Seafood Carbon Emissions Profiling Tool Terms and Conditions of use | Seafish

Seafood Carbon Emissions Profiling Tool Terms and Conditions of use

This page outlines the terms and conditions for using the Seafood Carbon Emissions Profiling Tool.

Combined terms and conditions of use

1. Introduction

1.1 Use of the Seafood Carbon Emissions Profiling Tool (the “Tool”) is conditional upon you accepting the following terms and conditions (the “Terms”).

1.2 Please read these Terms of use carefully before you start to use the Tool, as these will apply to your use of the Tool. We also recommend that you print a copy of these Terms for future reference.

1.3 By using the Tool, you confirm that you accept these Terms and that you agree to comply with them. If you do not accept these Terms then you are not permitted to use the Tool.

2. Our Details

The Tool is provided by Seafish Industry Authority, a statutory body established under the Fisheries Act 1981 with a place of business at 18 Logie Mill, Logie Green Road, Edinburgh EH7 4HS, Scotland, United Kingdom (“Seafish”, “us”, “our” or “we”) and has been constructed by Blonk, a Mérieux NutriSciences Company which includes Blonk Agri-footprint B.V. and Blonk Sustainability Tools B.V. ("Partner”), with its principal office in Groen van Prinsterersingel 45, 2805 TD Gouda, The Netherlands.

3. Data Providers

3.1 The Tool uses data from several providers (referred to as “Data Providers”):

  1. Blonk Agri-footprint B.V., a private limited company organised under the laws of the Netherlands (“Blonk”), which provides data from its Blonk’s Agri- footprint® Database;
  2. Global Feed LCA Institute (GFLI), organised under the laws of the United States of America, (“GFLI”); and
  3. Ecoinvent, organised under the laws of Switzerland (“ecoinvent”)

3.2 Together, herein referred to as the “Data Providers”. The data provided by the Data Providers are referred to as “Background Data”.

4. Availability of the Tool

4.1 We do not guarantee that the Tool, or any content on it, will always be available or that access to the Tool will be uninterrupted and we reserve the right to (without prior notice) to:

  1. suspend, withdraw or change any part of the Tool at any time; or
  2. restrict access to the entire Tool or parts of the Tool.

4.2 We, our Partner and the Data Providers will not be liable for any loss or damage caused by the unavailability of the Tool or parts of the Tool, for any reason and for any length of time.

5. Use of the Tool

5.1 You must only use the Tool for lawful purposes and you must not:

  1. interfere with, damage or disrupt any part of the Tool, any equipment or network on which the Seafish Tool is stored or any software used in the provision of the Seafish Tool;
  2. knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; or
  3. attack the Tool via a denial-of-service attack or a distributed denial-of-service attack, by breaching these provisions, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement agencies/authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Tool will cease immediately.

5.2You are responsible for ensuring that all persons (including but limited to, any of your employees, agents or representatives) who access the Tool through your internet connection are aware of these Terms and that they comply with them.

6. Intellectual property

6.1 You are responsible for ensuring that all persons (including but limited to, any of your employees, agents or representatives) who access the Tool through your internet connection are aware of these Terms and that they comply with them.

6.2 Nothing in this document constitutes a transfer of any Intellectual Property Rights (“IPR”) of Seafish, its Partner or Data Providers to you, your organisations and/or third parties. IPR are defined as: “Patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings, data, databases and computer programs.”

6.3 All data provided by Seafish and/or seafood businesses and End-Users for purposes of using the Tool and all resultant data (the “Resultant IPR”) shall belong to and from their creation become the exclusive property of Seafish.

7. Additional terms

7.1 The Tool does not require End-Users, defined as any individual conducting ‘bespoke’ calculations in the secure-login area of the Tool, to submit any personal data (as defined in the Data Protection Act 1998). You warrant that any such submission of data, information or content to the Tool shall not contain any personal data, and you will be liable to us and indemnify us for any breach of that warranty.

7.2 You may print off any page(s) from the Seafish Tool and the Generated Results for your own internal business purposes only. You must not use any Generated Results for commercial purposes.

7.3 You must not use, copy, publish, licence, sell, adapt or translate the Tool or any part of the Tool. Furthermore, you must not copy, publish, licence, sell, adapt or translate any information, data or other results created or generated by the Tool (the “Generated Results”).

7.4 The Tool enables End-Users to populate operational data (defined as (“Proprietary Data”) for the purpose of generating product carbon footprints and for these data to be saved within the Tool. Seafish and its Partner will retain Proprietary Data within the Tool in a secure manner and only release these to End-Users through anonymised industry-averaged data sets for purposes of benchmarking seafood products against those of peers.

8. Warranty regarding Background Data within and via the Tool

8.1 Our Partner and the Data Providers make no representation and provide no warranty, either expressly or implied, of the accuracy, reliability, or completeness of the Background Data.

8.2 The Background Data and information provided through the Tool do not constitute or provide scientific advice, diagnosis or business decisions. The Background Data and information provided through the Tool, including Generated Results, are not pre-determined or certain. Such data and information may be derived from scientific experiments, methods, assumptions, processes, observations, calculations and other analyses, each with an unknown outcome. Our Partner and the Data Providers do not guarantee, either express or implied, that the Background Data or Generated Results will reflect the particular outcome desired by you, for example with regard to certain envisaged business decisions, or demonstrate required acceptance thresholds or other quality criteria set out by you for your products and/or business, and our Partner and the Data Providers do not accept responsibility for failure of the Background Data or Generated Results to meet such expectations.

8.3 In no event shall our Partner or a Data Provider be liable for any damages arising from or reliance upon, or use of, any information provided in the Tool.

8.4 The Background Data are subject to period review and updating. Those reviews and updates of Background Data are carried out at the Data Providers’ own discretion. You are not entitled to reviews, updates or other additional work by the Data Providers.

9. Specific terms regarding Blonk’s Agri- footprint® Database

9.1 It is forbidden to transfer the Blonk’s Agri- footprint® Database or parts thereof to any tool provider. This is a provider of digital tools including software platforms and feed optimisation software, such as business data management systems e.g. Enterprise Resource Planning (“ERP”) systems, which makes data available to legal entities and/or natural persons

10. Use of Background Data

10.1 Allowed use: When you use the Seafish Tool, you are bound by the terms of use as set forth below. This means that you may use Background Data via the Seafish Tool, to:

  1. Produce indicative seafood product carbon footprints;
  2. Identify carbon hotspots (risks) in your seafood supply chains; and
  3. Provide capability to benchmark your seafood product carbon footprints against your peers.

10.2 Forbidden use: Other uses are not allowed. Therefore, you represent and warrant that you will not, among other things:

  1. create derivative works such as add-ons based on the Background Data, or copy or process any data from the Background Data for any purpose other than the permitted uses as set forth in the “allowed use” paragraph;
  2. release/disseminate interactives models, or the function of such an interactive model, which uses Background Data, or parts thereof, to others;
  3. wholly or partly copy or distribute Background Data and use these copies externally in any form to, for instance, implement the data of the Background Data into other databases or other software packages;
  4. publish, redistribute, re-sell or re-use Background Data or a substantial part thereof, e.g. by publishing Background Data via the internet or any other means of data transfer and/or;
  5. use Background Data or parts thereof (irrespective of your business model or techniques used), outside the Seafish Tool environment;
  6. use data from the Background Data in any Application Programming Interface (“API”), custom or existing tools (other than the Seafish Tool), such as feed solution/Animal Production System footprint (“APS”)- tools and/or related optimalisation software that calculates environmental impacts), and/or;
  7. use your access to the Seafish Tool to use Background Data or parts thereof directly as part of a digital tool or service, sold to businesses or consumers, and/or;
  8. use, copy, adapt, change, translate, modify, sub-license, sell or distribute all or any portion of the Background Data other than expressly sub-licensed in this document or otherwise expressly required by mandatory law;
  9. reproduce, disseminate or publicly display the Background Data, or any portion or derivation thereof, other than granted in this document;
  10. grant to any third party any rights regarding the Background Data (e.g., sub-licensing right);
  11. publish or make available to others derivative databases or datasets or database-like products using all or any portion of the Background Data or derivation thereof;
  12. prepare extracts of the Background Data, or any portion or derivation thereof;
  13. use the Background Data, or any portion or derivation thereof, in any other product or service, or provide any service for third parties except for the studies and reports as granted in this document;
  14. use web crawlers or any other types of software or hardware technology to automatically download or index the Background Data;
  15. reverse engineer, decompile and disassemble the Seafish Tool to derive the Background Data therefrom;
  16. disclose the login details for access to the Seafish Tool to any third party, or to allow third parties to access the Seafish Tool;
  17. assign the sub-licensing rights to any third party; or
  18. file any claim with regard to the sub-license rights granted hereunder.

10.3 You agree that ecoinvent has beneficiary rights regarding the enforcement of the restrictions pursuant to the preceding paragraph. If you breach any of the restrictions according to this section, or you become aware of such breach, you shall notify Blonk in writing about the breach by emailing info@blonksustainability.nl. Blonk will forward the notification to ecoinvent.

11. Use of Generated Results

11.1 You must use the information, data or other results created or generated using the Seafish Tool (“Generated Results”) in the correct context. There are preconditions and limitations applied to the Generated Results due to the scientific methods used, assumptions made and the use of indicative results.

11.2 Seafish, its Partner and the Data Providers cannot be held liable in relation to the use of the Seafish Tool and its Generated Results.

11.3 In relation to Generated Results:

  1. You shall adhere to any applicable laws, protocols, standards, guidelines and other policies and good practices when You communicate or make any claims, such as environmental footprint or sustainability claims, in relation to the Generated Results. Our Partner and the Data Providers cannot be held liable for such communications; and
  2. You are not allowed to refer to our Partner and the Data Providers explicitly or implicitly as a partner, or otherwise imply their endorsement of your product(s) or services.

12. Third-party content

12.1 The Tool may include links to other internet sites and/or resources provided by third parties (including our Partner and Data Providers. These links are provided for information only and we do not control those sites and/or resources, and we accept no responsibility for them for any loss or damage that may arise from your use of any third-party sites, resources or content.

13. General

13.1 If we fail to enforce any provision of the Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion.

13.2 Nothing in these Terms shall confer on any third party any benefit or the right to enforce any term of the Terms.

13.3 We reserve the right to amend or replace the Terms at any time and any such amendments or replacement terms shall be binding on you. If we make any substantial changes, we will notify you by posting a prominent notice on the Tool.

13.4 We may update the Tool from time to time and may change the content at any time. However, please note that any of the content on our Tool may be out of date at any given time, and we are under no obligation to update it.

14. Jurisdiction and applicable law

14.1 These Terms are made under and governed by Scots Law and the Scottish courts will have exclusive authority to settle any dispute arising under or in connection with it. The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, use of the Tool.

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