Know the Bentazone Risk - Planning & Mapping Tool

Date Last Updated: 27 May 2021

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1. LIMITED/RESTRICTED LICENSE TO ACCESS/USE PLATFORM, ETC.

Subject to (a) the below definitions, (b) the remaining terms of this Platform-Terms Landing Page, (c) the Terms of Use and (d) the Platform Privacy Policy, Ramboll grants to you a limited and restricted license to access certain parts of the Platform and to access and use certain of the Platform Functionality/Services as discussed in the Platform Service Description. You may not access or use any part of the Platform or any of the Platform Functionality/Services unless and until you have read and agree to be bound by the terms of this Platform-Terms Landing Page and the Terms of Use, and unless and until you have read and acknowledge the Platform Service Description and Platform Privacy Policy.

2. DEFINITIONS.

For purposes hereof and of the below-incorporated Terms of Use and Platform Privacy Policy, the below defined terms shall have the meanings set forth below. Additional defined terms and their respective definitions for purposes hereof and of the below-incorporated Terms of Use and Platform Privacy Policy may be set forth elsewhere herein, in the Terms of Use and/or in the Platform Privacy Policy. a. “Affiliate” means a direct or indirect parent company of Ramboll or a direct or indirect wholly or partially owned subsidiary of any such parent company.

b. “Corporate Parent” means Ramboll’s direct parent company, Ramboll Group A/S.

c. “Dispute Resolution Forum/Rules” means English law.

d. “Dispute Resolution Jurisdiction” means the courts of England.

e. “Platform” means the ‘Know the Bentazone Risk – Planning & Mapping Tool’, together with any and all other applications, websites or similar platforms that are linked to the ‘Know the Bentazone Risk – Planning & Mapping Tool’ or to this Platform-Terms Landing Page, or that incorporate either by reference.

f. “Platform Functionality/Services” means the Platform’s functionality and the content, data, information, products and/or services available through, or otherwise related to, the Platform.

g. “Platform-Terms Landing Page” means this ‘Know the Bentazone Risk – Planning & Mapping Tool’ Disclaimers, Terms of Use and Privacy Landing Page.

h. “Platform Privacy Policy” means the privacy terms, disclosures, etc., located at https://ramboll.com/legal-information/Standard-Platform-Policy , as well as those incorporated therein by reference, as may be modified by this Platform Landing Page.

i. “Platform Service Description” means the ‘Know the Bentazone Risk – Planning & Mapping Tool’ located at https://maps-eu.ramboll.com/portal/apps/MapJournal/index.html?appid=9659295727094e1592c1d04acd1b231e.

j. “Ramboll” means Ramboll UK Limited, having its registered office at 240 Blackfriars Road, London SE1 8NW United Kingdom.

k. “Retention Period” means the period of time that Ramboll will store your personal data (if any) provided to Ramboll via the Platform, which, unless otherwise specified, will be a period of two (2) years after such personal data is no longer required by Ramboll, unless Ramboll makes the Platform unavailable before the Retention Period expires, or if Ramboll is required under applicable law to keep your personal data for a longer or shorter period of time.

l. “Terms of Use” means the terms of use located at https://ramboll.com/legal-information/standard-online-platform-terms-without-fee-provisions, as may be modified by this Platform Landing Page.

m. “Know the Bentazone Risk Stewardship Guidance” means The Voluntary Initiative’s Water Protection Advice Sheet (WPAS) for Bentazone (updated April 2019) recommendations for responsible use of Bentazone products.

3. DISCLAIMERS.

Any and all access to/use of the Platform and/or any Platform Functionality/Services by you or any other person or entity (other than Ramboll) is for informational purposes only. Except as and to the extent expressly and unequivocally assumed, respectively, by Ramboll and/or a Ramboll Affiliate in this Platform-Terms Landing Page, the Terms of Use or the Platform Privacy Policy, neither Ramboll, nor any of its Affiliates, assumes any duty whatsoever to you or to any other person or entity arising from or related to your or any other person’s or entity’s access to or use of, or otherwise related to, the Platform or Platform Functionality/Services. Ramboll and its Affiliates expressly disclaim any and all duties beyond those, if any, expressly and unequivocally assumed by them, respectively, in this Platform-Terms Landing Page, the Terms of Use or the Platform Privacy Policy.

Without limiting any disclaimer or other term or condition stated in this Platform-Terms Landing Page, the Terms of Use or the Platform Privacy Policy, by accessing and/or using any part/aspect of the Platform or Platform Functionality/Services, you acknowledge the following:

  1. the ‘Know the Bentazone Risk – Planning & Mapping Tool’ is produced based on datasets published at a relatively small scale and therefore, locally, site-specific conditions may differ. The map may not consider conditions at an individual field-scale and cannot be used to consider variable weather conditions and flow of water within field drains and watercourses;
  2. the ‘Know the Bentazone Risk – Planning & Mapping Tool’ must be used as a screening tool only, with users (especially growers and agronomists), checking The Voluntary Initiative’s Water Protection Advice Sheet (WPAS) for Bentazone (updated April 2019) and supplementing the risk classification with field-specific information together with weather forecasting prior to the time of Bentazone application; and
  3. the ‘Know the Bentazone Risk – Planning & Mapping Tool’ is produced on the basis of The Voluntary Initiative’s Water Protection Advice Sheet (WPAS) for Bentazone (updated April 2019).

In addition to the foregoing disclaimers, any and all access to/use of the Platform and/or any Platform Functionality/Services by you or any other person or entity (other than Ramboll) also is subject to any and all disclaimers set forth elsewhere herein or in the Terms of Use or Platform Privacy Policy.

4. TERMS AND CONDITIONS.

By accessing and/or using any part/aspect of the Platform or Platform Functionality/Services, you affirm that you are over eighteen (18) years old, and you acknowledge and agree that, by accessing and/or using any of the foregoing, you, individually/personally, and on behalf of any and all other persons and entities on behalf of whom/which you access/use, or purport to access and/or use, the Platform or the Platform Functionality/Services, are entering into a legally binding agreement/contract with Ramboll consisting of all terms and conditions set forth in or incorporated into this Platform-Terms Landing Page (including specifically, but without limitation, the Terms of Use), and that you and any such other persons or entities understand and agree to comply with and be legally bound by those terms and conditions. The Platform and the Platform Functionality/Services are intended for business-to-business, professional or educational use only, and not for consumer use (i.e., use unrelated to the user’s business, professional or educational activity). By accessing and/or using any part/aspect of the Platform or Platform Functionality/Services, you affirm that you have accessed/used same and will access/use same in the future only for their intended use.

For purposes of the Platform and Platform Functionality/Services, clause 4 of the referenced Terms of Use is hereby amended and replaced as follows:

"4. Right to Access/Use the Platform and Platform Functionality/Services. Subject to the entirety of these Terms of Use (including, without limitation, the Access/Use Restrictions at section 5 below and the Ownership Rights at section 6 below), Ramboll grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access/use certain parts of the Platform and Platform Functionality/Services. You shall not attempt any access to/use of any part of the Platform or Platform Functionality/Services beyond that/those clearly and unequivocally authorized and intended by Ramboll.”

In addition to and notwithstanding anything to the contrary in the Terms of Use, to the extent that any report or other document or material is generated via the Platform or Platform Functionality/Services, you shall include all pages thereof, including, without limitation, any cover-page, in their entireties in any and all reproductions of such report or other document or material.

For the avoidance of doubt, and unless otherwise noted, all data, images, materials, reports, screenshots, software, text, and other documents and information contained within or generated by the Platform or Platform Functionality/Services (hereinafter “Copyrighted Materials”) are copyrighted by Ramboll, a Ramboll Affiliate and/or a third party (hereinafter each a “Copyright Holder”), and title to the copyright in Copyrighted Materials will at all times remain with the Copyright Holder. To the extent that any report or other document or material generated via the Platform or Platform Functionality/Services includes any logo or trademark of, or other reference to, a Copyright Holder, you shall include such logo or trademark, or other reference, on, and not remove same from, any reproduction of such report or other document or material.

5. PRIVACY.

IN ADDITION, by accessing and/or using any part of the Platform or Platform Functionality/Services, you, individually/personally, and on behalf of any and all other persons and entities on behalf of whom/which you access/use, or purport to access and/or use, the Platform or the Platform Functionality/Services, acknowledge that you have read and understand the Platform Privacy Policy, including, any and all policies, statements, terms, disclosures, etc., that may be incorporated therein by reference, whether related to privacy or otherwise, such as, for example, any general privacy policies, statements, terms, disclosures, etc., of Ramboll and its Affiliates, including its Corporate Parent (like those set forth at https://ramboll.com/legal-information), and any jurisdiction-specific privacy policies, statements, terms, disclosures, etc., (like those made pursuant to or otherwise related to the UK Data Protection Act 2018, European Union General Data Protection Regulation, etc.), whether generally applicable, applicable only to citizens/residents of the subject jurisdiction or otherwise.

Please note, however, that:

A. where general privacy policies, statements, terms, disclosures, etc., that are incorporated by reference into the Platform Privacy Policy conflict with information set forth elsewhere that is specific to the Platform, such as, for example, within the text of the Platform Privacy Policy page itself, the latter shall govern;

B. where jurisdiction-specific privacy policies, statements, terms, disclosures, etc., that are set forth within or incorporated by reference into the Platform Privacy Policy conflict with other information set forth within or incorporated into the Platform Privacy Policy, then, as to citizens/residents of a given jurisdiction, and those whose relevant rights otherwise are governed by the privacy laws of the subject jurisdiction, the subject jurisdiction-specific privacy policies, statements, terms, disclosures, etc., shall govern; and

C. information set forth within or incorporated by reference into the Platform Privacy Policy may not apply to other applications, websites and platforms of Ramboll and its Affiliates.

In addition, please note that, to the extent the Platform or Platform Functionality/Services link to third-party applications, websites or other platforms, Ramboll and its Affiliates are not responsible for the content, privacy practices, etc., of such third-party applications, websites or other platforms. Ramboll encourages users to be aware when they leave the Platform or Platform Functionality/Services and to read the terms of use, privacy statements, etc., of any other application, website or other platform that collects information.