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Terms & Conditions

The website (including any materials made available on or from the website) available at www.mecla.org.au (the Website) are governed by these Website Terms & Conditions.  The Website is operated by Climate‑KIC Australia Ltd ABN 95 616 047 744 (“Climate‑KIC).  Climate‑KIC is registered as a charity with the Australian Charities and Not‑for‑profits Commission.  In these Terms & Conditions, ‘MECLA, ‘us’, ‘we’ and ‘our’ means Climate‑KIC and any related bodies corporate.

Acceptance of Terms & Conditions

By accessing or using the Website you agree to be bound by these Terms & Conditions as they exist at that time, as well as our Privacy Policy, Acceptable Use Policy and Cookies Policy.  The date of these terms is set out below.  To the extent of any inconsistency between these Terms & Conditions and the Website Policies, these Terms & Conditions will prevail.  If you do not agree with these Terms & Conditions or our Website Policies (including any amendments to these terms and our Website Policies) you must immediately cease using the Website.

We may amend these Terms & Conditions and our Website Policies from time to time.  You should check this page and our Website Policies from time to time for changes.  Your continued access to and use of the Website constitutes your acceptance of any revisions or changes to these Terms & Conditions and our Website Policies.

Your Use of the Website

You agree to only use the Website in accordance with these Terms & Conditions, our Website Policies and applicable laws.

If you have a password or any other information as part of our security procedures, you must treat that information as confidential and must not disclose it to anyone. 

Uploading Content to the Website

Where we invite you to do so, you may submit content to us for the purposes of inclusion on the Website and we may publish such content at our sole discretion. 

If you submit content to us for inclusion on the Website, you must comply with these Terms & Conditions, the standards set out in the Acceptable Use Policy and any other terms notified by us. 

We may (but have no obligation to you to) monitor, moderate or exercise editorial control over any content you submit to the Website. We may (at our sole discretion and without liability to you) edit, remove from the Website, or elect to not publish content on the Website if, in our opinion, that content is or may potentially be:

  • incompatible with any of our policies;
  • inaccurate, misleading, false or deceptive or otherwise contrary to law or regulation;
  • defamatory, disopriate, off topic or vexatious;
  • spam, promotes a product or commercial service, or solicits business; or
  • breaching confidentiality, privacy or third party rights.

You should not include any personal information such as your name in content you submit to the Website if you do not want it to appear on the Website.  If you do include personal information in content you submit to the Website, you consent to it being published on the Website. However, we may edit the content as we see fit to remove or limit the personal information published.

Intellectual property rights

General information, content and materials

We own or license all of the intellectual property rights in the materials, information, resources and content made available on or from this Website, including without limitation text, graphics, logos, icons, images, video and audio clips, designs, interfaces, and the layout of the Website. This content is protected by copyright laws in Australia and overseas.

Unless expressly set out otherwise, you may access, download, print and distribute (whether in whole or in part) content from this Website for your own non‑commercial or internal business purposes only.  You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of any part of the content on this Website (other than user content you uploaded to the Website) without our prior written content.

Where you upload or provide information to us via the Website, you warrant that you are the owner of the materials you upload (or that you are otherwise authorised by the owner to upload those materials).

By submitting content to the Website, you grant us a non-exclusive worldwide, royalty‑free, perpetual licence to use, reproduce, communicate, modify and otherwise exploit your content (and to sub‑license others to do so), in any form or on any medium and for any purpose, including but not limited to:

  • posting your content on the Website and on our social media pages; and
  • using your content in promotions and marketing.

You also consent to us (and our successors, assigns and licensees) doing or omitting to do anything with content you upload to the Website that, but for this consent, would constitute an infringement of your moral rights (as defined in the Australian Copyright Act 1968 (Cth) and equivalent legislation in other jurisdictions).  This includes reproducing, publishing, performing, transmitting, exhibiting, adapting, altering or in any way changing or using the content in any way that we see fit.

We reserve the right to review, edit, move or delete any material, resources or content displayed on or through the Website at any time without notice and without liability.

MECLA Resources

You may use, publish, communicate to the public, distribute to third parties, or make any other copy of the MECLA resources made available on or from the ‘Resources’ section of the Website (whether in whole or in part) subject to the following conditions :

  • your use of the MECLA Resources does not damage our brand or reputation, and is not misleading, false or deceptive;
  • you accurately attribute MECLA as the author of the MECLA Resources and
  • each time you make the MECLA Resources available to third parties, you must licence the whole or the relevant part of the MECLA Resources on these terms.  You may not impose any additional terms.

Trade Marks

You must not remove any copyright or trade mark notices from any materials included in the Website.  The Website includes trade marks which are protected by law. You may not use our trade marks without our prior written consent, except to legitimately identify any materials, resources or content prepared by us.  You may not use any other trade marks that appear on the Website without the consent of the trade mark owner.

Security

The transmission of information over the Internet is not completely secure or error free. In particular, emails or other communications to or from us and information submitted to or accessed via this Website may not be secure and you should use discretion in deciding what information you send to us via these means.

Emails or other communications to or from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

Reliance

The Website is provided “as is” and is for general information purposes only.  We do not warrant the accuracy or completeness of any of the information contained on the Website.  The Website does not purport to provide comprehesive technical, legal or other advice and should not be relied upon as such.  The Website is intended to give an indication of issues upon which you may need advice.  You should always obtain full technical, legal or other advice based on your specific circumstances from a qualified professional before taking any action relating to matters covered or referred to on the Website.  Some materials, information or resources may have been obtained from external sources, and we cannot guarantee the accuracy or currency of any such information.

Any opinions expressed on the Website do not necessarily represent the views of MECLA, MECLA’s partner organisations, and MECLA’s or our partner organisations’ directors, officers, employees and agents. 

Liability

To the maximum extent permitted by law, we and each of our directors, officers, employees and agents, as well as our partner organisations, exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of business, loss of data, loss of opportunity or loss of goodwill or reputation) which you or any third party suffers whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise as a result of or in connection with your use of the Website or any materials, information, resources or content available on or from the Website and you release the released parties from all such claims and liability.

To the fullest extent permitted by law, MECLA excludes all warranties, representations, implied terms and guarantees that may apply to our Website, including its currency, accuracy, suitability, functionality or reliability. Without limitation, MECLA does not warrant that:

(a)                 the Website or any of its functions will be uninterrupted or error free;

(b)                 defects will be corrected; or

(c)                 the Website or any server that makes it available is free of errors, viruses or malicious code.

By submitting content to the Website, you indemnify and shall keep indemnified those indemnified from and against all liability those indemnified may suffer or incur arising from any claims against us by third parties in connection with the content you submit to us (including that any such content breaches privacy, confidentiality, intellectual property rights or any law).  In this section, “those indemnified” means us, our partner organisations, and each of MECLA’s and our partner organisations’ directors, officers, employees and agents.

Linking and framing

The Website may contain links to other sites and may display content, information or resources from other sites within frames on this Website. The use of links to other sites or the display of third party content, information or resources is not an approval or endorsement by us of those sites or information.  We are not responsible or liable for third party content, information or resources, and do not warrant the accuracy, completeness, currency or suitability of that information for any purpose.

You may link to our Website provided you do so in a way that accurately indicates that the link is to the Website, does not damage our brand and reputation, and is not misleading (e.g. by suggesting any form of association, approval or endorsement by MECLA where none exists).

Use of electronic addresses

We may publish electronic addresses of MECLA’s or our partner organisations’ employees, officers and agents on this Website for business purposes only. The publication of those electronic addresses should not be taken as consent by such employees, officers and agents to receiving unsolicited commercial electronic messages not directly related to MECLA.

Termination or suspension of Website

The Website is made available by us free of charge.  We have the right to terminate or suspend the operation of or your access to the Website (including in part) for any reason without notice and without liability.  We may (without limitation) suspend the Website to conduct maintenance or implement updates.

Monitoring by MECLA

You acknowledge that MECLA has no obligation to monitor your use of the Website, but it has the right to do so at any time for its own business purposes, including as required to determine your compliance with these Terms & Conditions, our Website Policies or to implement updates.

Privacy

Any personal information we collect about you via this Website or otherwise will be dealt with in accordance with our Privacy Policy, www.mecla.org.au/privacy-policy/.

We may use cookies and other technologies to identify your computer on our server and so we can track your use of this Website. In some instances cookies or other technologies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.  Our Cookies Policy sets out further information about the cookies we use on our Website.

Entire agreement

These Terms & Conditions and our Website Policies constitute the entire agreement between us and you with respect to the Website.

No waiver

If we do not take action in relation to a particular breach of these Terms & Conditions or our Website Policies, this will not be treated as a waiver by MECLA of any right or remedy in respect of any existing or future breach of these terms or our Website Policies.

Governing law

These Terms & Conditions and our Website Policies will be governed by the laws of New South Wales, Australia and you unconditionally submit to the non‑exclusive jurisdiction of the courts having jurisdiction there.

If any provision of these Terms & Conditions or our Website Policies is found to be invalid or unenforceable, the provision will be deemed severed from the Terms & Conditions or our Website Policies (as applicable) and the remainder of the terms will continue in full force and effect.

Although the Website may be accessed outside of Australia, we make no representation that the content of the Website complies with the laws of any other country. If you access the Website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on Website content.

Contact details

Materials and Embodied Carbon Leaders’ Alliance

c/o Climate‑KIC Australia

Building 10, Level 10

235 Jones Street

Ultimo  NSW  2007

Australia

Email: info@mecla.org.au

Last Updated: 30/06/2022