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Terms And Conditions

Below are the Terms and Conditions associated with the use of ETSWAP.

You must accept the terms and conditions in order to complete the registration of your account.

This website – the EU ETS Portal for the UK (the "Site") - is a website established for the purposes of facilitating the electronic submission of certain applications, information, and reports by Aircraft Operators, Operators and Verifiers and facilitating communication between Aircraft Operators, Operators and Verifiers with the Appropriate Regulators under the Greenhouse Gas Emissions Trading System ("the System").

Although this Site provides a facility to submit information to and communicate with the Appropriate Regulators, Aircraft Operators and Operators remain entirely responsible for complying with the Regulations, including, but not limited to, the time limits set out in the Regulations. Any information submitted through the Site will be transmitted electronically to the relevant Appropriate Regulator in respect of those whom they regulate and to the Appropriate Authorities (in accordance with the Regulations).

1. Legal Notices

1.1 Definitions

"Aircraft Operator" has the same meaning as in the relevant Regulations.

"Appropriate Regulator(s)" has the same meaning as in the relevant Regulations.

"Appropriate Authorities" means the Secretary of State, the Welsh Ministers, the Scottish Ministers, or the Planning Appeals Commission as the case may be.

"Malicious Software" means any software program or code intended to destroy, interfere with, corrupt, or cause undesired effects on program files, data or other information, executable code or application software macros, whether or not its operation is immediate or delayed, and whether the malicious software is introduced willfully, negligently or without knowledge of its existence;

"Operator" has the same meaning as in the relevant Regulations.

"Operator" (for offshore operators) for the purposes of the ETS, means the person or entity that has control over the relevant regulated activities in respect to which a Permit is issued, including all conditions and Annexes therein. It should be noted this is not necessarily equivalent to an "operator" as appointed by the Licensees and approved by the Licensing Authority.

"the Regulations" means the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (SI 2012 No 3038) as amended or replaced from time to time.

"Verifier" means the independent person or body accredited or endorsed by the United Kingdom Accreditation Service appointed by an Aircraft Operator or Operator to carry out the verification requirements of Article 15 of the EU ETS Directive.

"Us" and "We" means the Offshore Petroleum Regulator for Environment & Decommissioning Environmental Management Team.

"You" means Aircraft Operators, Operators and Verifiers, and Your representatives ("Representatives") where the context provides, or visitors to the Site as the case may be.

Status of Terms

1.2.1 These terms and conditions ("Terms") govern access to and use of the Site.

1.2.2 If You are an Aircraft Operator, Operator or Verifier, by clicking on the "Accept" button on the Site You are indicating that You agree to be bound by these Terms.

1.2.3 If You are a visitor to the Site, by continuing to use any part of the Site You are accepting the latest version of these Terms in full. If You object to any of these Terms You should not use the Site and should leave it immediately.

Modifications

1.3 We may revise these Terms at any time, so You should check the Site regularly to ensure that You are aware of the latest version of these Terms.

1.4 The Site is subject to change without notice at any time. We reserve the right at Our sole discretion to make any alteration, correction or improvement (including adding functionality) to or to withdraw or correct any error or omission in any portion of the Site without notice.

1.5 These Terms apply to the whole of the Site including both the non-secure area, which may be accessed by any member of the public as a visitor, and the secure areas, which may only be accessed and used by those Aircraft Operators or Operators, their appointed Verifiers and their authorised representatives ("Representatives") having the specific access rights granted by Us, using authorised user names and passwords.

2. Access to Secure Areas

2.1 Your Representatives

2.1.1 When You log into the secure part of the Site for the first time using the name and password issued by Us, You must change the password, which meets Our security requirements. You may nominate and request Us to permit additional Representatives to have access to the secure area of the Site containing Your information on Your behalf by entering the name and email address of such persons where indicated on the Site. We may, at our discretion, issue additional user names and passwords to such Representatives.

2.1.2 You are responsible for ensuring that your Representatives comply with these Terms.

2.1.3 Representatives nominated by You are acting as Your agent and You are bound by and responsible as principal for their acts and omissions in relation to the Site, whether or not the act or omission is outside the authority (express or implied) of Your Representatives.

2.1.4 The Appropriate Regulators are entitled to assume as being authentic, without any duty to enquire or investigate further, that any requests, submission of information, or other communication are validly made on Your behalf and with Your full knowledge and authority where made using a valid user name and password. You have full responsibility for all such requests, submission of information or other communications.

2.1.5 You must inform Us immediately if any Representative ceases to be authorised by You. As soon as practicable thereafter We shall de-activate the relevant user name.

2.2 Limited access and security

2.2.1 Except in sub-Clause 2.2.5, in this sub-Clause 2.2 "You" includes Your Representatives.

2.2.2 Your rights to access the secure areas of the Site are limited to the level of access You have been granted. You must not access or attempt to access any part of the Site to which You do not have express rights of access.

2.2.3 From time to time You may be issued with or asked to provide a user name and password. You must use the password only for access to those applicable secure areas of the Site and not for any other purpose.

2.2.4 You must keep Your password confidential at all times, and must not disclose the password or permit anyone else to use Your password or user name.

2.2.5 You are responsible for ensuring the security and integrity of the computer used by You to access the secure areas of the Site ("Your computer"). Without prejudice to this and without limitation to Your responsibilities, You must:

(a) have good quality, commercially available and supported anti-virus software,(which includes protection against Malicious Software by checking, blocking from entry to, deleting from, quarantining or otherwise rendering it ineffective) installed and running on Your computer along with a firewall preventing unauthorised access to Your machine and that You apply the latest updates as they become available;

(b) every time You seek to access the secure area of the Site ensure that You are entering Your username and password into the correct website;

(c) follow general good practice guidelines for accessing and using the internet safely, including as a minimum, complying with any security directions and procedures notified to You by Us.

2.2.6 You are responsible for the consequences, including financial consequences, of any failure by You and Your Representatives to comply with Your obligations under these Terms, including Clauses 2.2.4 and 2.2.5. Any breach of any of these Terms by anyone to whom You or Your Representatives disclose the password will be treated as if the breach had been committed by You, and will not relieve You of Your obligations under these Terms.

2.2.7 You must notify Us immediately upon becoming aware of any unauthorised use of a user name or password, disclosure of a password, or any other breach of security.

2.2.8 In the event of any failure or error in the operation of a password, You shall cease using the password, exit the Site immediately, and notify Us of such failure or error.

2.2.9 You shall cease to use and delete Your password from any of Your records upon expiry or termination of Your right to use the Site.

2.2.10 We reserve the right to change Your password and user name at any time in our sole discretion.

2.2.11 You may change Your user name and password issued by Us. You agree to notify Us promptly of any changes to Your user name, and that any password must meet Our security requirements.

2.2.12 You must exit the secure area by logging out in accordance with the instructions on the Site at the end of each session.

3. Use of this Website

3.1 In this clause, You includes Your Representatives.

3.2.1 What You may do

The secure parts of the Site may only be used:

(a) by Aircraft Operators or Operators, their appointed Verifiers and their Representatives who have been granted access rights by Us or the other Appropriate Regulators;

(b) for the purpose of submitting information to the Appropriate Regulators as required by the Regulations and communicating with the Appropriate Regulators; and

3.2.2 The Site may only be used:

(c) in accordance with these Terms and for lawful purposes.

3.3 What You may not do

You will not:

(a) to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with any part of the Site;

(b) damage or attempt to damage or corrupt (including the introduction of any Malicious Software) any software or data used in connection with any part of the Site, nor, attempt to gain unauthorised access to the secure part of the Site, the server on which the Site is stored or any server, computer or database connected to the Site, or engage in any other behaviour that may reasonably be expected to inhibit others from using the Site;

(c) create any links from any other website to the Site without Our express prior written permission; or

(d) use the Site in a manner that infringe the rights of the Appropriate Regulators or any third party, or restrict or inhibit the use and enjoyment of the Site by any third party or in breach of law.

4. Third party sites and hyperlinking

We may link the Site to other websites, which are not under the control of, or maintained by Us. We are providing these links to You only as a matter of convenience and, to the maximum extent permitted by law, We shall not be responsible for the content, availability or reliability of such websites. The inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites. We do not endorse or recommend any products, materials or services displayed or offered on any websites which may be linked to the Site.

5. Disclaimers

5.1 We do not represent or make any warranty in respect of the accuracy, reliability, completeness, currency or continuous supply of any of the content contained in or distributed through, or linked, downloaded or accessed from the Site or the results obtained from using the content of the Site.

5.2 We expressly disclaim any and all warranties, express or implied, to the extent permitted by applicable law, including without limitation warranties of satisfactory quality, merchantability and fitness for purpose, with respect to the Site and its content.

5.3 We do not warrant that the Site or its content will be free from errors or that the Site and the related server are free from computer viruses or other harmful applications.

5.4 We do not endorse or recommend any products, materials or services displayed or offered on the Site, including Verifiers. The choice of, suitability of and the terms of appointment of a Verifier are matters between an Aircraft Operator or Operator and the relevant Verifier, not the Appropriate Regulators.

6. Liability

6.1 To the full extent permitted by applicable laws, We accept no liability for any claims, loss, demands or damages of any kind with respect to the Site or its content, which You or Your Representatives may suffer or incur arising from or in connection with the Site or its content, including, without limitation, direct, indirect, or incidental loss or damages, loss of profits, loss of revenue, loss of data, loss of use or otherwise arising out of Your use of the Site and whether or not the possibility of such loss has been notified to Us, including, but not limited to

(a) the introduction to the Site of any Malicious Software;

(b) any attempt to gain unauthorised access to secure areas of the Site, the server on which the Site is stored or any server, computer or database connected to the Site;

(c) any attack to the Site via a denial-of-service attack or a distributed denial-of-service attack;

(d) any matter over which We have no control, including, but not limited to, the acts of third parties or unplanned outages;

(e) Your failure or that of Your Representatives to comply with these Terms; or

(f) the content of any material posted to the Site by You or third parties which is defamatory, obscene, inaccurate, misleading, unlawful, pornographic or which in any way infringes a third party’s rights, including but not limited to, intellectual property rights.

6.2 Clause 6.1 will apply whether such claims, loss or damages arise in tort, contract, negligence or otherwise.

6.3 Nothing in these Terms shall exclude or limit Our liability for fraud, death or personal injury caused by negligence or any liability which cannot be excluded or limited under applicable law.

7. Intellectual Property Rights

7.1 You agree that all intellectual property rights in the data, text, images, materials and information on the Site ("Content") and in the layout of the Site are owned by Us (or Our licensors or the other Appropriate Regulators).

7.2 You will not alter or remove any copyright, trade mark or other proprietary mark, logo or notice of the Appropriate Regulators or of any other organisation or public authority appearing anywhere on the Site.

7.3 In relation only to the parts of the Site to which You have access rights We grant You the right to view, download or print the Content for Your own private use or for use internally within Your business or for the purpose set out in clause 7.4.

7.4 Subject to clause 7.3, You may give copies of the Content referred to in clause 7.3 to others provided that: You make no charge; You in no way modify or edit the Content; and You attach a copy of this Clause and instruct the recipient to comply with it. Whenever possible and appropriate any authorised copying shall acknowledge Our ownership of the Content. One way of doing this is by adding the words e.g. "Copyright Environment Agency" to the information or copy.

7.5 You agree that You will not use the Content in any way other than as set out above (including without limitation use for commercial gain, for example by way of rental, licence, sale or providing services for consideration).

7.6 Your access to or use of the Site and any materials available on it shall not be construed as granting to You any licence or assignment of any intellectual property rights in the Site or such materials, other than the rights expressly granted in this Clause.

7.7 You will inform Us promptly if You become aware of any infringement or potential infringement of any of the intellectual property rights referred to in Clause 7.1.

8. Confidentiality

8.1 We will not disclose or publish any information provided to Us except where

(a) disclosure or publication is:

(i) required under the Regulations or otherwise by law;

(ii) necessary for Us to perform our functions under the Regulations; or

(iii) made with Your consent; or

(b) disclosure is between Us, the Appropriate Regulators and the Appropriate Authorities.

8.2 If You consider that any information submitted by You via the Site is commercially confidential, You may notify the Appropriate Regulator by identifying the relevant information as such. Such notification is without prejudice to and does not restrict the Appropriate Regulators’ use of the information, discretions, rights and obligations including under the Freedom of Information Act 2000/Freedom of Information (Scotland) Act 2002 and the Environmental Information Regulations 2004/The Environmental Information (Scotland) Regulations 2004/The Environmental Information (Amendment) Regulations (Northern Ireland) 1998.

9. Privacy

9.1 We are committed to respecting the privacy of visitors to and users of the Site. This clause sets out the terms that govern the collection, retention and processing of any personal information provided to Us online or otherwise held on the Site.

9.2 Any personal information You supply to Us will be processed in connection with the Regulations and in accordance with the Data Protection Act 1998 and any other applicable legislation. You consent to Us and the Appropriate Regulators using any personal information We hold about You in the following ways:

(a) for the purposes of permitting access to the secure part of the Site and thereafter operating and maintaining the Site and access to the secure parts of the Site;

(b) in order to operate and maintain security measures with regard to the Site, which may include passing personal information to our internet security service providers;

(c) in order to carry out Our functions under the Regulations including passing certain personal information to the Appropriate Regulators (in respect of those Aircraft Operators and Operators whom they regulate) and to the Appropriate Authorities;

(d) for the purpose of contacting You in connection with the System;

(e) to enable Us to carry out statistical analysis or research and development in relation to environmental matters including the System;

(f) to prevent or investigate fraud, money laundering or other unlawful activity including passing the information to law enforcement agencies;

(g) to enable Us to comply with any other duties or obligations on Us under the System including investigating compliance with the System and taking enforcement action; and

(h) in order to comply with the Environmental Information Regulations 2004/The Environmental Information (Scotland) Regulations 2004/The Environmental Information (Amendment) Regulations (Northern Ireland) 1998 or the Freedom of Information Act 2000/Freedom of Information (Scotland) Act 2002;

(i) to assess whether You are satisfied with Our service, to improve Our service and to offer You documents or services relating to environmental matters

9.3 We will only use Your personal information in the manners above. In particular, we will not sell, rent or trade Your personal information to others.

9.4 We employ appropriate technical security measures to protect Your personal information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. Information storage is on secure computers and information is encrypted wherever possible.

9.5 You consent to Us transferring Your personal information outside the European Economic Area where this is necessary for Us to fulfil our obligations under the Regulations, the System or any other applicable national and international laws.

9.6 We will use cookies. Cookies are strings of data that are stored by Your browser in a file on Your system and allow Us to recognise You when You use the Site. You may configure Your browser not to accept cookies, but the site will not work if you do this. More information is available in the Environment Agency’s privacy policy.

10. Suspension and Termination of Access to the Site

10.1 We may suspend the operation of the Site at any time for any reason which may include for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or sites linked to the Sites will not necessarily be uninterrupted or error free.

10.2 We may suspend or terminate Your and/or any Representatives access to the Site immediately at any time without notice in the event that we reasonably believe that You and/or any Representatives have breached any of these Terms or might do so, or where We are required or authorised by law to do so.

10.3 Clauses 2.2.6, 5, 6, 7, 8, 9, and 11 shall survive termination.

11. General

11.1 These Terms shall be governed by and construed in accordance with the laws of England. You and We shall take reasonable steps to resolves any differences between us regarding these Terms, however, if we are unable to do so, any dispute or legal proceedings in relation to the Site shall be brought in the courts of England and Wales.

11.2 The language of these Terms is English. If these terms are for any reason translated into any language other than English the English text shall prevail.

11.3 If any provision or part of a provision of these Terms is held by a court of competent jurisdiction to be unenforceable, all other provisions shall remain in full force and effect.

11.4 These Terms comprise the entire agreement between You and Us in relation to Your access to and use of the Site. To the extent that there is any conflict or discrepancy between the Regulations and these Terms, the Regulations shall prevail.

11.5 Nothing in these Terms shall prejudice or affect the Appropriate Regulators’ exercise of their functions, duties and powers conferred, arising or imposed under the Regulations, the System, the Environment Act 1995, or any other legislative provision, enactment, byelaw or regulation whatsoever.

11.6 Nothing in these Terms shall operate as a statutory approval, consent or licence from the Appropriate Regulators.

11.7 No third parties have any rights under the Contract (Rights of Third Parties) Act 1999.

11.8 In these Terms, unless the context otherwise requires the words "other", "include" and "including" do not denote limitation in any way and the singular includes the plural and vice versa.

11.9 You may not transfer or in any other way make over to any third party the benefit of these Terms either in whole or in part.