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    Defra Data Services Platform

    This page explains the terms and conditions for using this site, our linking policy and the disclaimers attached to the information 

     

     

     

    Terms and conditions

    This page and any pages it links to explain terms of use. You must agree to them to use the services made available through these web pages.

    Who we are

    The Data Services Platform is owned by the Department for Environment, Food and Rural Affairs (Defra) and is managed by the Environment Agency, which will be referred to as ‘we’ from now on. The web pages and the services they operate will be referred to as ‘the site’.

    Using the site

    You agree to use the site only for lawful purposes. You must also use it in a way that doesn’t infringe the rights of, or restrict or inhibit the use and enjoyment of, the site by anyone else.

    We update the site all the time. We can change or remove content at any time without notice

    The site is maintained for your personal use.

    Content and data on the site is published under the Open Government Licence (OGL), unless we indicate otherwise. Some content is exempt from the OGL - check the list of exemptions.

    Logos and trademarks are exempt from the OGL, except when it forms an integral part of a document or dataset and are not licensed.

    Contact us at enquiries@environment-agency.gov.uk if you want to reproduce a piece of content but aren’t sure if it’s covered by the OGL.

    We make most of the content on our pages available through feeds for other websites and applications to use. The websites and applications that use our feeds aren’t our products, and they might use versions of our content that have been edited and stored for later use (‘cached’).

    Services and transactions

    You can use the site to access certain online services and transactions,.

    Some services have their own terms and conditions which also apply - read these before you use the service. Please see further details in the Annex

    Some services require you to register with us.  This might be to access and download certain data or to be able to make your own input.

    Your Registration Account

    If you register with us as a “Registered user” we will use the information you provide us when you register to:

    • provide you with log-in details;
    • contact you regarding the site or service you have registered to use;
    • populate your user profile (your “Profile”); and
    • any other uses required by law.

    Registered Users will be provided with log in details which includes a password when they register. You must treat your log in details as confidential information. You must not disclose them to any third party.  If you know or suspect that anyone other than you knows your user identification and password, you must promptly notify us at enquiries@environment-agency.gov.uk.

    We have the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

    If you disclose your user name and password to any third party and they breach any terms of these Terms of Use (including the Contribution and Acceptable Use Policy and Cookie Policy) whilst using your login user name and password, you will be liable for the breach as if you had committed it yourself

    Linking to the Site

    We welcome and encourage other websites to link to the Site.

    You must contact us for permission if you want to either:

    • charge your website’s users to click on a link to any page on the site
    • say your website is associated with or endorsed by the Data Services Platform or another government department or agency

    Disclaimer

    While we make every effort to keep GOV.UK up to date, we do not provide any guarantees, conditions or warranties that the information will be:

    • current
    • secure
    • accurate
    • complete
    • free from bugs or viruses

    We do not publish advice on GOV.UK. You should get professional or specialist advice before doing anything on the basis of the content.

    We’re not liable for any loss or damage that may come from using GOV.UK. This includes:

    • any direct, indirect or consequential losses
    • any loss or damage caused by civil wrongs (‘tort’, including negligence), breach of contract or otherwise
    • the use of GOV.UK and any websites that are linked to or from it
    • the inability to use GOV.UK and any websites that are linked to or from it

    This applies if the loss or damage was foreseeable, arose in the normal course of things or you advised us that it might happen.

    This includes (but is not limited to) the loss of your:

    • income or revenue
    • salary, benefits or other payments
    • business
    • profits or contracts
    • opportunity
    • anticipated savings
    • data
    • goodwill or reputation
    • tangible property
    • intangible property, including loss, corruption or damage to data or any computer system
    • wasted management or office time

    We may still be liable for:

    • death or personal injury arising from our negligence
    • fraudulent misrepresentation
    • any other liability which cannot be excluded or limited under applicable law

    Requests to remove content

    You can ask for content to be removed from GOV.UK. We’ll remove content:

    • in order to comply with data protection legislation covering the rights and freedoms of individuals
    • if it breaches copyright laws, contains sensitive personal data or material that may be considered obscene or defamatory

    Contact us to ask for content to be removed. You’ll need to send us the web address (URL) of the content and explain why you think it should be removed. We’ll reply to let you know whether we’ll remove it.

    We remove content at our discretion in discussion with the department or agency responsible for it. You can still request information under the Freedom of Information Act and the Data Protection Act.

    Information about you and your visits to our pages

    We collect information about you in accordance with our privacy policy and our cookie policy. By using the Site, you agree to us collecting this information and confirm that any data you provide is accurate.

    Virus protection

    We make every effort to check and test our pages for viruses at every stage of production. You must make sure that the way you use our pages doesn’t expose you to the risk of viruses, malicious computer code or other forms of interference which can damage your computer system.

    We’re not responsible for any loss, disruption or damage to your data or computer system that might happen when you use our content or data.

    Viruses, hacking and other offences

    When using our content or data, you must not introduce viruses, trojans, worms, logic bombs or any other material that’s malicious or technologically harmful.

    You must not try to gain unauthorised access to our content or data, the server on which it’s stored or any server, computer or database connected to it.

    You must not attack the site in any way. This includes denial-of-service attacks. We’ll report any attacks or attempts to gain unauthorised access to our servers to the relevant law enforcement authorities and share information about you with them.

    Governing law

    These terms and conditions are governed by and construed in accordance with the laws of England and Wales.

    Any dispute you have which relates to these terms and conditions, or your use of the site (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales.

    General

    We might decide not to exercise or enforce any right available to us under these terms and conditions. We can always decide to exercise or enforce that right at a later date.

    Doing this once won’t mean we automatically waive the right on any other occasion.

    If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will still apply.

    Annex – Specific Provisions

    Using Spatial and Partner Data Catalogues

    When you download a dataset we will always indicate whether it is Open Data or subject to different terms and conditions and specific metadata and you should check this.

    Using Reuse of Flooding from Surface Water

    Terms of Use

    This page (taken with the documents and pages it refers to) tells you the terms of use which you agree to when you use Risk of Flooding from Surface Water. Risk of Flooding from Surface Water is managed by the Environment Agency and its contractor Landmark (and referred to as ‘we’ from now on).

    Using Risk of Flooding from Surface Water

    Risk of Flooding from Surface Water is maintained for your personal use.

    You agree to use this site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this site by any third party.

    We aim to update our site regularly, and may change the content at any time.

    By using this site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

    Linking to and from Risk of Flooding from Surface Water

    We welcome and encourage other websites to link to the information that is hosted on these pages, and you don’t have to ask permission to link to Risk of Flooding from Surface Water.

    However, we don’t give you permission to suggest that your website is associated with, or endorsed by, Risk of Flooding from Surface Water.

    Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

    Using Risk of Flooding from Surface Water content

    Risk of Flooding from Surface Water operates as a data portal for accessing specific data and will identify the relevant licence applicable when you select the data to download.

    When you download data please check to see if there is any abstract or metadata available on DATA.GOV.UK which provide information about the data and will also advise you of any needs to attribute ownership or whether there are any conditions of use.

    The material featured on this website is subject to copyright protection unless otherwise indicated. Where the relevant data is marked as Crown Copyright you can read the Crown Copyright page for more information.

    In addition, we make much of our information available through feeds to third parties for use on websites or other applications. Please be aware, however, that these are not our products. These applications may use versions of our information and guidance that has been edited or cached. The most up-to-date version of our information will always be that available on the Risk of Flooding from Surface Water website. We don’t provide any guarantees, conditions or warranties as to the accuracy of any such third-party products and do not accept liability for loss or damage incurred by users of such third-party products under any circumstances.

    Disclaimer

    While we make every effort to keep Risk of Flooding from Surface Water up to date, we don’t provide any guarantees, conditions or warranties as to the accuracy of the information on the site.

    We don’t accept liability for loss or damage incurred by users of the website, whether direct, indirect or consequential, whether caused by tort, breach of contract or otherwise, in connection with our site, its use, the inability to use, or results of the use of our site, any websites linked to it and any materials posted on it. This includes loss of:

    • income or revenue
    • business
    • profits or contracts
    • anticipated savings
    • data
    • goodwill
    • tangible property
    • wasted management or office time

    This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

    Requests to remove content

    In special cases, you can ask for content to be removed from Risk of Flooding from Surface Water, eg if it breaches copyright laws, contains sensitive personal data or includes material that may be considered obscene or defamatory.

    Use the Contact Us details provided giving the web address (URL) of the content you’d like removed and why. We’ll acknowledge your request and let you know what’s going to happen.

    Content removal is at our discretion in discussion with the department or agency responsible for the content. This policy doesn’t affect your statutory rights to request information, including the Freedom of Information Act and the Data Protection Act.

    Virus protection

    We make every effort to check and test material at all stages of production. However, you must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

    We can’t accept any responsibility for any loss, disruption or damage to your data or your computer system that may occur whilst using material derived from this website.

    Viruses, hacking and other offences

    You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

    By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

    These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

    General

    We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

    If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.

    If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

    Revisions to these terms

    We may at any time revise these terms and conditions without notice. Please check these terms and conditions regularly, as continued use of the Risk of Flooding from Surface Water website after a change has been made is your acceptance of the change.

    Using the Customer Forum

    Use generally

    You may only view the customer forum (“Forum”) if you have not registered with us.  If you register on the Forum you will be a “Registered User”.  Registered Users can also add content (a “Contribution”) to the Forum which might be a comment or ask a question. 

    Registered Users take all responsibility for any Contribution and retain all the Copyright in Contributions but license us to use them.  Users are not allowed to modify or delete any content or Contributions there is no regular or routine moderation of Contributions and the Environment Agency cannot guarantee the validity of any information contained in Contributions which contain information and opinions of Registered Users that are not those of the Environment Agency. 

    Those accessing the Forum should always check the validity and appropriateness of Contributions before using or relying on them in any way.  

    1.    Contributor Rules

    1        These contributor rules (“Rules”) are applicable in addition to the standard rules for use of the site and you are deemed to agree to them if you make a Contribution to the Forum.

    2.    Moderation

    2.1     We are under no obligation to monitor Contributions, however, we reserve the right to review Contributions. to check  for compliance with the Rules and in particular with the content standards below (“Content Standards”).

    2.2     We reserve the right to remove, edit or disable access to any Contribution where we deem that there has been a breach or a potential breach of the Content Standards.  We expressly excludes liability for any loss, injury or damage arising from the use of the Forum

    3.    Submission of Contributions

    3.1     You are solely responsible for the content of your Contribution.  You may not submit any Content that you did not create or that you do not have permission to submit.  By making a Contribution you warrant and represent that You own or have the necessary permissions to use it on the Forum.

    3.2     When You submit a Contribution you must comply with these Rules.

    4.    Content Standards

    4.1     These Content Standards (Content Standards) apply to each part of your Contribution as well as to its whole and to every Contribution you make. The Content Standards must be complied with in spirit as well as to actual wording used,  we will determine, in its sole discretion, whether a Contribution breaches the Content Standards.

    4.2     A Contribution must:

    • be accurate (where it states facts) and reasonably and honestly held (if a comment or opinion) and is not misleading either on it own or in context,
    • be factual or a genuinely held opinion,
    • include in whole or in any part only text, photographs, video and other material that has  been created by you or your employees unless you know positively that you have permission from whoever created or owns that material (and you must ensure that you have any such permission to use third party materials in writing and you agree to supply copies to WE at the time You make the Contribution),
    • only identify living individuals if you have their written permission and supply WE with a copy when you make the Contribution,
    • contain no commercially confidential information,
    • not prejudicially affect security of persons or anything or create any risk of vandalism whether national or local or environmental (e.g. protected species site),
    • comply with the law applicable in England and Wales and in any country from which it is posted including compliance with any court order or any other legal binding direction of a competent body and avoidance of any contempt of court or defamatory content in relation to any person or business. 

    4.3.   A Contributions must not do any of the following (Inappropriate Use) whether or not they are unlawful:

    • to commit or to otherwise aid abet, counsel, procure or incite any person to commit or assist in the commission of any unlawful or criminal conduct.
    • be obscene, defamatory, offensive, threatening, hateful or inflammatory,
    • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
    • be likely to harass, upset, embarrass, alarm or annoy any other person,
    • impersonate any person, or misrepresent your identity or affiliation with any person.
    • give the impression that the Contribution emanates from WE or any other third party if this is not the case.
    • A Contribution must not contain any advertising or promote any goods or services or provide web links or references to other sites that are commercial, unlawful or include Inappropriate Use

    5.   Copyright and Database Rights

    5.1    By submitting a Contribution to the Forum, you agree to grant us a worldwide, royalty free, perpetual, non-exclusive licence to use that Contribution for normal business purposes.

    5.2    Although you (or a third party whose permission you sought) will still own the copyright in your Contribution, You grant to us (including in respect of any third party material) the right to freely use by loading, executing, adapting, edit, store, display, distribute, transmit, copy (for the purposes of loading, executing, adapting, editing, storing, displaying, distributing, transmitting or copying) or to otherwise utilise your Contribution in whole or part Provided that moral rights are upheld including the right to be identified as authority of the Contribution in whole or part.

    5.3    Please also note that, in accordance with the Content Standards above, you must ensure that your Contribution does not infringe any intellectual property rights of any person. By submitting your Contribution to the Forum, You are warranting that you have the right to grant us the non-exclusive copyright licence and right to sub-licence described above.

    5.4    If you are not in a position to grant such a licence to us, please do not submit the Contribution to the Forum.

    6.     Breach of these rules

    6.1   When we considers that a breach of the Content Standards above has occurred, we may at our discretion take such action as we deem reasonable and appropriate. Failure to comply with these Rules constitutes a material breach of the terms of use under which you are permitted to use the Forum, and may result in us taking all or any of the following actions:

    • Immediately, withdrawal either temporarily or permanently, your right to use the Forum.
    • Immediate, removal either temporarily or permanently any Contribution or any part(s) thereof already posted on the Forum.
    • Issue of a warning to you.
    • Take legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from any breach.
    • Further legal action against you.
    • Disclosure of such information and your Contributions to law enforcement authorities as we reasonably feels is necessary or as required by law.

    6.2   We exclude all liability to the fullest extent permitted under the law for all action it may take in response to breaches of these Rules. The actions described above are not limited, and we may take any other action we reasonably deems appropriate.

    6.3   If we do not exercise or enforce any right, remedy or provision of the Terms of Use, including these Contribution Rules and the Privacy Statement, this failure shall not constitute a waiver of that right, remedy or provision in that or any other instance. 

    7.   Complaints

    7.1    If you wish to complain about any Forum Contribution posted to the Forum, please e-mail us at enquiries@environment-agency.gov.uk or write to us at: Environment Agency, National Customer Contact Centre, PO Box 544, Rotherham S60 1BY.

    7.2    We will then review the Contribution and decide whether it complies with the Content Standards above.

    7.3    We will deal with any Contribution which, in its opinion, violates the Content Standards as described above (see "Breach of these Rules" above).

    7.4    We will inform you of the outcome of its review within a reasonable time after receiving your complaint. 

    8.    Changes to these rules

    We may revise these Rules at any time. You are expected to check this page from time to time to take notice of any changes We may make, as they are legally binding on you.

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