RealZeroCheck

Terms and Conditions

Introduction

These terms and conditions (Terms) govern your use of the RealZero Check website (Website), the RealZero Check report (Report) and the RealZero Check Calculator (Calculator) (collectively, Platform) made available by Future Group Australia Holdings Pty Ltd (ABN 68 618 367 927) (we, us, or our).


These Terms apply when you view, have access to, request and use the Platform. You are deemed to have agreed to these Terms when you click “I accept” to finalise your request to download the Calculator and/or Report.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU ACCESS OR USE THE PLATFORM. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OR USE THE PLATFORM.

  1. RealZero Check Platform
    1. We may from time to time update, modify, discontinue or suspend the Platform, at our sole discretion without notice. You agree that we are not liable to you or any third party for any such actions.
    2. Where we update the Report or Calculator and you have opted into receiving such updates, we will endeavour to provide you with the updated Report and/or Calculator as soon as reasonably practicable.
  2. Permitted Use
    1. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, perpetual, revocable and limited licence to view, access and use the Platform for your personal, non-commercial use to compare the CO2 budget performance of a portfolio of shares you entered against the CO2 budget performance of a reference portfolio entered by you.
    2. You must only use and access the Platform for the purpose permitted by these Terms and you must not use or access the Platform in a manner that is illegal or fraudulent or which facilitates any illegal or fraudulent activity.
    3. You must not:
      1. sell, resell, offer to sell, distribute, disseminate, lease or hire the Platform to any third party;
      2. interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected with the Website;
      3. remove the disclaimer or copyright notices included in the Platform;
      4. use any data mining, robots or similar data gathering or extraction methods on the Net Zero Platform;
      5. penetrate or breach the security of the Platform or otherwise interfere in the normal functionality and performance of the Platform;
      6. misuse any content that appears on the Platform, in any way; or
      7. assign your rights or obligations under these Terms.
    4. At your own cost and expense, you will comply with these Terms and you will not use the Platform in a manner that infringes a third party’s intellectual property or other rights or in any manner which is offensive, threatening, defamatory, misleading, deceptive or otherwise inappropriate.
    5. If you become aware of any actual or suspected misuse of the Platform by any person, you must contact us as soon as practicable using the contact details provided on the Website.
  3. Links
    1. The Website may provide links to other websites operated by third parties. Future Group does not control or endorse, and is not responsible for, the content of these linked third-party websites, and provides hyperlinks to other websites for your convenience and information only. Any information, opinions, representations or offers made in those linked third-party websites are solely the responsibility of the third parties operating those websites and are not made by Future Group, which makes no representation or warranty as to accuracy or reliability of the information in those websites.
  4. Intellectual Property
    1. All intellectual property in the Platform and its content (including the Report and Calculator) is owned by us or third parties. There is no transfer of ownership to you of any intellectual property rights in the whole or any part of the Platform or its content.
    2. Except as authorised or as permitted by these Terms or law, you may not (in any form or by any means):
      1. copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the RealZero Check Platform; or
      2. commercialise the whole or any part of the RealZero Check Platform without our express written permission, or in the case of third party material, from the owner of the copyright in that material.
    3. Trade marks used on the Platform belong to their respective owners. You must not use or reproduce any of these trade marks without their respective owners’ written permission.
  5. Disclaimer of Warranties
    1. By accessing and using the Platform, including the Calculator, you assume all risks associated with access and use of the Platform. The Platform is provided to you on an “as is”, “as available” and “with all faults” basis and, to the maximum extent permitted by law, without warranties or representations of any kind either express or implied.
  6. Limitations of Liabilities
    1. To the fullest extent permitted by law, neither party is liable to the other party or any third party for any loss (including, without limitation, loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage) (Loss), howsoever caused, suffered or incurred by you arising from or in connection with:
      1. Your access to, or use of, the Platform or its content;
      2. any error or defect in the Platform, or its content, including the Report and the Calculator, even if We have been informed of the possibility of such Loss;
      3. the suitability for your intended use of the Platform;
      4. the accuracy, completeness or suitability for your intended use of any information (including, without limitation, any content made available to you through the Platform);
      5. that the Platform or any content on the Platform will be uninterrupted or error-free or defect-free or that errors or defects in the Platform or any content on the Platform will be corrected;
      6. that any electronic files available through the Platform will be free of harmful code;
      7. that your use of the Platform will achieve any particular results;
      8. any violation of any rights of any third party through use of the Platform; or
      9. any violation of any applicable laws, regulations or codes of conduct, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such Loss.
    2. We acknowledge that certain laws and regulations may imply warranties or conditions or impose obligations, remedies or guaranties which cannot be excluded, restricted or modified by law (including any guarantee under the Australian Consumer Law). To the extent that such laws or regulations apply, these Terms must be read subject to those laws and regulations. If those laws and regulations apply, notwithstanding any other provision of these Terms, and to the extent permitted by law, our total liability to you for any and all claims arising out of or in connection with your use of or inability to use the Platform, or any errors, defects, or omissions in the Platform, or any breach of these Terms, or any violation of any rights of any third party, or any applicable laws, regulations or codes of conduct, whether based on contract, tort, negligence, strict liability, or otherwise, is limited to the amount you paid to access, use the Platform or download the Report or Calculator.
    3. We accept no liability for any delay or failure to perform our obligations under these Terms if such a delay or failure is due to circumstances beyond our reasonable control.
  7. Privacy
    1. Future Group is committed to maintaining the privacy of any personal data it holds about you and does so in accordance with the Australian Privacy Principles and the Privacy Act 1998 (Cth). Please read our Privacy Policy to understand how your personal information will be treated when you use the Website.
  8. General
    1. We may amend these Terms at any time. Any amendments are effective upon notification on the Website, Report or Calculator. Your continued use of the RealZero Check Platform following such notification shall be deemed to be your agreement to be bound by the Terms as amended.
    2. These Terms are governed by the laws of the State of Queensland, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of that State.
    3. If any provisions of these Terms is held to be invalid, unenforceable or illegal for any reason, such provision is to be read down to give it as much effect as possible. If it is not capable of having any effect, it is to be severed from these Terms, in which case, the remainder of these Terms will continue in full force.
    4. Any waiver, in whole or in part, of any rights available under these Terms, is only valid if it is in writing and is limited to the instance referred to in the writing. If no instance is referred to, then the waiver is valid only for past breaches.
    5. No provision of these Terms will be interpreted adversely to a party because that party was responsible for preparing that provision.
    6. We may assign or transfer our rights and obligations under these Terms to a third party, without your consent. You may not assign or transfer your rights or obligations under these Terms to any third party, without our prior written consent.

This website is intended to provide information only and does not take account of your personal objectives, situation or needs. Use of this website it not a recommendation of any financial product or a statement of advice with respect to any decisions, personal or otherwise.

We acknowledge that we operate on sovereign First Nations land. We recognise the ongoing connection Aboriginal and Torres Strait Islander people have with Country throughout this continent since time immemorial. We stand for a future where First Nations people have true justice and redress, and our society has a profound respect, understanding and commitment to acknowledging First Nations perspectives, culture, languages, histories, country, values and ancestors.

This tool and report was developed through research conducted by the UTS Institute for Sustainable Futures, with funding and support from Future Group, who is pleased to make it accessible to other financial insitutions and the public to download.

© Future Group 2024