Licence Terms and Conditions for use of Environmental Data provided via a BMERC Data Search

Data supplied by BMERC as a result of a Data Search (The Data) is supplied under licence and is subject to the following Terms and Conditions.

Please read this document carefully, it is an integral part of the Data Search process. Submitting a Data Search is subject to these Terms and Conditions and by doing so you agree that:
● you have read these Terms and Conditions,
● you understand their implications,
● you confirm that declarations you are making are true and that
● you will adhere to these Terms and Conditions.

1. General Terms and Conditions
1.1 I agree that the The Data supplied by BMERC as a result of the Data Search and any derivative of The Data such as tables or maps, will be accessed only by those specified in the Data Search.

1.2 I will not pass The Data on to other bodies or individuals (including clients, agents and colleagues) unless they are specified in the Data Search and have received a copy of these Licence Terms and Conditions for use of Environmental Data provided via a BMERC Data Search.

1.3 I will not pass The Data to any other third parties without the written permission of BMERC.

1.4 I will not copy, distribute, disseminate, publish or broadcast The Data in any format, including on the Internet, without written consent from BMERC.

1.5 I agree that The Data is licensed for use for a maximum of 6 months from the date of receipt of the email with the eMapper link (the Expiry Date).

1.6 I will delete or destroy The Data on or before the Expiry Date (or archive it and make it unavailable for use if constrained for legal or insurance reasons). I will contact BMERC not less than 10 working days before the Expiry Date if I want to extend this licence.

1.7 I agree that where other parties require access to The Data, I will direct them to BMERC.

1.8 I will not load The Data into other systems or formats, e.g. a computerised database or Geographic Information System (GIS) without the written consent of BMERC.

1.9 I will keep The Data secure from unauthorised or accidental use, access, disclosure or loss and to take reasonable practical steps to ensure the security of The Data.

1.10 I will not use The Data for any purpose other than that for which it was requested.

1.11 I confirm that The Data will only be used for legitimate and legal purposes.

1.12 I confirm that I have not, nor to the best of my knowledge has anyone else specified in the Data Search, been investigated for or convicted of any form of wildlife crime.

1.13 I confirm that I have not, nor to the best of my knowledge has anyone else specified in the Data Search, previously misused data obtained from this or other local environmental records centres.

1.14 I understand that data held by Buckinghamshire and Milton Keynes Environmental Records Centre (BMERC) belongs either to BMERC or to those organisations, groups and individuals from which BMERC sources information. The copyright of original biological records remains with the original recorder and that copyright of processed data and reports belongs to BMERC.

1.15 I will not hold BMERC or its data suppliers liable for problems and/or financial loss, which might arise from inaccuracy of any data supplied by BMERC.

1.16 I will ensure that BMERC are acknowledged in any publication or report produced using The Data or conclusions derived from it. No charge will be made to BMERC in supplying a copy of that publication or report.

1.17 I understand that The Data are provided 'as held' by BMERC and were deemed to be accurate at the time of collection. BMERC cannot guarantee the accuracy of data supplied.

1.18 I understand that use of BMERC data search services does not in any way replace the need for adequate field survey(s).

1.19 I understand that records showing the presence of a habitat or species do not guarantee continued occurrence of that habitat or species. Furthermore, absence of records does not necessarily imply absence of a habitat or species, merely that records are not held by BMERC.

1.20 I understand that BMERC operates as a not-for-profit organisation for the provision of objective biodiversity information. Charges are made to cover the administrative the costs of collating, managing and disseminating biodiversity information and in accordance with Environmental Information Regulations 2004 (EIR).

2. Digital data terms and conditions
2.1 Where digital data (GIS maps) are provided, this is for the sole use of the assigned user for the purposes specified. Nor used for other purposes than that for which it was supplied. The digital data should not be used for purposes which damage wildlife sites or species, or geological sites. Misuse of the information provided may result in the licensee being denied access to BMERC information in the future.

2.2 The use of the digital data is licensed until the expiry date of the data search. Requests to renew must be made not less than 15 working days before the expiry. If the data search is not renewed the digital data must be erased from the users digital and paper files at the expiry date (or archived and made unavailable for use if constrained for legal or insurance reasons).

2.3 BMERC can supply datasets that are copyright to a number of original sources. The datasets should not be reproduced in the public domain without the written permission from BMERC. BMERC should be clearly acknowledged as the source of the data.

2.4 Where the data consist of GIS polygons or lines, it should be noted that these were created using an underlying Ordnance Survey mapbase. Ordnance Survey copyright should be acknowledged by the addition of the following copyright statement on any maps produced using the data: This map is based upon Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Buckinghamshire County Council Licence No. 100021529, 2012.

2.5 Whilst every effort is made to ensure the accuracy of digital data, BMERC bears no legal responsibility for the accuracy or comprehensiveness of the data provided and accepts no liability for indirect, consequential or incidental damages or losses arising from use of the data.

2.6 Failure to comply with any of the terms and conditions of this agreement will be construed as a breach of these terms and conditions. Staff accessing datasets supplied under this agreement must be made fully aware of the relevant terms. On receiving notification that an agreement has been terminated the licensee will immediately erase or otherwise destroy all copies of the digital data.

2.7 BMERC retains its right to use legal proceedings to protect its copyright.

Contact Us
Buckinghamshire & Milton Keynes Environmental Records Centre
Planning, Growth and Sustainability
Buckinghamshire Council
6th Floor, Walton Street Offices,
Walton Street, Aylesbury, Bucks. HP20 1UY
Tel: 01296 382431
E-mail: erc@buckinghamshire.gov.uk
Twitter: @BucksMKERC
Website: http://www.bucksmkerc.org.uk

5th August 2019