suspension of the USER's use of the Platform, as provided for in these Terms.
4. LIMITS ON POSTS ON THE PLATFORM
4.1. CLIMATE VENTURES values the free expression of USERS on the Platform, and freedom of expression, communication and expression of thought is guaranteed, safeguarding the limits provided for by law and outlined in this Item of the Terms.
4.1. USERS understand their obligation not to share, transmit or otherwise publish through the Platform any content that:
i) Is unlawful, racist, sexist, defamatory, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable or harmful;
ii) Constitute, encourage, or provide instructions for a crime, violate the rights of any party, endanger the safety of USERS, or otherwise create liability or violate any local, state, national, or international law;
iiii) May infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party;
iv) Configure advertising content containing promotions, political campaigns, advertising or solicitations;
v)Include links or files that contain or are viruses, spyware, malware or other content harmful to the Platform or USERS; or even if
vi) Restrict or inhibit any USER from using or enjoying the Platform, or that may expose CLIMATE VENTURES or its USERS to any danger or liability of any nature.
4.3. The USER also acknowledges that he/she must have the express authorization of the owners or authors to share content or make publications that are not his/her own or exclusive authorship.
4.4. The USER acknowledges that he/she is solely responsible for the content he/she posts or transmits using the Platform, and CLIMATE VENTURES has no responsibility, including prior editorial control, over the content published on the Platform.
5. SECURITY AND LIMITS ON THE USE OF THE PLATFORM
5.1. THE USER must not in any way harm the perfect functioning of the Platform, including, but not limited to:
i) The introduction of viruses, trojans, worms or any other malicious or harmful artifice;
ii) Unauthorized access to the platform or any server, computer or database related to the Platform;
iii) To take any action that imposes or may impose, in our discretion, an unjustifiable or disproportionate burden on CLIMATE VENTURES' infrastructure.
5.2. The USER also agrees not to:
i) Modify or otherwise copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or resell any information, software, products or services obtained from or through the Platform;
iii) Access, monitor or copy any content or information from the Platform using any type of bot or other automated means or any manual process for any purpose, without the express authorization of CLIMATE VENTURES to do so;
iii) Frame, mirror or otherwise incorporate any part of the Platform on any other website or application without the express authorization of CLIMATE VENTURES to do so; or
iv) Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program related to the Platform.
5.3. CLIMATE VENTURES will make its best efforts to avoid a breach of its virtual security. However, in view of the technological advancement of cyber invasions, CLIMATE VENTURES is not responsible for any losses, losses or damages resulting from the breach of our virtual security by third parties, except with regard to those arising from incidents involving the Personal Data of USERS and that result in relevant risk or damage to these holders, pursuant to the provisions of the General Data Protection Law ("LGPD" or "Law 13.709/2018").
6. PLATFORM AVAILABILITY
6.1. Access to the Platform will be available, as a rule, uninterruptedly.
6.1.1. Exceptionally, the USER acknowledges that the Platform may experience interruptions scheduled by CLIMATE VENTURES for maintenance or testing of the Platform, or even possible problems inherent to the use of technologies, software and systems.
6.1.2. Without prejudice to the above provisions, the USER also acknowledges that technical or operational failures may occur that make it difficult or impossible to use the Platform, for any reason.
6.2. In any case, CLIMATE VENTURES will not be held liable for damages caused as a result of any interruption, suspension, discontinuance or unavailability of the services of the Platform for any reason, nor in any way for any technical malfunction that may occur on the Platform. CLIMATE VENTURES will not be held liable for any direct or indirect damages that may arise due to technical defects, failures or short-term or long-term malfunctions.
6.3. Your use of the Platform may be limited or suspended in the event of misuse of the tool or violation of the law or these terms. Thus, CLIMATE VENTURES reserves the right to unilaterally cancel, suspend, deactivate, block or terminate the USER's access to the Platform, with unilateral termination of the Terms, if:
i) Any violation of current legislation, these Terms or CLIMATE VENTURES' Privacy Policy is identified from your account;
ii) The practice of fraudulent attitudes through the use of the Platform is identified, directly or indirectly;
iii) Your actions result in any direct or indirect damage to CLIMATE VENTURES, its USERS or third parties;
iv) You make use of the Platform for commercial or advertising purposes;
v) Requested to CLIMATE VENTURES by means of a request from a competent judicial or administrative authority;
vi) CLIMATE VENTURES identifies other scenarios in which, at its sole discretion, it deems it necessary to adopt these measures.
7. PROTECTION OF PERSONAL DATA
7.1. With the acceptance of these Terms by the USER, CLIMATE VENTURES may process the User's Personal Data in accordance with the provisions of its Privacy Notice, which is an integral part of these Terms and prepared in accordance with the requirements established in the current legislation.
8. INTELLECTUAL PROPERTY
8.1. Unless otherwise provided, you must assume that all information and content that is available through the Platform is protected under copyright legislation and must not be used in any way other than that set out in these Terms or without the express authorization of CLIMATE VENTURES and any other party that CLIMATE VENTURES deems necessary.
8.2. You undertake not to copy, reproduce, modify, republish, upload, publish, transmit or distribute any documents or information from the Platform in any form or by any means, without the prior authorization of CLIMATE VENTURES.
8.3. CLIMATE VENTURES trademarks may not be used commercially, in whole or in part, without prior authorization.
8.4. Any products, services, programs or technologies described on the website and on the Platform may be protected by intellectual property rights (which includes, but is not limited to, copyright, software, trademark or patent rights) owned by CLIMATE VENTURES or third parties. Any such rights that are not expressly licensed herein are reserved by CLIMATE VENTURES or their respective holders, as the case may be.
9. LIABILITY OF THE PARTIES
9.1. Under no circumstances will CLIMATE VENTURES or its directors, partners, employees or agents be liable for any damages, indirect or unforeseen, or for any other damages of any kind, arising out of or in any way linked to the use or inability to use or view the Platform, the services, the products, the content of USERS or other materials on the Platform, or by the improper and/or intentional use by third parties of the content published on the Platform by USERS.
9.2. No responsibility of any kind, whether for accessibility, veracity, legality of the content or any other, may be imputed to CLIMATE VENTURES when the USER, through the Platform, enters websites or links owned, managed and/or controlled by third parties.
9.3. Any and all material, data or information, included by the USER in the Platform will be their full and total responsibility, being exclusively liable for any damages that are caused to third parties or to CLIMATE VENTURES.
10. GENERAL PROVISIONS AND ACCEPTANCE OF TERMS
10.1. At any time, new tools, services and activities may be added to the Platform, as well as existing ones, without any prior notice to the USER. Any and all new tools or activities included in CLIMATE VENTURES will automatically be bound by and subordinated to these Terms.
10.2. If any of the conditions of these Terms is considered invalid, illegal or unenforceable, the provision in question will be complied with to the maximum extent permitted by applicable law, and the validity, legality and enforceability of the other conditions will not be affected.
10.3. Any concession or tolerance for non-compliance with any obligation related to these Terms will be considered mere liberality, not constituting novation, invokable precedent, tacit amendment of the Terms, waiver of rights or acquired right of the USER of the Platform.
10.4. If you have any questions regarding the interpretation and scope of these Terms, you can contact us by e-mail contato@aondaverde.com.br.
10.5 By using the Platform you represent, warrant and agree that your access and use do not violate any applicable law or regulation.