These terms and conditions (Terms) apply to your use of the website operated by Climate Friendly Pty Ltd (ACN 107 201 025) and Climate Friendly Financial Solutions Pty Limited (ACN 161 023 276) and its related entities (Climate Friendly) at www.climatefriendly.com.  

By using this website, you accept these Terms in full. If you do not agree to these Terms or any part of these Terms, you must not use this website. We may amend these terms at any time without notice.

Introduction

This website uses cookies. By using this website and agreeing to these Terms, you consent to Climate Friendly’s use of cookies in accordance with the Terms of Climate Friendly’s privacy policy.

Licence

Unless otherwise stated, Climate Friendly and/or its licensors own the intellectual property rights in the website and material (including trade marks and content) appearing on the website. Subject to the license below, all these intellectual property rights are reserved. Climate Friendly grants you a licence to view, download for caching purposes only, and print pages from the website for your own personal, non-commercial use, subject to the restrictions set out below and elsewhere in these Terms.  Without the express written permission of Climate Friendly, you must not (and must not attempt to):

• republish material from this website (including republication on another website);
• sell, rent, lease, sub-license, assign, exchange or otherwise transfer material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose, edit or otherwise modify any material on the website;
• redistribute material from this website except for content specifically and expressly made available for redistribution; or
• remove, obscure, obstruct, tamper with, or alter any copyright marks, trade marks or other proprietary marks on the website or any material on the website.

Acceptable use

Without limiting any other part of these Terms, you must not use (or attempt to use) this website:

• in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website;
• in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• to copy, store, host, transmit, send, use, publish or distribute any material which:
  
  • consists of (or is linked to) any spyware, computer virus, harmful code, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • is, in the sole view of Climate Friendly, false, inaccurate, defamatory, offensive, inflammatory, obscene, abusive, indecent, threatening, racist, abusive, harassing,  invasive of a person’s privacy, or is otherwise unlawful;
  • is unsolicited commercial communications, advertising, spam, the promotion of gambling or the promotion of your own site, business or organisation;
  • infringes a person’s copyright or other intellectual property rights;
  • may cause Climate Friendly, our clients or suppliers or other user of this website to incur any liability to a third party;
• conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Climate Friendly’s express written consent;
• to impersonate any person or entity or to misrepresent your identity in any way; or 
• without limiting any of the forgoing, for any purposes related to marketing or a commercial purpose, including in order to commercialise any information or products, without Climate Friendly’s express written consent.

Confidentiality

If you access any confidential information using the website, you must keep this confidential information confidential, and not disclose such confidential information to any person.

Restricted access

Access to certain areas of this website is restricted. Climate Friendly reserves the right to restrict access to areas of this website, or indeed this entire website, at Climate Friendly’s discretion. If Climate Friendly provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Climate Friendly may disable your user ID and password in sole discretion without notice or explanation.

User content

In these Terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Climate Friendly a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, communicate, adapt, edit, modify, create derivative works, publish, translate and distribute your user content in any existing or future media. You also grant to Climate Friendly the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights (including intellectual property rights), and must not be capable of giving rise to legal action whether against you or Climate Friendly or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Climate Friendly reserves the right to adapt, edit, modify or remove your user content or any material submitted to this website, or stored on Climate Friendly servers, or hosted or published upon this website.

Third party links

This website contains links to other websites operated by third parties. Those links are provided for convenience only, and should not be construed as any endorsement, approval or recommendation by Climate Friendly or any other associated body or organisation. If you visit a third party website, it will be governed by their terms of use. Climate Friendly makes no representations or warranties and is not responsible for any third party websites.

AFS information

Climate Friendly Pty Ltd (ABN 65 107 201 025; AR No. 433694) is an authorised representative of Climate Friendly Financial Solutions Pty Limited (ABN 91 161 023 276; AFSL 430250). The information on this website should not be construed as a solicitation or offer to buy or sell any financial products. Climate Friendly is authorised to provide general financial advice to wholesale clients only, and the information on this website has been prepared without taking into account any particular person’s objectives, financial situation or needs. You should seek your own professional advice as to the appropriateness of any financial product for your circumstances and before acting on the information contained on this website. Any information relating to the past performance of a financial product is not an indication of future performance of that product and Climate Friendly does not seek to provide or imply any opinion or recommendation on market conditions or future financial performance.

No warranties

This website is provided by Climate Friendly in good faith and on an “as is” without any representations or warranties, express or implied. To the maximum extent permitted by law, Climate Friendly makes no representations or warranties in relation to this website or the accuracy, completeness or reliability of information and materials provided on this website, whether prepared by Climate Friendly or a third party. Without prejudice to the generality of the foregoing paragraph, Climate Friendly does not warrant or guarantee that:

• this website will be constantly available, or available at all;
• your use of this website will be continuous, uninterrupted, secure or error-free; or
• the information on this website is complete, true, accurate or non-misleading.

Information available on this website is general in nature. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Climate Friendly will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Climate Friendly has been expressly advised of the potential loss.

Exceptions

Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these Terms will exclude or limit Climate Friendly liability in respect of any:

• death or personal injury caused by Climate Friendly negligence;
• fraud or fraudulent misrepresentation on the part of Climate Friendly; or
• matter which it would be illegal or unlawful for Climate Friendly to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Climate Friendly has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Climate Friendly’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms will protect Climate Friendly’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Climate Friendly.

Unenforceable provisions

If any provision of these Terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms.

Indemnity

You agree to indemnify Climate Friendly and undertake to keep Climate Friendly indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Climate Friendly to a third party in settlement of a claim or dispute on the advice of Climate Friendly’s legal advisers) incurred or suffered by Climate Friendly arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

Breaches of these Terms

Without prejudice to Climate Friendly’s other rights under these Terms, if you breach these Terms in any way, Climate Friendly may take such action as Climate Friendly deems appropriate to deal with the breach, including asking you to cease any conduct, suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Climate Friendly may revise these Terms from time-to-time. Revised Terms will apply to the use of this website from the date of the publication of the revised Terms on this website. Please check this page regularly to ensure you are familiar with the current version

Assignment

Climate Friendly may transfer, sub-contract or otherwise deal with Climate Friendly’s rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.

Waiver

Climate Friendly do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising a right, power or remedy.

Severability

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These Terms constitute the entire agreement between you and Climate Friendly in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Survival

Any provision of these Terms which by its nature is intended to survive termination, suspension or discontinuation of your use of this website (including but not limited to the provisions entitled ‘Licence’, ‘Confidentiality’, ‘User content’, ‘Indemnity’, and ‘Limitations of liability’) will survive termination, suspension or discontinuation of your use of this website.  

Law and jurisdiction

These Terms will be governed by and construed in accordance with Australian Law, and any disputes relating to these Terms will be subject to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.