Flood Estimation Handbook (FEH) Online Terms of Service

1. Defined Terms

In these Terms:

"Agreement" means the legally binding agreement made between you and us by your acceptance of these Terms;

"Authorised User" means any person within your organisation whom you permit to access and use the Service;

"Data" means the environmental data accessed with the Software used to provide the Service;

"Documentation" means any documentation relating to the Service or Software provided or made available to you by us;

"Educational and Research User" means a user of the Service for the purpose of teaching and learning, and/or teacher training and which does not involve direct or indirect commercial gain, or for bona fide research to further a body of knowledge, the resulting research papers of which, will be disseminated widely and without delay within the academic community or in the public domain. Such research papers will not be held for the exclusive information or use of the research sponsor or sponsors or in any way restricted from access to the academic community or the wider public.

"Results" means:

1. extracts of the Data obtained through Retrievals;

2. a Work or Works incorporating extracts of the Data; or

3. a Work or Works directly or indirectly derived from the Data or extracts thereof (for example through the use of environmental modelling software) the creation of which substantially relied on those Data or extracts, whether quantitatively or qualitatively;

"Retrieval" means the retrieval of Data using the Software, through the presentation of a set of criteria by a query, using the Service;

"Service" means the FEH Online Service provided by use through the Website;

"Software" means any online software applications provided by us as part of the Service;

"Standard User" means a user who is not an Educational and Research User

"we" or "us" means UKCEH;

"Website" means fehweb.ceh.ac.uk; and

"Work" means a work, table, collection of data or materials, computer program, map or model.

"you" means the company or other organisation which employs an Authorised User of the Service or, in the case of an educational establishment, of which the Authorised User is a registered student, or the individual user his or herself if the user is not using the Service in the course of his or her employment or education;

2. Ownership of Rights

The Service, Software, Data and Documentation are all proprietary to us or to our licensors. We reserve all intellectual property rights, including copyright, in all such items, provided that copyright and database rights in the Data vest in UKCEH and the Crown.

3. Grant and Scope of Access Rights

Subject to your continued compliance with these Terms, we hereby grant to you a non-exclusive, non-transferable right to use (and permit your Authorised Users to use) the Service, Documentation and Results during the term of the Agreement in accordance with these Terms.

4. Pricing and Retrievals

4.1    You may use the Service to conduct Retrievals for which you have paid. You may pay for Retrievals on a pre-paid basis, whereby you pay in advance for a bundle of credits, each of which may then be redeemed in order to conduct a Retrieval at a later date (subject to clause 4.3). The price which you must pay (which may depend on whether you are a Standard User or an Educational and Research User) will be set out on the Website or in the Documentation.

4.2 Payments are processed by Wallingford HydroSolutions on behalf of UKCEH and the Data is supplied by UKCEH. We accept payment through our payment processing service provider Opayo by Elavon (formally known as Sage Pay). The collection and processing by Opayo of your credit and debit card details or any other personal data are governed by Opayo's terms and conditions available at https://www.opayo.co.uk/policies.

4.3    We will not be obliged to provide the Service to you for any period exceeding twelve (12) months from the latest date on which you have purchased a bundle of Retrieval credits from us. You acknowledge and accept that if you do not use the credits within that period, or if the Agreement between you and us is terminated for any reason, those credits may no longer be redeemed and the Service will cease to be provided to you. We will have no liability to you in relation to your inability to use any such credits.

4.4    When you conduct a Retrieval, the Results derived from that Retrieval will be provided to you within the Service but may be exported in such file formats as the Service may support from time to time. The Service also includes the facility to store and review the Results derived from Retrievals you have conducted as well as the facility to save catchment boundaries relating to Retrievals as ESRI (Environmental Systems Research Institute) shapefiles. However, we do not warrant the continued availability of stored Results or shapefiles and will not have any liability to you for the loss or corruption of any stored Results or shape files. You agree that you are responsible for ensuring that you have made back-up copies of any Results or shapefiles within your own systems.

5. Permitted Uses of Results

5.1    If you are Standard User, you may during the term of the Agreement, subject always to clause 6, generate Results and:

5.1.1    use those Results internally for your private or business purposes or internally within your organisation (as applicable);

5.1.2    provide copies of those Results to a third party in the course of the provision by you of value-added consultancy services to that third party;

5.1.3    provide copies of those Results to another party with whom you are collaborating in the joint production of Results pursuant to a fixed-term, written collaboration agreement where the other party is obliged to return to you or destroy all copies of the Results at the end of the collaboration;

5.1.4    provide copies of those Results to another party who is appointed by you as a sub-contractor under a written contract, for use in relation to work carried out on your behalf, where the sub-contractor is obliged to return to you or destroy all copies of the Results at the end of the contract;

5.1.5    if you are a public sector body, in furtherance of your public task:

1. provide copies of those Results to a third party on request, where no direct or indirect charge is made other than to cover your direct costs of providing the report;
2. publish or otherwise place in the public domain copies of those Results on terms that no charge is made for access to it and the source is expressly acknowledged as provided in clauses 7.3 and 7.4,

provided that in each case the Results are provided for information purposes only and on condition that they may not be re-supplied to any third party or re-communicated to the public on commercial terms or for financial gain; or

5.1.6    provide copies of those Results to a third party pursuant to an order of a court, tribunal or other competent authority or to the extent that you are required to do so to comply with any applicable law or regulation.

5.1.7    provide copies of those Results to a third party public authority for regulatory, auditing or quality assurance purposes.

5.2    Whether you are a Standard User or an Educational and Research User, you may, subject always to clause 6, generate and use Results for the purposes of non-commercially-funded academic research or teaching or training and:

5.2.1    communicate those Results in the course of the provision of teaching or training to recipients of that teaching or training; and

5.2.2    publish those Results in an academic publication, without levying any charge to the publisher.

5.3    If you are a Standard User you may also, subject always to clause 6, do any of the activities permitted in clauses 5.1 and 5.2 above in relation to Results generated and supplied to you by another Standard User with whom you are collaborating in the joint production of Results pursuant to a fixed-term, written collaboration agreement.  Where you are appointed as a sub-contractor under the terms of clause 5.1.4 on behalf of another Standard User you may supply Results generated by you under the sub-contract to that other Standard User in accordance with the terms of the sub-contract.

5.4    All other uses of Data or Results are subject to agreement of a separate licence, which, if granted, may require the payment of royalties.

5.5    For the avoidance of doubt, nothing in these Terms restricts your rights as a lawful user of any database consisting of the Data or any part thereof in relation to insubstantial parts of the contents of any such database, subject to your complying with your obligations as a lawful user of such database.

6. Prohibited Uses

6.1    Notwithstanding any other provision of these Terms you may not, whether on your own or jointly or in collaboration with any other person:

6.1.1    generate, use, provide copies of, publish or otherwise place in the public domain Results, or contract with any other person to do any of those things, where to do so would, by reason of the quantity or characteristics of the Data incorporated in the Results or relied upon to generate them, be unreasonable, would provide an unreasonable number of users with access to the Results, would take unfair advantage of your rights under the Agreement or any other person's agreement with us or would unfairly prejudice future sales of the Service or Data or future versions of the Service or Data;

6.1.2    copy or communicate or make copies available to any third parties or the public, in any form and by any means, of all or any substantial part of the Data or Results, save to the extent expressly permitted under these Terms;

6.1.3    use data mining software to extract Data from the Service or Software or to generate Results;

6.1.4    provide copies of Results, to any third party on terms that permit their re-supply or their re-communication to the public by that or any other third party on commercial terms or for financial gain, except pursuant to a separate agreement between us and the third party in question;

6.1.5    export or re-export any Data or Results without the appropriate United Kingdom or foreign government licences, if required.

6.2    You shall not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these Terms:

6.2.1    attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means; nor

6.2.2    attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software.

6.3    You shall not:

6.3.1    access all or any part of the Service and Documentation in order to build a product or service which competes with the Service and/or the Documentation;

6.3.2    use the Service and/or Documentation to provide services to third parties (except as expressly permitted under these Terms); nor

6.3.3    assist third parties (other than your Authorised Users) in obtaining access to the Service.

6.4    If you do any of the foregoing without our express permission, these Terms will be breached and your right to use the Service will terminate automatically. Such termination shall be in addition to and not in lieu of any other legal remedies available to us.

6.5    You shall not use the Service or Results for any illegal, deceptive, misleading or unethical purpose or otherwise in any manner which may be detrimental to the reputation of Licensed Data, the Licensee or any person.

7. Your responsibilities

7.1    Unless otherwise agreed in writing, you must train your Authorised Users to understand the purpose, operations, and limitations of the Service. You are responsible for how you and they use the Service, the Data and any Results obtained.

7.2    You are responsible for the interpretation of any Data and Results.

7.3    Where our copyright or database rights subsist in Results, you must include the following statement on or in relation to all copies of them, including but not limited to maps and images: '© and database right UKCEH. All rights reserved'. Where Results contain Ordnance Survey data you must also include the following statement: 'Contains Ordnance Survey data © Crown copyright and database right. Where our copyright or database right do not subsist in Results, you must acknowledge the use of the Service when publishing or communicating Results as follows: 'results based upon FEH methodology and data, UKCEH' with the reference 'UKCEH. The Flood Estimation Handbook (FEH) Online Service, UK Centre for Ecology & Hydrology, Wallingford, Oxon, UK'.

7.4    Use of the Service must be acknowledged within publications and reports, and on copies of Results, as follows: 'UKCEH. The Flood Estimation Handbook (FEH) Online Service, UK Centre for Ecology & Hydrology, Wallingford, Oxon, UK'.

7.5    You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Service and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify us.

8. Data Protection

We shall, in providing the Service, comply with our Privacy Policy relating to the privacy and security of any personal data provided by you to us, available at http://www.ceh.ac.uk/privacy-policy or such other website address as may be notified to you from time to time, as such document may be amended from time to time by us.

9. Term and Termination

9.1    The Agreement begins when you first access the Service and thereby agree to be bound by these Terms, and continues, until terminated in accordance with this clause or the general law.   On termination of these Terms for whatever reason all licences granted under these Terms will cease, and, unless permitted under another agreement with us, you may not thereafter use the Service or generate, use, copy, provide copies of, publish or otherwise place in the public domain any Data or Results, whether on your own or with or through any other person, or assist or procure any other person to do any of those things.

9.2    You may terminate the Agreement at any time by written notice to us.

9.3    The Agreement will terminate immediately if you fail to comply with any term or condition of these Terms.

9.4    If at any time we adopt a new version of these Terms we may substitute that new version for these Terms by at least thirty (30) days' prior written notice to you enclosing a copy of that new version.  That new version will take effect on a date nominated by us which may be no less than thirty (30) days after receipt by you of the notice, and on that date the Agreement will be varied by the application of the new version of these Terms in substitution for the old version.

9.5    In the event of termination of the Agreement:

9.5.1    we may at our option (but are not obliged to) continue to make available to you for such time as we may deem appropriate any stored Results or shapefiles created by you in your use of the Service; and

9.5.2    any accrued rights or remedies of the parties as at termination shall not be affected.

10. Warranty and Disclaimer

10.1    We warrant that the Service will be provided with reasonable skill and care and will conform in all material respects with the Documentation.

10.2    The warranty in clause 10.1 shall not apply to the extent of any non-conformance which is caused by use of the Service contrary to our instructions or any instructions or requirements set out in the Documentation. Otherwise, if the Service does not conform with the foregoing undertaking, we will use reasonable endeavours to correct any such non-conformance within a reasonable period of time. Such correction shall be your sole and exclusive remedy for any breach of the warranty set out in clause 10.1.

10.3    We do not warrant that your use of the Service will be uninterrupted or error-free; nor that the Service, Documentation and/or Results will meet your requirements. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

10.4    We exclude and hereby expressly disclaim all express and implied warranties or conditions not stated herein so far as such exclusion or disclaimer is permitted under the applicable law.  If you are a consumer these Terms does not affect your statutory rights.

11. Liability

11.1    Our total aggregate liability to you for any losses, damages, costs or expenses incurred by you in relation to your use of the Services or otherwise in connection with the subject matter of these Terms shall not exceed an amount equal to the sums paid by you to us during the six (6) months preceding the date on which the event giving rise to such liability occurred.

11.2    In no event will we be liable to you for any:

11.2.1    indirect or consequential loss; or

11.2.2    for any loss of profits, loss or corruption of data, business interruption or loss of contracts (in each case whether direct or indirect),

even if we have been advised of the possibility of such loss.  In particular, we accept no liability for the loss or corruption of any Results or other data made or stored using the Service nor for the costs of recovering or replacing such Results or data.

11.3    You hereby acknowledge and agree that the limitations contained in this clause are reasonable in all the circumstances.

12. General

12.1    Should any of the provisions in these Terms be held invalid or unenforceable, they shall be deemed modified or omitted only to the extent necessary to render them valid and enforceable and the remainder of these Terms shall be unaffected.

12.2    We will not be liable for any unavailability of the Service, or any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by events outside our reasonable control including (without limitation) natural disasters, failures of telecommunications networks, power failure, failure of our suppliers, data loss and the acts of any government.

13. Contacting Us

You may serve written notice to us for the purposes of these Terms by courier or post to our address set out above. You may also serve written notice to us, or otherwise contact us (including for the purposes of raising any enquiry regarding the operation of the Service, or to report faults to us) at fehweb@ceh.ac.uk.

14. Governing Law and Jurisdiction

These Terms are governed by English law and the parties submit to the exclusive jurisdiction of the English Courts in relation to any dispute concerning the subject matter, interpretation or effect of these Terms