These Terms and Conditions regulate the use of the OCEAN MATCHER.
Ocean Matcher is a tool that supports improved ocean funding and impact with intelligent matchmaking. The tool helps Grantmakers search and find relevant projects provided by Grantees through the Ocean Matcher web interface.
By accessing the OCEAN MATCHER and/or accessing or using the data, the Grantee and Grantmakers, as the case may be, agree to these Terms and Conditions as of that same time.
Grantmaker and Grantee, as the case may be, may only use the Ocean Matcher themselves and agree to not share user details and password or otherwise provide access to user account to someone else without Ocean Matcher’s permission.
1. Definitions
1.1 Project Data means any quantitative or qualitative project information in any form or format
1.2 Grantee means any person who makes Project Data available on the OCEAN MATCHER, or have consented to the making available of Project Data on the OCEAN MATCHER. If Project Data is made available by anyone else on behalf of a Grantee, that person or entity is also considerd a Grantee under these Terms and Conditions.
1.3 OCEAN MATCHER means the Ocean Matcher platform owned by the Platform Provider, which includes the Ocean Data Connector and the Ocean Data Explorer, and which may be extended to include additional environments or functionalities.
1.4 Ocean Data Connector means the component of the Platform that enables grantees to upload, manage, and present information about their ocean-related initiatives for the purpose of visibility and potential funding.
1.5 Ocean Data Explorer means the component of the Platform through which grantmakers create profiles, browse, and engage with ocean-related projects with the intent to evaluate and potentially provide support.
1.6 Platform Provider means the group of funding partners and will eventually be replaced by the Ocean Matcher entity.
1.7 Permitted Purpose means purpose of use that the Grantee has consented to upon sharing the Project Data, depending on which purpose(s) the Grantee has made the relevant Project Data available for.
1.8 Personal Data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.9 Terms and Conditions means the terms and conditions set out in this document, as they may be updated from time to time.
1.10 User means any person or entity, included but not limited to Grantmakers, who uses the OCEAN MATCHER, accesses Project Data on the OCEAN MATCHER, or who directly or indirectly gains access to the Project Data from someone else who has gained access to it from the OCEAN MATCHER, and who thereby accepts these Terms and Conditions.
1.11 Grantmaker means a person that works in an organisation that offers in-kind support and donations to ocean related projects and science. Both financial (grants) and non-financial (eq. advisors, ship-time or equipment). Grantmakers are approved by the Platform Provider.
1.12 User Content means any information, images, blog posts, source code, or other content that a User submits, makes available, posts or displays on the OCEAN MATCHER, including any related intellectual property rights.
2. Project Data
2.1 Making Project Data available
Subject to these Terms and Conditions, and unless otherwise agreed when the Grantee consented to the making available of Project Data on the OCEAN MATCHER, the Grantee grants the Platform Provider the right to disclose the Project Data on the OCEAN MATCHER.
2.2 Exclusion of certain types of Project Data.
The Grantee shall refrain from making the following available as Project Data on the
OCEAN MATCHER:
(a) Malware, viruses or similar;
(b) Data that cannot by law be made publicly available, for instance information that is classified pursuant to laws or regulations provided by nation states or international organizations; or
(c) Personal Data.
2.3 Use of Project Data
The User and Platform Provider shall only use the Project Data for the Permitted Purpose, including to keep confidential and not share or otherwise make available the Project Data in any other way than through the OCEAN MATCHER for review of the Grantmakers.
No bad faith: As a condition for gaining access to the OCEAN MATCHER and related Project Data, the User agrees not to use the OCEAN MATCHER or any Project Data in bad faith.
Mandatory law: To the extent that use of the Project Data is required or permitted by mandatory law, the User does not have to comply with these Terms and Conditions.
3. Warranties, liabilities and use
3.1 Limited warranties for the Grantee
Any Grantee that makes Project Data available on the OCEAN MATCHER warrants that it has the right to make the Project Data available on the OCEAN MATCHER. Although the Grantee warrants that, to the best of its knowledge, the Project Data is true and accurate and that the Grantee does not have positive knowledge, at the time of making the Project Data available, of defects, errors or omissions, the Project Data is provided “as is”, and may contain defects, errors or omissions.
3.2 No warranties regarding defects, errors, omissions, the use of the Project Data on the OCEAN MATCHER
The Grantee and the Platform Provider have no liability for defects, errors or omissions of the Data, except, for the Grantee's sake, as expressly stated in Section 3.1 above, or for the User's use of the Data, and specifically waives any express or implied warranty of the content or relevance of the Data, including its fitness for purpose, quality, absence of defects or errors, non-infringement, accuracy or merchantability, to the maximum extent permitted by law.
3.3 Damages: The Grantee and Platform Provider are not liable for the User's damages, whether direct, indirect or consequential, resulting from the User's use of the Project Data and/or OCEAN MATCHER, under any legal theory, and the User agrees and accepts that the Grantee and OCEAN MATCHER are excused from responsibilities as described in this Section 3.2.
3.4 Indemnification
The User's use of the Project Data and the OCEAN MATCHER is at the User's own risk, and the User shall indemnify the Grantee and/or Platform Provider for any and all liability for losses and claims by third parties that arise as a consequence of the User's use of the data, provided that such losses and claims are not a result of gross negligence or willful misconduct on the part of the Grantee.
4. Personal data
To the extent Platform Provider process Personal Data, such processing is performed in accordance with Platform Providers’ Privacy Policy, published on the OCEAN MATCHER web pages.
5. Term and termination
5.1 Term and termination
If a User fails to comply with these Terms and Conditions, the right to use the OCEAN MATCHER platform terminates automatically. The right may be reinstated if the User cures the breach within 30 days of the breach.
5.2 Changes to these Terms and Conditions
OCEAN MATCHER may at any point in time update or make changes to these Terms and Conditions, and any Grantee and User agree to be bound by the most recently updated version at any given point in time, unless the update or change is substantial, in which case OCEAN MATCHER will publish an updated version on its website with a 30-days' notice. Should a User or Grantee continue using the OCEAN MATCHER beyond the 30-days' notice, the updated version of the Terms and Conditions will be deemed accepted. The current version of these Terms and Conditions is available on this website.
5.3 The Grantee's right to make changes
The Grantee is free to stop sharing Project Data under these Terms and Conditions at any point in time. Upon receiving written notice, the OCEAN MATCHER will terminate Users' access to the Project Data in question accordingly. Such an action will, however, only be effective going forward and does not affect use of the Project Data that has already happened. For the avoidance of doubt, the Grantee is also free to offer the same Project Data under other terms and conditions, elsewhere than on the OCEAN MATCHER.
6. Governing law and dispute resolutions
These Terms and Conditions and any disputes and claims arising out of, in connection with or relating to these Terms and Conditions, the use of OCEAN MATCHER and/or any Project Data, shall be governed by Norwegian law, subject to arbitration in Oslo in accordance with the Norwegian Arbitration Act. The language of any arbitration proceedings should be Norwegian.