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 Environment Protection Agency
and the Northern Ireland Environment Agency.
The purpose of the Website is to
facilitate the submission of applications and returns required by the Producer
Responsibility Obligations (Packaging Waste) Regulations 2007, and Producer Responsibility
Obligations (Packaging Waste) Regulations (Northern Ireland) 2007 and by The Waste
Batteries and Accumulators Regulations, 2009, [“the Regulations”]
In these terms:
The “Operator” means the Environment
Agency.
The “Regulators” means the
Environment Agency, the Scottish Environment Protection Agency or the Northern
Ireland Environment Agency, 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, registered
or approved organisation, or in the process of applying or a registered
compliance scheme, or a Regulator; and
(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; 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 or the Department for Business, Enterprise and Regulatory
Reform (BERR);
(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 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 Environment Protection Agency or the Northern Ireland Environment
Agency (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, BERR) 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
16th April 2009
