National Packaging Waste Database - Terms for use of Website
The site (the "Website") is operated by the Environment Agency on behalf
of itself, and, in respect of those organisations they regulate, the Scottish Environment
Protection Agency (SEPA), the Northern Ireland Environment Agency (NIEA), the
Department for Business, Innovation and Skills (BIS) and Natural Resources Wales (NRW).
The purpose of the Website is to facilitate the submission of applications and returns required by the Producer Responsibility Obligations (Packaging Waste) Regulations 2007, the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007, the Waste Batteries and Accumulators Regulations, 2009, [“the Regulations”] and the Waste Electrical and Electronic Equipment Regulations 2013.
In these terms:
The “Operator” means the Environment Agency.
The “Regulators” means the Environment Agency, the Scottish Environment Protection
Agency (SEPA), the Northern Ireland Environment Agency (NIEA), the Department for
Business, Innovation and Skills (BIS), Natural Resources Wales (NRW) as the case may be
Users of the Website are referred to as "Users", as well as "You"
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, registered or approved organisation,
or in the process of applying or a registered compliance scheme, or a Regulator;
(b) only be used for the purposes 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 authorised by a Regulator.
2.3 Although this Website provides a facility to submit applications and statutory
returns to the relevant Regulator, You remain entirely responsible for complying
with the Regulations and the Operator is not responsible for any failure to comply
with the Regulations. Any information submitted through the Website will be transmitted
electronically, to the relevant Regulator
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;
(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
(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.
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.
6.1 Where the Website requires the User to submit information, You represent and
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 or BIS;
(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 licensed 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
8.2 The Environment Agency, SEPA, NIEA, BIS or NRW, (depending on which regulator you
have applied to) will process the information you provide so that they can:
(a) deal with Your application;
(b) make sure You keep to the conditions of the licence, permit or registration;
(c) process renewals; and
(d) keep the public registers up to date.
8.3 The regulators may also process or release the information to:
(a) offer You documents or services relating to environmental matters;
(b) consult the public, public organisations and other organisations (for example,
the Health and Safety Executive, local authorities, the emergency services, the
Department for Environment, Food and Rural Affairs) on environmental issues;
(c) carry out research and development work on environmental issues;
(d) provide information from the public register to anyone who asks;
(e) prevent anyone from breaking environmental law, investigate cases where environmental
law may have been broken, and take any action that is needed;
(f) assess whether customers are satisfied with our service, and to improve our
(g) respond to requests for information under the Freedom of Information Act 2000
and the Environmental Information Regulations 2004 (if the Data Protection Act allows).
The regulators may pass the information on to their agents or representatives to
do these things for us.
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
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.
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
11.1.2 The Website has not been developed to meet Your or anyone else’s
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
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
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
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
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
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 email@example.com.
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 3rd March