Sustainable Packaging Academy - Terms and Conditions
1. Definitions
1.1. “Charges” shall mean the fee paid by you to the Company for the Services.
1.2. “Commencement Date” shall mean the date of which the Services shall commence as defined in clause X
1.3. “Database” means the platform for which you are provided a username and password containing a
toolkit and newsletters relating to the recycling industry and sustainable packaging.
1.4. “Employees” means an individual who works full time or part time under a contract of employment for
you.
1.5. “Expiry Date” shall be the date three-hundred and sixty-five (365) days after the Commencement Date.
1.6. “Quotation” shall mean the quotation provided to you in respect of the Services.
1.7. “Services” shall mean access to the Database, two Site Visits and any other services offered by the
Company to you from time to time as more fully described in the Quotation..
1.8. “Site Visit” shall mean an arranged and supervised visit to one of the Company’s operational business
sites.
1.9. “Terms of Service” shall mean these terms and conditions which govern the relationship between you
and the Company.
1.10. “Veolia ES (UK) Limited” is a limited company registered in England and Wales under company
number 02481991 with its registered offices at 210 Pentonville Road London N1 9JY (hereinafter
referred to as the “Company”, “we” or “us”).
2. Access to the Services
2.1. In order to obtain the Services, you must make an enquiry with the Company, upon receipt of which the
Company shall provide a Quotation to you.
2.2. After acceptance of the Quotation by you (which shall include these Terms of Service) the Company
shall issue you with an invoice.
2.3. You must pay the invoice in full within thirty (30) days of the date of the invoice. On payment of the
invoice you will be issued with Your Account Details (as defined below).
3. Acceptance of Term
3.1. By paying the invoice and accessing the Database, you confirm you accept these Terms of Service and
that you agree to comply with them.
3.2. When using the Services, you shall be subject to any guidelines or rules applicable to the Services that
may be posted on the SPA Database from time to time. All such guidelines or rules are hereby
incorporated by reference into the Terms of Service.
3.3. The Company may offer other services from time to time that are governed by different terms of
service.
4. The Database and Security
4.1. As part of the Services, the Company will provide you with a username and password to access the
SPA Database (“Your Account Details”). You are responsible for maintaining the confidentiality of Your
Account Details.
4.2. Access to the Database shall be solely for your use and the use of your Employees. You are fully
responsible for all activities that occur under Your Account Details.
4.3. You are prohibited from sharing Your Account Details with any third parties and you agree to notify us
immediately of any unauthorised use of Your Account Details or any other security breach.
4.4. Unless otherwise specified, you agree not to display, distribute, license, perform, publish, reproduce,
duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any
commercial purposes, any portion of the Service, use of the Service, or access to the Service.
4.5. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall
be subject to the Terms of Service.
4.6. You understand and agree that the Service is provided "AS-IS" and that the Company assumes no
responsibility for your use of the materials provided and made available.
4.7. For the avoidance of doubt, to access the Database you will require access to the internet. You shall be
responsible for obtaining all equipment required to access the Database, including but not limited to a
computer or smart device and internet connection.
5. Site Visit
5.1. All and any Site Visits shall be at the sole discretion of the Company and the Company reserves all
rights to reject your attendance on a Site Visit for whatever reason without liability to you.
5.2. Your attendance at a particular site shall be governed by and you agree to adhere to any health and
safety rules or policies imposed by the Company.
6. Termination
6.1. The Company shall have the right, without liability to you, to terminate these Terms of Service (and as
such Your Account Details) forthwith if you are in material default of any obligation in these Terms of
Service including without limitation your breach of clause 3.3 (above).
6.2. The Company shall have the right to terminate these Terms of Service (and as such Your Account
Details), for whatever reason, on giving you 30 days prior written notice.
6.3. You shall have the right to terminate these Terms of Service (and as such Your Account Details), for
whatever reason, on giving the Company 30 days prior written notice.
6.4. You shall have the right to terminate these Terms of Service if they are substantially varied under
clause 9.1. You must exercise this right within thirty (30) days of the variation otherwise you shall be
deemed to have accepted the variation in full.
6.5. If the Company or you terminate the agreement in accordance with clause 6.2 or 6.4 above, the
Company shall compensate you by refunding a proportion of the Charges paid for the Services on a
pro-rata basis. For the avoidance of doubt, the refund described in this clause 6.5 shall be in full and
final settlement of any claim you may have as a result of the termination of these services and you shall
not be entitled to a refund, if you terminate these Terms of Service under clause 5.3.
7. Liability
7.1. Nothing in these Terms of Service shall limit or exclude the Company’s liability for (i) death of personal
injury caused by its negligence of that of its employees or agents, (ii) fraud or fraudulent
misrepresentation, (iii) or any other liability that cannot be limited or excluded by any applicable law.
7.2. Subject to clause 7.1 (above), the Company shall have no liability whatsoever to you (your directors,
employees, agents or representatives) for any direct, indirect, special, foreseeable or unforeseeable,
consequential loss, claim or damage (for the avoidance of doubt, including any loss of or damage to
profit, revenue, contracts anticipated savings, use, corruption of software, goodwill or otherwise),
whether caused by the Company’s negligence, or as a result of any representation made under or as a
part of these Terms of Service, or any common law duty, or under or in connection with these Terms of
Service or otherwise.
7.3. The Company makes no warranty as to the contents of any documents, emails, reports or other
information provided to you on the Database or in connection with the Services or as to the results
obtained from your use of the Services.
7.4. For the avoidance of about, the provisions within this clause 7 shall survive the termination of these
Terms of Service.
8. Disclaimer
8.1. You expressly understand and agree that:
8.1.1. Your use of the Services are at your sole risk. The Service is provided on an “as is” and “as
available” basis. The Company expressly disclaims all warranties of any kind, whether express or
implied, including, but not limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement.
8.1.2. The Company makes no warranty that:
8.1.2.1. The Services will meet your requirements;
8.1.2.2. The Services will be uninterrupted, timely, secure or error-free;
8.1.2.3. The Results that may be obtained from the use of the service will be accurate or reliable;
8.1.2.4. The quality of the Services and/ or information obtained will meet your expectations; and
8.1.2.5. Any errors in the software will be corrected.
8.1.3. Any materials downloaded or otherwise obtained through the use of the Service is done at your
own discretion and risk and that you will be solely responsible for any damage to your computer
system or loss of data that may result from the downloading of any such material.
8.1.4. No advice or information, whether oral or written, obtained by you from the Company or through,
or from the Services shall create any warranty not stated within these Terms of Service.
9. Variation
9.1. The Company reserves the right to amend these the Services at any time and from time to time with or
without notice to you. We will try and give you notice of any substantial changes to the Services
however are under no obligation to do so.
9.2. If the Services are substantially varied under this Clause 9 you shall have the right to terminate under
clause 6.4.
10. Intellectual Property
10.1. You acknowledge and agree that the Service and any necessary software used in connection with the
Service ("Software") contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. Except as expressly authorised by the Company, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
11. General Information
11.1. The Terms of Service constitute the entire agreement between you and the Company and govern your
use of the Service, superseding any prior agreements between you and the Company.
11.2. You also may be subject to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The Terms of Service and the relationship between
you and the Company shall be governed by the laws of England and Wales without regard to its conflict
of law provisions. You and the Company agree to submit to the exclusive jurisdiction of the courts
located within England and Wales.
11.3. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall
not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions
of the Terms of Service remain in full force and effect.
11.4. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the Terms of Service must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
11.5. Information shared under these terms and conditions are subject to the Company’s privacy policy
which is available at https://www.veolia.co.uk/privacy-policy.