To use the Website you must accept these Terms and Conditions ('the Terms') which should be read carefully. These Terms represent a binding contract between you and CIBSE. If you do not wish to be bound by these Terms you should exit the Website immediately.
These Terms may be changed by us from time to time without specific notice to you. The latest Terms will be posted on the Website and you should always review these Terms prior to using the Website to ensure that you have a current understanding of the Terms under which you are permitted to access this Website. If you cannot access the Terms via the Internet, we can provide a copy of the most recent Terms by e-mail upon request.
Ownership
Unless otherwise indicated, this Website and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of CIBSE or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED.
The posting of any such elements on this Website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this Website. Except as otherwise provided herein, none of the these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Website for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded, archived or printed materials. You hereby grant to CIBSE 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 that you up-load or post to the Website (whether to a discussion forum, directory or otherwise). You acknowledge and agree that such material is not up-loaded or posted subject to any obligation of confidence.
Logos and Graphics
The copying and use of the CIBSE logo is not permitted without prior approval of CIBSE. Permission requests should be directed [email protected]. Please explain who you are, the name and objectives of any organisation you represent and the reasons why you wish to use the CIBSE logo.
The CIBSE logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks and/or trade dress ('the Marks') of CIBSE. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Data Protection Consent
By agreeing to these Terms, you agree to the terms of our Privacy Policy. Any communication or material you post or transmit to us over the Internet is and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission for us to disseminate and/or use such information for any lawful purpose.
Posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs. Notwithstanding the foregoing, all personal data provided to us as a result of this Website will be handled in accordance with our Privacy Policy.
Where the Knowledge Portal allows the user to post ratings and comments on items within the KP, CIBSE reserves the right to remove any comments where it deems appropriate or to use them for its own purposes.
Hyperlinking
- To the CIBSE website
You do not need to obtain permission to link directly to the Website. However, if you wish to use the CIBSE logo as part of a hyperlink, copyright permission is required.
Persons providing access to this Website via a link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning CIBSE.
Authorisation by us to link to this Website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this Website at any time and for any reason.
Anyone providing access to, or information relating to this Website, whether by link or otherwise, is responsible for bringing these Terms to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
- From the CIBSE website
It is our policy to obtain permission to link to other websites. We cannot guarantee that these links will work all of the time and we have no control over the availability of the linked pages.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such web sites.
Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Website the content thereof, or the products and/or services made available through such web sites. If you decide to leave our Website and access these other web sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
Discussion Forums and Social Media
All messages posted in discussion forums or in social media, irrespective of the use of the CIBSE title in such postings, should be regarded as personal opinions and do not necessarily reflect the views of CIBSE nor can CIBSE verify the accuracy of any information posted in the forums (though inaccurate information will be removed where possible). Any information posted should be checked with independent information sources. CIBSE is not responsible for the interpretation or application of the information contained within the discussion forums.
In consideration for your use of the discussion forums, you agree not to:
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
- Post any content that infringes any intellectual property rights of any party.
The discussion forums should not be used for any commercial purpose, or to advertise goods and services, place job adverts or operate surveys, contests or chain letters, or to promote causes or campaigns.
It is acceptable for course providers and product suppliers to give basic contact details in response to a request for information about specific courses and/ or products.
The discussion forums should not be used to make complaints against individuals and organisations. A dispute situation where you need information should be described in a subjective way and without reference to names. If an inappropriate message is posted, it will be deleted and the moderator or their agent will send you a private email to inform you that your message is inappropriate for the discussion forums and to ask you not to send such messages in future. If you send another such message, your email address will be removed from the subscribers' list. If you are unsure whether or not a message is appropriate, send it to the Moderator at [email protected]
Appropriate messages posted on an inappropriate forum will be forwarded to the relevant discussion forum without the subscriber being notified.
Virus protection
CIBSE makes every effort to check and test material at all stages of production. Visitors or members using the Website do so at their own risk. It is good practice for users to run a regularly updated anti-virus program on all material downloaded from the Internet. CIBSE cannot accept any liability for any loss, disruption or damage to your data or your computer system which may occur whilst using material downloaded from the Website or any linked website.
No Warranties
CIBSE takes every reasonable effort to ensure that the information published on this Website and publications held within is accurate. However, CIBSE cannot accept any liability for the accuracy or content. Members and Visitors who rely on this information do so at their own risk.
We make no representations or warranties with respect to this Website or its contents, which are provided for use "as is." We disclaim all warranties, express or implied, including without limitation the implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose, with respect to this Website and any website with which it is linked. We also make no representations or warranties as to whether the information accessible via this Website or any website with which it is linked, is accurate, complete, or current. You accept that our members, honorary officers, directors, employees and other representatives shall have the benefit of this clause.
CIBSE publications are based on the best knowledge available at the time of publication, however no responsibility of any kind for any injury, death, loss, damage or delay however caused resulting from the use of these recommendations can be accepted by CIBSE, the authors or others involved in its publication. In adopting any recommendations from CIBSE knowledge, each adopter by doing so agrees to accept full responsibility for any personal injury, death, loss, damage or delay arising out of, or in connection with, use by or on behalf of such adopter irrespective of the cause or reason therefore and agrees to defend, indemnify and hold harmless the CIBSE, the authors and others involved in its publication.
It is the responsibility of the user to evaluate (or take professional advice on) the accuracy, currency and completeness of all information, statements, opinions and other material on this website or any website with which it is linked, and on the appropriateness for the situation that the user puts it to.
As this website and the knowledge held within may be accessed and viewed via the Internet throughout the World, CIBSE does not represent or warrant that the information on this Site or its operation complies with the regulatory regime of any specific country. Users accessing the CIBSE website do so on the user's own initiative and at the user's own risk. The user is responsible for compliance with local laws.
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Copyright
All rights reserved. The material on the CIBSE website is subject to the same conditions of copyright as CIBSE publications (which are protected under the Copyright, Designs and Patents Act 1988 and Copyright and Rights in Databases Regulations 1997 SI 1997 No 3032). By using this Website, you consent to CIBSE's conditions of copyright. CIBSE copyright-protected material may be downloaded free of charge to a file or printer without requiring specific permission, as long as the material is reproduced accurately and not used in a derogatory manner or in a misleading context. Any other proposed use of the material would be subject to the approval of CIBSE.
Where this material is being issued to others, the source (including the URL of the page from which the material was obtained) and copyright status must be acknowledged. This permission to reproduce CIBSE copyright-protected material does not extend to any material on this site which is identified as being the Copyright of a third party. Authorisation to reproduce such material must be obtained directly from the copyright holders concerned. Written requests for permission to reproduce CIBSE copyright material should be addressed to:
Head of Knowledge
CIBSE
222 Balham High Road
LONDON
SW12 9BS
Full requests may be submitted by email to [email protected]
Details of rights and obligations relating to the use of publications and other content made accessible through the CIBSE Knowledge Portal are given in the 'CIBSE copyright' section of the Fair Use Policy page.
Exclusion of Liability
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.
Your Obligations
You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access of this Website.
In consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself as prompted by the Web Site's registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, and complete. If you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is inaccurate, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website.
You are responsible for maintaining the confidentiality of your password and ID, and are fully responsible for all activities that occur under your password or ID, whether by you or by anyone else using your account and password. You agree to use the Website in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Web Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You agree to inform us of any apparent breaches of security such as loss, theft or unauthorised disclosure or use of your ID or password and until we are so notified you will remain liable for any unauthorised use of your account.
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms or your access or use of this Web Site or any of the information, materials, products or services available through this Website.
Where the Knowledge Portal allows the CIBSE member to post ratings and comments on items within the KP, the member does so at their own risk.
Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.
Waiver
Failure or neglect by CIBSE to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of CIBSE's rights hereunder nor in any way affect the validity of the whole or any part of these Terms nor prejudice CIBSE's rights to take subsequent action.
Assignment
Neither these Terms nor the benefit of this Website may be assigned or transferred by you whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of CIBSE, and CIBSE reserves the right to charge for any time or costs incurred in so doing. No such assignment by you howsoever occurring shall relieve you of your obligations hereunder.
CIBSE is fully entitled to assign or transfer this these Terms or the benefit of the Website at any time. Invalidity
If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:
- the legality, validity or enforceability in that jurisdiction of any other provision of these Terms;
- the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms.
Law & Jurisdiction
These Terms shall be governed and construed in accordance with English law and this Website is operated from England. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website. We make no representation that the information contained herein is appropriate or available for use in other locations outside England.
You agree that the courts of England shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this Website, and that the laws of England shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
Third Parties
Nothing in these Terms confers or purports to confer on any third party any benefit of any right to enforce any of these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
Updated: March 2014