i-WASP TERMS OF USE
Please read these Terms of Use and the associated Privacy Policy carefully, they contain important information about your rights and obligations.
1. Agreement
1.1 The i-WASP system is an online knowledge resource that provides specialist level knowledge to construction professionals, managers and students ("i-WASP"). The i-WASP system is produced and made available by I-WASP LIMITED, whose registered office is at Bell House, Ashford Hill, Thatcham, Berkshire, RG19 8BB (Company Number: 559860) "i-WASP" or "i-wasp" or "we" or "us"). By using the website, accessible via the URL www.i-wasp.co.uk ("Website") or by accessing the i-WASP system you ("User" or "you") agree to these Terms of Use.
1.2 These Terms of Use, terms contained in the licence agreement granting access to the Website entered into between us and your employer / you as applicable ("Licence"), any disclaimers and conditions on the Website and the Privacy Policy form the agreement between you and us ("Agreement"). If you do not agree to be legally bound by the Agreement please leave the Website immediately. Your continued access and use of the Website and/or i-WASP will amount to acceptance.
1.3 In particular, we draw your attention to clause 2 (Licence and Permitted Uses), clause 3 (Restrictions and Intellectual Property Rights), clause 4 (Disclaimer), clause 5 (Limitations of Liability) and clause 7 (Contributions by You). You may print and keep a copy of these Terms of Use.
1.4 We reserve the right to change the Website and these Terms of Use at any time and we will endeavour to make it clear when changes are made. You should review these Terms of Use on a regular basis to ensure that you are aware of any changes made as you will be legally bound by any amended terms if you continue to use the Website and the i-WASP system after the changes.
2. Licence and permitted uses
2.1 You are hereby granted a non-transferable, non-exclusive licence to use and access the i-WASP web system for your personal non commercial use for the duration of the Licence or until your access is terminated by us, subject to the terms and conditions set out in these Terms of Use and in the Agreement.
2.2 You may only use the i-WASP system if you:
2.2.1 are qualified to use the content of the i-WASP system in a responsible and adequate manner;
2.2.2 are authorised by your employer or other permitted licensee to access the i-WASP system pursuant to the Licence; and
2.2.3 use it in compliance with applicable laws, regulations and codes of conduct.
3. Restrictions and intellectual property rights
3.1 The Website and the i-WASP system contains copyright material, trade names and marks and other proprietary information, including, but not limited to, text, software, photos, graphics and may in the future sound ("Content"). The Content is protected by copyright law, database rights and other intellectual property rights.
3.2 i-WASP, its licensors, or authorised contributors own the copyright, database right and other intellectual property rights in the selection, co-ordination, arrangement and enhancement of such Content, as well as in the Content original to it. You may not without our express written permission:
3.2.1 reproduce, transmit, display, copy, distribute, commercially exploit or use the i-WASP system and/or the Content;
3.2.2 resell, sub-licence, rent, lease, transfer or attempt to assign the rights in the i-WASP system and/or the Content (in whole or in part) to any other person;
3.2.3 allow any person who is not an employee or contractor of your employer authorised to access the i-WASP system to use and/or gain access to the i-WASP system and/or the Content; and
3.2.4 modify, alter or create derivative works from the i-WASP system and/or the Content.
3.3 In the event of any authorised copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
3.4 Upon the expiry or termination of the Licence authorising your access to the i-WASP system or breach by you of any provision contained in the Agreement you shall cease to have any further rights to use the i-WASP system and/or the Works and shall take all reasonable steps to remove and delete the same from your records and from any databases and to destroy any copies thereof.
4. Disclaimer
4.1 I-WASP LIMITED strives to ensure that the i-WASP system is an accurate and up-to-date online building and construction management knowledge resource. The editors and publisher have taken all reasonable precautions to verify that the pathways, guidance, checklists and practices are accurate and up to date.
4.2 The ultimate responsibility for the use of the Content, and the interpretation of the published material as set out in the i-WASP system and the Content lies solely with you as the practitioner.
4.3 In circumstances where you suffer loss or damage arising out of or in connection with the use of the i-WASP system and/or the Content, I-WASP LIMITED and its employees, editors and publishers accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of I-WASP LIMITED or its servants, agents or any other person.
4.4 Please inform I-WASP LIMITED of any errors or omissions which are drawn to your attention.
4.5 Users should be aware that professionals in the field may have different opinions. Because of this fact and also because of regular advances in research, we strongly recommend that Users independently verify the recommended practice, including manufacturers' guidance. Also, the categories do not indicate whether a particular approach is generally appropriate or whether it is suitable for a particular situation. Ultimately it is the Users� responsibility to make their own professional judgements, so as to appropriately undertake the project.
4.6 Description or reference to a product or publication does not imply endorsement of that product or publication.
4.7 Save as expressly set out in the Agreement all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
5. Limitations of liability
5.1 The following provisions of this clause 5 set out the entire financial liability of I-WASP LIMITED (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of
5.1.1 any breach of the Agreement; and
5.1.2 any representation, statement or tortious act or omission, including (without limitation) negligence arising under or in connection with this Agreement.
5.2 Nothing in this Agreement excludes or limits the liability of I-WASP LIMITED:
5.2.1 for death or personal injury caused by I-WASP LIMITED's negligence; or
5.2.2 for any matter which it would be illegal for I-WASP LIMITED to exclude or attempt to exclude its liability; or
5.2.3 for fraud or fraudulent misrepresentation.
5.3 Subject to clause 5.2:
5.3.1 I-WASP LIMITED's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Agreement shall be limited to the aggregate amount of the fees (excluding value added tax) paid by your employer or you as a User to I-WASP LIMITED pursuant to the Licence in the period of twelve months preceding any such claim being made by you against I-WASP LIMITED; and
5.3.2 I-WASP LIMITED shall not be liable to you for any loss of profit, loss of business or business opportunity or depletion of or damage to goodwill, in each case whether direct, indirect or consequential, or for any claims for indirect or consequential loss or damage whatsoever (and howsoever caused) which arise out of or in connection with the Agreement.
6. Indemnification
6.1 You agree to indemnify, defend and hold harmless I-WASP LIMITED, its officers, directors, employees, authors and partners on demand from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of the Agreement.
7. Contributions by you
7.1 Where you are:
7.1.1 invited to submit any contribution to the Website (including any text, message board content, photographs, graphics, video or audio); and/or
7.1.2 granted authorisation to amend or adapt development / implementation pathways or any other content contained in or associated with the i-WASP system;
you hereby agree, by submitting your contribution ("Contribution"), to grant I-WASP LIMITED a perpetual, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your Contribution worldwide and/or to incorporate your Contribution in other works in any media now known or later developed for the full term of any rights that may exist in your Contribution (including without limitation in the i-WASP system). If you do not want to grant to I-WASP LIMITED the rights set out above, please do not submit your Contribution to the Website.
7.2 By submitting your Contribution to the Website, you
7.2.1 warrant and represent that your Contribution;
(a) is your own original work and that you have the right to make it available to I-WASP LIMITED for all the purposes specified above and that it does not breach or infringe anyone else�s rights such as copyright or in is in any way illegal;
(b) is not defamatory, libellous, obscene, menacing, threatening, offensive, abusive, fraudulent or criminal;
(c) will not and does not contravene any relevant local, national or international law or incite or encourage the contravention of any such law;
(d) is not related to the conduct of a business;
(e) does not advertise or market anything in any way;
(f) is not otherwise offensive; and
7.2.2 agree that by making a Contribution to the i-WASP system you are solely liable for any costs, damages, expenses or any other liability arising from the Contributions made by you, except where we expressly agree to approve your Contributions prior to their publication or use;
7.2.3 agree to waive any moral rights in your Contribution for the purposes of its submission to and publication on the Website and the purposes specified above to the fullest extent permitted by law;
7.2.4 confirm that you are qualified in the building and construction management field in to make the Contribution;
7.2.5 agree at all times to follow our message board rules of posting which will be shown next to the message board; and
7.2.6 agree to indemnify and keep I-WASP LIMITED indemnified on demand against all legal fees, damages and other expenses that may be incurred by I-WASP LIMITED as a result of your breach of this clause 7.
7.3 We reserve the right to identify you in response to a court order or threat of legal action.
7.4 If you see any information on the Website which breaches your or anyone else�s rights or may be illegal, defamatory or otherwise should be removed, let us know immediately and, where we agree, we shall do our best to remove it as soon as possible.
7.5 I-WASP LIMITED reserves the right to edit, modify, publish, licence, remove postings to message boards, delete or use electronic methods to block or filter any Contribution left on, included in or sent to the Website or the i-WASP system at our discretion, including without limitation any message which contravenes any of these Terms of Use, but we do not have an obligation to do so.
7.6 You must indemnify (pay) us on demand for any losses we suffer if you breach this provision or any other provision of these Terms of Use or the message board rules of posting.
7.7 We expect many of those contributing to our message boards to have strong views about the matters discussed, but the Website is subject to the laws of libel and you and we could be sued if you are not careful in what you say. You should not make libellous postings or any postings which are illegal or breach copyright, database or other related rights. It is your responsibility to check this and we do not accept any liability in this respect or agree to monitor the content of such postings.
8. Waiver, release and limitation of liability
8.1 Subject to clause 5.2, you release I-WASP LIMITED, its officers, directors, employees, authors, and partners from any liability relating to your use of this Website. You waive any claims for sustained losses or damages from use of the i-WASP system to the fullest extent permitted by law.
9. Continuity and external links
9.1 Every effort is made to ensure that access to the i-WASP system is uninterrupted and that transmissions will be error-free. However, we cannot, due to the nature of the internet, guarantee that your access will not be suspended from time to time including to allow for repairs, maintenance or the introduction of new content or facilities.
9.2 The i-WASP system contains links including hyperlinks which may take you outside www.i-wasp.co.uk. Links are provided for your convenience, and an inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or content.
10. Passwords
10.1 Access to the i-WASP system is secured by an authentication system. You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and passwords that may be given to you or selected by you for use on the Website. You may not share these with or transfer them to any third parties.
10.2 You will immediately notify I-WASP LIMITED if you become aware of or suspect that your authentication is in the possession of any other person or if you become aware of or suspect any unauthorised access to or use of the i-WASP system.
11. Confidentiality
11.1 Neither party shall, at any time during the period of the Agreement or at any time thereafter, disclose to any other person, or use for any purpose except as provided by the Agreement, any confidential information which has been disclosed to or obtained by it pursuant to the Agreement. The parties hereby acknowledge that the i-WASP system and the Content is valuable proprietary information confidential to I-WASP LIMITED.
11.2 Any confidential information to which clause 10.1 applies in relation to either party may be:
11.2.1 disclosed by that party as required by law or by a competent regulatory authority; and/or
11.2.2 disclosed by it to any other person, to the extent only that the same is at the date of the Agreement or has after that date through no fault of that party become public knowledge, or can be shown by that party, to the reasonable satisfaction of the other party, to have been known to it prior to that date.
11.3 The obligations imposed by this clause 10 shall continue to apply after the Agreement has terminated.
12. Third party rights
12.1 The Agreement is not intended to grant rights to third parties pursuant to The Contracts (Rights of Third Parties) Act 1999 but the officers, directors, employees, authors and partners, and advertisers of I-WASP LIMITED may use the provisions of paragraph 4 and 5 for their own behalf.
13. Severability
13.1 Each provision in of these Terms of Use stands independently; they are severable. In the event that any provision herein is found to be invalid, this shall not affect the validity of the remaining provisions.
14. Privacy/Personal data
14.1 The personal information you provide to I-WASP LIMITED when you register for the use of the i-WASP system will be used by I-WASP LIMITED in accordance with the Privacy Policy.
15. Entire Agreement
15.1 The Agreement forms the whole agreement between you and us. You acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in this Agreement.
15.2 Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
15.3 Any formal legal notices should be sent to us at the address at the end of these Terms of Use by email confirmed by post.
15.4 Failure by us to enforce a right does not result in waiver of such right.
15.5 You may not assign or transfer your rights under this Agreement.
15.6 We reserve the right to bar Users from the Website, the i-WASP system and/or specific web pages, on a permanent or temporary basis in the event of a breach of this Agreement; we suspect there has been a breach of password security or in our reasonable discretion. Any such User shall be notified and must not then attempt to use the Website under any other name or through any other User.
16. Governing law
16.1 These Terms of Use are governed by English law notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of Use and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England.
16.2 We provide no warranty or guarantee that the Website or information available on it complies with laws other than those of England.
17. Further information
Further information on these Terms of Use or any queries on them can be obtained from:
I-WASP LIMITED, 5 Two Gate Meadow, Overton, Basingstoke, RG25 3TG, United Kingdom.
