We reserve the right to make changes to this Website at any time without notice and it is the User’s responsibility to re-visit this page from time to time to ensure the User complies with these Conditions.
'Environmental Law' means all applicable law, common law, judgment, court order, statute, statutory instrument, regulation, directive, European Union decision, by-law, treaty, government circular code of practice and guidance notes, or instruction or decisions of any competent regulatory body in force from time to time relating to environmental matters;
'Intellectual Property Rights' means copyright, patents, design rights, trade marks (whether registered or not), database rights, trade or business names and any other similar rights existing in any part of the world;
'Marketplace' means the web- based venue where waste materials can be offered for sale or for a fee by a Producer;
'Materials' means the content of the Website including but not limited to the text, graphics, data, documents and any other information displayed;
'Producer' means a company, firm, association or individual that generates waste;
'Trading Fee' means the annual subscription fee charged by Us for use of the Marketplace;
'Upload' means information uploads onto the Website;
'User' means the company, firm, association or individual who makes use of or accesses the Website under these Conditions;
'User Information' means any information, graphics or logos provided by or disclosed by the User in any area of the Website;
'Waste Suppliers' means companies, firms, associations or individuals that are included in the MTS Environmental Ltd ‘Waste Supplier Search’;
'Website' means the website www.wasteaccountant.com & www.mtsenvironmental.co.uk;
'We/us' means MTS Environmental Limited, a company registered in England and Wales under number 05604377 whose registered office is at Woodlands Grange, Woodlands Lane, Bradley Stoke, Bristol BS32 4JY.
2.1. The Intellectual Property Rights contained within the Materials are owned solely by us unless otherwise stated.
2.2. The User does not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Materials to any other party or make the same available in hard copy or on any other medium without our prior written consent.
2.3 All information and data about organisations posted on the Website is obtained by Us either through the public domain or by the organisations direct. Although we make every effort to ensure that this information is true, complete and accurate, we cannot guarantee this.
3. Subscription and Payment
3.1. The User will have an account, username and password created by Us. Any Users wishing to view and use the Marketplace will need to enter their username and password to access these areas. The User agrees to keep its password and username safe and secure at all times and agrees not to allow any other person, company or firm access to its password and username at any time.
3.2. Creation of an account is automatically applied to all Waste Suppliers. Waste Suppliers are not charged a Trading Fee for using the Trading system 'WasteBay'. However, MTS reserve the right to charge a Trading Fee if the trading venue 'WasteBay' requires significant administration by MTS.
3.3. All other fees shall be payable in pounds sterling and in accordance with the rates set out in the MTS Fee Structure which can be seen under 'subscriptions' in the Waste Supplier homepage. All fees are exclusive of VAT and any other applicable taxes.
3.4. Time for payment of fees shall be of the essence. Unless otherwise agreed in writing all payments shall be payable via Google Checkout.
3.5. We reserve the right to terminate the User’s rights to access the Website if Users fail to pay any fees in accordance with this clause 3.
3.6. We will use our reasonable endeavours to publish User Information on the Website within 72 hours of Upload by Waste Suppliers.
4. Use of the Marketplace
4.1 The Marketplace allows Users to trade waste on the Website in accordance with these Conditions. We provide an online 'venue' and never own or possess the waste tendered on the Website. We are not involved in transactions between Users. We have no control over and cannot be held responsible for the description, safety, legality, type, content, delivery, transit or nature of any matter advertised or sold over the Website including the ability of the Waste Supplier to pay or receive payment for waste or the Producer to provide it. All purchases will occur outside of the Website. Agreements to buy and completion of any sale/transaction are the responsibility of the Producer and the Waste Supplier. We are under no obligation to be involved in any way including but not limited to any negotiation, payment, delivery or any disputes concerning the waste traded over the Website.
4.2 Users who are Producers must only advertise waste, which they are legally entitled to possess and sell. Any terms and conditions of trade must be issued separately.
4.3 If a User bids for waste and it is accepted by the Producer, the User agrees to be bound by any conditions of trade set out by the waste producer. Bids are only retractable where a clear typographical error is made, a User’s identity cannot be verified, in agreement with the Producer or after a period of 30 days from the placing of the bid on the Website. By using the Website, Users must be legally able to trade for the waste that they bid for or advertise.
5. User Obligations
5.1. The User agrees that the Website is provided solely for its own use and it will not without our written permission transfer or sell or attempt to transfer or sell its access or use of the Website to any third party.
5.2. All passwords and usernames issued to the User should be maintained by the User as confidential and secret. These can only be changed by Us.
5.3. The User must ensure that all User Information or its use of the Website must not:
5.3.1. be for fraudulent or unlawful purposes or in connection with or for the purposes
of committing a criminal offence;
5.3.2. be false, inaccurate or misleading;
5.3.3. be to create a false identity;
5.3.4. infringe any third party’s Intellectual Property Rights or rights of publicity or
privacy or any other rights;
5.3.5. violate any law, statute, ordinance, regulation or licence applicable to the User
or any other users;
5.3.6. be defamatory, libellous or unlawfully threatening or harassment purposes;
5.3.7. be for obscene or pornographic purposes
5.3.8. contain any computer viruses or anything which could interfere or disrupt the
usual operation of the Website, its functionality or effectiveness.
5.4 The User warrants that all of its User Information is true, accurate, complete and up-to-date and any statistical information can be confirmed by quarterly statistical returns forwarded to the Environment Agency. The User agrees that We can independently audit User Information and will supply quarterly returns to Us on demand to assist with this.
6. Our Obligations
6.1. We will use our reasonable endeavours to provide the Website with reasonable skill and of a competent provider of services over the Internet. However we do not guarantee that the Website will be error-free or fault-free or that Users will obtain continuous, uninterrupted access to the Website. If the User notices that there is an error affecting its access to or use of the Website, the User should report it to us immediately and we will correct it as soon as possible.
6.2. We reserve the right to alter the technical specifications of the Website or suspend the provision of the Website for operational reasons including but not limited to maintenance, repair, improvements or because of an emergency. We will take all reasonable steps to ensure that the Website is restored to full working order as soon as possible.
6.3. We will take all reasonable steps to ensure that the Website is free from any viruses, but we recommend that the User uses its own virus protection software.
6.4. We do not warrant that the Website is compatible with the User’s browser or computer configuration.
7.2. We will take all necessary steps to comply with the Data Protection Act 1998 and any other data protection legislation in force from time to time. We will not disclose it to any third party unless:
7.2.1. we are specifically required to by law;
7.2.2. in response to a valid, legal request by a law enforcement or governmental
7.2.3. as may be authorised by the User in writing.
7.3. By accepting these Conditions the User agrees that we may store, process and use User Information to keep a record of any information or services which the User has requested, for internal purposes to develop new products and services and improve the Website, and to send the User information that we believe may be of interest to it. We may share non-personal aggregate statistics data about our site visitors’ traffic patterns with our partners or other parties.
7.4. The User may inform us at any time in writing if it no longer requires such information to be sent by us.
7.5. Under the Data Protection Act 1998, the User may request details of personal information that we hold about any of its employees or staff. An official fee will be payable. If the User wants to make a request, the User should write to us using our “Contact Us' Page.
7.6. If the User believes that any User Information is incorrect in any respect, the User should write to us using our 'Contact Us' Page.
7.7. We will use all reasonable endeavours to protect the security of User Information both on and off line. If the User would like further details of our security procedures please contact us in writing.
7.8. Cookies are not used on this Website.
8.1. The Website may contain links that allow the User to visit other websites operated by third parties. The User acknowledges and agrees that we have no control over any such websites and are not responsible for the protection and privacy of any information which the User may provide within those websites, or for the availability or content of any such websites.
9.1. We reserve the right to immediately terminate the User’s licence to use or access to the Website in the event that:
9.1.1. the User breaches any of these Conditions or any of the other terms and
conditions contained on this Website;
9.1.2. if we cannot verify or authenticate User Information;
9.1.3. if we believe the User’s actions may cause legal liability for the User, us or
other users of the Website.
9.2 The User may terminate its subscription to the Website on providing Us with written notice. Fees paid in advance are non-refundable other than as set out in clause 3.2 of these Conditions.
10. Limitation of Liability
10.1. We accept liability for death and personal injury resulting from our negligence and nothing in these Conditions shall apply to limit or exclude such liability.
10.2. The User agrees and acknowledges that We cannot confirm and are not responsible for the validity and accuracy of User Information provided by Users of the Website and by using the Website the User agrees to accept the risks of dealing with other Users who could be acting under false pretences or under a false identity.
10.3. The User agrees and acknowledges that We cannot verify the accuracy of any information about the waste traded on the Website and does not provide any warranty with regard to it.
10.4. In the event that the User has any right, claim or action against any other user arising from that user’s use of the Website or the user’s failure to trade legally, the User agrees to pursue such right, claim or action independently of and without recourse to us.
10.5. Use of the Website helps users to comply with Environmental Law. However the User agrees that it is its responsibility to comply with any Environmental Law applicable to it and We are not liable to it or any third party for any failure by it to do so.
10.6. Except as otherwise set out in these Conditions, We are not liable to the User by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Conditions for any loss of profit, pure economic loss, loss of business, destruction of data, depletion of goodwill or any other direct or indirect loss caused by Us where:
10.6.1. there is no breach of a legal duty of care owed to the User by Us or any of our
employees, agents or sub-contractors;
10.6.2. such loss or damage is not a reasonably foreseeable result of any breach of a
legal duty of care owed to the User by Us and
10.6.3. any loss or damage results from a breach by the User or any other user of
10.7. Our liability to the User, either in contract, tort (including negligence) or otherwise in relation to or arising out of these Conditions is limited to £1,000 for any one incident or series of related incidents.
10.8. If we are unable to perform any obligation under these Conditions because of a matter beyond our reasonable control such as lighting, flood, fire, explosion, war, terrorist activity, industrial disputes (whether or not involving our employees) or other events beyond the reasonable control of our suppliers, we will have no liability for that failure to perform.
10.9. Each provision of these Conditions in clause 10 operates separately. If any provision or part provision is held by a court to be unreasonable or inapplicable the other parts shall continue to apply.
11.1. The User agrees to indemnify and hold us and our subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand including all reasonable professional fees made by any third party to or arising out of the User’s breach of any terms of these Conditions or its violation of any law or the right of a third party.
12.1. The User agrees to grant Us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence to use the copyright, design rights, trade marks and other intellectual property rights in User Information in order to provide the services under the Website.
13.1. These Conditions shall be governed by and construed in accordance with the laws of England and Wales and each of the parties submits to the exclusive jurisdiction of the courts of England and Wales.
14.1 The headings to these Conditions are for convenience only and shall not affect their construction.
14.2 Where the context so admits reference in these Conditions to one gender shall include each other gender and words denoting the singular shall include the plural and vice-versa.
14.3 References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;
14.4 Failure or delay by us in enforcing or partially enforcing any provision of these Conditions shall not be construed as a waiver of any of its rights under these Conditions or the Contract. No waiver of any of these Conditions by either party shall be deemed to be a further or continuing waiver of any subsequent breach of that term or condition or any other term or condition
14.5 A person who is not party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.