Background Gradient

TERMS AND CONDITIONS OF USE

WATER AND SANITATION OBSERVATORY FOR LATIN AMERICA AND THE CARIBBEAN (“OLAS”)

Effective Date: July 27, 2021

The Water and Sanitation Observatory for Latin America and the Caribbean is a website established by the Inter-American Development Bank (“IDB” or “us”). The IDB is a public international organization established by its member countries pursuant to the Agreement Establishing the Inter-American Development Bank. The purpose of the IDB is to further the economic and social development of Latin America and the Caribbean.

The objective of the OLAS´s website is to integrate and disseminate water and sanitation information and data from the Latin American and the Caribbean (LAC) countries in the framework of the Sustainable Development Goals for adequate decision-making and in general to contribute to the development of the sector. These Terms and Conditions of Use (the “Terms”) are a binding legal agreement between you and the entity you represent, if applicable , the end user (“you”) and the IDB, and apply to your use of and access to the IDB’s Water and Sanitation Observatory for Latin America and the Caribbean and associated websites, whether through the web or a mobile app, if applicable (as it may be modified from time to time, the “Site”).

These Terms explain how you may use the Site and the legal terms that apply to such use. Additional legal notices and terms may apply to specific services, materials, features and content referenced or made available in the Site. We recommend that you keep a copy of these Terms for future reference and visit the Site periodically for updates.

By accessing and using the Site or by clicking “I ACCEPT” when you complete the registration form on the Site, you agree to abide by and legally bound to these Terms, as they may be modified by the IDB from time-to-time and posted on this Site. If you do not agree with these Terms, you do not have permission to use the Site, and you must immediately cease permanently all use of and access to the Site.

The Site is owned, controlled, operated and administered by the IDB, from the United States of America. The IDB makes no representation that functionalities at the Site are appropriate or available for use in any locations. Access to the Site from any location where such content or access may be illegal is prohibited. When you access the Site, you are solely responsible for compliance with local laws.

These Terms contain arbitration provisions that waive your right to a court hearing and jury trial when making claims under these terms. Arbitration is the mandatory and exclusive process for all disputes arising under these Terms. Please review Section 14 carefully for more details about arbitration and dispute resolution procedures.

1. Registering and Using the Site

The Site is for the benefit of users who have registered on behalf of government agencies, ministries, secretariats, municipalities or any other governmental entity or body of an IDB member country (referred to as the “Government Agencies”). Government Agencies will be authorized to upload data and information associated with the water and sanitation sector of their respective countries to the Site. Users acting on behalf of research and development institutions, such as universities, research centers, think tanks or NGOs (referred to as the “R&D Institutions”) may also register on the Site and will be authorized to upload data and information associated with the objective of the OLAS, and information related to “Call for Proposals” and capacity building opportunities promoted by the R&D Institutions. Users acting on behalf of international organizations (referred to as the “Strategic OLAS Partners”) may also register on the Site and will be authorized to upload data and information associated with the objective of the OLAS. Government Agencies, R&D Institutions and Strategic OLAS Partners will be referred as “Registered Users”.

The Site will also be for the benefit of non-registered visitors who may view, download and/or browse certain unrestricted portions of the Site (“Non-registered Users” together with Registered Users, “User” and collectively “Users”). Non-registered Users will not be permitted to post or upload any information to the Site.

Users are free to access the features of the Site made available to them and view publicly posted content.

If you are a Registered User, you may be able to submit information and data in different formats and through different features of the Site and may choose to upload documentation (the “Materials”) to the Site in connection with your participation in representation of a Government Agency, R&D Institution or as a Strategic OLAS Partner. You represent and warrant that you have all rights necessary to submit such Materials, and that the content of the Materials is accurate, not confidential, and not in violation of any contractual restrictions or other third-party rights. You represent and warrant that any copyrighted Materials uploaded is either your original work of authorship or that you otherwise own or have all rights and required authorizations to grant to the IDB and other Users a license and any other rights granted by you pursuant to these Terms. You understand that you are solely responsible for the Materials you submit (including its accuracy, completeness, and legality). You acknowledge and agree that the IDB assumes no obligation to monitor it and will not review it to make corrections, detect errors or ensure it is complete. You must back-up and keep a copy of your Materials at all times before and after submitting it to the Site. The Site is not intended to be an official repository or back-up of your Materials. The IDB will decide which Materials will be published in connection with the objectives of the Site.

When you register yourself for the purposes of participating as Registered User, you will need to create a Registered User’s account (“Account”). When creating an Account, you represent that you are at least eighteen (18) years of age or the legal age for entering into a contract in your jurisdiction (whichever is greater), that the information you provided is accurate, not misleading, and that you have all necessary power and authority to use the Site in representation of a Government Agency, a R&D Institution or a Strategic OLAS Partner . The IDB will not verify independently any information you provide regarding your authorization to represent a Government Agency, a R&D Institution and/or a Strategic OLAS Partner, and you solely assume any and all liability for any false information or misrepresentation provided upon registration.

You must provide complete information to be assigned a user identification code (“User Identification”). The services contained in the Site are provided by the IDB at no cost. Anyone who uses the User Identification will have access to features and system resources associated with each type of Registered User.

If you are using the Site on behalf of an organization or other legal entity, you represent to the IDB that you have the authority to bind the legal entity with respect to the representations and indemnities set forth herein, and that the legal entity is duly organized, validly existing and in good standing. You further agree that the legal entity will be bound by and responsible for any breach of these Terms.

A Registered User is solely responsible for the activity that occurs through such User Identification and must keep such User Identification password secure. A Registered User shall notify the IDB immediately of any known or suspected breach of security, unauthorized use of the User Identification, any password or any of its registration information. Although the IDB will not be liable for Registered User’s losses caused by any unauthorized use of the User Identification, a Registered User may be liable for the losses of the IDB or others due to such unauthorized use. The IDB will notify Users about any personal data security breach or intrusion made by third parties. For the purposes of these Terms and the Privacy Notice, personal data means any information relating to an identified or identifiable living individual (“Personal Data”).

You understand that the IDB may send notices, e-mails, announcements and other account-related information to you using the information (including email addresses) registered on your Account, and you hereby consent to us doing so (including communicating with you by email). We also may use the Personal Data registered in your account to send you information that might interest you, such as descriptions of new projects and activities carried out by the IDB and as further described in the Privacy Notice. When you receive an e-mail from us, you may indicate a preference to “OPT OUT” of, and thus to stop receiving further e-mails from us, by following the “UNSUBSCRIBE” instructions provided in the email(s) you received or sending us an “OPT-OUT” request using the contact information provided in Section 15, as applicable.
The IDB may, in its discretion, periodically add, change, improve or update features of the Site without notice. However, the IDB does not have any obligation to provide updates or new features to the Site.

2. Use of the Site

You are responsible for all your activity on the Site and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site.

The Site is solely owned and administered by the IDB and its licensors as applicable, including all the copyright and intellectual property rights in the Site. The IDB reserves all rights in the Site not expressly granted in these Terms.

When accessing or using the Site, you must not:

  • impersonate another person;
  • use the Site for any illegal, fraudulent, or otherwise harmful purpose;
  • use the Site for any commercial purpose, as a service bureau to provide services to third-parties, or for the benefit of any other person or entity;
  • upload or transmit anything via the Site that is obscene, defamatory, abusive, or threatening, or that infringes or otherwise violates any other person’s or entity's rights;
  • use the Site to do anything that could harm IDB's reputation;
  • use the Site to post or transmit “spam” or any other excessive and/or unlawful messages or communications of any kind;
  • harvest or scrape third party data in, on or through the Site;
  • try to hack the Site or to disable or circumvent any of the Site's security or access control features, mechanisms, protocols, or tools;
  • modify, adapt, translate, or create derivative works of the Site or any component thereof;
  • upload, submit, or otherwise introduce any material containing a virus, worm, Trojan horse, malware, disabling device, or other harmful or malicious script, code, or tool into the Site;
  • to the fullest extent permitted by law, decompile or reverse-engineer the Site or try to derive source code from the Site by any other method or
  • remove, alter or conceal any trademark, copyright or other proprietary notice that is on the Site.

Subject to your continued compliance with these Terms, the IDB grants you a revocable, non-exclusive, non-sublicensable, and non-transferable right to access and use the Site solely in connection with the objectives of the OLAS.

You may download, copy and reprint information publicly posted on the Site for non-commercial purposes, subject to any additional terms and conditions contained within the materials and materials expressly attributed to third parties, so long as the IDB is cited as the source of the originating material. You may not reprint or distribute material for which a third party is identified as the copyright holder, unless permission to do so is expressly granted for such third-party material.

You hereby grant to the IDB a nonexclusive, irrevocable, worldwide, perpetual, assignable, sublicensable, transferable, royalty-free right to copy, prepare derivative works, distribute, transmit, display, publish, remove, retain, translate, analyze, reformat, edit and use (including alone and in collective works), in any way now known or in the future discovered, any Materials you provide through the Site, except for any Personal Data provided during registration, which may only be used as stated in these Terms and Privacy Notice. All of the foregoing rights are referred to as the “License”. The License includes the right of IDB to authorize Users and other third parties on a royalty-free basis to copy, distribute, and otherwise exploit any documentation or information, including the right of Users and such other third parties to authorize the same.

You hereby consent to our hosting and storing of your Materials (including all Personal Data you provide) in servers and databases in the United States and in servers and databases in any other member countries of the IDB, and to disclose your Materials to our contractors providing hosting, cloud, storage and other technical services to us.

3. Your Responsibilities

When creating an Account, you represent and warrant that:

  • all Materials that you submit to or through the Site are true, complete, accurate, and current in all respects;
  • you will transfer and disclose to the IDB only Materials that comply with applicable laws and over which you have all necessary authorizations to transfer, disclose, copy and use for the purposes of the Site and these Terms;
  • you will have in effect at all times all necessary authorizations and approvals required for uploading, providing and submitting Materials in connection with the Site and for the access to, use by and transfer thereof to the IDB, so that the IDB and its personnel and contractors may lawfully collect, transfer, receive, process and store the Materials pursuant to these Terms;
  • none of the Materials infringes, misappropriates, or otherwise violates the personal, intellectual or other legal rights of any third party;
  • you will keep your Account information up-to-date, accurate and complete; and
  • you have all necessary power and authority to use the computing equipment and devices you are using to access and use the Site.

4. Personal Data and our Privacy Notice

Except for the registration information required to set-up an Account, you must not provide any Personal Data to us through the Site.

Please see our Privacy Notice, for a summary of our collection, transfer and use practices for Personal Data. All Personal Data that you submit to us through the Site will be subject to the Privacy Notice, which is incorporated into these Terms and is subject to change from time to time as set forth in the Privacy Notice.

By accepting these Terms and submitting Materials through the Site, you consent to our collection, use, license, transfer and storage of the Materials that you provide to us through the Site, including your Personal Data that is included in the Account profile or other Personal Data that may have been included in the Materials, to our affiliates, third-party service providers, contractors, and advisors.

5. Security and Compatibility

The IDB does not represent or guarantee that the Site will be totally secure or free from bugs, viruses or other malware. You are responsible for configuring your hardware, software, and other technology you use in order to access the Site and we recommend that you use and frequently update your own virus protection software and other means to monitor for, detect and prevent vulnerabilities to your systems and databases.

You acknowledge that internet transmissions are never completely private or secure. Even though the IDB will take all measures to secure your information, the IDB cannot guarantee that the information you send or provide using or through the Site will not be read or intercepted by others, even if there is a notice that a particular transmission is encrypted.

You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. We reserve the right to report any such activities to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity and User logs and records to them.

You are responsible for ensuring that your equipment, software, databases, browsers and networks are compatible with the Site; otherwise, the Site might not work as intended. The IDB has no responsibility for any failure or malfunction of the Site resulting from your use of the Site with outdated or incompatible browsers, operating systems, applications, software, or hardware.

6. Third Party Content and Links

This Site may contain links to web sites and information not under the control of the IDB. The IDB provides these links and any such information as a convenience for Users of the Site and is not responsible for their contents. The presence of a link does not imply endorsement or approval of its contents by the IDB. Your correspondence or any other dealings with third parties are solely between you and such third party. Accordingly, the IDB expressly disclaims all liability and responsibility for such third-party applications, websites, or networks.

The IDB may make available in the Site content and data provided to us by third parties or obtained from public sources. The IDB is not responsible for the accuracy or completeness of such third-party information and disclaims all liability for it.

7. Changes to these Terms

From time to time, the IDB may make changes to these Terms in its sole discretion, including without limitation to reflect industry standards that affect the Site, changes or updates to the Site, or the way in which we do business.

We will endeavor to give you advance notice of changes to these Terms by providing a pop-up or posting other notification in the Site or by email, and we will tell you the date on which the amended Terms will come into force. You should check the Site and your emails regularly for notifications.

When we post changes or you receive a notice of change to the Terms, you can choose not to accept the changes, but if you choose not to accept them, your right to use the Site will automatically end and you should not use the Site from and after the date that the changes come into force.

By clicking to accept a change to these Terms, or by continuing to use the Site after the date that any changes to the Terms take effect, you are agreeing to be legally bound by those changes and the Terms as so amended.

8. Errors, bugs and interruptions; Warranty Disclaimers

Information that relates to a particular date is offered only with regard to such date and the IDB undertakes no obligation to update any content on the Site. The IDB may, in its discretion, periodically add, change, improve or update the contents on the Site without notice, and reserves the right to limit or discontinue the Site or deny any User access thereto without notice.

You acknowledge that the Site is provided, and your use of the Site shall be, on an "AS IS" basis with no express or implied warranty of any kind and may contain errors. The IDB does not give any representation, warranty, or guarantee that the Site will operate without error. Use of the Site is at the User's sole risk.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE IDB DOES NOT MAKE AND THE IDB HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED OR STATUTORY, REGARDING THE SITE, THE CONTENT AND THE RESULTS TO BE OBTAINED FROM THE INFORMATION AND MATERIALS ASSOCIATED WITH THE OLAS , INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, SUITABILITY, SECURITY, ACCURACY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR BASED ON COURSE OF DEALING OR USAGE OF TRADE.

The IDB does not guarantee uninterrupted access to the Site. You acknowledge that your access to the Site may by interrupted for scheduled or emergency maintenance purposes, to fix bugs, or for security reasons. Access to the Site may also be interrupted for reasons outside of the IDB's reasonable control, or for suspension of service as set forth in the Terms.

You acknowledge that the Site has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the Site meets your requirements.

9. Your Indemnification to the IDB

As a condition of use of the Site, you and the entity you represent (Government Agency, R&D Institution and/or Strategic OLAS Partner) as and if applicable, agree to indemnify and hold the IDB and its respective employees, officers, directors, contractors, and successors harmless from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising out of your use of the Site, your Materials, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms or a violation by you or your Materials of applicable laws or of confidentiality obligations to a third-party.

If the User is dissatisfied with any Material on the Site or with any of terms and conditions of use of the Site, such User's sole and exclusive remedy is to discontinue using the Site.

10. IDB's liability to you and Disclaimer of Damages

The IDB's liability to you or the entity you represent in relation to any claims concerning the Site, is governed by these Terms and the immunities afforded to the IDB.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE IDB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL EXPENSES OR DAMAGES INCURRED BY REASON OF OR IN ANY WAY CONNECTED WITH THE SUPPLY OR USE OF THE SITE OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THE SITE OR YOUR MATERIAL (INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITY), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE IDB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. For the avoidance of doubt, the IDB will not be liable for any losses that you suffer as a result of your use of the Site.

11. Term, termination, and suspension

The IDB may discontinue the Site at any time, in which case the IDB will have no obligation to further maintain or support the Site.

The IDB may deny, suspend or terminate your access or use of the Site at any time, with or without notice to you, without liability, for any or no reason, in its sole discretion, including without limitation: (i) if the IDB reasonably believes that you have not complied with these Terms or applicable laws; (ii) if you are no longer authorized to represent or act on behalf of the Government Agency, the R&D Institution and/or the Strategic OLAS Partner; (iii) if you become ineligible to represent a Government Agency, a R&D Institution and/or a Strategic OLAS Partner for any other reasons; (iv) to prevent breaches of these Terms, harm to other Users, compliance with laws, or liability to third parties; or (v) if the IDB has reasonable grounds to suspect fraud or misuse of the Site by you or by anybody using your device or account details.

You can also choose to stop using the Site at any time. When your right to use the Site ends, you must notify the IDB and stop using the Site. IDB shall disable the authorization of User Identification and the special Site features related to the participation of the Government Agency, R&D Institution and/or Strategic OLAS Partner.

We will retain Materials, including Personal Data, for the period necessary to fulfill the purposes outlined in this Site or our data retention policies and procedures that apply to such information, except as set forth otherwise in these Terms and the Privacy Notice. There may also be residual information that will remain in our databases and records, which will not be removed.

The provisions of the Terms governing your ownership of your Materials, the IDB’s proprietary rights, disclaimers of warranty, limitations of liability and damages, indemnification, waiver and severability, dispute resolution and governing law will survive the termination or expiration of the Terms for any reason.

12. Our Privileges and Immunities

Nothing in the Site or these Terms and Privacy Notice, shall operate or be regarded as a waiver, renunciation or modification of any right, privilege or immunity of the IDB pursuant to the Agreement Establishing the Inter-American Development Bank, international conventions or any other applicable laws.

13. Miscellaneous

These Terms and the other documents referenced herein constitute the entire agreement and understanding between you and us with respect to the Site, and supersede any previous understanding, proposal, presentation or contract relating to the subject matter of these Terms.

The IDB may assign or transfer any of its rights and obligations under these Terms to another organization in its sole discretion. You may not transfer, assign or delegate any of your rights or responsibilities under these Terms without the IDB prior written consent. These Terms do not create any third-party beneficiary rights.

Each of the paragraphs and sections of these Terms operate separately. If any provision of the Terms is rendered inoperable or unenforceable by order of a court or governing body of competent jurisdiction or other operation of applicable law, the remaining paragraphs and sections will remain in full force and effect to the maximum extent permitted under applicable law.

If the IDB fails to insist that you meet your obligations under these Terms or if it does not enforce its rights against you or if it delays in doing so, that will not mean that the IDB has waived its rights against you and it does not mean that you do not have to comply with those obligations. No waiver by the IDB of any provision of these Terms shall be binding except as set forth in writing signed by its duly authorized representative. Even if the IDB delays in enforcing these Terms, it can still enforce it later.

14. Applicable laws and dispute resolution

These Terms and conditions will be governed, interpreted and enforced in accordance with the laws of the District of Columbia, United States of America, without giving effect to the conflict of laws provisions of that jurisdiction. Any legal action over the contents or use or any other matter pertaining to the Site or your Materials shall be submitted to and finally resolved by arbitration conducted in the English language in Washington, District of Columbia, United States of America, under the commercial arbitration rules of the American Arbitration Association, provided that the IDB reserves the right to apply for temporary, preliminary and final injunctive relief to enforce any of the provisions of these Terms relating to the use of its copyrights, trademarks, other intellectual property rights and data security. All decisions of a single arbitrator shall be final and binding on both the IDB and you and enforceable in any court of competent jurisdiction. The IDB and you otherwise agree to the exclusive jurisdiction of the courts of Washington, District of Columbia, United States of America for the resolution of any disputes not subject to arbitration and for the enforcement of any award resulting from any such arbitration.

15. CONTACT US:

If you have any requests, questions or comments regarding these Terms, you may contact us at: olasdata@iadb.org

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