Terms and Conditions - Company survey on renewable energy for heating and cooling operations

Abu Dhabi, UAE
These terms and conditions shall apply to your participation in the “Company Survey on Renewable Energy Use for Heating and Cooling Operations” (hereinafter “the Survey”), which shall include your completion and submission of the Survey to 

the International Renewable Energy Agency (“IRENA”), the global intergovernmental organisation mandated to promote the widespread and increased adoption and sustainable use of all forms of renewable energy and to support countries in their transition to a sustainable energy future (“IRENA”) 

and 

the Climate Change Organisation, trading as the Climate Group, a limited company that works to drive climate action with a goal to achieve a world of net zero carbon emissions by 2050 with greater prosperity for all, incorporated in England with registration number 4964424 and a registered charity with registration number 1102908 (the “Climate Group”).

IRENA and the Climate Group are each referred to as a “Recipient” and collectively as the “Recipients”.
 
The purpose of the Survey is to assess how companies are using renewables in their heating and cooling operations. The survey has been developed jointly by IRENA and the Climate Group.  

By participating in the Survey, you agree to the terms and conditions set forth herein. 

1. The relationship between the Recipients

1.1 IRENA and the Climate Group are two distinct and separate entities. The Recipients’ joint access to the information submitted in relation to and through the Survey shall not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between IRENA and the Climate Group, or to impose any partnership obligation or partnership liability upon either Recipient. Neither Recipient shall have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Recipient.
1.2 Each Recipient shall independently have access to the information provided in and through the Survey. Each Recipient will process any such information for their own purposes and pursuant to the relevant regulations, rules and procedures applicable to them. Each Recipient shall be responsible for the collection and the use of such information in accordance with such regulations, rules and procedures and the terms and conditions set out below. 

 

2. Eligibility and Provision of Information

2.1 This Survey is only open to companies’ representatives, including employees authorised to submit Survey responses on behalf of their company. You will be requested to provide the name of your company and your contact information. Your name and contact information shall be used by the Recipients solely for administrative purposes and shall not be shared publicly. 
2.2 You understand that any information you provide in the course of accessing or participating in the Survey is subject to these terms and conditions. 
2.3 Participation in the Survey is voluntary. For those questions marked as compulsory to complete the Survey, failure to respond to these may mean that you are not able to submit the Survey.
2.4 All information provided in response to questions in the Survey will be aggregated with information provided by other participants in the Survey (hereinafter “Respondents”). This aggregated information will be included and used in such a way so that personal data of Respondents and, where applicable, the company on behalf of which they act shall not be disclosed. Each Recipient reserves its right to communicate with you using your contact details, including to seek permission to pass on your information in a way which would allow you and/or your company to be identified. Information provided by you in the context of the Survey may also be disclosed if required by applicable laws and regulations and/or requests under legal process.
2.5 In participating in the Survey, you agree to grant to each Recipient an irrevocable, perpetual, worldwide and royalty-free license to use the information you provide subject to the conditions specified herein.

 

3. Disclaimer of liability

3.1 Neither Recipient, nor their respective members, constituting and/or governing bodies or personnel shall assume responsibility for the information provided by Respondents. 
3.2 Each Recipient reserves its right in its sole discretion, without notice, explanation or liability, to cancel, terminate,  discontinue and/or modify its role and participation in the Survey provided that such cancellation, termination discontinuation and or modification shall not affect the right of the other Recipient to continue to collect and/or use the Survey information. Each Recipient shall have the right to use part or all of the information provided by Respondents as it deems appropriate for the purpose of producing analytical products (including, but not limited to, reports, briefs and infographics, etc.) provided that the use of such information is consistent with the purposes of the Survey and the terms and conditions herein. 
3.3 The Recipients may jointly decide to modify in any way part or all of the Survey at any time or exclude any Respondent from participation in the Survey if it is believed that it does not comply with these terms and conditions.  
3.4 By participating in the  Survey, you accept that neither IRENA, nor its Members and personnel   shall, under any circumstances, be responsible or liable to you for any kind of loss, damage, liability or expense incurred or suffered (including all loss of profit, loss of use, loss of revenue, loss of contracts, increased costs and expenses and all special, indirect and consequential losses) which is claimed to result from your participation in the Survey. 
3.5 Neither IRENA, its Members and/or personnel nor the Climate Group make any warranty as to the accuracy or reliability of any information obtained through the Survey or of the Survey’s results. 
IRENA will make its best efforts to protect the confidentiality of Respondents’ private information and personal data. However, IRENA does not warrant the confidentiality or security of such information. In addition, neither IRENA nor its Members and/or personnel shall under any circumstances be held responsible or liable for any breach of confidentiality and/or security.
3.6 The Climate Group will process any personal data it receives in relation to the Survey in accordance with its privacy policy which can be found on its website.   

 

4. Settlement of Disputes

4.1 Each Recipient shall be responsible and liable for its own actions for the collection and the use of the information. 
4.2 Any dispute, controversy or claim that arises between the Respondents and IRENA in connection with their participation in the Survey, unless settled amicably, shall be referred to arbitration in accordance with the United Nations Commission on International Trade Law (UNCITRAL) arbitration rules then obtaining. The decisions of the arbitration tribunal shall be based on the general principles of law to the exclusion of any national laws. The arbitration tribunal shall not have the authority to award punitive damages. The arbitration shall be conducted in the English language. The venue of the arbitration shall be in Abu Dhabi, United Arab Emirates. 
4.3 Any dispute, controversy or claim that arises between the Respondents and the Climate Group shall be subject to the exclusive law and jurisdiction of the English courts.

 

5. Privileges and immunities

5.1 IRENA is an international organisation which is entitled to privileges and immunities under international and domestic law. None of the provisions of these terms and conditions shall be construed as constituting a waiver, express or implied, of IRENA's privileges and immunities.

 

6. Modification of the Terms and Conditions

6.1 IRENA and the Climate Group may jointly modify these terms and conditions governing the Survey at any time. Such modifications shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the IRENA and/or Climate Group webpage on which they are hosted. Participation in the Survey after such modification shall be deemed to constitute acceptance by you of the terms and conditions existing at that time, including any modifications.

 

7. Use of the IRENA or Climate Group Logo

7.1 Unless expressly authorized in writing by IRENA or by the Climate Group, as applicable, you shall not, in any manner whatsoever, use the name, emblem or official seal of IRENA or the Climate Group, or any abbreviation thereof, in connection with your business or otherwise.

 

8. IRENA Information

International Renewable Energy Agency (IRENA) Headquarters
Masdar City
PO Box 236 
Abu Dhabi, United Arab Emirates 
Tel: +971 2 417 9000
Email: coalition@irena.org

 

9. Climate Group Information

The Climate Group 
Adam House, 
7-10 Adam Street, 
London WC2N 6AA, 
United Kingdom.
Email: ep100@climategroup.org