Terms and Conditions
Section 1 – Website Terms and Conditions of Use
Section 2 – Membership Benefits Terms and Conditions
Section 1. Website terms and conditions of use
- Website Operator
This website is operated by the National Biodiversity Network Trust’s (registered charity number 1082163) whose registered office is at Unit F, 14 – 18 St. Mary’s Gate, Nottingham, NG1 1PF (“NBN Trust”). The NBN Trust can be contacted by email – firstname.lastname@example.org.
2.1 NBN Trust grants you a non-exclusive licence to use this website upon the following terms and conditions.
2.2 NBN Trust may terminate this licence at any time.
- Materials in Site
3.1 This website contains material which is owned by or licensed to NBN TRUST. This material includes, but is not limited to, the structure and content of surveys, data and research results, trade marks, graphics and the design, layout, look, and appearance of the website. It is protected by intellectual property laws including, but not limited to, copyright and trade mark law, and cannot be copied or reproduced without prior permission from the NBN TRUST.
3.2 You may view, use, download and store the material on this website for personal, research and non-commercial educational use only. Commercial use is not permitted. If you are a teacher, educator or student, you may make a reasonable number of copies of materials on the website for use in your classroom (unless those particular materials are marked as “no copying permitted”), provided that you acknowledge the NBN TRUST as the source and copyright owner of the materials. Except for such limited classroom use, the re-distribution, re-publication, or otherwise making available of the material on this website to third parties without the prior written consent of NBN TRUST is prohibited. If you would like to request permission to reproduce any materials on this website, please contact email@example.com
3.3 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- Accuracy of Information
4.1 The information in this website is given in good faith and for general information and interest only. It is subject to change without notice. NBN TRUST is not responsible for any inaccuracies and (except as set out in clause 7.3) makes no representation and gives no warranty as to its accuracy.
4.2 The information in this website should not be relied on and does not constitute any form of advice or recommendation. By using this website you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility.
4.3 Apart from the sections relating to membership of NBN TRUST (“NBN TRUST Membership”) nothing on this website is intended to be nor should be construed as an offer to enter into a contractual relationship.
4.4 If you apply for NBN TRUST Membership (“Membership”):
4.4.1 The cost of Membership is as given in the relevant section of the website at the time at which you submit your application.
4.4.2 Payment for a Membership application submitted online is by credit card and Direct Debit, and all payments are handled through a secure payments system.
4.4.3 We aim to deliver any goods to which you are initially entitled as a member (‘the Goods’) to the address given on your application form within 30 days of receiving your application, but cannot give an exact delivery date. If you have not received the Goods within 30 days then you may cancel your application and we will refund any money paid by you. The cost of delivery of the Goods to you is included in the cost of Membership or is at NBN TRUST’s expense.
4.4.4 No contract will exist between you and the NBN TRUST until the NBN TRUST has notified you of acceptance of your application, received any payments due or dispatched the Goods, whichever is the later.
4.4.5 You have the right, in addition to your other statutory rights, to cancel your application for Membership within seven days of NBN TRUST receiving payment from you or you receiving the Goods from us, whichever is the later. You must notify NBN TRUST in writing within this seven day period of your wish to cancel, and must return the Goods to NBN TRUST at your own cost. NBN TRUST will refund any payments made by you in respect of your Membership within 30 days of receiving notice that you wish to cancel your Membership application.
4.4.6 If any of the Membership services or Goods that NBN TRUST provides is unsatisfactory, please contact firstname.lastname@example.org or write to us at the address given in clause 1 above. Your statutory rights are unaffected.
- Discussion Forum
5.2 By submitting a contribution to the discussion forum, you grant NBN TRUST a non-exclusive, royalty-free, perpetual licence to reject, impend or publish your contribution on the website and to use, reproduce, distribute, translate and adapt your contribution for any other purpose consistent with NBN TRUST’s charitable objectives. You agree with respect to such uses by the NBN TRUST to waive all rights that you may have in your contribution, including any moral rights that you may have under the Copyright, Designs and Patents Act 1988.
5.3 NBN TRUST reserves the right to reject, impend or publish your contributions to the discussion forum. However, you are solely responsible for the legality of your contribution and for any legal claims or liability that may arise in connection with your contribution. By submitting a contribution to the discussion forum, you confirm that your contribution is your own original work and complies with all applicable laws, including without limitation laws relating to defamation, privacy, and intellectual property rights such as copyright, trade mark and database rights. You agree to indemnify (that is, to pay in full) NBN TRUST for any expense or liability that NBN TRUST incurs as a result of the actual or alleged illegality of any contribution that you submit to the discussion forum.
6.1 This website contains links to other websites. NBN TRUST accepts no responsibility or liability for the content of other websites which are not under the strict control of NBN TRUST. Any link is not intended to be, nor should be construed as, an endorsement of any kind by NBN TRUST of that other website.
6.2 Links to material on the NBN TRUST website are permitted so long as appropriate credit is given in the link title. You may not link to images or other downloadable resources unless explicit written permission from the NBN TRUST has been sought.
7.1 NBN TRUST does not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the site.
7.2 Except as set out in clause 7.3, NBN TRUST will be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or relying on any information, data, software or other materials contained in this website, including, without limitation, as a result of any computer virus.
7.3 These terms and conditions do not exclude NBN TRUST’s liability (if any) to you for personal injury or death resulting from NBN TRUST’s negligence, for fraud or for any matter which it would be illegal for NBN TRUST to exclude or to attempt to exclude its liability.
- Jurisdiction and acceptance of these terms and conditions
10.1 This website is controlled and operated by NBN TRUST from its offices in England. The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute in relation to the materials contained in this website shall be governed by English law. The English and Welsh courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.
10.2 Your continued use of this website indicates your acceptance of these terms and conditions and any subsequent terms and conditions that may be posted here from time to time.
Section 2 MEMBERSHIP BENEFITS – TERMS AND CONDITIONS
- LICENCE FOR THE USE OF THE MEMBER LOGO
1.1. The Logos are the sole and exclusive intellectual property of NBN Trust. The Logos may be used only by current members of the National Biodiversity Network in good standing if, and only if, such use is made according to the terms and conditions of this limited and revocable licence. Any failure by a user to comply with these terms and conditions may result in the immediate revocation of this licence.
1.2. NBN LOGOS MUST NOT BE PHYSICALLY ALTERED
The Logos may not be revised or altered in any way, and must be displayed in the same form as produced by NBN Trust.
1.3. BE HONEST AND PROFESSIONAL WHEN USING NBN LOGOS
1.3.1. The Logos may be used in a professional manner on the user’s web site, business cards, stationery, literature, advertisements, shop window/reception area, or in any other comparable manner to signify the user’s membership to the National Biodiversity Network.
1.3.2. The Logos may never be used independently of the terms “MEMBER”, “DATA SHARER”, or “CHAMPION”.
1.3.3. Logos may not be used in any manner that discredits NBN or tarnishes its reputation and goodwill; is false or misleading; violates the rights of others, any law, regulation, or other public policy; or mischaracterises the relationship between NBN and the user, including but not limited to any use of the Logos that might be interpreted as an endorsement, approval, sponsorship, or certification by NBN of the user, the user’s business or organization, or the user’s products or services, or that might be interpreted as support or encouragement to purchase or utilise the user’s products or services.
1.4. NBN LOGOS ARE NBN TRUST PROPERTY
1.4.1. Use of the Logos shall create no rights for users in or to the Logos or their use beyond the terms and conditions of this limited and revocable licence.
1.4.2. NBN Trust reserves the right to request samples of use of the Logos in order to determine compliance with these terms and conditions.
1.4.3. Without further notice, NBN Trust reserves the right to prohibit use of the Logos if it determines that a user’s Logo usage, whether wilful or negligent, is not in strict accordance with the terms and conditions of this license, otherwise could discredit NBN Trust or tarnish its reputation and goodwill, or the user is not a data supporter, gold, silver, bronze or diamond member, business partner, or individual member in good standing.
1.4.4. NBN Trust may revoke this licence for non payment of subscription fees or any reason it sees fit upon written notification to you.
1.5. Use of any Logo indicates your consent to the interpretation of this Logo licence agreement.
- FREE DATA PROVIDER MEMBERSHIP
2.1. Free membership is available to organisations directly supplying data to the NBN Atlas and can be applied to Supporter Membership only. The applicant and the data and must meet the following criteria:
2.1.1. The turnover of the applicant’s organisation must not exceed £300,000* per annum. NBN Trust reserves the right to request a copy of the organisation’s annual accounts to support the application.
2.1.2. The applicant’s organisation must have successfully supplied data to the NBN Atlas directly.
2.1.3. The dataset should normally contain at least 10,000 records unless it is a specialised dataset concerning BAP, Scarce or Priority species.
2.1.4. The metadata, contact details and organisational information pages on the NBN Atlas must be kept current and updated within 28 days of any changes.
2.1.5. Apart from ‘closed’ or historic datasets, dataset providers must update their datasets on the NBN Atlas at least annually.
2.1.6. Applications made for better access to the dataset administrator must be responded to within two months of sending the request in accordance with the Environmental Information Regulations.
2.2. This free membership can be withdrawn at any time without prior notice for any reason NBN Trust sees fit upon written notification. This discount has no cash alternative, is non-refundable and non-exchangeable.
2.3. The NBN Trust reserves the right to refuse free membership to any organisation or individual it feels does not fully support the objects of NBN Trust as laid down in its Articles of Association.
* By exception Supporter level membership could be given for free to small recording organisations whose records subsequently appear on the NBN Atlas. This will only apply to those organisations that are not a legally constituted body and as such have zero income.
- DISCOUNTED DATA PROVIDER MEMBERSHIP
3.1. A 50% discount can be applied to subscription fees for Bronze, Silver and Gold membership on the provision of data directly to the NBN Atlas under the following conditions:
3.1.1. The metadata, contact details and organisational information must be current and updated within 28 days of any changes.
3.1.2. Apart from ‘closed’ or historic datasets, data providers must update their datasets on the NBN Atlas at least annually.
3.1.3. Applications made for better access to the dataset administrator must be responded to within two months of sending the request.
3.2. The NBN Trust reserves the right to refuse discounted membership to any organisation it feels does not fully support the objects of NBN Trust as laid down in its Articles of Association.
3.3. The data provider discounts above are only available to those submitting data directly to the NBN Atlas in recognition of the level of data management needed to publish data in this way. However the NBN will give a discretionary 20% discount on the supporter level membership to data providers who have contributed data to a dataset held on the NBN Atlas.
- OTHER DISCOUNTS
4.1. Free and discounted membership may be awarded to sponsors of the NBN annual conference for a term of one year subject to approval by the Board of Trustees of NBN Trust and such membership agreements are exempt from the constraints outlined in section 2 and 3 of these terms and conditions.
4.2. Membership awarded to sponsors as outlined in 4.1 can be applied to all levels of membership with the exception of Affiliate level for a period of one year only. On expiry, membership will be automatically renewed and the full fee applied unless formal resignation has been received as laid out in the Rules and Standing orders of NBN Trust.
5.1. NBN Trust reserves the right to revoke any membership benefit for any reason it sees fit upon written notification to you.
5.2. A completed application form for membership is deemed an acceptance of these terms and conditions.