National Packaging Waste Database - Terms for use of Website
Introduction
The site (the "Website") is operated by the Environment Agency on behalf of itself, and, in respect of those organisations
they regulate, the Scottish Environmental Protection Agency and the Environment
and Heritage Service, Northern Ireland.
The purpose of the Website is to
facilitate the submission of returns required by the Producer Responsibility Obligations
(Packaging Waste) Regulations 2005 (1997 in Northern Ireland) [“the Regulations”]
to the Regulators in an electronic format. In order to comply with the Regulations
You must also print off a hard copy of Your return, sign and submit it to the appropriate
Regulator in accordance with and within the time specified in the Regulations.
In these terms:
The “Operator” means the Environment
Agency.
The “Regulators” means the Environment
Agency, the Scottish Environment Protection Agency or the Environment and Heritage
Service, Northern Ireland, as the case may be
Users of the Website are referred to as "Users", as well as "You"
or "Your".
1. The terms
1.1 These terms are the general terms and conditions for the use of the Website.
Please read these terms carefully. Your use of the Website and any information You provide to or is provided from the
Website will be subject to these terms. You will be treated as accepting the terms by
either browsing the Website, or acknowledging Your acceptance
of the terms by clicking an "I Agree" button.
1.2 If You do not wish to be bound by these terms, do not use this Website.
1.3 If You are using the Website on behalf of an organisation, then
You represent and warrant that You are authorised to bind that organisation to these
terms.
1.4 If there is any inconsistency
between these terms and the Regulations, then the Regulations shall prevail to the
extent of that inconsistency.
1.5.1 Nothing in these terms shall
prejudice or affect the Regulators’ exercise of their functions, duties, powers,
rights, jurisdictions and obligations conferred, arising or imposed under the Environment
Act 1995, or any other legislative provision, enactment, byelaw or regulation whatsoever.
1.5.2 Nothing in these terms shall
operate as a statutory approval, consent or licence from the Regulators.
1.6 Nothing in these terms restricts
your statutory rights or any other rights of access to the Website and information
held on it.
2. Regulations and submission of returns
2.1 The Website may:
(a) only be used by persons who are an accredited or registered organisation, or a registered compliance
scheme, or a Regulator; and
(b) only be used for the purpose of submitting returns as required by the Regulations
to the appropriate Regulator appointed by those Regulations in an electronic format.
2.2 You must not login or use the Website unless you are accredited by a Regulator.
2.3 Although this Website provides a facility
to submit statutory returns to the relevant Regulator,
You remain entirely
responsible for complying with the Regulations
and the Operator is not responsible for the failure of an accredited exporter or
reprocessor to comply with the Regulations. Any information submitted through the
Website will be transmitted electronically, to the relevant Regulator. You must also
send a signed hard copy of the information to the relevant Regulator.
A Regulator will
only accept
electronically submitted data, if supported by a signed hard copy. Until
further notice, all returns submitted through the Website must be supported by a
signed hard copy.
3. What You are allowed to do
3.1 You may only use the Website in accordance with these terms.
3.2 You must only use the Website and anything available from the Website for lawful
purposes, and You must comply with all applicable laws, statutes and regulations and in a manner that does not
infringe the rights of the Operator or those of the other Regulators or any third
party or restrict or inhibit the use and enjoyment of the Website by the Operator,
the other Regulators or any third party.
3.3 You may:
(a) browse the Website using a compatible web browser. Permission to browse the
Website includes permission to make transient or cached copies of parts of the Website
to the extent that this occurs in the normal course of using Your browser and that
these copies are used only to facilitate current or subsequent access to the Website
by You; and
(b) print a copy of any page of the Website, in each case, only for Your internal
business purposes or to
satisfy the requirements of the Regulations, provided
that You do not do any of the things set out under “What You are not allowed to
do”.
4. What You are not allowed to do
4.1 Except to the extent expressly set out in these terms, You are not allowed to
make any copies of any part of the Website.
4.2 You may not:
(a) remove, change, publish or sell
anything on the Website including making it available on any other website;
(b) include or create links to or from the Website without the prior written consent
of the Operator;
(c) copy or use any material from the Website for any commercial purpose or for any purpose which is detrimental to
the Regulators, their activities or the environment; or
(d) remove or change any copyright, trade mark, logo or other intellectual property right
notices contained in the original material or from any material copied or printed
off from the Website: or
(e) reverse engineer, translate,
adapt or modify any software used in connection with any part of the Website.
4.3 You must not use the Website to:
(a) post, upload or otherwise transmit information or pictures that are obscene
or pornographic, threatening, menacing, racist, offensive, defamatory or otherwise
unlawful;
(b) upload files that contain software or other materials in breach of any intellectual
property rights or in breach of confidence;
(c) download any file or materials posted by another user that You know, or reasonably
should know cannot be copied or otherwise used;
(d) harass, stalk, threaten or otherwise violate the rights of others;
(e) harm or threaten to cause harm to minors;
(f) impersonate anyone else or otherwise misrepresent Your identity or status;
(g) hack into the Website or any other related computer system, make excessive traffic
demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes
or otherwise engage in any other behaviour that may reasonably be expected to inhibit
other users from using and enjoying the Website or any other site or damage or destroy
the reputation of the Operator or any third party; or
(h) collect and process others’ personal data.
5. Monitoring
The Operator accepts no obligation to monitor the use of the Website.
The Operator, however, reserves the right to disclose any information as required by law and/or
to remove, refuse to post or to edit any information or materials, to block Your
access and to take such other action as may be reasonably necessary to prevent any
breach of these terms or any breach of applicable law or regulation. The Operator
will also in its absolute discretion fully co-operate with law enforcement and other
relevant authorities with respect to any investigation of suspected unlawful activity
or violation of network security.
6. Information
6.1 Where the Website requires the User to submit information, You represent
and warrant that:
6.1.1 all information which You submit is complete, true, accurate and not misleading
nor a misrepresentation; and
6.1.2 You are lawfully entitled to provide the information and have all necessary
consent and approvals to do so and there is no legal, regulatory, contractual or
other restriction upon You providing that information.
6.2 You acknowledge that under the Regulations, a person who furnishes any information
to the appropriate Regulator
may be guilty of an offence if he knows the information
to be false or misleading in a material particular or if he furnishes such information
recklessly and it is false or misleading in a material particular.
6.3 The Operator cannot guarantee that the information You submit is secure.
7. Disclosure of Information
7.1 Subject to clauses 7.2 and 8,
information which you input onto the Website will not be disclosed by the Operator
to third parties for any purpose other than in accordance with the Regulations.
7.2 Notwithstanding clause 7.1, You consent to the Operator disclosing Your
information, without any further notice to You, as follows:
(a) where the disclosure is made
for the purposes of maintaining the Website, including disclosure to third party service providers providing development,
hosting and support services for the Website;
(b) where disclosure is made to
any Regulator or Defra;
(c) where the disclosure is made
under and in accordance with any law including, but not limited to, the Regulations,
or any requirement,
direction or instruction of a Regulator or court;
(d) where the disclosure is made to prevent or investigate fraud, money laundering
or any other unlawful activity;
(e) where the disclosure is made in the course of legal proceedings; and
(f) where the information is already in the public domain, except where that is
due to a breach of these terms .
(g) where the disclosure
is for the purpose of providing summary information regarding the information provided
on returns submitted under the Regulations.
(h) where information that the Regulators
are required to put on public registers
is licenced for re-use to third parties.
8. Your personal information
8.1 Any personal information You supply to the Operator will be processed in accordance
with the Data Protection Act 1998. You agree that the Operator may use any personal
information it holds about You in accordance with its Privacy Policy.
8.2 The information provided will be processed
by the Environment Agency and the Scottish Environmental Protection Agency or the
Environment and Heritage Service, Northern Ireland (depending on which Regulator
regulates your business) to deal with Your application, to monitor compliance with
the licence/permit/registration conditions, to process renewals, and for maintaining
the relevant public register(s).
8.3 The Regulators may also process
and/or disclose information in connection with the following:
(a) offering/providing you with our literature/services
relating to environmental matters
(b) consulting with the public, public bodies
and other organisations (e.g. Health and Safety Executive, local authorities, emergency
services, Defra) on environmental issues
(c) carrying out statistical analysis, research
and development on environmental issues
(d) providing public register information to
enquirers
(e) investigating possible breaches of environmental
law and taking any resulting action
(f) preventing breaches of environmental law
(g) assessing customer service satisfaction
and improving our service
(h) responding to requests for information
under the Freedom of Information Act 2000 and the Environmental Information Regulations
2004, where the Data Protection Act allows.
The Regulators may pass information
on to their agents/representatives to do these things on their behalf.
8.4 All information (including personal information) which You provide may be shared
by the Operator with each Regulator.
8.5 In the event that the Operator undergoes reorganisation or transfers to the
operation of the Website to someone else You agree
that any personal information the Operator holds about You may be transferred to
that reorganised entity or third party.
9. Limited access and security
9.1 Your rights to access the secure parts of the Website are limited to the level
of access You have been granted. You must not access or attempt to access any part
of the Website to which You do not have express rights of access.
9.2 From time to time You may be issued with or asked to provide a user name and
password. You will use the password only for access to those applicable pages of
the Website and not for any other purpose.
9.3.1 You must keep Your password confidential at all times, and must not disclose
the password or permit anyone else to use Your password or user name. You are responsible for the consequences, including
financial consequences, of any failure by You to do so. Any breach of any of these
terms by anyone to whom You disclose the password will be treated as if the breach
had been committed by You, and will not relieve You of Your obligations under these
terms.
9.3.2 You must notify the Operator
immediately upon becoming aware of any unauthorised use of a user name or password
or any other breach of security.
9.4 In the event of any failure or error in the operation of a password, You shall
cease using the password, exit the Website immediately, and notify the Operator
of such failure or error.
9.5 You shall cease to use and delete Your password from any of Your records upon
expiry or termination of Your right to use the Website.
9.6 The Operator reserves the right to change Your password and user name at any
time in its sole discretion.
9.7 You agree to notify the Operator promptly of any changes to Your user name and
other registration details.
10. Rights
All intellectual property rights in any material (including text, photographs
and other images and sound, trade marks and logos) contained in the Website is either
owned by the Operator or has been licensed to the Operator by the rights owner(s)
so that the Operator can use this material as part of its Website. You are only
allowed to use this Website and the material contained in the Website as set out
in these terms.
11. Disclaimer and limitation of liability
11.1.1 You acknowledge and agree that the disclaimers, limitations
and exclusions of liability set out in this clause and elsewhere in these terms
reflect the nature and function of the Website as a vehicle for enabling information
to be submitted and considered by the Regulators in carrying out their statutory
obligations.
11.1.2
The Website has not been developed to meet Your or anyone else’s
individual requirements.
11.2 Nothing in
these terms shall act to exclude or limit
the Operator's or Your liability for death or personal injury resulting from negligence,
fraud or any other liability which may not by applicable law be excluded or limited.
11.3 Subject to clause 11.2, in no event shall the Operator be liable (whether for
breach of contract, negligence or for any other reason) in connection with these terms or the Website for any loss of profits, exemplary or special
damages, loss of sales, loss of revenue, loss of goodwill or reputation, loss of or any corruption to any software
or data, loss of bargain, loss of opportunity, loss of use of computer equipment,
software or data, loss of or waste of management or other staff time, regulatory fines or penalties
under the Regulations or for any
indirect, consequential or special loss, however arising.
11.3 Subject to clauses 11.2 and
11.3, the Operator's liability to You in connection with these terms, the Website,
whether in contract, tort or otherwise
is limited to £1.
11.4 You agree that Your use of the Website is on an “as is” and “as available”
basis and that Your use of the Website is at Your sole risk. The Operator does not warrant that the Website will be free
from errors or that the Website and the related server are free from computer viruses
or other harmful applications. On that
basis, except as expressly set out in these terms, the Operator does not enter into
conditions, warranties or other terms in relation to the Website
(including any implied term relating to
quality or fitness for a particular purpose).
11.5 You agree that the obtaining of any material through the use of the Website
is carried out at Your own risk and that the Operator has no liability
to You in respect of the use of such material or the effects of such material.
11.6 The Operator cannot ensure
that information obtained from the Website will always be accurate, complete or
up-to-date or valid, but will take reasonable care that, where information is supplied,
it is an accurate copy of information held and does not accept any liability for any error or omission.
11.7 The Operator is not liable for any action You may take as a result of relying
on any information provided in this Website.
11.8 The Operator may change the format and content of the Website from time to
time. You should refresh Your browser each time You visit the Website to ensure
that You download the most up to date version of the Website.
11.9 Where the Website includes links to external sites and co-branded pages, the Operator
has included links to these sites and co-branded pages to provide You with access
to information and services that You may find useful or interesting. The Operator
does not endorse
or recommend
any products, materials, or services displayed or offered and is not responsible
for the content of those websites and pages or for anything provided by them.
12. Modification, Suspension and termination of the Website
12.1 The Website is subject to change
without notice at any time. The Operator
reserves the right at its sole discretion to make any alteration, correction or
improvement to or to withdraw or correct any error or omission in any portion of
the Website without notice.
12.2 The Operator may suspend the operation of the Website at any time for any reason which may include for repair
or maintenance work or in order to update or upgrade the contents or functionality
of the Website from time to time. Access to or use of the Website or sites linked to the Website will not necessarily be uninterrupted
or error free.
12.3 The Operator may terminate Your right to use the Website immediately in the event You breach any of these terms.
Clauses 7, 8, 10, 11, 13 and 14 shall survive termination.
13. Dispute Resolution
13.1 In the event that a dispute arises between You
and the Operator, attempts must first be made to resolve it by amicable discussion.
If the dispute is not resolved by that
means, either You or the Operator may give notice to the other requiring the dispute
to be referred for resolution. Senior executives shall use reasonable endeavours
to meet and attempt in good faith to resolve the dispute.
13.2 If the senior executives do not meet within 30
days of a notice under clause 13.1, or, if the meeting having been held, the dispute
is not resolved within a further 30 days, either You or the Operator may refer the
dispute to mediation by a mediator appointed by the Centre for Effective Dispute
Resolution under its mediation rules then in force.
13.3 The mediation will be conducted on a without prejudice
basis and in strict confidence. If, within 60 days of the reference to mediation,
the mediation has not resulted in the settlement of the dispute being reached, then
the mediation procedure shall, unless otherwise agreed, be terminated.
13.4 Nothing in these terms prevents or restricts You
or the Operator from enforcing any obligation (including suing for a debt) owed
to it under or pursuant to these terms or from applying to a Court for interlocutory
relief.
13.5 For the avoidance of doubt, the existence of a
dispute does not relieve either You or the Operator from any obligations under the
Regulations nor does it exclude or restrict or otherwise prejudice or affect any
of the rights, powers, privileges or remedies of the Regulators.
14.
General and governing law
14.1 The Website and the rights
and obligations under these terms may be transferred by the Operator to another operator in the future. You may not transfer your rights or obligations under these
terms without the Operator’s prior written consent.
14.2 The Operator may change these terms from time to time without the need to obtain Your consent and will endeavour to
notify You of any major changes by posting a message on the Website. You should
check these each time You revisit the Website.
14.3 These terms form the entire understanding of the parties and supersede all
previous agreements, understandings and representations relating to the subject
matter. If any provision of these terms is found to be unenforceable, this shall
not affect the validity of any other provision. The Operator may delay enforcing
its rights under these terms without losing them.
If the Operator waives a right this will not have the effect of waiving of any subsequent
breaches. No waiver shall be effective unless made in writing.
14.4 You agree that the Operator may sub-contract the performance of any of its
obligations without giving You notice.
14.5 No–one other than You and the Operator have any right, and is not intended to
have any right, under the Contracts (Rights of Third Parties) Act 1999 to rely on
or enforce any term of these terms, but this clause does not affect any right or
remedy of a third party which exists or is available apart from that Act.
14.6 The Operator will not be liable to You for any breach of these terms which
arises because of any circumstances which the Operator cannot reasonably be expected
to control.
14.7 These terms shall be governed and interpreted in accordance with English law,
and You consent to the non-exclusive jurisdiction of the English courts.
14.8.1
You agree that, except where the Website provides the means
of communication between us You (either using the automated processes or by email),
the Operator may deliver notices to You at Your contact address as provided by You
from time to time and held in the Website. All communications and queries
regarding this website should be directed to support@npwd.org.uk.
14.8.2 Notices sent by first class post are taken to have been delivered
on the third business day in London after they are posted and notices sent by email
or automated process are taken to have been delivered on the first business day
in London after they are sent.
© Environment Agency 31st January 2007
