Quality Mark Terms & Conditions

These terms and conditions (as well as your completed online registration), and the Data Protection & Cookies Policy govern your membership license in the EnvironmentPlus International – Quality Mark (the “Programme”), as well as your use of the Programme’s website and digital and online services and materials, and your relationship with the provider of the Programme, EnvironmentPlus International CIC (the “Provider”). 

Please read these terms and conditions carefully as they affect your legal rights and responsibilities under the Programme. If you do not agree to these terms and conditions, please do not apply to join the Programme or to be registered as a Member. If you have any questions on these terms and conditions, please contact the administrator:  patrick@environmentplus.org.uk

The Member’s attention is particularly drawn to the provisions of clauses 1, 8 and 9.

 

1.1 Only organisations, companies or individuals registered with a membership licence (to be known as ‘Members’) issued by the Provider, and who have paid all registration fees in full may use the EnvironmentPlus International – Quality Mark (the “Programme”). In using it, members agree and must adhere to a set of rules and standards which are set out in the Terms and Conditions (herein described), which may change, or be altered at the absolute discretion of the Provider. On initial registration, members agree absolutely with these Terms and Conditions.

1.2 Members who require assistance at any time in using the Quality Mark should seek advice, by contacting the administrator:   patrick@environmentplus.org.uk

1.3 Members are licensed by the Provider on the absolute understanding that their service or business agrees to an ongoing commitment to embed the United Nations 17 Sustainable Goals objectives into their decision making and operational objectives whenever possible, and that ongoing review, monitoring and improvement in sustainability and standards is a key objective of the said service or business.

1.4 As part of the quality assurance and monitoring processes, if requested by the Provider, Members will provide a comprehensive statement of how since registration, they have, and are currently using the Quality Mark and how they are meeting the above stated objectives as per the Terms and Conditions. If requested to undertake this task by the Provider, the Member will provide the information to the Provider in writing within 14 days from request. Failure to do so, or not to satisfy the Provider that the standards are being followed or met,  then this may cause the suspension of the license at the absolute discretion of the Provider.

1.5 Members must only use the Quality Mark in relation to the service or business as registered with the Provider, meeting all requirements.

1.6 Members at the absolute discretion of the Provider, will be required to amend or stop any use of the Quality Mark, if it is used in a manner, which the Provider deems unacceptable, misleading or that may adversely affect the spirit and intention of the purposes of the Quality Mark, and, or the subsequent reputation of the Quality Mark, the reputation of the Provider, and, or the greater network of Member partners within the Quality Mark programme. All members on registration agree to these, and all terms and conditions, including any updates, in relation to their registration.

1.7 In using the Quality Mark: Members must ensure that they must maintain a clear zone around the Quality Mark to ensure that it is not associated with any other environmental or other claim, logo or name; this area must be free of any graphics or text.

1.8 Members must not use the Quality Mark in any way that implies that the Provider endorses your services or business other than for the intention of the programme.

1.9 Members must meet the requirements of the downloadable art for reproducing the Quality Mark: if they are using multiple colours, these must be the colours shown; if they are using a single colour, the Provider prefers black.

 

ADVERTISING

1.10 The Quality Mark can only be used by members and their agents in advertising, promotional or other information in relation to your membership. The Quality Mark can’t be used, or claims made about your Licence, or the Provider, which could be taken to imply that the Provider endorses any particular service, part of a service, business or its products in any other way.

PACKAGING and PHYSICAL PRODUCTS – ADDITIONAL AUTHORISED LICENSE REQUIRED

1.11 Members and their agents may apply the Quality Mark to packaging ONLY AFTER separately Licensing a ‘Physical Product’ with the Provider through the request of an additional Authorised License, which is ‘in addition’ to membership for their service or business. PHYSICAL PRODUCTS are ‘NOT’ covered under Membership of the service or business, and you must contact us in writing to request purchasing a license for specific physical products which are considered on a case by case basis. Physical Products are defined as ‘those products which can be touched or tangible, solid, dust or liquid state in a container, build with some materials, have a height, weight and dimension and can be shipped to a customer after sale physically.’ It is therefore illegal to use the Quality Mark for Physical Products without having an authorised licence from us to do so, and without written agreement specifically to a particular product registered to a particular named organisation or business. Contact: patrick@environmentplus.org.uk for further information.

1.12 Important Notice – Making Environmental Claims and The Law:

The Provider informs all Members that all Consumers are entitled to rely on any environmental claims made about a service or business and to expect these claims to be truthful and not misleading. It is essential that consumers are provided with accurate information in order to make informed decisions. Vague environmental claims, claims that mislead by omission or by implication, or claims that are unsubstantiated cause confusion among consumers. They potentially lessen consumer confidence, and cause suspicion about what is really being claimed. They undermine the efforts that genuine service and business providers, have made to improve the environmental impact of their products and services.

The Law: Using claims that mislead or are unsubstantiated could breach the requirements of Trading Standards. It could also bring advertisers into conflict with the Advertising Standards Authority (ASA) in the United Kingdom (and similar authorities in other countries).  Members are requested to ensure they read the up to date requirements:   www.asa.org.uk    The Act states that those in trade must not mislead or deceive customers in any way, and serious penalties apply for business and individuals that fail to meet these requirements.

1.13 It is the sole responsibility of each Member to ensure they abide by all local, national and international laws with reference to advertisements and promotions.

1.14 Claims made in regards to the environmental benefit of their services, organisations or businesses should; only be made for a real benefit relevant to that particular service or business. Explain the significance of, and not overstate, the benefit, be specific, detail the specific part of the service or process it is referring to and not use an unqualified and/or general statement. Be honest and truthful. Be accurate and not misleading. Be substantiated and verified. Meet local, national or international standards as appropriate. Use plain language. Consider the whole service and life cycle. For example, you should not advertise environmental benefits where they are irrelevant, insignificant or simply advertise the observance of existing law. When making environmental claims, services, organisations or businesses should aim to be as specific as possible, adequately explaining the environmental benefit and the part or parts of the service or process to which it applies. Using broad or unqualified claims, such as “green”, “environmentally friendly”, “energy efficient”, “recyclable” and “recycled”, with no further substantiation can risk breaching the Fair Trading Acts as they are ambiguous and broadly imply that the product is environmentally beneficial or environmentally benign and they do not explain any specific environmental benefit. It potentially misleads consumers into thinking that services or products cause no harm to the environment in production, usage and disposal. Few if any services can make this claim as almost all have some adverse effect on the environment. Members are therefore asked to take great care in their approach, descriptions and wording.

1.15 Services, organisations, or businesses making environmental claims – including statements about sustainability, recycling, carbon neutrality, energy efficiency, use of natural products or impact on animals and the natural environment – should ensure those claims are accurate, scientifically sound and substantiated. Claims must not be made if they can only be verified by confidential business information. Where a particular benefit is claimed for example “organic” or biodegradable, then both the claim and the product must meet the local or international standards that are relevant to that claim. When making environmental claims, services, organisations and businesses should use language that the average member of the public can understand., and claims must be accurate and lawful. Consumers who are unfamiliar with technical terms will often make assumptions and could be misled.

1.16 Images such as those of forests, earth and/or certain endangered animals may suggest and create an impression of environmental benefits or advantages to consumers and should be used with care. Natural objects should only be used if there is a direct and verifiable link between the object and the benefit and is related to your business or service. Using a symbol that is widely accepted as having a particular meaning or affiliation when no such link exists can be misleading and these symbols should only be used with qualification and authorisation. Services, Organisations and Businesses must not represent, by the use of words, symbols or other means, that goods or services have any sponsorship, approval or endorsement that they do not have, including that of the Provider. The use of a mark, logo or label from a third-party can only be used with the express permission of and under the rules, requirements and guidelines of, that third-party.

1.17 Consumers who are unfamiliar with what an environmental scheme means for your service, organisation or business may make assumptions and consequently be misled. Offering consumers details of further information on the scheme may help alleviate these concerns. Avoid using terms like “safe”, “friendly” and “green” and unqualified pictures or graphics. At best they are unhelpful and encourage scepticism, at worst they are misleading. Spell out exactly what is beneficial about a service or business in plain language that consumers can understand. Link the environmental benefit to a specific part of the service. Make sure any claims you make about your service, organisation or business can be substantiated. Think about how you would answer a query regarding the environmental benefits you are claiming about your service or business. For example, what process you carry out or implement or scientific authority could you use to justify the basis of your claim? Explain how a service or business function characteristic is beneficial to the environment. For example, explain that a phosphate-free product is less damaging in river systems because phosphate promotes algal growth, which can clog up rivers.

1.18 Avoid giving the impression that your service, organisation or business is completely environmentally benign if it is not. Avoid using technical or industry-related terms where possible and if you do use them, ensure their meaning is clearly explained.

 

  1. BASIS OF CONTRACT

2.1 The Contract constitutes the entire agreement between the parties. The Member acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Provider which is not set out in the Contract.

2.2 The Contract shall come into existence on the date on which the Provider confirms acceptance of the Member for membership in the Programme (Commencement Date – Registration) and shall continue unless and until terminated in accordance with clause 10.

2.3 These Conditions apply to the Contract to the exclusion of any other terms that the Member seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

  1. MEMBERSHIP STRUCTURE

3.1 The Member’s initial membership in the Programme will be in the form chosen by the member at the time of membership from the choices available on the website at the time of registration.

3.2 On initial registration, the person registering the account will be called the Lead Account Holder, and this person verifies that they have legal authority to register for the service on behalf of themselves, or the stated organisation, business or company they represent.

3.3 Lead Account Holders must be 18 years or older at time of registration.

3.4 Membership benefits offered to Members will always be discretionary, and limited to the capabilities of the Programme as determined by the Programme Committee in its absolute discretion.

3.5 The Provider reserves the right to refuse membership to any person, organisation, business or company without reason, and may terminate membership at any time.

 

  1. SUBSCRIPTION FEES

4.1 On becoming a Member, the Member will enter into a monthly contract to start making payments in order to be a part of the Programme linked to the Services they may be offered by the Provider covering the period of the contract only.

4.2 Fees are paid by the Member to the Provider on a non-refundable basis and are voluntarily paid by the Member in accordance with the terms of this Agreement.

4.3 The rate is payable only in British Pounds (Sterling), as indicated on the online registration form. Payment options are outlined at registration. The rate will be reviewed on an annual basis with discretionary anticipated annual increases of 3% to cover ongoing costs and commitments to the Programme membership.

4.4 Fees need to be paid on an ongoing monthly basis to maintain continued contractual and membership eligibility.

4.5 Only one membership account is permitted per individual, and a registered membership account cannot be connected to any other registered account in any way. The Member shall be responsible for ensuring compliance with this clause 4.5 and the Provider will be under no obligation to check this.

4.6 Membership to the Programme holds no pecuniary value and may not be sold, redeemed, swapped, exchanged, transferred, inherited or refunded in part or in whole and remains the property of the Provider at all times.

4.7 If a registered Member requires further clarification in relation to membership to the Programme they may write to the Provider at patrick@environmentplus.org.uk  and both parties agree that the Provider’s decision on any matter raised will be final and binding on both parties in the absence of manifest error.

4.8 The Provider shall be responsible for any tax liabilities that may arise for the Provider in connection with the receipt of any fees paid to the Provider by the Member.

4.9 All membership payments made to the Provider are final. Should a Member wish to cancel suspend or alter in any way payments set up on their account they may do so by notifying the Provider in writing of such changes within 7 days of making such changes, and any changes to the Services they may be eligible for will be effective from the date of such cancellation suspension or alteration. Failure to notify the Provider of any changes to members details may result in the suspension or cancelation of provision of any Services whether current or future by the Provider.

4.10 Failure by the member to fully meet the terms and conditions of membership the Provider reserves the right to cancel membership without further notification, and or refund.

 

  1. LEGAL PROXY.

5.1 Where any Member is eligible for the Services but has handed legal authority to make various decisions on their behalf to another, the Provider will accept requests and communications from this person on receipt of a certified copy of a valid Lasting Power of Attorney (England and Wales) or a Welfare Power of Attorney (Scotland); from a court appointed deputy (England and Wales); or a court appointed guardian or court appointed intervener (Scotland).

 

5.2 Where any member is acting on behalf of an organisation, business or company, to transfer the responsibility to another person, we would need 7 days formal notification of the replacement contact, and confirmation in writing from the legal representative confirming and verifying the replacement, including full contact details.

 

  1. NO REGULATED ACTIVITY

6.1 Neither the Provider nor the Programme shall at any time sell, offer, or have any intention of offering or selling any Insurances or financial products, or any regulated products or services of any kind. Neither the Provider nor the Programme will provide any advice, recommendations, information or connections to such companies or organisations who offer any regulated products or services.

 

  1. DIGITAL AND ONLINE SERVICES

7.1 Licence. The Provider hereby grants to the Member a non-exclusive non-transferable licence for the Term to use the Provider’s Digital and Online Services and to create a personal online account with the Programme (Personal Account) strictly for the purpose of accessing information services and benefits in connection with this Contract if applicable.

7.2 The Member shall not:

(a) modify, translate, create or attempt to create derivative copies of or copy the Programme’s membership service or account infrastructure, any software, technology used, any products or services in whole or in part;

(b) reverse engineer, decompile, disassemble or otherwise reduce the object code of the membership and account infrastructure to source code form;

(c) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer any product, service or information.

7.3 Use of the Digital and Online Services by the Member is subject to the Member installing relevant software and updates and following and adhering to all instructions on the use of these services as provided by the Provider.

7.4 Administration of the Digital Services. The Provider shall undertake all procedural administrative and governance requirements associated with the provision of the Digital and Online Services including any adjustments amendments or changes of any kind such changes shall be entirely at the sole discretion of the Provider and including any transfer of any rights which it deems necessary.

7.5 Accessing the Website and Digital Services. Access to the Website is permitted when the Provider gives authorisation and the Provider reserves the right to withdraw such access, amend or add services to the Website or the Digital and Online Services without notice and without restriction. The Provider will not be liable if for any reason the Website or the Digital and Online Services are unavailable at any time or for any period for technical, security or other reasons.

7.6 From time to time, the Provider may restrict access to some parts of, or the entire, Website and Digital and Online Services, whether for security reasons, maintenance, updates, or for any other reasons.

7.7 Members who have chosen, or have been provided with, a user identification code, password or any other information as part of the Programme’s security procedures, must treat such information as confidential and must not disclose it to any third party. The Provider shall have the right to disable any user identification code or password, whether chosen by the Member or allocated by the Provider, at any time, if in the Provider’s opinion the Member has failed to comply with these Conditions, or for security reasons, or for any other reasons (including, for example, protecting personal information).

7.8 The Member is responsible for making all arrangements necessary for them to have access to the Website. The Member is also responsible for ensuring that all persons who access the Website through the Member’s internet connection are aware of these Conditions, and that the Member and any such other person comply with these Conditions at all times.

7.9 Changes to the Website. The Provider aims to update the Website and the Digital and Online Services regularly, and reserves the right to change the content at any time. If the need arises, the Provider may suspend access to the Website or the Digital and Online Services or close them partly or fully and indefinitely. Any of the material on the Website may be out of date at any given time, and the Provider shall be under no obligation to update such material.

7.10 Reliance on information posted. Whereas the Provider shall endeavour to ensure that the information and materials found on the Website and the Digital and Online Services are true and accurate in all material respects, the Provider gives no guarantee, condition or warranty to that effect. The Provider shall not be responsible for the consequences of reliance on that information, and any information of an advisory nature is general only and cannot be regarded as applicable to a specific case. The Provider therefore disclaims all liability and responsibility arising from any reliance placed on such information by any person who visits, or uses, the Website or the Digital and Online Services, or by anyone who may be informed of any content found on the Website or the Digital and Online Services. In particular, the Provider cannot accept any responsibility for the contents of materials viewable from the Website or the Digital and Online Services which are not provided or maintained by the Provider, whether provided by links, frames, portals or otherwise. The disclaimer in this clause 7.10 is not intended to affect the Member’s statutory rights.

7.11 Viruses, hacking and other offences. The Contract is subject to the Computer Misuse Act 1990 (as may be updated, amended or re-enacted at any time) (the Act) and the Provider reserves its rights against the Member entirely for any breach committed in relation to the provisions of the Act.

7.12 Linking to the Website. Members may link to the Website’s home page, provided they do so in a way that is fair and legal and does not damage the Provider’s reputation or take advantage of it, but they must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of the Provider where none exists. Members must not establish a link from any website that is not owned by them. Members must not copy the Website, the Digital and Online Services or any related materials, whether in full or in part, and must not frame them on any other site, nor create a link to any part of the Website other than its home page. The Provider reserves the right to withdraw linking permission without notice. If the Member wishes to make any use of material on the Website other than as permitted under this clause, they should address their request to: patrick@environmentplus.org.uk and unless and until they have received written confirmation from the Provider, they do not have permission to do so. The Provider will aim to reply to a Member’s request under this clause 7.12 within 20 Business Days.

7.13 Links from the Website. Where the Website or the Digital and Online Services or related materials contain links to other sites and resources provided by third parties, these links are provided for the Member’s information only. The Provider has no control over the contents of any such third party sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from use of them.

 

  1. INTELLECTUAL PROPERTY RIGHTS

8.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Provider. The Provider has the sole and exclusive ownership of all rights title and interests in the Programme including all copyright and any other Intellectual Property Rights therein. All rights in and to the Personal Account is reserved by the Provider and any relevant third party licensors and the Member shall not infringe any of the Intellectual Property Rights owned or held under any licence by the Provider.

8.2 The Member acknowledges that, in respect of any third party Intellectual Property Rights in the Services, the Member’s use of any such Intellectual Property Rights is conditional on the Provider obtaining a written licence from the relevant licensor on such terms as will entitle the Provider to license such rights to the Member.

8.3 The Provider is the owner or the licensee of all Intellectual Property Rights in the Website and the Digital and Online Services, and in the materials published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

8.4 Whilst the pages from the Website and the Digital and Online Services may be downloaded or copied for the purposes for which they are intended, such copies may only be used by the Member, strictly for personal use and not for any commercial use without express written consent from the Provider or its licensors. The Member must not modify in any way the paper or digital copies of any materials they have printed off or downloaded, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. The Provider’s status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged fully and clearly in English, and accurately translated in any additional languages used. All copyright and trade mark notices, marks, logos, disclaimers and other such elements must be preserved and upheld at all times. If the Member prints off, copies or downloads any part of the Website or the Digital and Online Services or any materials found there in breach of these Conditions, the Member’s right to use the Website, the Digital and Online Services or any such materials will cease and terminate immediately and the Member agrees and undertakes that it shall, at the Provider’s option, either return or destroy any copies of the materials the Member had made.

 

  1. LIMITATION OF LIABILITY:THE MEMBER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

9.1 Nothing in these Conditions shall limit or exclude the Provider’s liability for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, volunteers, agents or subcontractors;

(b) fraud or fraudulent misrepresentation; or

(c) any other liability which cannot be excluded or limited under applicable law.

9.2 Subject to clause 9.1, the Provider, its employees, volunteers, agents and subcontractors:

(a) hereby expressly excludes liability of any kind for all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

(b) shall under no circumstances whatever be liable to the Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss, cost or damage (direct, indirect, consequential or otherwise) arising under or in connection with the Contract;

(c) hereby expressly excludes liability of any kind for any warranty written implied or otherwise as to any specific type, level, quantity, quality, volume, time, resource materials or outcome of any kind in relation to the Services that may be provided by the Provider at any time; and

(d) the Provider’s total liability to the Member in respect of all other losses arising under or in connection with the Contract (including any losses arising from use of the Website, use of the Digital Services or otherwise in connection with the Services), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100 (one hundred pounds sterling).

9.3 The Member accepts full responsibility for any costs, claims, losses or actions however they may arise in relation to any Services they may at the sole discretion of the Provider receive, and fully indemnifies the Provider against any such liabilities.

9.4 This clause 9 shall survive termination of the Contract.

 

  1. TERMINATION

10.1 The Member may terminate the Contract and cease its membership with the Programme at any time by giving the Provider not less than 7 Business Days’ written notice.

10.2 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if the other party:

(a) commits a material breach of its obligations under this Contract and (if such breach is remediable) fails to remedy that breach within 10 Business Days after receipt of notice in writing to do so;

(b) suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts;

(c) (being an individual) is the subject of a bankruptcy petition or order; or

(d) has a receiver or administrator appointed over the whole or any substantial part of its estate, business or assets, or if an order is made or a resolution is passed for its winding-up (other than for the purposes of a bona fide amalgamation or reconstruction of a solvent company).

10.3 Without limiting its other rights or remedies, the Provider may suspend the supply of Services under the Contract if the Member becomes subject to any of the events listed in clause 10.2(b) or clause 10.2(c), or the Provider reasonably believes that the Member is about to become subject to any of them.

10.4 On termination of the Contract for any reason:

(a) the Provider shall cease provision of all the Services to the Member, and no further payments shall be collected from the Member; and

(b) clauses which expressly or by implication have effect after termination shall continue in full force and effect.

 

  1. FORCE MAJEURE

11.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Provider including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Provider or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, epidemic, pandemic, or health emergency including lockdowns or curfews, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

11.2 The Provider shall not be liable to the Member as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

11.3 If the Force Majeure Event prevents the Provider from providing any of the Services for more than six months, the Provider shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Member.

 

  1. GENERAL

12.1 Assignment and other dealings.

(a) The Provider may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party.

(b) The Member shall not, without the prior written consent of the Provider, assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.

12.2 Notices.

(a) Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax or e-mail.

(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 12.2(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.

(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

12.3 Severance.

(a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

(b) If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

12.4 Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

12.5 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

12.6 Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.

12.7 Variation.

(a) Except as set out in clause 12.7(b) or elsewhere in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing by the Provider.

(b) The Provider may revise these Conditions, the Website, the Digital Services or any of the Services provided at any time without prior notice to the Member. Notifications of changes may be made on the Website and/or by messages via the Member’s Personal Account or by email contact. The Member accepts sole responsibility to check the Website and their Personal Account and emails from time to time to take notice of any changes made, and such changes shall be binding under the Contract.

12.8 Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

12.9 Jurisdiction. Each party irrevocably agrees 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 or its subject matter or formation (including non-contractual disputes or claims).

 

DATA PROTECTION & COOKIES POLICY 

The General Data Protection Regulation (GDPR) forms part of the data protection regime in the UK, together with the new Data Protection Act 2018 (DPA 2018). EnvironmentPlus International CIC is committed to meeting our obligations. This Data Protection & Cookies Policy is in force from 3rd August 2020.

The business of EnvironmentPlus International CIC, Shepway Business Centre, Shearway Business Park, Shearway Road, Folkestone, Kent, CT19 4RH

A non-profit organisation, a Community Interest Company, Limited by Guarantee.

Registered in England and Wales No. 6263729

(“Business”, “we”, “us”, “our”).

The Business is registered with the Information Commissioner’s Office (“ICO”).

  1. If you have any questions about this privacy policy (“Policy”), please contact us by email at the following admin email address: patrick@environmentplus.org.uk
  2. The Business will process your and third parties’ personal data, as further explained below, in the course of providing you with membership and other services including access to our website and online features (“Services”).
  3. We will let you know, by posting on our website or otherwise, if we make any changes to this Notice from time to time. Your continued use of the Services after notifying such changes will amount to your acknowledgement of the amended Notice.
  4. You shall and you hereby agree to indemnify the Business and its affiliates and their officers, employees, agents and subcontractors (each an “Indemnified Party”) from and against any claims, losses, demands, actions, liabilities, fines, penalties, reasonable expenses, damages and settlement amounts (including reasonable legal fees and costs) incurred by any Indemnified Party arising out of or in connection with any breach by you of the warranties included in paragraph 7.

What is Personal Data?

  1. “Personal data” means any information relating to an identified or identifiable natural person, known as ‘data subject’, who can be identified directly or indirectly; it may include name, address, email address, phone number, IP address, location data, cookies and similar information. It may also include “special categories of personal data” such as racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a data subject, data concerning health or data concerning a natural person’s sex life or sexual orientation.
  2. The Business may process personal data and special categories of personal data which you provide in connection with the Services about yourself and other data subjects, e.g. individuals whose details are included in any materials provided by you to the Business. The Business may obtain information about you and other data subjects from third party service providers, such as due diligence platforms. If you use our online Services, the Business may collect information about your devices including clickstream data.
  3. The provision of certain personal data is mandatory in order for the Business to comply with mandatory client due diligence requirements and consequently to provide the Services. You warrant on a continuous basis that such personal data is accurate, complete and up to date. Failure to comply may result in documents being rejected by the relevant certification, or other authorities, held invalid, or other difficulty to successfully completing the Services.
  4. In relation to personal data of data subjects you warrant to the Business on a continuous basis that:
  • where applicable, you are authorised to share such personal data with the Business in connection with the Services and that wherever another data subject is referred to, you have obtained the explicit and demonstrable consent from all relevant data subjects to the inclusion and use of any personal data concerning them;
  • to the extent this is required in connection with the Services, such personal data is accurate, complete and up to date; and
  • either you provide your explicit consent and warrant that each data subject has provided explicit consent for the transfer of personal data to organisations in connection with the Services as set out at paragraph 17, or that an alternative legal gateway for such transfer (such as transfer necessary for the conclusion or performance of a contract concluded in the interest of the data subject) has been satisfied.

How do we use your personal data?

  1. The Business will only process personal data, in accordance with applicable law, for the following purposes:
  • responding to your queries, requests and other communications;
  • providing the Services, including, where applicable, procuring acts from United Kingdom, European Union, and foreign organisations;
  • enabling suppliers and service providers to carry out certain functions on behalf of the Business in order to provide the Services, including webhosting, data storage, identity verification, technical, logistical, courier or other functions, as applicable;
  • allowing you to use features on our website, when you choose to do so;
  • sending you personalised marketing communications requested by you, as well as serving personalised advertising to your devices, based on your interests in accordance with our Cookie Statement below.
    You have the right to disable cookies
  • ensuring the security of the Business and preventing or detecting fraud;
  • administering our Business, including complaints resolution, troubleshooting of our website, data analysis, testing of new features, research, statistical and survey purposes;
  • developing and improving our Services;
  • complying with applicable law, guidelines and regulations or in response to a lawful request from a court or regulatory body.

The legal basis for our processing of personal data for the purposes described above will typically include:

  • processing necessary to fulfil your service requirements or membership with us, or a contract that we have in place with you or other data subjects, such as  processing for the purposes set out in paragraphs (a), (b), (c) and (d);
  • your consent, such as processing for the purposes set out in paragraph (e);
  • processing necessary for our or a third party’s legitimate interests, such as processing for the purposes set out in paragraphs (a), (b), (c), (f), (g) and (h), which is carried out on the basis of the legitimate interests of the Business to ensure that Services are properly provided, the security of the Business and its clients and the proper administration of the Business;

and

  • processing necessary for compliance with a legal obligation to which we are subject, such as processing for the purposes set out in paragraph (i).and any other applicable legal grounds for processing from time to time.

 

Cookie statement

What exactly are cookies?

  1. In order to collect the information including personal data as described in this Policy, we may use cookies and similar technology on our website. A cookie is a small piece of information which is sent to your browser and stored on your computer’s hard drive, mobile phone or other device. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. However, some of the Services offered through our website may not function properly if your cookies are disabled.
  2. Cookies can be first party or third party cookies.

First party cookies – cookies that the website you are visiting places on your device.

Third party cookies – cookies placed on your device through the website but by third parties, such as, Google.

The cookies placed on our website

  1. We may use the following cookies on our website:
  •  Strictly necessary cookies. These cookies are essential in order to enable you to move around our website and use its features. Without these cookies, Services you have asked for cannot be provided. They are deleted when you close the browser. These are first party cookies.
  • Performance cookies. These cookies collect information in an anonymous form about how visitors use our website. They allow us to recognise and count the number of visitors and to see how visitors move around the website when they are using it and the approximate regions that they are visiting from. These are first party cookies.
  • Functionality cookies. These cookies allow our website to remember choices you make (such as your user name, language or the region you are in, if applicable) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. These are first party cookies.
  • Targeting or advertising cookies. These cookies allow us and our advertisers to deliver information more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as to help measure the effectiveness of advertising campaigns.  They remember that you have visited our website and may help us in compiling your profile. These are persistent cookies which will be kept on your device until their expiration or earlier manual deletion.
  • Social Media cookies. These cookies allow you to connect with social media networks such as LinkedIn and twitter. These are persistent cookies which will be kept on your device until their expiration or earlier manual deletion.
  1. We may combine information from these types of cookies and technologies with information about you from other sources.

Cookie consent and opting out

  1. We assume that you are happy for us to place cookies on your device. Most Internet browsers automatically accept cookies. However, if you, or another user of your device, wish to withdraw your consent at any time, you have the ability to accept or decline cookies by modifying your browser setting. If you choose to decline cookies, you may not be able to fully experience the interactive features of our website, our platforms and Services.
  2. When you arrive on our website a pop-up message will appear for your consent to place advertising cookies on your device.  In order to provide your consent, click ‘Continue’, or you automatically agree if you continue to access the website pages . Once your consent has been provided, this message will not appear again when you revisit.  If you, or another user of your device, wish to withdraw your consent at any time, you can do so by altering your browser settings otherwise we will assume that you are happy to receive cookies from our website. For more information please visit allaboutcookies.org and http://www.youronlinechoices.com/uk/.

 

Disclosure of personal data

  1. There are circumstances where the Business may wish to disclose or is compelled to disclose your personal data to third parties. These scenarios include disclosure to:
  • our subsidiaries or associated offices;
  • our suppliers and service providers to facilitate the provision of the Services, including couriers, translators, IT consultants and legalisation and other handling agents, webhosting providers, identity verification partners (in order to verify your identity against public databases), consultants, for example, in order to protect the security or integrity of our business, including our databases and systems and for business continuity reasons;
  • public authorities to carry out acts which are necessary in connection with the Services, such as the UK Department for Work and Pensions, National Health Service or the Foreign Office;
  • foreign organisations to carry out acts which are necessary in connection with the Services, such as European Union, Embassies, Consulates and High Commissions;
  • professional organisations exercising certain public functions in relation to the services, such as Chambers of Commerce, or accreditation organisations or bodies;
  • subject to your consent, our advertising and marketing partners who enable us, for example, to deliver personalised ads to your devices or who may contact you by post, email, telephone, SMS or by other means;
  • successor or partner legal entities, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event relating to a Business. In the case of a merger or sale, your personal data will be permanently transferred to a successor organisation or company;
  • public authorities where we are required by law to do so; and
  • any other third party where you have provided your consent.

International transfer of your personal data

  1. We may transfer your personal data to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes of the business and services set out above. Such organisations will process personal data in accordance with the laws to which they are subject and international treaties over which the Business has no control.
  2. If the Business transfers personal data to private organisations abroad, such as subcontractors, it will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means. You may contact us for a copy of such safeguards in these circumstances.

Retention of personal data

  1. Your personal data will be retained for as long as is reasonably necessary for the purposes listed above or as required by the law. For example, HMRC and other government departments may require data be preserved for specific periods such as 6 years. Please contact us for further details of applicable retention periods. Personal data may for reasons of security and convenience be stored on remote data facilities but in an encrypted form.
  2. We may keep an anonymized form of your personal data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.

Security of personal data

  1. The Business will implement technical and organisational security measures in order to prevent unauthorised access to your personal data.
  2. However, please be aware that the transmission of information via the internet is never completely secure. Whilst we can do our best to keep our own systems secure, we do not have full control over all processes involved in, for example, your use of our website or sending confidential materials to us via email, and we cannot therefore guarantee the security of your information transmitted to us on the web.

 Data subject rights

  1. Data subjects have numerous rights in relation to their personal data. For further information about your data protection rights please visit the ICO website: ico.org.uk
  • Right to make a subject access request (SAR). Data subjects may request in writing copies of their personal data. However, compliance with such requests is subject to certain limitations and exemptions and the rights of other data subjects. Each request should make clear that a SAR is being made. You may also be required to submit a ‘proof of your identity’ and ‘payment’, where applicable.
  • Right to rectification. Data subjects may request that we rectify any inaccurate or incomplete personal data.
  • Right to withdraw consent. Data subjects may at any time withdraw their consent to the processing of their personal data carried out by the Business on the basis of previous consent. Such withdrawal will not affect the lawfulness of processing based on previous consent.
  • Right to object to processing, including automated processing and profiling. The Business does not make automated decisions. Profiling may be carried out for Business administration purposes, such as monitoring trends in user visits of our website, and in order to deliver targeted ads. The Business may use third party due diligence platforms which provide recommendations about data subjects by automated means. We will comply with any data subject’s objection to processing unless we have a compelling overriding legitimate ground for the processing, the processing is for the establishment, exercise or defence of legal claims or we have another lawful reason to refuse such request. We will comply with each valid opt-out request in relation to marketing communications.
  • Right to erasure. Data subjects may request that we erase their personal data. We will comply, unless there is a lawful reason for not doing so. For example, there may be an overriding legitimate ground for keeping the personal data, such as, our archiving obligations that we have to comply with.
  • Data subjects may request that we restrict our processing of their personal data in various circumstances. We will comply, unless there is a lawful reason for not doing so, such as, a legal obligation to continue processing your personal data in a certain way.
  • Right to data portability. In certain circumstances, data subjects may request the controller to provide a copy of their personal data in a structured, commonly used and machine readable format and have it transferred to another provider of the same or similar services. To the extent such right applies to the Services, we will comply with such transfer request. Please note that a transfer to another provider does not imply erasure of the data subject’s personal data which may still be required for legitimate and lawful purposes.
  • Right to lodge a complaint with the supervisory authority. We suggest that data subjects contact us about any questions or complaints in relation to how we process personal data. However, each data subject has the right to contact the relevant supervisory authority directly.