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- Objective
To contribute towards the unified measurement of the use and uptake of real nappies in the UK, and for this information to be used in an aggregated form to inform participants, stakeholders and the general public as deemed appropriate.
- Definitions
- "Agreement" means these terms and conditions including the Annex attached hereto.
- "Aggregated Information" means the information to be disseminated to each Participant in accordance with the provisions of this Agreement.
- "Participant" means a real nappy scheme which subscribes to this Agreement. Only those organisations identified within Clause 3.1 below are eligible for subscription.
- "Participant's Information" means the information to be given to WRAP by the Participant which is more specifically identified in the Annex to this Agreement.
- "the Service" means the provision of the Aggregated Information and associated reports on the terms and conditions set out within this Agreement.
- "WRAP" means the Waste and Resources Action Programme.
- Eligibility
- The Service is open to any qualifying Participant. The following organisations are eligible for subscription:
- Real nappy schemes either controlled, funded and operated by Local Authorities or real nappy networks in partnership with laundries, retailers, suppliers/agents, hospitals, Government Agencies, NGOs and voluntary not-for-profit organisations.
- Real nappy schemes funded by Local Authorities but operated by other partners on their behalf.
- Real nappy schemes endorsed by (but not funded or directly operated by) Local Authorities.
- Networks operated outside of LA funding/endorsement but which promote awareness of real nappies.
- WRAP shall have the right to exclude any Participant from the Service if, in WRAP's reasonable opinion, that Participant's Information is inaccurate, misleading or incomplete.
- Information
- The Participant shall provide the Participant's Information to WRAP and in return the Aggregated Information shall be disseminated to the Participant by WRAP in accordance with the terms of this Agreement, as amended from time to time by WRAP. In providing any Participant's Information and/or receiving any Aggregated Information, the Participant shall be deemed to have accepted these terms.
- The Participant warrants that: (a) the Participant's Information shall be accurate and complete to the best of its knowledge and belief; and (b) that it has the right to provide the Participant's Information to WRAP on the terms of this Agreement.
- Upon request, the Participant will provide WRAP with such other information as WRAP may reasonably require in relation to the Participant's Information.
- If, in WRAP's reasonable opinion, the Participant's Information is not complete or accurate, then WRAP shall have the right to withhold the Aggregated Information until such time as the Participant satisfies WRAP to its accuracy and completeness.
- WRAP excludes all liability arising out of or in connection to this Agreement. The Participant shall indemnify WRAP and hold WRAP harmless from and against any loss, liability, cost, damage or expense (including without limitation, reasonable legal fees and expenses) resulting from, arising out of or incurred with respect to this Agreement.
- It is acknowledged that the information used to produce the Aggregated Information is supplied by a number of separate third parties. Accordingly, whilst WRAP will take reasonable steps to ensure that the Aggregated Information is accurate, WRAP does not accept responsibility for the accuracy or otherwise of the Aggregated Information and the use of the Aggregated Information.
- WRAP will only use the Participant's Information for the purpose of preparing the Aggregated Information and WRAP shall protect the identity and confidentiality of each Participant's Information from all other Participant's Information.
- The Participant acknowledges that all copyright and all other intellectual property rights in the Aggregated Information and any software and associated materials vest and shall remain vested in WRAP.
- WRAP reserves the right to make changes to the Aggregated Information at its discretion.
- All conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the supply of the Aggregated Information or the contents of the sequence, accuracy, currency, fitness for purpose, satisfactory quality or completeness of any quotations, market information or other information furnished, or as to results to be obtained from the use of the contents are hereby excluded (to the extent always that the same may be effectively excluded by law).
- WRAP's Rights and Obligations
- WRAP's rights and obligations under this Agreement may be exercised or discharged at any time (either in whole or in part) by an agent or a sub-contractor.
- WRAP may assign its rights and obligations under the terms and conditions to a third party on giving the Participant one month's notice.
- Termination
Either party shall be entitled to terminate the Agreement at any time by means of written notice. In the event that this Agreement is terminated by the Participant, the Participant shall be under no obligation to provide further Participant Information. However, in such circumstances WRAP shall be entitled to retain all Participant Information already supplied.
- Jurisdiction
This Agreement shall be governed by English Law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
- ANNEX: Information to be given to WRAP by the Participant.
The Participant will provide WRAP with the following the information on a quarterly basis:
- Number of households recruited by the Participant during the 3 month period in question, and / or
- Real Nappy Recruits - Initially this is the number of babies recruited by the Participant during the 3 month period. WRAP has allowed for this category to be expanded out to junior and adult incontinence figures at a later date not yet defined.
Information requests will be generated automatically by the database and full instructions on how to submit the information will be provided.
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