Effective date: 8th April 2024
Welcome to the Oil and Gas Decarbonization Charter (“OGDC”) website (the “Site”). Our Terms of Use (“Terms”) is a legal agreement between you, a user of the site, and OGDC, supported by the Oil and Gas Climate Initiative (“OGCI”) and its members, group companies and subsidiaries, including but not limited to OGCI Climate Investments LLP (“CI”), that governs your use of the Site, which includes all webpages, information, audio, video, photos, logos, graphics, text or other materials of any nature whatsoever that are available in connection therewith. Your access to the Site is conditioned upon your acceptance of these Terms which you should read carefully. If you do not agree with our Terms, you should not access or use the Site. By using the Site, you confirm that you accept these Terms and that you agree to comply with them. If you have any questions, please contact us at contact@ogdc.org.
CI operates its own website: climateinvestment.com (the “CI Website”). OGCI also operates its own website: ogci.com (the “OGCI Website”). These Terms do not apply to the CI or OGCI Websites. Use of the CI Website or OGCI Website is subject to the appropriate privacy policy and terms of use contained on such sites.
1. Intellectual Property
Unless otherwise stated, OGDC owns or licenses the copyright and all other intellectual property rights on our Site, and those rights are protected by United Kingdom and international copyright laws and other intellectual property laws. You may not copy, use, or distribute any portion of the Site unless it is published for specific onward use e.g. a press release.
2. Site Availability and Support
You may access the Site if and when it is available. We do not guarantee availability of the Site and the Site may occasionally be down for service, upgrades, or for other reasons. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice. We have no obligation to provide support in relation to the Site.
3. Disclaimer of warranties and Non-Reliance
To the maximum extent permitted by applicable law, the Site is provided “as is,” “with all faults,” and “as available” and the entire risk of use and performance remains with you. We do not make any representations, warranties, or conditions, express, implied, or statutory and hereby disclaim any and all warranties with respect to the Site. In particular, we make no warranty that the Site: (a) will meet your requirements; (b) will be available or provided on an uninterrupted, timely, secure, or error-free basis; (c) will be accurate, complete, or reliable, or (d) will be free from viruses, worms, or other harmful or malicious components. Nor do we warrant that any defects or errors on the Site will be corrected.
Any decisions you make based on information contained in this website are your sole responsibility and you will use this Site only to facilitate your independent understanding. You acknowledge that, in relation to any commercial activity of any kind, you will be conducting your own independent assessment, and that you will not rely upon any information from this Site in lieu of conducting your own assessment and drawing your own conclusions of the matters addressed on this Site (or any errors therein or omissions therefrom). We do not assume any liability relating to delays or interruptions attributable to third party failures beyond our control. The Site is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom.
4. Use of hyperlinks
We are not responsible for the content of any other website, including any website through which you may have gained access to our website or to which you may gain access from our website. We do not accept any liability in connection with any such sites or links. Where we provide a hyperlink to a third party’s website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to that on our website. Such a hyperlink does not signify that OGDC has reviewed or approved of the connected third party’s website or its contents. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
5. Disclaimer of certain damages
To the maximum extent permitted by applicable law, in no event will we have any liability, direct or indirect, (whether at law (including negligence), under statute, in equity or otherwise) to any person based upon, relating to, resulting from, or in connection with the Site or its accuracy, sufficiency or completeness, or these Terms.
6. Limitation of liability and exclusive remedies
To the maximum extent permitted by applicable law and to the extent they are not excluded or disclaimed hereunder, our maximum, aggregate liability to you, and your exclusive remedy under these terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, in connection with, based on, resulting from, or in any way related to these Terms or the Site shall be limited to five pounds (£5.00). The existence of multiple claims or suits under or related to these terms or the site will not enlarge or extend the limitation of money damages.
We do not guarantee that our site will be secure or free from bugs or viruses and we will not be liable for any loss or damage caused by a virus or bug, a denial-of-service attack or any other technologically harmful materials that may infect your computer equipment, computer software, computer programmes or any other material due to your use of the Site, ani content contained on it or downloaded from it or any website linked to it.
You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
7. Independent remedies
Each of the limitations of liability herein apply without regard to whether loss, liability, or damage arise from or in connection with (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law. Some jurisdictions do not allow the exclusion or limitation of damages in certain circumstances and nothing herein will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law.
8. Indemnification
You hereby agree to defend, indemnify, and hold OGDC, its members and their respective affiliated entities, including but not limited to OGCI and CI and its affiliates, as well as all directors, officers, employees, agents, partners, suppliers, and licensors of the foregoing entities and such affiliates, harmless and will keep them indemnified from any third party claims or demands, including reasonable legal fees, relating to, arising from, in connection with, or allegedly arising from or in connection with (a) your use of the Site; (b) any violation by you of these Terms; or (c) your violation of any other party’s rights or applicable law.
9. Privacy
For information on the terms on which we process any personal data we collect from you, or that you provide to us, please refer to our Privacy Policy https://www.ogdc.org/privacy-policy/. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
10. Changes to these Terms
We reserve the right to change these Terms at any time, in our sole discretion, upon notice to you. We may give notice by posting updated Terms on the Site, sending you an email, or by any other reasonable means. The updated Terms will govern your use of the Site as of the Effective Date indicated at the top of these Terms. If you do not agree to the updated Terms, you should stop using the Site. Your use of the Site after the Effective Date of the updated version of these Terms will constitute your acceptance of the updated Terms. We reserve the right to terminate the Site at any time without notice for any reason.
11. Rights of Third Parties
These Terms do not give rise to any rights for a third-party to enforce any of these Terms apart from in respect of all directors, officers, employees, counsel, consultants, contractors, affiliates, members, and shareholders of OGDC, OGCI and CI, each of which are intended third-party beneficiaries of these Terms with the right to enforce all the same rights as those conferred on OGDC, OGCI and CI herein as though it was conferred directly on them, but for the avoidance of doubt their consent to vary or rescind these Terms is not required.
12. Governing Law and Exclusive Jurisdiction and Venue
These Terms (and any non-contractual disputes or claims) and your use of the Site is governed by the laws of England and Wales, without regard to its conflicts of law principles. You expressly agree that jurisdiction and venue for any dispute relating to or arising from these Terms or the Site will reside in the courts of England.
13. General
If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. We may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in the Site. If, at any time, we fail to respond to a breach of these Terms by you or others, such failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on us if it is in writing and signed by us. These Terms constitute the entire agreement between you and us with respect to the Site. All provisions which are intended to survive termination of these Terms shall so survive. You agree that any cause of action arising out of or related to the site or these terms brought by you must commence within one year after the cause of action accrues; otherwise, such cause of action is permanently barred.