Terms and Conditions (“Terms”) – Considerate Constructors Scheme Best Practice Hub Introduction In these Terms references to “We”, “Our” or “Us” means Considerate Constructors Scheme Limited, whose registered office is at 26 Store Street, London, WC1 7BT, (Company Registration Number: 3465121), incorporated in England Wales (VAT Registration number: 807 1629 35) and “You, Your, the Company” means the person(s) or body (incorporated or non-incorporated) who or which accesses the Best Practice Hub. Please direct any queries about these Terms to firstname.lastname@example.org.
1. It is not necessary to register with us under Our Considerate Constructors Scheme (“the Scheme”) in order to access the Best Practice Hub. However, if you decide to register with us, the following Terms and Conditions of Registration will apply (http://www.ccscheme.org.uk/index.php/policy?id=481). Please also see the Registration criteria set out in the Scheme’s Code of Considerate Practice (“Code of Considerate Practice”) (http://www.ccscheme.org.uk/index.php/company-registration/how-to-be-very-considerate/company-code-of-considerate-practice). These documents may vary from time to time and are only indicative. If you decide to register with Us the appropriate registration fees (“Fees”) will be payable as set out in the “Fees Section” on our Website at http://www.ccscheme.org.uk.
2. The Best Practice Hub is intended to facilitate understanding of what is regarded as best practice within the terms of the Code of Considerate Practice. The Best Practice Hub contains a variety of material, including for example articles, examples, opinion, text, graphics, directions, logos, trademarks, guidance, links to other third party websites.(“Content”). Content is provided as a tool to interpretation of the Code of Considerate Practice only and nothing should be construed as granting a licence to copy or download Content or use it in any manner other than for your own personal use without Our prior written consent. We hope that the Content is helpful but please note the disclaimers in Clause 6 and Our Terms of Website Use [http://ccsbestpractice.org.uk/terms-of-website-use/] which apply to the Content and the Best Practice Hub. Please also note what We say in Our Terms of Website Use [http://ccsbestpractice.org.uk/terms-of-website-use/] about responsibility for links to and from the Best Practice Hub. Content will vary from time to time and is only indicative.
3. You acknowledge that Our logos (http://www.ccscheme.org.uk/index.php/ccs-ltd/what-is-the-ccs/support) are Our exclusive property and that You obtain no rights to or in the said logos except where otherwise agreed in writing from time to time. You agree to comply at all times with Our “Logo Usage” policy set out in Our Website (http://www.ccscheme.org.uk/index.php/ccs-ltd/what-is-the-ccs/support). Our websites and the Best Practice Hub are protected by copyright, design rights, trademarks, databases and other intellectual property rights. Individuals may also have so called “moral rights” in the Content.
4. You hereby grant to Us and Our assignees or licensees an irrevocable non-exclusive, royalty free, transferable, free of charge licence to store, use, merge, modify, publish and reproduce any details, information and photographs provided by or on behalf of You when accessing the Best Practice Hub for all purposes in any and all media now existing or hereinafter invented throughout the world for the full period of any copyright existing in such including all renewals, reversions and extensions thereof. For the avoidance of doubt We shall not, subject to any obligations We may have under any other agreement, be obliged to exercise any of Our rights under this clause 4.
5. You warrant, represent and undertake that You are fully entitled and authorised to enter into this agreement with Us in accordance with these Terms and, in particular, that any licence it grants to Us does not infringe any third party rights. You indemnify Us against all losses, costs, expenses, damages or claims resulting from Your breach of these Terms or of any warranty given hereunder by You.
Limitation of Our liability
6. Clause 6 sets out the limitations of Our liability to You and:
6.1 whilst We will use all reasonable endeavours to ensure the accuracy of any Content published on the Best Practice Hub, it is provided as general guidance and may contain inaccuracies and typographical errors. We make no representation or warranty regarding the completeness, accuracy, currency or adequacy of the Content and you are advised to take independent advice on specific matters. It is Your responsibility to ensure that Content meets Your specific requirements. You agree that we shall not be responsible for any errors or omissions in Content, and that We shall not be liable for any loss, damage, cost or expense incurred by You as a result of any such error or the reliance of any third party on the Content. We shall, as a matter of goodwill, take all reasonable steps to rectify any errors made and which are brought to our attention.
6.2 without prejudice to clause 6 and subject to clauses 6.3 and 6.4, Our liability to You hereunder with regard to any claim or series of connected claims, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, shall, unless agreed in writing, be limited to the amount of the Fees (if any) paid or payable by You to Us for the period during which the incident or series of connected incidents giving rise to liability occurred;
6.3 in no circumstances shall We be liable in contract, tort (including negligence or breach of statutory duty) or otherwise, howsoever caused, i) for any increased costs or expenses or ii) for any: loss of profit; loss of goodwill; loss of business or business opportunity; loss of contracts; loss of revenues; loss of anticipated savings; loss or corruption of data; or loss for any special, indirect or consequential damage of any nature whatsoever, suffered by You that arises under or in connection with these Terms, the Best Practice Hub, the Scheme or Your Registration under the Scheme;
6.4 nothing in these Terms shall, or shall be deemed to exclude Our liability for death or personal injury resulting from negligence, or any other liability which cannot, by law, be excluded.
7. These Terms supersede and replace any and all prior arrangements, whether oral or written, between Us and You relating to the Best Practice Hub. No amendment to these Terms shall be effective unless agreed in advance in writing by Us. We reserve the right to amend these Terms at any time. Our failure to enforce or rely on any of these Terms on a particular occasion or occasions will not act as a waiver of Our rights there under and will not prevent Us from subsequently relying on or enforcing them.
8. Nothing in these Terms shall confer, or is intended to confer, on any third party any benefit or the right to enforce any term under the Contracts (Right of Third Parties) Act 1999.
9. We shall not be deemed to be in default of any provision of these Terms as a result of Our inability to perform these Terms because of circumstances beyond Our control such as, without limitation, Act of God, fire, flood, unavailability of materials, strike, national calamity, lockout, war, terrorism attack, civil war, civil commotion, or riots, failure, interruption or impossibility of any telecommunications network or utility service, including but not limited to electric power, gas or water, non-performance by suppliers or sub-contractors or any order or enactment of legally constituted authority of any country.
10. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected. If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
11. These Terms are to be interpreted in accordance with the law of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.