Terms and Conditions of Use of the Integrated Biodiversity Assessment Tool (IBAT)
Access to the Integrated Biodiversity Assessment Tool and the data is provided subject to the following Terms and Conditions.
Please read these Terms and Conditions carefully.
For the purposes of these Terms and Conditions the following terms shall have the following meanings:
1.1 “BirdLife” means BirdLife International, the “Owner” and “Service Provider” of IBAT.
1.2 “Account” means collectively the personal information, and credentials used by Users to access the Website.
1.3 “Affiliate” shall mean, in relation to the subscriber’s company, any company which is, at the relevant point in time, a member of the Subscriber’s Group.
1.4 “IBAT Alliance” means the parties who have signed the “IBAT Collaboration Agreement”.
1.5 “IBAT Collaboration Agreement” means the Agreement on the Establishment of the IBAT Alliance and License Agreement for the Integrated Biodiversity Assessment Tool.
1.6 “IBAT” means The Integrated Biodiversity Assessment Tool – The IBAT is a web-enabled data visualization application. IBAT converts critical conservation data into synthesized information (e.g. maps), thus providing decision makers such as businesses, governments and those funding their operations access to critical biodiversity information at the site level to inform risk assessment procedures for existing and potential developments.
1.7 “Information” means the data displayed in IBAT
1.8 “Subscriber” is the company or individual paying the “Subscription Fee” to access the “Services”.
1.9 “Subscription Fee” means the fee for the use of Services as set out on the Website.
1.10 “User” is any person employed by a member of the Subscriber’s Group, or any contractor or agent engaged by a member of the Subscriber’s Group who accesses or uses the Website.
1.11 “Subscriber’s Group” means the “Subscriber”, and any subsidiaries or affiliates of where more than 50% of the voting shares are owned by the Subscriber’s Group.
1.12 “Services” means the web application and associated functions as provided through the IBAT for business Website.
1.13 “Website” means http://www.ibatforbusiness.org which is operated by BirdLife International on behalf of the IBAT Alliance.
2.1 In order to use the Services on this Website you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. You represent and warrant that:
(i) All information you submit is accurate and truthful; and
(ii) You will keep this information accurate and up-to-date.
2.2 Your creation of an Account is further affirmation of your representation and warranty.
2.3 Sharing of Account details is permitted ONLY with persons employed by a member of the Subscriber’s Group, or any contractor or agent engaged by a member of the Subscriber’s Group (see clause 6.1).
3.1 Subscription charges commence on the date that your subscription is activated.
3.2 Your payment will be at the price stated on the Website. The Service Provider reserves the right to change Subscription Fees from time to time and any such changes may affect your subscription rate.
(i) Increases in prices will be reflected in your subscription on the date of the immediately subsequent renewal: and
(ii) Decreases in price will be reflected in your subscription on the date of the immediately subsequent renewal.
For further information on subscriptions and pricing please visit the Subscriptions page (http://www.ibatforbusiness.org/register.php).
3.3 Pay-as-you-go (PAYG) subscribers (as defined on the Subscriptions page) will be billed on registration and subscription will begin following successful payment via credit/debit card.
3.4 PAYG subscribers will have access to the Website for two weeks from the date of the account activation allowing one country/territory download. Additional country/territory downloads may be purchased.
3.5 Annual subscribers (as defined on the Subscriptions page) will have access for one year with unlimited country/territory downloads from the date of the account activation on payment of the Subscription fee.
3.6 All subscription charges are non-refundable.
3.7 If you terminate your subscription or account you will continue to use the Services for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your Subscription.
3.8 If your subscription expires, you and all users granted access through your subscription, including affiliates, must immediately destroy any materials obtained from the IBAT web site, including but not limited to downloaded spatial data, and delete all information from any computer and electronic media. Any materials from IBAT that have been copied as part of a back-up procedure may be retained as part of the archived computer records, but may not be restored and used for any future work after the expiration of the subscription.
5 Use of Information and Services
5.1 The Subscriber (and its Affiliates) may:
(i) review and download information from the Website and store such Information:
a. for their own internal use
b. for the use of contractors and agents working on their behalf and who have given a written undertaking to the Subscriber to use such information only for the purpose of advising the Subscriber (and its Affiliates)
PROVIDED THAT any copies of such Information downloaded or accessed by the Subscriber (and its Affiliates) under this clause are labelled clearly (with the correct copyright notices and attributions as specified on the Website at the time of downloading); and
(ii) include extracts of the Information (and any information derived or deduced from the Information) in reports to Affiliates and to other relevant third party collaborators, PROVIDED THAT
a. any information provided to third party collaborators under this sub-clause is provided strictly for the purposes of the collaboration only;
b. the sources of such information are properly acknowledged, and the proper copyright notices and attributions are clearly displayed; and
(iii) otherwise reproduce extracts of the Information PROVIDED THAT permission in writing from the Service Provider is first obtained and subject to any reasonable conditions the Service Provider may impose.
5.2 All copyright in the Information and all database rights and other intellectual property rights thereto are vested in the Service Provider and/or its collaborators, and no such rights are transferred to the Subscriber (or its Affiliates) by virtue of theseTerms and Conditions.
5.3 Except as provided for in clause 5.1, the Subscriber shall not (and shall procure that its Affiliates and their contractors and agents shall not):
(i) sell, publish, distribute, provide, display, transfer, license, loan or otherwise dispose of the Information, any part thereof or any derivative by any means (including without limitation by way of making material available via any website on a commercial or any other basis to third parties without the prior written consent of the Service Provider), or
(ii) remove, conceal or alter any copyright notices
a. Displayed on or contained in the Information; or
b. Which are required to be displayed under sub-clause 5.2 above.
(for the purposes of this clause “third party” means any person or entity which is not an employee, contractor or agent of the Subscriber (or any member of the Subscriber’s Group) and “third parties” shall be construed accordingly).
5.4 The Subscriber shall:
(i) ensure that each of its relevant contractors and agents (and each of its Affiliates and their relevant contractors and agents), is aware of and complies with applicable United Kingdom and international intellectual property and other laws and shall, in any event, be responsible for their compliance;
(ii) ensure that each of its relevant contractors and agents (and each of its Affiliates and their relevant contractors and agents), is aware of and complies with the conditions of use of the information contained in these Terms and Conditions, and shall, in any event, be responsible for their compliance;
(iii) use its best efforts to ensure that each User, complies with any additional restrictions relating to the use of Information and notified by means of on-screen notices appearing on the Website from time to time;
(iv) provide the Service Provider with reasonable assistance in complying with the Service Provider’s legal and contractual obligations in relation to the use of Information (including, without limitation, in relation to issues of privacy, freedom of information and copyright);
(v) as reasonably requested by the Service Provider, provide feedback regarding the use of Information by the Subscriber, its Affiliates and their contractors and agents;
(vi) effect and maintain adequate security measures to safeguard the IBAT from access or use by any unauthorised person which shall include without limitation:-
a. taking all necessary steps to preserve the confidentiality of passwords provided to Users; and
b. immediately reporting to the Service Provider any suspected instances of unauthorised use, or any other suspected breaches of security.
(vii) be responsible for the purchase and upkeep of all hardware and software necessary to access and make use of the Information and Services described under theseTerms and Conditions.
6 Scientific Analysis, Reports and Publications
The Information is provided with additional supporting metadata which generally describes its source, how it was compiled, its quality and limitations and the user is bound to abide by any stipulations contained therein. The IBAT Alliance will on request be prepared to provide guidance, and reserves the right to charge additional fees for this guidance, to aid in the correct use and interpretation of the Information and also reserves the right to comment on the accuracy of representation of the Information in any scientific analysis, report or publication. The IBAT Alliance require a copy of all published materials that include the Information to be lodged with them free of charge within one month of publication preferably in electronic format via email@example.com. However, if only a paper copy is available this should be sent to the address below.
FAO IBAT Project Manager, BirdLife International, David Attenborough Building, Pembroke Street, Cambridge, CB2 3QZ UK.
In addition to the Subscription Fee, the Subscriber shall be responsible for payment of all taxes and any other charges levied by any government or any governmental authority in respect this Subscription or any of the transactions contemplated in these Terms and Conditions including, without limitation, any amounts due for VAT, sales, excise or any other applicable taxes, and the Subscriber agrees to hold the Service Provider harmless in respect of the same.
Where applicable VAT will be charged in addition to the Subscription Fee upon subscription. If a company is registered for VAT in the EC and outside the UK they are responsible for paying VAT to their government at the national rate under the reverse charging mechanism.
8 Term and termination
8.1 If the Subscriber wishes to terminate their subscription at the end of the subscription period, the Subscriber, shall not later than 90 days prior to the expiry of the Subscription, notify the Service Provider in writing that it does not wish the Subscription to be renewed. If the Subscriber does not give notice as contemplated in this clause 8.1, then the subscription shall automatically be renewed for a further 12 month period and shall continue to be renewed on each anniversary for further 12 month periods thereafter, unless the Subscriber terminates their subscription in accordance with clause 8.2 below.
8.2 The Subscriber may terminate their Subscription at the conclusion of any 12 month period referred to in clause 8.1, provided that, not later than 90 days prior to the expiry of that 12 month period, the Subscriber gives notice in writing to the Service Provider that it does not wish their subscription to be renewed.
9 Disclaimer of Endorsements
Permission to use the Information in any third party’s scientific analysis, report, publication or online application does not and shall not be deemed to constitute endorsement of these by the IBAT Alliance.
You must ensure that the following citation is always clearly reproduced in any report or other record or in any online format which reproduces Information in whole or in part:
“Protected Area and Key Biodiversity Area data downloaded from the Integrated Biodiversity Assessment Tool (IBAT) (http://www.ibatforbusiness.org). Provided by BirdLife International, Conservation International, IUCN and UNEP-WCMC. Please contact firstname.lastname@example.org for further information.”
11 Currency of IBAT and Updates
Unless required to do so for specific analyses, you should not use any version of the Information and derivatives after they have been superseded by subsequent versions. It is your responsibility to check if an update of the Information or derivatives is available and to use the latest version.
12 No Warranty, and Exclusion and Waiver of Liability
The IBAT, Information and derivatives are provided to you ‘as is’, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR FREE OPERATION. You agree that you download and/or use the IBAT, Information and derivatives at your own risk and responsibility. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY BIRDLIFE, THE PARTIES TO THE IBAT ALLIANCE, THEIR AFFILIATES, AGENTS OR COLLABORATORS THAT THE USE OF THE IBAT, INFORMATION AND DERIVATIVES SHALL NOT INFRINGE THE PATENT RIGHTS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. In no event will BirdLife, the Parties to the IBAT Alliance, their affiliates, agents or collaborators be liable to you for any damages, including without limitation, direct or indirect, special incidental, moral or consequential damages arising in connection with your use of the IBAT, Information or derivatives, even if BirdLife, the Parties to the IBAT Alliance, their affiliates, agents or collaborators are advised of the possibility of such damages. In consideration of the rights granted to you in these Terms and Conditions, you hereby waive and release BirdLife, the Parties to the IBAT Alliance, their affiliates, agents and collaborators from any liability (including, without limitation, in negligence, strict liability or under any other theory) whatsoever and howsoever arising in connection with the download and/or use of the IBAT, Information or derivatives. You agree that this waiver and release is effective in any and every jurisdiction in the world. You agree to protect, defend, hold harmless, and indemnify BirdLife, the Parties to the IBAT Alliance, their affiliates, agents or collaborators, from and against any and all third party claims, liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any way from your use of the IBAT, Information and derivatives, your violation of these Terms and Conditions, or your infringement, or infringement by any other user of your account or on your behalf, of any intellectual property or other right of any person or entity.
13 Disclaimer on Representations of frontiers and National Boundaries
The geographic designations in the IBAT do not imply the expression of any opinion by the IBAT Alliance concerning the legal status of any country, territory or area, or concerning the delimitation of its frontiers or boundaries.
14 Feedback and Revised Information
The IBAT Alliance endeavours to maintain accurate and up-to-date data in the IBAT. In order to assist in that endeavour, you are requested to provide feedback on the quality, reliability and accuracy of the Information. To improve the IBAT, the IBAT Alliance welcomes revised information in the form of GIS data, electronic images, paper maps, tables, GPS coordinates, and/or in any other useable format submitted to email@example.com. Such contributions must be free of restrictions to achieve IBAT’s purpose; as such, by making such contributions, you hereby grant to the IBAT Alliance a perpetual, world-wide, irrevocable, royalty free license to use, modify, distribute and publish such contributions in any format or medium. Further, by making such contributions you represent and warrant that you own all necessary rights and/or permission to make such contributions available under the aforementioned license. The IBAT Alliance shall have the right, but no obligation, to incorporate such contributions into IBAT.
15 No Grant in Service Marks and Logos
IBAT, BirdLife International, Conservation International, IUCN, UNEP World Conservation Monitoring Centre and their associated logos are the property of the respective service mark holders, and any use, reproduction, display or publication without permission is strictly prohibited.
16 Law and Jurisdiction
So far as may be relevant, the place of performance of the license and/or agreement constituted under these terms and conditions shall be the place where this web-download is served. Any dispute arising out of or in connection with these Terms and Conditions and/or the download and/or use of the IBAT shall be settled by amicable negotiation between you and BirdLife. Should attempts at amicable negotiation fail, any such dispute shall, upon request by either you or BirdLife, be referred to binding arbitration in accordance with the UNCITRAL arbitration rules then prevailing.
Any communication with respect to these Terms and Conditions and any issue arising from them shall be in writing in English and sent by email. The address for communication with the IBAT Alliance is firstname.lastname@example.org.
18 Changes to these Terms and Conditions
BirdLife and the Parties to the IBAT Alliance reserve the right to review and make changes to these Terms and Conditions from time to time and without notice to you. You agree that your continued access and use of the Services constitutes consent to such changes in the Terms and Conditions. You should therefore read these Terms and Conditions on each occasion you access this Website.