Terms and conditions
The term “Sustainable Biomass Program” or “us” or “we” refers to the owner of the website whose registered name is Sustainable Biomass Program Limited, 3rd Floor, 41 Moorgate, London EC2R 6PP. The term “you” refers to the user or viewer of our website.
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SBP Data Transfer System (DTS) v0.5 Terms and Conditions of Use
The following terms and conditions only apply if you are a user of the SBP DTS v0.5
As an SBP DTS v0.5 (Service) User (you/your), you agree to these Terms and Conditions of Use, including Disclaimers.
The Service is operated by Sustainable Biomass Program (we/our/us/SBP) a Company registered in England (Number: 8793480). The Service is provided online at https://sustainablebiomasspartnership.formstack.com/forms/dtsv0_5. The terms and conditions from the SBP Trade Mark Licence Agreement, signed by every SBP Certificate Holder prior to receiving a certificate, apply in addition. You accept our Terms, policies and disclaimers when you use our Service, so please read them carefully. If you don’t agree with them, please don’t use our Service. If you are using the Service for a company or organisation, you are agreeing to our Terms on behalf of that company or organisation. Please check that you are allowed to do so before agreeing. Amendments apply from the date we publish them, so please also check these before you use our Service.
DTS v0.5 (or "Service")
DTS v0.5 is designed to allow SBP Transaction Claims to be recorded and passed from one SBP Certificate Holder to another. DTS v0.5 makes it possible for a User to record details of any Certified Biomass being sold to their customer to which an SBP Claim is attached. DTS v0.5 keeps a record of each SBP Transaction Claim made and this allows the SBP to administer the SBP Certification System (“System”).
A. Your Data, your rights and our Service
1. When you use our Service you will need to provide us with some information (your Data). Your Data remains yours, and using our Service does not give us rights to any of your Data, except for the limited rights we need to provide the Service and to administer the System, as outlined in these Terms.
2. By using our Service you grant us permission to store and process your Data that you have supplied from 1 October 2016 onward. You agree that your Data may be processed and stored outside the European Economic Area.
3. We may use selected third parties to deliver the Service. Your permission includes these third parties, provided they are bound to maintain the confidentiality of your Data. We will not share your Data with any third parties beyond those we need to deliver the Service.
4. DTS v0.5 provides the capability for you to share your Data, via email, with other parties. You are responsible for any Data you share.
5. We will never use or share your Data except to effectively manage the System. That may include:
1. creation of Periodic Transaction Summary Reports for your use;
2. calculation of fees for your participation in the System;
3. liaising with the System’s Accreditation Body; and
4. providing aggregated System performance data to SBP management (and other stakeholders), where no specific SBP Certificate Holder is identifiable.
B. Your responsibilities
1. You must be a current SBP Certificate Holder to use the Service (and must have paid any fees due to maintain the validity of that Certificate).
2. You are responsible for maintaining appropriate confidentiality of any passwords created by you, or PINs issued by us to you. Any SBP Transaction Claims recorded against your Certificate Number, where your current password or PIN was used, will be deemed to be valid and included in relevant assessments of conformity with the System (including determination of fees and generation of Periodic Transaction Summary Reports). If you suspect that your password or PIN is known by someone who should not know it, you must change it immediately. New PINs can be requested from firstname.lastname@example.org .
3. You must only use the Service for its intended purpose, that is, to create SBP Transaction Claims or to receive notification of such claims from other Users.
4. You must allow us to contact you about changes to the Service by email.
5. You agree that by sharing Data with other Users of DTS v0.5, you grant a perpetual licence allowing those Users to make use of the shared Data. You should ensure you only submit data to DTS v0.5 where you are entitled to do so and that any data and intellectual property clearances are obtained by you in advance.
6. You agree to grant a perpetual licence to SBP allowing any Data you submit to the Service to be used in the administration of the System.
7. You agree to indemnify and hold us, our Directors, Officers, Servants and Employees, harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any Third Party due to or arising out of your inappropriate use of the Service or for any breach by you of these Terms. For the purpose of this clause we contract for ourselves and as trustees for our Directors, Officers, Servants and Employees.
C. Our responsibilities
1. We must ensure the Service is available for your use.
2. We must safely store your Data and keep it strictly confidential.
3. If you request, we must delete any information which identifies you. If you want any information removed from the Service, you must send a request to email@example.com with the relevant details.
D. If things change, or go wrong
1. You can stop using the Service at any time. Any fees you have already paid (associated with maintaining your SBP Certificate) will not be refunded.
2. If we do not receive payment of agreed fees (for the maintenance of your SBP Certificate) by the agreed date, we have the right to restrict your access to the Service until such time as payment is received.
E. Other points, and disclaimers
1. We reserve the right to monitor your use of the Service.
2. We reserve the right to disclose any Data required by applicable laws to the relevant authorities; we will let you know if we are asked to do this.
3. We reserve the right to stop your use of the Service at any time and for any reason.
4. We reserve the right to change our fees, these Terms and other relevant policies at any time.
5. Our aggregate liability under these Terms for any breach of these Terms or liability in tort (including negligence) shall be limited, in the case of chargeable Services, to the fees you have paid us in the 12 months prior to any claim or €10,000 if higher, and for non-chargeable Services to €10,000.
6. These Terms should be read in conjunction with all other relevant documents describing the SBP System.
7. We shall not be responsible for the consequences to you of unauthorised access to the Service, nor the consequences of any inaccurate threatening, defamatory, obscene, offensive or illegal content provided by a third party.
8. Notwithstanding any other provision of these Terms, we do not exclude any liability of ours for death or personal injury caused by our negligence nor for our fraud.
9. Subject to clauses E.5 and E.8, in no event shall we be liable to you for any loss of profit, loss of revenue, goodwill, business opportunity or any other indirect loss and damage however caused.
10. Any implied conditions regarding fitness for purpose and quality of the Service are specifically excluded.11. These Terms are subject to English law and you agree to submit to the exclusive jurisdiction of the English courts in connection with any dispute, whether relating to contractual matters or otherwise.
Definition of key words and phrases used in SBP DTS v0.5 Terms and Conditions of Use
Sustainable Biomass Program (SBP): is a unique certification scheme designed for woody biomass, mostly in the form of wood pellets and woodchips, used in industrial, large-scale energy production.
DTS: Data Transmission System – a secure, online data collection and sharing service provided to SBP Certificate Holders to permit the recording of SBP Transaction Claims.
DTS v0.5: the currently available and supported version of the DTS launched in October 2016. A new version (v1.0) will be launched in 2017 providing additional features and capabilities.
SBP Transaction Claims: describe a mass (in tonnes) of SBP certified material passing from the control of one SBP Certificate Holder to another. A valid SBP Transaction Claim must also contain details of the supplier, the customer, the date of the transaction, the type of material (pellets or chips) and the SBP Claim.
SBP Certificate Holder: an organisation with a current, valid SBP Certificate, issued by an SBP-approved Certification Body.
SBP Claim: can be one of either Controlled or Compliant.
SBP System: the combination of SBP’s Framework (of standards and controls) and processes and capabilities, which together make it possible to produce and trade industrial biomass with reliable and widely recognised claims describing its environmental and social impact.
User: a person or system in possession of a valid, unique identifier and an associated password or PIN permitting use of DTS
Accreditation Body: an independent organisation qualified to assess the suitability and qualification of Certification Bodies for the System.
Data: the information (including dates, names, quantities, selections from pre-defined lists and any other text or numbers) you provide to the Service, or otherwise share with us.