Quality Compost website and software application Terms and Conditions
1. Access agreement between users of the qualitycompost.org website ("the Website") and WRAP.
The Website and software application is owned by WRAP and operated by The Composting Association.
As a user of the Website you acknowledge that any use of the Website is subject to our terms and conditions below (referred to as the "Conditions").
2. Operator details
The Website is operated by The Composting Association (called TCA in this agreement), of 3 Burystead Place, Wellingborough, Northamptonshire, NN8 1AH. TCA can be contacted by post at 3 Burystead Place, Wellingborough, Northamptonshire, NN8 1AH or you can reach us by e-mail at emily@compost.org.uk.
3. Intellectual Property Rights
All of the Website logos are the property of WRAP or TCA and unauthorised use is strictly prohibited. Other product and company names mentioned on the Website or other websites or services accessed through the Website may be the trademarks of their respective owners. All contents of the Website including this access agreement are copyright WRAP, are protected by database rights and may also be protected by other means.
No part of the Website may be reproduced in any form whether electronically or otherwise without the prior written consent of WRAP, other than in the cache of your computer in the course of using the Website.
You shall not use, modify, transmit, distribute, reverse engineer or in any way exploit copyright or proprietary materials available on this Website, except as expressly permitted herein or by the respective owner of such material.
4. Data protection
TCA processes data under the Data Protection Act 1998 and will at all times adhere to the data protection principles outlined in the Data Protection Act 1998. Please see our privacy policy for further details.
By giving any personal details via this Website you are deemed to consent to use of such details you give for TCA's internal administrative purposes. Without limit on what we agree in the rest of this agreement you understand that the data TCA holds might be assigned to a third party. Data may be transmitted outside the European Economic Area. If you give fax, phone, text or e-mail details you authorise TCA or its associates, or anyone given permission by TCA, to contact you using that method, including contacting you for marketing purposes. If you decide that you no longer wish us to communicate with you, or the details we hold on you change, please tell us so we may update our records.
From time to time the Website, or the adverts on it, might use cookies, web bugs or other means to gather information from visitors to the Website. Most internet browsers will allow you to change your settings to restrict the use of this technology.
5. Download times
To make the site as user friendly as possible we may from time to time use software other than standard HTML web pages. This may mean that you will need to download additional software onto your machine (such as Flash or Adobe Acrobat). Without limitation to the rest of this agreement you understand that:
1. in the UK the time it takes to download the software and the time it takes to access this type of file after you have installed the software can be longer than in the US where most of the software originates. This means not only that it might take longer to see the information you want but also that if you are paying for internet connection time or the telephone line to access the internet it might cost you more
2. whilst WRAP makes every practical effort to make its site accessible to all some software may not be compatible with other access technology;
Use of any software available for downloading from the Website is governed by the terms of any applicable licence accompanying or included with the software.
6. Limitation on types of use
You may not use the Website for anything other than the purposes outlined in this access agreement and you may not use spiders or other robotic software tools to gather information from the Website or use any applications which could lead to harm to the Website. You may not use or link to the Website in a manner which suggests an association with the Website, WRAP or TCA without WRAP's prior written consent.
7. Liability disclaimer
Please read carefully as this clause limits your ability to claim damages
The main purpose of the Website is to provide a recording tool to users in relation to quality compost.
You should note however that WRAP does not give any warranty that any information will be accurate or up-to-date and the user acknowledges that the information and services offered on the Website is offered on an "as is" basis and reliant on data inputted by third parties also using the site. In particular, and without limitation to the rest of this agreement, WRAP is not able to guarantee that its service will continue or be accurate during time of server failure.
Information contained in, or accessible via, the Website changes on a regular basis. WRAP may make improvements or alterations to the Website at any time and without notice. WRAP is not responsible in any way whatsoever for the content of any site accessed using the Website, nor can it warrant that use of the Website will be free from virus contamination and you should take adequate steps to ensure that you virus check regularly when using the Website on any device.
WRAP makes no representations about the suitability of the information and services contained on, or accessed via, the Website for any purpose. All warranties, terms and conditions with regard to this information and services, including all warranties, terms and conditions, implied by statute, collaterally or otherwise, of satisfactory quality, fitness for a particular purpose, title, and non-infringement are excluded to the fullest extent permitted by law.
WRAP shall not in any event be liable for any damages (whether indirect, incidental, special, consequential or otherwise) arising out of, or in any way connected with, the use of the Website, or with any delayed access to, or inability to use the Website, or for any information and services obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability or otherwise, even if WRAP has been advised of the possibility of damages. This does not affect the statutory rights of any person dealing as a consumer nor shall anything in these terms and conditions exclude or limit liability for death or personal injury caused by negligence or for fraudulent misrepresentation.
8. Links to third-party sites
The Website may contain hyperlinks to websites operated by parties other than WRAP. These hyperlinks are provided for reference only. WRAP does not control these websites and is not responsible for their contents.
A reference or link on this site to any persons, products, websites or services does not constitute or imply their endorsements, recommendation or favouring by WRAP.
No hyperlink may be added to the Website without WRAP's prior written consent.
WRAP reserves the right to remove any hyperlink at any time and without notice and shall not be obliged to give a reason for doing so. If you become concerned about the content of a site linked to or from the site (or anything on the site), please inform TCA immediately via e-mail to emily@compost.org.uk. If your complaint is about unsuitable content you may also consider reporting the matter to the Internet Watch Foundation who can be contacted via their website at http://www.iwf.org.uk/.
9. Messages from TCA
Any e-mail or other form of communication between representatives of TCA and other parties will be deemed covered by the terms of this agreement.
10. Other general terms
This agreement is governed by the laws of England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
This agreement and the Privacy Policy constitute the entire agreement between you and WRAP with respect to the Website and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and WRAP with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You will be responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Website.
11. Variation of these terms and conditions
WRAP reserves the right to change the terms, conditions, and notices under which the Website is offered. We will do this by altering the access agreement on the Website and this alteration will then be of immediate effect. For this reason you should regularly visit the access agreement on the Website as the current version will be binding on you.
Last updated: 14 June 2007