PLEASE READ THESE TERMS AND CONDITIONS FOR THE USE OF THIS WEBSITE AND PARTICIPATION IN THE DATA FOR CLIMATE ACTION CHALLENGE (“T&C”) CAREFULLY. BY VIEWING OR OTHERWISE USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE T&C.
The Data for Climate Action Challenge (“D4CA or Challenge”) is a platform for connecting interested private sector stakeholders and the data science research community so that they may jointly demonstrate how data-driven innovation could transform society’s approaches climate change.
Description of these Terms & Conditions (“T&C”).
Participation and Participants.
Evaluation and Selection of Research Proposals and Research Outcomes.
Resource Contributors’ Commitments.
Confidentiality, Personal Data, Voluntary & Pro Bono Nature of Submission and Research Outcome.
Ownership and Intellectual Property Rights.
Use of the Names, Emblems and Logos and Acknowledgement.
Relationship between Researchers and Resource Contributors.
Limitation of Liability & Indemnity.
Privileges and Immunities.
Settlement of Disputes.
Changes to T&C & Notice.
Termination of T&C.
- Description of these Terms & Conditions (“T&C”). Based on these T&C, viewing or otherwise using www.dataforclimateaction.org (“Website”), including submission of any information using forms located on the Website, constitutes a legally binding contract between you and the United Nations, represented by the Global Pulse office of the Executive Office of the Secretary-General (hereinafter “Global Pulse”).
- Viewing or otherwise using this Website makes you a User and such action signifies that you have read, understood and agreed to be bound by the T&C.
- Submission of any information through this Website for the purposes of the Challenge, including registration information, Research Proposal as defined in paragraph 9, and Resource Contribution Description as defined in paragraph 9, constitutes a Submission.
- Making a Submission through this Website makes you a Participant as also defined in paragraph 8 below, and such action signifies that you have read, understood and agreed to be bound by the T&C. All Participants are also Users.
- No partnership between Users or Participants, on one hand, and the United Nations, on the other hand, is created as a result of this Challenge. Participation in the Challenge does not create any exclusive relationship with the United Nations.
- Users warrant they have the legal capacity to accept the T&C.
- Unless the context otherwise clearly indicates, all references to the singular herein shall include the plural and vice versa
- Participation and Participants. The Challenge is a platform for connecting the following Participants: a) an individual researcher or groups of researchers who submitted their research proposals to the Challenge using this Website (Researchers) and b) entities that submitted their commitments to contribute Data such as mobile phone data, transaction data, traffic data, etc. (Data Contributors) or Technology such as software, storage, computing power, etc. (Technology Contributors) (Collectively referred to as Resource Contributors).
- Submissions. To become a Participant, Users must make a Submission to this Website as mentioned in paragraph 3. Resource Contributors’ Submissions shall include description of Data and/or Technology (Resource Contribution Description). Researchers’ Submissions shall include proposals for data research and the designation of Resource Contributors’ Data and/or Technology to which they would like to have access (Research Proposal).
- Evaluation and Selection of Research Proposals and Research Outcomes. Research Proposals will be evaluated by Resource Contributors in consultation with Global Pulse. Researchers whose Research Proposals have been selected for collaboration with Resource Contributors (“Selected Researchers”) will be notified and introduced to relevant Resource Contributors to gain access to Data and/or Technology and use it for the purposes of implementing their Submissions.
- Selected Researchers and Resource Contributors will submit the conclusions and products of their research or collaboration conducted in connection with or as a result of implementation of their Submissions (“Research Outcomes”) to Global Pulse, which in turn will forward the Research Outcomes to the Evaluation Committee. Resource Contributors may, at their sole discretion, decide to end the research at any stage and upon written request by the relevant Resource Contributor, Global Pulse and the Selected Researchers will refrain from any publication of the Research Outcomes.
- Research Outcomes, as defined above, will be evaluated by and at the sole discretion of an independent group of evaluators (the “Evaluation Committee”). The Evaluation Committee will be selected by a diverse team of experts from various fields relevant to Data and Climate research (“Strategic Advisors”), in consultation with Global Pulse. Resource Contributors
- Criteria for evaluation of both Research Proposals and Research Outcomes have been determined by the Resource Contributors and the Evaluation Committee in consultation will Global Pulse and are posted online at DataForClimateActionChallenge.org/FAQs.
- Any public acknowledgment in connection with the Challenge, including public acknowledgement of Research Outcomes, will be made at the sole discretion of Global Pulse, subject to these T&C.
- Resource Contributors’ Commitments. By making a Submission, Resource Contributors commit and agree to use their best efforts to provide access to Data and/or Technology, at their own discretion and in compliance with the T&C and any applicable laws, directly to Researchers selected in accordance with the T&C.
- Resource Contributors shall not submit their Data and/or Technology to Global Pulse, which shall not have access to or control over the use of Data or Technology in connection with or as a result of the Challenge.
- By participating in the Challenge, Participants, represent that a) they are the owners of their Submission; b) they have the legal capacity to participate in the Challenge; and c) they have all skills and expertise necessary to participate in the Challenge. Additionally, Researchers represent that their Research Proposal and the Research Outcomes have not been published or are not pending review for publication elsewhere; and that they will not submit the Submissions for such review without prior approval from the UN.
- Participants represent and warrant that the Submission and participation in the Challenge (including implementation of their Submission) shall not, without limitation (a) violate any applicable laws or regulations, including privacy laws, as well as the highest standards of moral and ethical conduct; (b) constitute an infringement, misappropriation or violation of the intellectual property rights or other rights of any third party; (c) be false, misleading, or inaccurate; or (d) be junk mail, spam, a disruptive commercial message or disruptive advertisement.
- Participants shall be responsible for obtaining, at their own cost, all licenses, permits and authorizations necessary for the performance of their obligations under these T&C.
- Confidentiality, Personal Data, Voluntary & Pro Bono Nature of Submission and Research Outcome. Participants understand and agree that Submission to this Website (including contribution of any personal data and proprietary information) is entirely voluntary and gratuitous and that no compensation is due to Participants or anyone else for any unintentional or intentional use of Submissions, Research Outcomes, Research Outcomes derived from Submissions or Research Outcomes.
- Resource Contributors understand and agree that the Resource Contribution Descriptions shall be publicly available and accessible and shall be treated as publicly available documents at all times.
- Participants understand and agree that any personal data, such as registration information about Participants provided at the time of Submission, shall be treated as publicly available (i.e., non-confidential) information. Participants shall not submit any other personal data to Global Pulse. Global Pulse will use the information submitted to the Challenge only for the purposes of the Challenge.
- Ownership and Intellectual Property Rights. All information disclosed by Participants or Global Pulse hereunder, and all intellectual property rights created by either the Participants or Global Pulse, independently of and prior to the Challenge, shall remain the exclusive property of such disclosing or creating party.
- Participants hereby represent that they are the owners of their Submissions and Research Outcomes, where applicable. In instances where the Participants have used a third party’s concept or product, the Participants shall attribute the work or credit it in the manner required by the attributed work’s author or licensor.
- Resource Contributors and Selected Researchers submitting Research Outcomes agree that at the time of their submission, the intellectual property rights over the Research Outcomes shall belong to the submitting Selected Researcher. If the Selected Researchers wish to subsequently transfer their intellectual property rights in the Research Outcomes they may do so subject to paragraph 26(a) below.
- a) Participants grant to the United Nations a royalty-free, world-wide, perpetual, non-exclusive and irrevocable license to use their Resource Contribution Description and Research Outcomes for the purposes of and in connection with the Challenge, including the license to disseminate, reproduce and publish such Submissions and Research Outcomes, in whole or in part. Should the Selected Researchers assign, transfer or otherwise change their intellectual property rights in and to the Research Outcomes, including by assigning, or transferring such rights to third parties at any time after submission, the Selected Researchers must notify Global Pulse in writing of the disposition in the Research Outcomes and notify the third party to whom the intellectual property rights are being assigned or otherwise transferred that the intellectual property rights to the Research Outcomes are encumbered by this license.b) Notwithstanding 26 (a) above, Global Pulse shall consult [notify] with the relevant Selected Researchers prior to publishing their Research Outcomes and shall not publish such Research Outcomes without permission of the relevant Resource Contributor.
- Participants acknowledge that Global Pulse may review or accept for submission similar Research Proposals or Research Outcomes from multiple Participants.
- Use of the Names, Emblems and Logos and Acknowledgement. Users may not use the name, acronym, emblem, or official seal of the United Nations, or Global Pulse without the prior written permission of the UN, to be provided at the sole discretion of the United Nations in each instance.
- Global Pulse may acknowledge and publish, at its sole discretion, the names of Participants, strictly for the purposes of and in connection with Participants’ participation in this Challenge.
- Relationship between Researchers and Resource Contributors. Users acknowledge that Global Pulse has no control over any interactions between Resource Contributors and Selected Researchers in connection with or as a result of the Challenge, including with regard to the implementation of Submissions through the use of Data and Technology.
- Researchers understand that Resource Contributors may, at their own discretion, require Selected Researchers to sign additional agreements and follow Resource Contributors’ security protocols for the use of Data or Technology. Participants understand and agree that Global Pulse is not responsible for any such additional terms and agreements.
- Limitation of Liability & Indemnity. Users are responsible for their actions, including the content of their Submissions and Research Outcomes, where applicable.
- Users hereby irrevocably release and forever discharge the United Nations and its officials, agents, and employees, from and against all suits, proceedings, claims, and demands, which Users now have or hereafter may have against the United Nations, including its subsidiary organs, in connection with or as a result of the Users’, or Participants’ use of the Website, or participation in the Challenge. Global Pulse shall under no circumstance be liable to any Users for any loss, direct, indirect, incidental, special or consequential damage, liability or expense incurred or suffered that is claimed to have resulted from or in connection with the Challenge, including without limitation to how Global Pulse, other Users, Participants or their respective successors and assigns, or a third party directly or indirectly uses Submissions and/or Research Outcomes.
- Users agree to indemnify, defend, and hold and save harmless the United Nations and its officials, agents, and employees, from and against all suits, proceedings, claims, and demands brought against the United Nations, including by any third party, based on, or arising out of a) their Submission and/or Research Outcome, including any third party claims or allegations that the UN’s use or possession of their Submission and/or Research Outcomes, any copyrighted material or any activities undertaken in connection with or as a result of the Participant’s participation in the Challenge, in whole or in part, constitutes an infringement of third parties’ intellectual property rights; b) the acts or omissions of the Users, as applicable, in connection with the User’s participation in the Challenge not authorized by or in breach of the T&C; or c) violation of privacy in connection with Participant’s use of Data and Technology.
- Disclaimer. Users agree that any reliance upon Submissions or Research Outcomes, shall be at Users sole risk.
- Participants understand that Submissions and/or Research Outcomes are not endorsed by Global Pulse. Global Pulse is not responsible or liable for the content of any Submission or Research Outcomes.
- This Website may also contain links and references to third-party web sites. The linked websites are not under the control of Global Pulse and Global Pulse is not responsible for the content of any linked website or any link contained in a linked website. Global Pulse provides these links only as a convenience, and the inclusion of a link or reference does not imply the endorsement of the linked site by Global Pulse.
- Global Pulse has no obligation, either express or implied, to develop or use Submissions or Research Outcomes
- Global Pulse retains the right to review, edit or delete in its sole discretion from the Website any Submissions or Research Outcomes.
- Privileges and Immunities. Nothing in or relating to participating in the Challenge or using the Website shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs.
- Settlement of Disputes. The Parties (User, or Participant, on one hand, and Global Pulse on the other hand) shall use their best efforts to amicably settle any dispute, controversy, or claim arising out of the Agreement or the breach, termination, or invalidity thereof.
- Any dispute, controversy, or claim between the User and the UN arising out of the T&C or the breach, termination, or invalidity thereof, unless settled amicably under paragraph 41 above, within sixty (60) days after receipt by one Party of the other Party’s written request for such amicable settlement, shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining. The decisions of the arbitral tribunal shall be based on general principles of international commercial law. The arbitral tribunal shall be empowered to order the return or destruction of goods or any property, whether tangible or intangible, or of any confidential information provided under the Agreement, order the termination of the Agreement, or order that any other protective measures be taken with respect to the goods, services or any other property, whether tangible or intangible, or of any confidential information provided under the Agreement, as appropriate, all in accordance with the authority of the arbitral tribunal pursuant to Article 26 (“Interim measures”) and Article 34 (“Form and effect of the award”) of the UNCITRAL Arbitration Rules. The arbitral tribunal shall have no authority to award punitive damages. In addition, unless otherwise expressly provided in the Agreement, the arbitral tribunal shall have no authority to award interest in excess of the London Inter-Bank Offered Rate (“LIBOR”) then prevailing, and any such interest shall be simple interest only. The “place of Arbitration”, within the meaning of the UNCITRAL Arbitration Rules, shall be New York City, provided that, in light of the privileges and immunities of the United Nations, such reference to the “place of Arbitration” shall connote only the physical place of the arbitral proceedings and not the jurisdictional seat of the arbitration. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute, controversy, or claim.
- Changes to T&C & Notice. Global Pulse reserves the right to change any provisions of these T&C at any time at its sole discretion without prior notification to the Users. Global Pulse will notify Participants of any changes to these T&C through contact details provided by Participants at the time of Submission. Users should frequently review these T&C on the Website. In a case where Participants provided a notice for termination as detailed in paragraph 45 below, the version of the T&C that was in effect at the time such Notice was submitted shall apply.
- Termination of T&C. Participants or Global Pulse may terminate the Agreement for any reason by providing written notice thirty (30) days in advance to the other Party.
- User’s access to, and use of, the Website may be terminated by the User or by Global Pulse at any time and for any reason.
- The Ownership and Intellectual Property Rights, Use of the Names, Emblems, Logos and Acknowledgement, Relationship between Researchers and Resource Contributors, Evaluation of Research Proposals and Research Outcomes, Limitation of Liability & Indemnity, Disclaimer, Privileges and Immunities, and Settlement of Disputes provisions shall survive any termination.