Terms & Conditions for responding cities:
Cities 2021 Questionnaire
CDP means CDP Worldwide, a charitable company registered with the Charity Commission of England and Wales (registered charity no. 1122330 and a company number 05013650). References to “we”, “our” and “us” in these terms are references to CDP.
CDP-ICLEI Unified Reporting System means the platform that collects climate data from cities via the Questionnaire.
C40 City means a city that is a member or affiliate city of the C40 Cities Climate Leadership Group administered by C40 Cities Climate Leadership Group, Inc. (“C40”) and is identified as such on CDP’s online dashboard.
Cities Race to Zero means an initiative to mobilize cities to commit to setting science-based targets and start implementing climate action in preparation for COP26 in Glasgow.
Deadline means 29 July 2021 (unless otherwise stated by CDP).
GCoM City means a city committed to the Global Covenant of Mayors for Climate & Energy (“GCoM”) and is identified as such on CDP’s online dashboard.
ICLEI means ICLEI – Local Governments for Sustainability e.V, World Secretariat.
OPCC means the One Planet City Challenge run by WWF to mobilize cities to restrict global temperature increases in line with the Paris Agreement.
Personal Data means data which relates to an individual who can be uniquely identified from the data, such as your city leader’s name and title.
Questionnaire means the Cities 2021 Questionnaire. This comprises questions common to all cities and additional questions under our partner initiatives including with C40, GCoM, ICLEI and WWF.
Race to Resilience means an initiative to accelerate global ambitions towards climate resilience by putting people and nature first.
Responding City means the city responding to the Questionnaire. References to “you” and “your” in these terms are references to the Responding City.
WWF means World Wide Fund for Nature (Stiftelsen Världsnaturfonden WWF).
The parties to these terms shall be CDP and the Responding City.
3. THESE TERMS
These are the terms that apply when you submit a response to our Questionnaire. If you do not agree to these terms, please contact us at [email protected] to discuss them with us.
4. RESPONDING TO THE QUESTIONNAIRE
General. When responding to the Questionnaire, you will be given a choice as to whether your response can be made public or whether your response is non-public, unless you are a GCoM City and/or your city decides to participate in the OPCC, Cities Race to Zero and/or Race to Resilience in which case you can only respond publicly. We strongly encourage you to make your response public.
When responding to the Questionnaire, you are responsible for checking that the data you submit through any third party (e.g. Google Environmental Insights Explorer, GCoM’s and WRI’s Data Portal for Cities or C40’s City Inventory Reporting and Information System (CIRIS)) is complete and correct.
Deadline for responding. You must submit your response to us using our online response system by the Deadline to ensure it is eligible for CDP scoring and inclusion in reports.
Public responses. If you agree that your response can be made public, we may use it in furtherance of our charitable mission, including by:
(a) making it available as soon as it is received by CDP to our partners (including C40, GCoM, ICLEI and WWF), appointed report writers and any other parties we deem appropriate;
(c) compiling it in CDP databases and making it available in original, modified or adapted form for use by commercial (for a fee or otherwise) and non-commercial organizations;
(d) amalgamating it with information about the Responding City from other public sources; an
(e) using in any other way that accords with our charitable mission.
Non-public responses. If your response is non-public, we may use the data you submit only as follows:
(a) for all cities, make it available as soon as it is received by CDP to our group companies and to companies we license to operate using the CDP name and brand (for example, CDP North America, Inc. and CDP Europe AISBL), our country partners, research partners, data management partners, report writers and scoring partners (each from time to time):
(i) to score your response; and
(ii) for any other use within their organizations but not for publication unless any data from your response has been anonymized or aggregated in such manner that it has the effect of being anonymized. CDP and its agents will make all reasonable efforts to safeguard the confidentiality of the data in your response;
(b) for all cities, we may make it available as soon as it is received by CDP to ICLEI for any use within their organization and who will be entitled to make it available to its report writers but who will not publish or otherwise make available any data from your response unless it has been anonymized or aggregated in such manner that is has the effect of being anonymized. ICLEI and its report writers are required to make all reasonable efforts to safeguard the confidentiality of the data in your response; and
(c) for C40 Cities, make it available as soon as it is received by CDP to C40 for any use within their organization and who may make it available to its report writers, but shall not publish or otherwise make available any data from your response unless it has been anonymized or aggregated in such manner that is has the effect of being anonymized. C40 and its report writers shall make all reasonable efforts to safeguard the confidentiality of the data in your response.
Amending your response. You may amend a response you have submitted at any time before 10 December 2021, but please note that any changes you make to your response after the Deadline may not be reflected in any CDP score or any publication.
Scoring of responses. If you submit your response to the Questionnaire using the CDP-ICLEI Unified Reporting System we may score your response.
Publication and use of scores. If your response is scored and you receive an A grade, we may make your score public and publish it. If you do not receive an A grade, we will only disclose your score to you and to our group companies, companies we license to operate using the CDP name and brand (for example, CDP North America, Inc. and CDP Europe AISBL), our reporting partners (including ICLEI, C40 and GCoM), research partners, report writers and scoring partners, in each case for use only within their organizations and not for publication.
5. RIGHTS IN THE RESPONSES
Ownership. All intellectual property rights in your response will be owned by you or your licensors.
License. You grant to us, or shall procure for us, a perpetual, irrevocable, non-exclusive, assignable, sub-licensable, royalty-free and global license to use your response and any copyright and data base rights in your response for the uses set out in these terms (including creating scores).
6. IMPORTANT REPRESENTATIONS
You confirm that:
(a) the person submitting the response to us is authorized by you to submit the response;
(b) you have obtained all necessary consents and permissions to submit the response to us; and
(c) the response that you submit:
(i) does not infringe the rights of any third party (including privacy, publicity or intellectual property rights);
(ii) does not defame any third party; and
(iii) does not include any Personal Data except for the name and title of the leader of the Responding City (in question 0.3).
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
We are not liable for business losses. Subject to these terms, CDP has no liability to you in any circumstances for any loss of revenue, loss of profit, loss of business, business interruption, loss of business opportunity, loss of goodwill, loss of reputation, loss of, damage to or corruption of data or software or any indirect or consequential loss or damage.
Exclusion of liability. Subject to these terms, CDP has no liability to you in any circumstances arising from the content or submission of your response to us, our use of your response, our publication of your A grade score and/or the use of your response or your A grade score by any third parties.
Limitation of liability. Subject to these terms, CDP’s total liability to you in all circumstances shall be limited to £625.
We may transfer our rights to someone else. We may transfer our rights and obligations under these terms to another organization.
Nobody else has any rights under these terms. These terms are between you and us. No other person shall have any rights to enforce any of its terms.
Entire agreement. These terms constitute the entire agreement between you and us.
Variation. CDP reserves the right to change these terms at any time. Such changes shall be effective immediately or at such other time as CDP elects. In the event of any materially adverse changes, you may request to withdraw your response within 30 days of us notifying you of the change.
If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Governing law and jurisdiction. These terms are governed by English law and you and us both agree to the exclusive jurisdiction of the English courts to resolve any dispute or claim arising out of or in connection with these terms or their subject matter or formation.
Language. If these terms are translated into any language other than English, the English language version will prevail.