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Terms and conditions

1. Introduction

To use the website users must accept these terms which should be read carefully.

These terms represent a binding contract between IStructE Ltd and the user.

If the user does not wish to be bound by these terms the user should not accept these terms.

2. Definitions

2.1. In this agreement the following terms shall, unless the context otherwise requires, have (whether with or without the definite article) the following meanings:

Accept

means to use the website and thereby to consent to be bound by these terms

Content

means information, software, photographs, video, graphics, music, sound and other material that appears on the website

Intellectual property rights

means throughout the world all copyrights, database rights, trade marks, trade names, patents and other intellectual property or industrial property rights created, developed and subsisting

IStructE Ltd

means IStructE Ltd, a wholly owned subsidiary of the Institution of Structural Engineers, registered Company Number 2444141, registered office 47-58 Bastwick Street, London, EC1V 3PS, England

Page

means a page of the website

PDF

means Portable Document Format

PDPs

means potentially destructive contaminating or harmful programmes or components such as, but not limited to, worms, trojan horses and viruses

Registered user

means a user who is a member of the Institution of Structural Engineers who has registered their company for FindanEngineer.com, or has been listed as a nominated Institution Chartered or Incorporated member

Server

means the server used by IStructE Ltd to host the website

These terms

means the terms and conditions of this agreement

User

means the individual, business (including any sole trader, partnership, limited company or other organisation or person) that uses the website

User's equipment

means the User's own computer equipment, telecommunications dial-up connection, software, any telecommunication services and communications lines (including any public lines) required by the User properly to access and use the website

Website

means the website with URL http://www.findanengineer.com or such other URL or URLs as IStructE Ltd may in its sole discretion from time to time decide by means of which IStructE Ltd may provide access to the website

Writing

means a written communication by fax, email, or post

2.2. Reference to any statute or statutory provision includes a reference to:

that statute or statutory provision as from time to time amended, extended, re-enacted or consolidated and

all statutory instruments or orders made pursuant to it

Words denoting the singular number only shall include the plural and vice versa.

Words denoting any gender shall denote all genders and words denoting persons shall include firms and corporations and vice versa.

Unless the context otherwise requires reference to any clause, sub-clause or schedule is to a clause, sub-clause or schedule (as the case may be) of or to this agreement.

The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of this agreement.

 

3. Commencement of agreement

3.1. This agreement shall be effective from the time that the user first accepts these terms and shall remain in force until or unless terminated under these terms.

 

4. Terms applicable

4.1. In consideration for IStructE Ltd providing all or part of the website the user agrees to be bound by these terms.

4.2. IStructE Ltd may vary these terms at any time, such variations shall become effective immediately upon the posting of the modified terms on the website or notification to the user.

By continuing to use the website following any such variation the user shall be deemed to accept such variation.

 

5. Use of the website by the user

5.1. The user shall be responsible for obtaining and maintaining the user's equipment. IStructE Ltd has no responsibility or liability with respect to the user's equipment.

5.2. The user shall ensure at all times that its use of any part of the website is in accordance with all applicable data protection and other laws, licences, codes of practice and regulations.

5.3. IStructE Ltd shall be entitled to suspend at its sole discretion the whole or any part of the website for any reason whatsoever.

For the avoidance of doubt, IStructE Ltd shall not be liable to the user for any loss whatsoever arising from such a suspension.

5.4. The user acknowledges that despite IStructE Ltd taking reasonable precautions it is still possible that PDPs may be transmitted from the server or a server belonging to any third party to the user's equipment.

The user therefore accepts that it shall have full responsibility for protecting the user's equipment from PDPs and IStructE Ltd shall have no responsibility for ensuring that content downloaded from the website is free of PDPs.

 

6. Intellectual property

6.1. All rights in the design, text, graphics, music, photographs, sound, video and other material on the website and the selection or arrangement thereof are the copyright of IStructE Ltd or other third parties.

6.2. Subject to clauses 6.3 and 6.4, permission is granted to copy electronically and print in hard copy portions of the website solely in connection with purchasing goods through the website.

Any other use of materials on the website (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without IStructE Ltd's prior written permission is strictly prohibited.

6.3. Permission is granted to copy electronically and print in hard copy any material which appears in the photo gallery on the condition that the material is used only for purely educational activities which do not have a commercial purpose.

A commercial purpose includes but is not limited to marketing or promotional material, websites, publications offered for sale or any other use where the purpose of using the image is to enhance or benefit the business or reputation of the user.

6.4. The user hereby grants to IStructE Ltd a perpetual royalty-free, irrevocable licence to copy, issue copies, communicate to the public, modify, adapt, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material the user up-loads or posts to the website (whether to a directory, message board, photo gallery, or otherwise).

The user acknowledges and agrees that such material is not up-loaded or posted subject to any obligation of confidence.

 

7. Purchases from IStructE Ltd

7.1. IStructE Ltd makes FindanEngineer.com subscriptions available for purchase from the website.

7.2. IStructE Ltd must receive payment of the whole of the price for the goods that the user orders before the order can be accepted.

Once payment has been received by IStructE Ltd, IStructE Ltd will confirm that the user's order has been accepted by sending an email to the user at the email address provided by the user.

IStructE Ltd's acceptance of the user's order brings into existence a legally binding contract between IStructE Ltd and the user.

 

8. Price

8.1. The prices payable for goods ordered by the user are as set out on the website.

 

9. Right for user to cancel contract

9.1. Cancellation of orders by business to business users is not accepted. Cancellation of orders by consumers can only be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000.

9.2. A user who is a consumer may cancel their contract with IStructE Ltd at any time up to the end of the seventh working day from the date the user received the ordered goods.

The user does not have to give IStructE Ltd any reason for cancelling the contract nor will the user have to pay a penalty.

9.3. To cancel the contract, a user must notify IStructE Ltd in writing.

9.4. If the user has received the goods before the contract has been cancelled then the user must send the goods back to IStructE Ltd at the user's own cost and risk.

If the user cancels the contract but IStructE Ltd has already processed the goods for delivery the user must not unpack the goods when they are received by the user and must send them back to IStructE Ltd at the user's own cost and risk.

9.5. Once the user has notified IStructE Ltd that the user is cancelling the contract, any sum debited by IStructE Ltd from the user's credit card will be re-credited to the user's account as soon as possible and in any event within 30 days of the order provided that the goods in question are returned by the user and received by IStructE Ltd in the condition that they were in when delivered to the user.

 

10. Cancellation by IStructE Ltd

10.1. IStructE Ltd reserves the right to cancel the contract between IStructE Ltd and the user if:

10.1.1. IStructE Ltd has insufficient stock to deliver the goods ordered by the user

10.1.2. IStructE Ltd does not deliver to the user's area

10.1.3. one or more of the goods ordered by the user was listed at an incorrect price due to a typographical error

10.2. If IStructE Ltd does cancel the contract between IStructE Ltd and the user, IStructE Ltd will notify the user by e-mail and will re-credit the user's account any sum deducted by IStructE Ltd from the user's credit card as soon as possible but in any event within 30 days of the user's order.

IStructE Ltd will not be obliged to offer any additional compensation for disappointment suffered.

 

11. Delivery of goods

11.1. IStructE Ltd will deliver the goods ordered by the user to the address the user gave for delivery at the time the order was placed.

11.2. Delivery will be made as soon as possible after the user's order is accepted by IStructE Ltd and in any event within 30 days of the order.

11.3. The user will become the owner of the goods ordered when they have been delivered to the user.

Once goods have been delivered to the user they will be held at the user's own risk and IStructE Ltd will not be liable for their loss or destruction.

11.4. If the goods IStructE Ltd delivers are not what the user ordered or are damaged or defective or the delivery is of an incorrect quantity, IStructE Ltd shall have no liability to the user unless the user notifies IStructE Ltd in writing of the problem within 10 working days of the delivery of the goods in question.

11.5. If the user does not receive the goods ordered within 30 days of the date on which the user placed the order, IStructE Ltd shall have no liability to the user unless the user notifies IStructE Ltd in writing of the problem within 40 days of the date on which the order was placed.

If the user notifies IStructE Ltd of a problem under this condition, IStructE Ltd's only obligation will be, at the user's option:

11.5.1. to make good any shortage or non-delivery

11.5.2. to replace or repair any goods that are damaged or defective or

11.5.3. to refund to the user the amount paid for the goods in question in whatever way IStructE Ltd chooses

 

12. User's warranties and representations

12.1. The user represents and warrants to IStructE Ltd that its use of the website shall:

12.1.1. not be in breach of any contractual, statutory (including but not limited to infringement of intellectual property rights, data protection, defamation, theft, fraud, drug-trafficking, money-laundering and terrorism statutes) or common law rights of any third party

12.1.2. not be threatening, fraudulent, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate as determined by IStructE Ltd at its sole discretion and

12.1.3. not cause any PDPs to be transmitted to the server

12.2. The user represents and warrants that all the information that it supplies to IStructE Ltd shall be accurate, complete and true in all respects and the user agrees that it shall notify IStructE Ltd immediately of any changes to such information or if such information becomes out of date.

 

13. Exclusion of warranties/limitation of liability

13.1. Where the user accesses the website by means of the internet, IStructE Ltd will use its reasonable endeavours to ensure that the service is accessible at all times via the internet but IStructE Ltd does not warrant or represent that it can do so since neither IStructE Ltd nor any other party has any control over the internet, which is a global decentralised network of computer systems.

The website will not be continually free from error or interruption and may be variable.

13.2. The website is provided "as is" without any warranty of any kind either express or implied including but not limited to the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement of intellectual property rights.

13.3. The user acknowledges that any data transmitted to IStructE Ltd or the Server electronically via the internet, an intranet or another private network including without limit the website may be intercepted by third parties and unlawfully exploited.

The user accordingly accepts that IStructE Ltd has no responsibility in respect of the acts of the said third parties.

13.4. In the event that IStructE Ltd incurs any liability whatsoever to the user such liability shall in all cases be limited to the sum of one hundred pounds sterling in respect of all incidents arising in any 12 month period.

13.5. IStructE Ltd is not responsible in contract or in tort for the unauthorised access to, or alteration, theft or destruction of e-mails, files, programs, or information of the user by any person through accident or by fraudulent means or devices, even if such access occurs as a result of IStructE Ltd's own negligence.

13.6. Notwithstanding the foregoing, nothing in these terms is intended to limit any rights the user might have as a consumer under applicable local law or other statutory provision that may not be excluded nor in any way to exclude or limit IStructE Ltd's liability to the user for any death or personal injury resulting from IStructE Ltd's negligence.

 

14. Indemnities

14.1. The user undertakes fully and effectively to indemnify and keep indemnified at all times IStructE Ltd against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, suffered, incurred or paid by IStructE Ltd directly or indirectly in respect of:

14.1.1. access to and/or use of the website by the user

14.1.2. any information, data or material produced, transmitted or downloaded by the user

14.1.3. any breach by the user of any of the terms of any law, code or regulation relating thereto, to the internet or the user

 

15. Privacy

15.1. The user acknowledges and agrees to be bound by the terms of the privacy policy.

 

16. Links to other sites

16.1. Certain links, including hypertext links, in the website will take the user outside the website.

Links are provided for the user's convenience and inclusion of any link does not imply endorsement or approval by IStructE Ltd of the linked site, its operator or its content. IStructE Ltd is not responsible for the content of any website outside the website.

 

17. Events beyond IStructE Ltd's control

17.1. IStructE Ltd shall not be liable to the user for any breach of these terms or any failure to provide or delay in providing the services through the website resulting from any event or circumstance beyond IStructE Ltd's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of system or network access, fire, explosion or accident.

 

18. Termination

18.1. Either party may terminate this agreement immediately by notifying the other that this agreement is terminated.

 

19. Waiver

19.1. Failure or neglect by IStructE Ltd to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of IStructE Ltd's rights hereunder nor in any way affect the validity of the whole or any part of this agreement nor prejudice IStructE Ltd's rights to take subsequent action.

 

20. Assignment

20.1. Neither this agreement nor the benefit of the website may be assigned or transferred by the user whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of IStructE Ltd, and IStructE Ltd reserves the right to charge for any time or costs incurred in so doing.

No such assignment by the user howsoever occurring shall relieve the user of its obligations hereunder.

20.2. IStructE Ltd is fully entitled to assign or transfer this agreement or the benefit of the website at any time.

 

21. Invalidity

21.1. If at any time any provision of this agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:

21.1.1. the legality, validity or enforceability in that jurisdiction of any other provision of this agreement or

21.1.2. the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this agreement

 

22. Law

22.1. This agreement shall be governed and construed in accordance with English Law and parties hereby submit themselves to the exclusive jurisdiction of the English courts.

 

23. Third parties

23.1. Nothing in this agreement confers or purports to confer on any third party any benefit of any right to enforce any of this agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.

The Structural Engineer
Homeowner Guides

IStructE Limited
47-58 Bastwick Street, London, EC1V 3PS
Tel: +44 (0)20 7235 4535
Fax: +44 (0)20 7235 4294
http://www.istructe.org

Trusted Professional
FindanEngineer.com is operated by IStructE Ltd, a limited company (registered Company Number 2444141) whose registered office is as listed above.
IStructE Ltd is a wholly owned subsidiary of the Institution of Structural Engineers (Registered Charity Number 233392)

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