Terms and Conditions

1. Definitions

1.1. Client: a party instructing the Customer to access the Product
1.2. Confidential Data: data marked as confidential in the Product
1.3. Contract: the agreement between the Customer and GLNP that is subject to these terms
1.4. Customer: the individual engaging GLNP to provide the LERC service
1.5. Data Providers: third parties who make data available for use by LERC
1.6. GLNP: the Greater Lincolnshire Nature Partnership, an unincorporated partnership which provides the LERC service
1.7. Intended use: the purpose for which the Product is requested
1.8. LERC: the Lincolnshire Environmental Records Centre, a service provided by the GLNP
1.9. LERC Search: the website by which a Customer accesses standard Products from LERC data
1.10. LWT: the Lincolnshire Wildlife Trust, the host organisation of the GLNP
1.11. Order: transactions providing a Product
1.12. Product: the data and reports provided by LERC
1.13. Suitable Recipient: a bone fide user of the Product, deemed as such by the GLNP

2. Contract

2.1. The GLNP may modify these terms and conditions from time to time.
2.2. The GLNP will notify LERC Search Customers that engage the GLNP online or via email about changes to terms and conditions via the email address provided by the Customer. LERC Search Customers will be deemed to have accepted the new terms and conditions by their subsequent use of LERC Search.
2.3. The GLNP will present Customers that engage GLNP for the LERC service in any other manner the terms and conditions before each Order. The Customer will be deemed to have accepted the new terms and conditions by providing their confirmation to proceed with the Order to GLNP.

3. Orders

3.1. The GLNP will be entitled to make details of Customers, Orders and Products (including, but not limited to, Customer company, Customer name, Customer email address, location of Order, date of Order) to Data Providers. Data Providers will be permitted to make contact with the Customer with regard to the Order and its Intended Use.

4. Customer obligations

4.1. The Customer will not share or disclose login credentials for LERC Search to any other party.
4.2. The Customer will acknowledge LERC in any report that references or makes reference to the Product.
4.3. The Intended use will be within the ordinary course of the business of the Customer.

5. Product

5.1. Data provided in the Product may have been reformatted or altered from that provided by Data Providers.
5.2. Presence of a species or habitat record does not imply current presence of the species or habitat.
5.3. Absence of a species or habitat record does not imply absence of the species or habitat
5.4. Negative or zero abundance species records do not imply absence of the species.

6. Fees1

6.1. As the GLNP is hosted by the LWT all payments must be made out to the LWT and notifications will be received from the LWT.
6.2. If the Customer has an account all invoices will be paid within 30 days of the invoice date. If the Customer does not have an account payment is required before the Order can be processed.
6.3. For the avoidance of doubt, if the Customer has a separate service level agreement with the GLNP and the LERC service is included in that service level agreement, the fees for the LERC service will be included in the terms for the service level agreement.

7. Use of the Product

7.1. Permission to use the Product expires 12 months following supply.
7.2. No transfer of intellectual property rights in the Product is undertaken by this Contract. To be specific; the data and any copyright remains the property of GLNP, its licensors and/or the data providers (as applicable), and the data products and services remain the copyright of GLNP.
7.3. Subject to these terms and conditions, the Customer is granted a non-exclusive, non-transferrable right to access and store the Product for the Intended use.
7.4. The Product will not be used with respect to any other (adjacent or otherwise) location or project.
7.5. The Product is made up of data from multiple Data Providers and it is up to the Customer to decide if the data is relevant and suitable for the Intended use.
7.6. No copies of the Product will be made for use by third parties excepting that the Report may be made available on Local Authority planning portals and to any Client.
7.7. Use of LERC Search is limited by a fair use policy. If the GLNP deem a Customer to exceed fair use, the GLNP may restrict the Customers access to LERC Search and contact the Customer to discuss alternative methods of accessing the Product.
7.8. The Customer will not derive any product or report from the Product but may make reference to the contents of the Product subject to Conditions 4.2 and 8.1.
7.9. The Customer will not amend the Product in anyway except to allow for the provisions of Condition 7.3.

8. Confidentiality

8.1. Confidential Data must not be published in any report or appendix and must not be released, in any format.  This restriction shall not apply to any information which was in the public domain on the date of the contract between the Customer and the GNLP or any disclosure required by law or a regulatory authority, or to the Customer's professional advisers, officers or employees provided that the Customer ensures that such recipients undertake to the Customer to comply with the same duties of confidence.  The Customer will consult the GLNP for any queries regarding dissemination of Confidential Data.
8.2. Confidential Data must be kept secure from unauthorised access, loss or disclosure with all reasonable steps taken to ensure the security of the Confidential Data.

9. Refunds

9.1. In accordance with Regulation 37 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Regulations") in accepting these terms and conditions, the Customer hereby gives his/her express consent to the beginning of the performance of the digital content before the end of the 14 day cooling-off period referred to in regulation 30 of the Regulations that would otherwise apply. In giving this consent, the Customer hereby acknowledges that their right to cancel this contract that might otherwise apply under Regulation 29 of the Regulations is lost.

10. Liability

10.1. The GLNP, LWT or Data Providers will not be liable for any damages or other loss due to errors in the Product regardless of cause or in misinterpretation of the Product.

11. Suspension and Termination

11.1. The Contract will commence on submission of an Order, or in the case of LERC Search Customers on Customer registration.
11.2. If the Customer has an account and fails to pay any invoice, the LWT will be entitled to refuse any further Orders and remove the Customer from account terms.
11.3. The GNLP and LWT may terminate this Contract at any time in the event of a material breach by the Customer and such breach is not remediable, or in the event of any other breach which is not remedied within 14 days of serving written notice of such breach on the Customer.
11.4. On Suspension or termination of this Contract Conditions 4.1, 4.2, 4.3, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 8.1, 8.2, 10.1 will continue to apply.
11.5. For whatever reason, if the Customer is no longer deemed to be a Suitable Recipient, access to the Products will be immediately halted.

12. Privacy

12.1. The GLNP is an unincorporated Partnership hosted by the LWT. As such, the LWT Privacy Policy applies to all the work of the GLNP including LERC and LERC Search.

13. General

13.1. The GLNP, LWT or Data Providers will not be liable for any errors or delays in transmission of the Product for reasons beyond the GLNP, LWT or Data Providers control.

14. Entire Agreement

14.1. This Contract and the LWT Privacy Policy constitute the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.

15. Severance

15.1. If any provision of this Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Contract shall not be affected.
15.2. If any provision of this Contract (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.

16. Third party rights

16.1. A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999.

17. Governing Law

17.1. This Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
17.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Contract.

1The current fee is £110 plus VAT for LERC Search. Custom searches are quoted individually.

Version 2, October 2018