Legal Terms of Use

Sustainability Ledger is a flagship platform / application / website (software), of Ripples Investing and Consultancy Services Pty Ltd (RICS Pty Ltd) who control all of its Intellectual Property Rights. These terms and conditions apply between you, the User of this software, including any sub-domains, unless expressly excluded by their terms and conditions, and RICS Pty Ltd, the owner and operator of this software. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the software. If you do not agree to be bound by these terms and conditions, you should stop using the software immediately.

In these terms and conditions, User or Users means any third party that accesses the software and is not either (a) employed by RICS Pty Ltd and acting in the course of their employment or (b) engaged as a consultant or otherwise providing services to RICS Pty Ltd and accessing the Software in connection with the provision of such services. You must be at least 18 years of age or be listed as a co-user under a principal account holder either as a friend, family member, or co-worker who lives or works in the same residence or work address. Co-users who are between the ages of 12-18 years of age are permitted to use the software and mobile application but must do so under the supervision of either the principal account holder or a person who is at least 18 years of age and lives or works in the same address. By using the software and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age and/or are being supervised by a person who is above 18 years age of age.

1. Acceptance of Agreement

These Terms of Use (the “Agreement”) constitute a legal agreement that governs the relationship with users and others who interact with RICS Pty Ltd, subsidiaries, and affiliates (“Sustainability Ledger,” “RICS Pty Ltd” “we,” or “us”) in connection with the use of the Sustainability Ledger software and our Service (as defined below). Sustainability Ledger may make services, products, and features available through our websites, and applications including mobile software and applications available on social media sites and other platforms, and other downloadable products, the websites, the applications, and all products, services, and features provided by Sustainability Ledger in connection, including without limitation interfaces of the Service whether in whole or in part (therewith shall be referred to collectively as, the “Service”). Sustainability Ledger may offer additional services or products or modify or revise any part of the Service at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated. Sustainability Ledger also reserves the right to cease offering any part of the Service. You agree that Sustainability Ledger shall not be liable to you or any third party for any modification, revision, suspension, or discontinuance of any part of the Service.

2. Changes to Agreement

THIS AGREEMENT AND ANY POLICY OR GUIDELINE OF THE SERVICE MAY BE MODIFIED BY SUSTAINABILITY LEDGER IN ITS SOLE DISCRETION AT ANY TIME. Sustainability Ledger shall provide notice of any such modification by posting or electronically sending such revised Agreement to the services either to you or any third party for any modification, revision, suspension, or discontinuance of any part of the Service.

3. Electronic Records

Because the Service is provided electronically, you must consent to Sustainability Ledger providing important information electronically if you wish to use the Service. You consent to being provided with this Agreement, notices, disclosures, information, policies, and other materials in electronic form (collectively, “Electronic Records”), rather than in paper form. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records, or other materials of any kind that Sustainability Ledger may be required to provide to you.

4. Use of Service

You agree that you will only use the Service, including the sharing of any content through the Service, in a manner consistent with this Agreement and all applicable local, state, national, and international laws and regulations.

5. Prohibited Use

You may not use the software for any of the following purposes: (a) in any way which causes, or may cause, damage to the software or interferes with any other person’s use or enjoyment of the software; (b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; (c) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

• You must ensure that the details provided by you on registration or at any time are correct and complete.
• You must inform us immediately of any changes to the information that you provide when registering by updating your personal and billing/usage details to ensure we can communicate with you effectively.
• We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
• You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the software. Cancellation or suspension of your registration does not affect any statutory rights.

Link to Other Software

• This software may contain links to other websites/platforms/software. Unless expressly stated, these sites are not under the control of RICS Pty Ltd or that of our affiliates.
• We assume no responsibility for the content of such software and disclaim liability for any and all forms of loss or damage arising out of the use of them.
• The inclusion of a link to another site on this software does not imply any endorsement of the sites themselves or of those in control of them.

6. Limitation of Liability

• Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
• We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
• To the maximum extent permitted by law, RICS Pty Ltd accepts no liability for any of the following: (a) Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; (b) Loss or corruption of any data, database or software; (c) Any special, indirect or consequential loss or damage.

7. General

• You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
• These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Software from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
• These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements, or agreements that might have taken place in relation to the terms and conditions.
• If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
• Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
• This Agreement shall be governed by and interpreted according to the laws of New South Wales and Commonwealth of Australia and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of NSW and Commonwealth of Australia courts.
• Sustainability Ledger is a company incorporated in Australia with ABN: 81634018778 whose registered address is: 81-83 Street, Surry Hills, 2010, NSW, Australia, and it operates the software. You can contact Sustainability Ledger by emailing info@sustainabilityledger.au

1. Definition of the Project Site

In order for RICS Pty Ltd to provide resource efficiency and management services to users of the software, there is a need for access to energy-use, water-use, and waste generation information at the site where resource consumption or generation takes place (house or small business site). This may include data from utility meters for electricity, gas, and water, as well as open-sourced appliance databases, and internet-of-things (IoT) devices. Utility meter/billing data will be collected from users and complemented by information sourced from third-party and other open sources. Data on appliance usage will be collected from users and complemented by open-source Australian government websites/databases. IoT devices may be provided to users for installation if need be.

Given the nature of information required from users for Sustainability Ledger to provide the service efficiently, there is a need for users to grant Sustainability Ledger the legal right to access these sites or assets. User rights could either be in the form of ownership of the house, property, land, or business site, or a lease agreement in the case of rental properties, facilities, or sites.

Sustainability Ledger further agrees to use users' personal, utility consumption, and appliance data for the sole purpose of providing the customer (energy and water user) with the services promised.

2. Right to Access Site Information

a) Data Access

By subscribing to the services provided by the Sustainability Ledger software, you grant RICS Pty Ltd and its subsidiaries the exclusive right to collect the following information either directly from you or from an accredited third party for the sole purpose of providing you its energy management services: (1) electricity and/or gas meter data, (2) detailed information on appliances used in your home or business site (3) RICS Pty Ltd might also recommend the installation of IoT devices at your home or business site through a third party or contractors depending on how complex the task might be.

b) Confidentiality

RICS Pty Ltd and its subsidiaries agree to keep Homes and Business owners (hereafter described as “users”) utility meter/ appliance/ IOT data (hereafter described as “site data’) confidential and to use it only for the purposes described in sub-sections (1 & 2a) above. RICS Pty Ltd and its subsidiaries will not disclose users’ site data to any third party without users’ prior consent, except as required by law.

c) Data Security

RICS Pty Ltd and its subsidiaries will take reasonable steps to protect the security of users’ site data. These steps will include but are not limited to, using industry-standard encryption and access controls.

d) User's Rights

Users retain all ownership rights in their site data. RICS Pty Ltd will not claim any ownership rights in the user's site data.

e) Term and Termination

This Agreement will commence on the date of subscribing to Sustainability Ledger’s software services and will continue in full force and effect until the terms described in this sub-section (2) change. This Agreement may be terminated by either party upon a thirty (30) day written 5 notification to the other party.

1. Definition of Carbon Credits

“ACCU” means an Australian Carbon Credit Unit, as defined in the Carbon Credits (Carbon Farming Initiative) Act 2011.

2. Carbon Credits

By subscribing to the free services provided by the Sustainability Ledger software, you grant RICS Pty Ltd the exclusive right to: (a) track and reduce your energy consumption, (b) calculate the amount of carbon emissions that you have avoided by using the software.

3. Surrender of Carbon Credit

By using the app, you further agree to surrender to RICS Pty Ltd the carbon credits accrued to you as a result of your emissions avoided in exchange for the free use of the app. RICS Pty Ltd shall become the sole owner of the carbon credits surrendered by you, and that RICS Pty Ltd reserves the right to use the accrued carbon credits at its discretion, including, but not limited to covering its operations costs. You will not be entitled to any compensation for the carbon credits surrendered to RICS Pty Ltd.

Sustainability Ledger acknowledges that the use of its software may entail the exchange of private and confidential information, including utility consumption data and information about households and small businesses, operations and prospects, utility costs and operating activity levels as well as other private and sensitive information. Accordingly, Sustainability Ledger will:

1. Seek full permission from Users to use any identifiable confidential information for the platform’s gaming, competitions, and social media comparison features, as well as for reporting, promotion and research purposes;

2. De-identify and aggregate data and information that is used to make comparisons with other Users, which is displayed through the platform to identify zonal level best sustainability performance (Sustainability Champions) such as by streets, suburbs, postcodes, local government areas (LGAs), and state;

3. De-identify and aggregate data and information that will be used to monitor and report on the progress of the Sustainability Ledger platform in published articles, books, newsletters, blogs, social media posts, videos, and other media, unless otherwise agreed to by the User;

4. De-identify and aggregate data for use in communication with community partners or sponsors on Users' behalf, for purposes of performance awards and recognition, and with the consent of Users;

For purposes of this undertaking, the data and information mentioned above shall not include that which:

a. Is in the public domain at the time of disclosure;

b. Becomes part of the public domain after disclosure to a party through no fault, act or failure to act, error or breach of this undertaking by Sustainability Ledger;

c. Is discovered by parties independent of any involvement in the Sustainability Ledger platform;

d. Is required by order, statute, or regulation of any government authority to be disclosed to any court or other body, provided that the party shall notify the other party thereof to provide or allow it to obtain a protective order or other relief;

e. Or is obtained from a third party who has acquired a legal right to disclose the specific information.

For detailed information about how Sustainability Ledger deals with Personal Information, please see Sustainability Ledger's Privacy Policy