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NBN Gateway Terms and Conditions

IMPORTANT: By using this site you are agreeing to be bound the following Gateway Terms & Conditions and our Privacy Policy. The Gateway Terms & Conditions govern the way you can use the NBN Gateway Website Services and any material, data and/or information made available to you through them. Please read them carefully.

We may change these Gateway Terms & Conditions, or our Privacy Policy at any time without giving you notice, so please check them each time you visit this website. Additionally, any Data Provider may add, change or remove Specific Terms of Access and/or Use for a dataset they administer on the NBN Gateway at any time without giving you notice, so please check these within the Metadata provided for any dataset each time you access and use them.


Contents

  1. Use of the NBN Gateway
  2. Use of material, data and/or information
  3. Accuracy of Information and Disclaimer
  4. Data Protection and Privacy
  5. Third Party Goods and Services and Links
  6. Our Liability
  7. General
  8. Further Information

Use of the NBN Gateway

  1. The NBN Gateway website is an Internet based data delivery service. The site is available for use by anyone to make biodiversity data that they hold available for others to view and use in line with these Gateway Terms & Conditions. Each data provider controls the level and type of access granted to different users. Anyone can register on the NBN Gateway and may as a result be awarded higher levels of access.

  2. You must not use or attempt to use any of the information on this site deliberately to damage the natural environment.

  3. You must not use any of the personal data made available to you on this website for any purpose other than:

    • in the case of individuals who made a particular record, to verify the details of that wildlife record and/or to acknowledge them as the respective creator, and,
    • in the case of an individual administering a dataset, to contact them directly to request greater access, further information and/or support.
  4. You must not pass on or share your NBN Gateway User Name or Password.

  5. You must not try to circumvent the security features of this website, or tamper with, hack into, or in some other way disrupt or disable any computer system, server, website, router or other device used to host this site or make it available.

Use of material, data and/or information

  1. All material, data and/or information on this website are protected by copyright, database rights and other intellectual property rights. If you access and use any of the material, data and/or information made available to you on this site, you do so subject to these Gateway Terms & Conditions.

  2. The material, data and/or information you access may be subject to Specific Terms of Access and/or Use imposed by the Data Provider. Where Specific Terms of Access and/or Use have been identified for a dataset they are provided within the "Access Constraint" and/or "Use Constraint" field of the Metadata for that dataset. If there is any conflict or inconsistency between these Gateway Terms & Conditions and the Specific Terms of Access and/or Use, the latter will prevail, but only in relation to the particular material, data and/or information restricted by those Specific Terms of Access and/or Use, and only to the extent necessary to resolve that conflict or inconsistency.

  3. Under these Gateway Terms & Conditions you are permitted to view and download any material, data and/or information that Data Providers allow you to access on this website for your own private use or for use in the ordinary course of your business provided that use is in accordance with these Gateway Terms & Conditions.

  4. You must acknowledge the contribution of the relevant Data Providers in any derived information product or publication, whether printed, electronic or broadcast, that is based wholly or in part on the material, data and/or information they make available to you. Where you make specific use of or reference to a particular wildlife record you must acknowledge the Original Recorder [where their name is made available].

  5. Data Providers may restrict the availability of some or all parts of the material, data and/or information they supply for a variety of reasons using the Access Administration Controls on the NBN Gateway. If you are granted access to restricted information you must not disseminate, deliberately compromise or otherwise infringe the confidentiality of such information without first obtaining written permission from the relevant Data Provider. Any published interpretations or representations you make based on the information must be equivalent to the level of information available to non-registered users on this website.

  6. You may not make any financial profit from use of the material, data and/or information on this website or from any products you derive without first obtaining written permission from the relevant Data Provider.

  7. You may not republish wholesale the material, data and/or information made available to you, or exploit it for commercial or academic research purposes (unless stated by the standard license) without first obtaining written permission from the relevant Data Provider [the contact details of which are provided within the metadata of the relevant dataset].

  8. Datasets with a standard data license (OGL, CC-BY, CC-BY-NC, etc) are governed by the particulars of the data license. These licenses override sections 2 to 7 of the 'Use' section of the NBN Gateway Terms and Conditions.

  9. Any information product or publication that you make which contains any part of the material, data and/or information made available to you via this website must contain a statement that the Data Provider, Original Recorder [where identified], and the NBN Trust bear no responsibility for any further analysis or interpretation of that material, data and/or information.

  10. Any use of Ordnance Survey map images must be acknowledged as follows: © Crown copyright and database rights 2011 Ordnance Survey [100017955]

Accuracy of Information and Disclaimer

  1. We try to ensure that any material, data and/or information on this website that has not been supplied by a third party is accurate, but we make no representation and give no warranty that any material, data and/or information is accurate, up to date or complete. We accept no liability for any loss or damage caused by inaccurate, out of date or incomplete material, data and/or information.

  2. Data Providers take steps to maximise the quality of the material, data and/or information they make available to you through the NBN Gateway but give no warranty that it is accurate, up to date or complete. Furthermore Data Providers accept no liability for any loss or damage caused by inaccurate, out of date or incomplete material, data and/or information.

  3. You should independently verify any material, data and/or information on this website before relying upon it. The material, data and/or information on this site are not intended to address any particular requirements; they do not constitute any form of advice or recommendation by the NBN Trust and are not intended to be relied upon when making [or refraining from making] any decision.

  4. If you find any inaccurate, out of date or incomplete material, data and/or information on this website, or if you suspect that something is an infringement of intellectual property rights, you must let us know immediately by contacting the NBN Trust [gateway@nbn.org.uk] or the Data Provider of the material, data and/or information to which the issue relates.

  5. The material, data and/or information available on this website are not substitutes for the exercise of professional judgement. If you are not qualified or experienced enough to make that judgement, you should take professional advice or contact the relevant Data Provider for further information and advice.

  6. You are responsible for ensuring that your computer systems are suitable to access and use this website. We do not warrant that any material available through this website will be free from viruses or other code that might be harmful. You are responsible for implementing sufficient anti-virus and other security checks to ensure the accuracy of data input and output.

Data Protection and Privacy

  1. We want to protect the privacy of visitors to our website and that of our customers and individual members. Please read our Privacy Policy ; it will help you to understand how we use your personal data. We may change our Privacy Policy at any time without giving you notice, so please check it each time you visit this website.

  2. Whenever you give us personal data, you are consenting to its collection and use in accordance with our Privacy Policy .

  1. Any opinion, advice, statement, service, offer, or information or material given or made by any third party on this website, or on any site to which this website is linked, is that of the author or provider, and not of the NBN Trust. We do not endorse, and we are not responsible for, the accuracy or reliability of, any such opinion, advice, statement, service, offer, information or material.

  2. Where material, data and/or information on this website have been supplied by a third party, we do not control or endorse them in any way. All material, data and/or information supplied by third parties are made available in good faith but we do not (to the extent allowed by the law) accept responsibility for their accuracy or use.

  3. We make no representation and give no warranty about any other websites or any opinion, advice, statement, offer, information or material on them. We have no control over their content or availability. We will not be liable for any loss or damage caused by or in connection with any use of, or reliance on, any information, materials, goods or services available on or through any other website.

  4. Any concern about any link to another website should be directed to that site's website administrator or web master.

Our Liability

  1. We provide much of the information, data and material on this website free of charge. Whether not we charge for it, it is provided on the basis that the NBN Trust has no liability for that information, data or material.

  2. We have no liability for the inability of anyone to access this website or any information or material on it, and we do not warrant that this site will operate without interruption.

  3. We are not responsible for, and will have no liability for, any error or corruption or breach of security resulting from the transmission of any information or material over any telecommunications network.

  4. We do not exclude or limit our liability for death or personal injury caused by our negligence or for any fraud on our part, or for any liability that cannot be excluded by law.

  5. Subject to Condition 6.4, we will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue, goodwill or data, lost or wasted management time or the lost time of other employees arising from your use of this website or any information or material on it, or your inability to use it [whether that loss is direct or indirect].

  6. All warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise [including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose] are excluded to the fullest extent allowed by law by the NBN Trust and the data owners and suppliers.

  7. If the use of any information or material on this website is unlawful in any jurisdiction (because of your nationality, residence or for some other reason), that information or material is not offered. If you are outside the United Kingdom you must satisfy yourself that you are lawfully able to use any such information and materials. We accept no liability, to the extent allowed by the law, for any costs, losses or damages resulting from or related to the access or attempted access of any information or materials by anyone outside the UK.

General

  1. No delay, neglect or forbearance on the part of the NBN Trust in enforcing any of these Gateway Terms & Conditions will be, or be deemed to be, a waiver. Nor will it prejudice any right of the NBN Trust.

  2. If any of these Gateway Terms & Conditions is [for any reason] held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will not affect the remainder of these Gateway Terms & Conditions; and they will continue in full force and effect.

  3. These Gateway Terms & Conditions are governed by English law and you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales. The place of performance will be England.

  4. No addition to or modification of any provision of these Gateway Terms & Conditions will be binding on NBN Trust unless made in writing and signed by their duly authorised representatives. "Writing" includes by e-mail.

Further Information

  1. This is the website of the National Biodiversity Network Trust [NBN Trust], a company registered in England, under number 3963387 and registered with the Charity Commission under number 1082163.

  2. Our registered office is at:

    Broadway Business Centre 32a Stoney Street, The Lace Market, Nottingham, NG1 1LL, United Kingdom.

  3. If you wish to raise any query, please contact "gateway@nbn.org.uk"