Website - Terms of UseTerms and
Conditions
This website
(“the Site”) is owned and operated by Arcadis Consulting (UK) Limited whose registered
office is at Arcadis House, 34 York Way, London, N1 9AB, UK.and its company
number is 02212959. Any references to “we” or “us” means Arcadis Consulting (UK) Limited.
You can contact us on pumpcentre@arcadis.com.
In consideration of making the Site available to you free of charge, you agree
that by accessing and using the Site at www.pumpcentre.com and all the material
and information provided on it (the “Content”) you will be bound by these terms
and conditions (“the Terms”) that appear below.
Nothing in
these Terms shall affect your statutory rights if you are a
consumer.
1.
Use of
Content
1.1.
The copyright, database
rights, trade marks, domain names and other intellectual property rights
(“Intellectual Property Rights”) in all material and information on the Site
(“the IPR Content”) belongs to us or (if it has been licensed to us) to the
licensor.
1.2.
You may download or print off
copies of the IPR Content of the Site for your personal, non-commercial use and
information only.
1.3.
If you do download or print
off copies of the IPR Content you must retain any copyright or other
intellectual property notices contained in the original
material.
1.4.
You are not permitted to copy
or adapt the IPR Content, layout or code of the Site, or create an archive or
database containing all or parts of the IPR Content for any business purpose or
other commercial exploitation, without our specific consent.
1.5.
All rights in
www.pumpcentre.com, the IPR Content, and any other content displayed on
www.pumpcentre.com are owned by or licensed to us and may not be used in any way
without our prior written permission.
1.6.
Any:
1.6.1 username allocated to or chosen by you, and/or
1.6.2 password chosen by you;
are not
transferable, and you shall keep them strictly confidential and secure. You must
notify us immediately if any unauthorised use comes to your
attention.
1.7.
You shall indemnify us
against any unauthorised use of your username and password, including use by a
third party where you have allowed or facilitated that third party to have
access to your username and password.
1.8.
You shall indemnify us
against all costs, claims, demands or expenses incurred by or made against us
and/or www.pumpcentre.com as a result of any breach of these Terms by you and/or
by any third party permitted or facilitated by you to have access to any of the
Content, howsoever arising.
2.
Disclaimer and
Limitation of Liability
2.1.
We provide the Site to you on
an ‘as is’ and ‘as available’ basis. You should not rely on any of the Content
on the Site. Neither we nor any of the other companies in our group shall be
liable for any losses or damage that anyone may suffer as a result of relying on
the Content.
2.2.
The Contents of the Site do
not constitute an invitation for the sale or purchase of securities or to invest
in our shares or deal in any way in our shares or enter into any contract for
services with us or any of the other companies in our group. We do not intend
and are not authorised to give financial advice so you should not rely upon the
Contents of the Site when making an investment decision. You should consult an
appropriate professional for any financial advice to meet your needs. None of
the information on the Site is to form the basis of or be relied on in
connection with any agreement or arrangement which may at any time be entered
into by you with us.
2.3.
We cannot guarantee the speed
or security of the Site. We shall not be responsible for the presence of any
viruses, electronic bugs, Trojan horses etc and any damage that they may cause
or loss that you may suffer, whether directly or indirectly as a result of a
virus attack that is traced to the Site.
2.4.
We will not be liable for any
direct, indirect or consequential losses that you suffer through your access or
use of the Site or other material on the internet via web links from the Site.
2.5.
We do not restrict our
liability in respect of fraudulent misrepresentation or in respect of death or
personal injury directly caused by our negligence or any matter which it would
be illegal for us to exclude or attempt to exclude our
liability.
3.
Modification of these
Terms
3.1.
The Site is compiled for
information purposes only. As such we may change these Terms from time to time
so you should check them regularly. You will be bound by any changes to these
Terms from the time you next access the Site. If you do not agree with any
changes to these Terms please do not continue to access the
Site.
4.
Links to Other
Websites
4.1.
We do not monitor the content
of other websites and any links provided on the Site are for your convenience
only. We make no representation or warranty as to the content of such third
party websites. We exclude all liability for any third party material made
available on the Site or contained on any third party website that it links to.
Any contract concluded with a third party company of a linked site will be
between you and that company only and will be subject to their terms and
conditions. You are responsible for viewing and complying with the privacy
policy and terms of use posted at the linked sites.
4.2.
No links are permitted to the
Site and other sites are not permitted to embed text in the Site without our
express consent in writing.
4.3.
We will not allow any use of
our logo or that of www.pumpcentre.com as a ‘hot’ link to the Site unless we
approve in advance and in writing the establishment of such a
link.
5.
Contributing to the
Site
5.1.
In order to submit material
to the Site you may be required to register a unique user ID and password. In
this event you undertake not to maliciously create additional registration
accounts for the purpose of abusing the functionality of the Site, or other
users; nor to seek to pass yourself off as another user.
5.2.
We reserve the right to
prohibit access to www.pumpcentre.com by any person(s) at our sole discretion,
from which point their user ID and password will be rendered
inoperative.
5.3.
Any submission of material by
you (“Contributed Material”) will be on the following terms:
5.3.1 you grant us a non-exclusive, non-transferable, perpetual,
royalty-free, worldwide licence to publish or use the Contributed Material in
any format. The licence shall include the right for any user of the Site to
access and use the Contributed Material in accordance with the
Terms.
5.3.2 you warrant that all rights including intellectual property and moral
rights in the Contributed Material belong to you or you have received all
necessary permissions to submit it to us and/or the Site.
5.3.3 you warrant that any Contributed Material
submitted:
5.3.3.1 is not obscene, offensive, libellous or defamatory of any person or
otherwise in breach of any applicable laws;
5.3.3.2 does not concern the private life of any individual, their personal
data, or material which is false, defamatory, vulgar, obscene, threatening,
harassing, likely to prejudice legal proceedings which are “active” for the
purposes of the Contempt of Court Act 1981, or otherwise in contempt of court or
unlawful; and
5.3.3.3 does not infringe the copyright or moral rights of any third
party.
5.4.
If applicable to the Site,
you will also comply with our conduct rules as published by us from time to
time.
5.5.
We may provide a your details
to a third party where, in our reasonable opinion, any Contributed Material is
in breach of these Terms and a third party has a legitimate interest in
obtaining those details for the purposes of pursuing legal action in relation to
the Contributed Material submitted. You acknowledge that we may also be required
to hand over such information by order of a Court.
5.6.
We at our sole discretion
reserve the right to make additions or deletions to, edit, crop or arrange any
Contributed Material prior to publication, or not to publish it in part or in
whole. We may do so without giving any reason but you should note that
Contributed Material that is off-topic or deemed by us to be unnecessarily
antagonistic is likely to be rejected. In addition we may take down postings
where we think that they may breach the Terms or where a complaint is made. Our
decision is final.
5.7.
We shall make no payment for
any Contributed Material and used in accordance with these
Terms.
6.
Privacy Policy
6.1.
We are committed to
protecting your privacy. The privacy policy covers all visitors to the Site at
www.pumpcentre.com irrelevant of your location in the world. The policy sets out
how we use and protect personal information about our Site users.
6.2.
Any changes made to our
privacy policy in the future will be posted on the page and, where we think
appropriate, notified to you by email.
6.3.
The Site uses cookies to
record users’ preferences in relation to accessibility functionality. The
cookies used by the Site are classified under European Law as
follows:
6.3.1 Category 1: strictly necessary cookies - These cookies are essential
in order to enable you to move around the website and use its features, such as
accessing secure areas of the website. Without these cookies services you have
asked for, cannot be provided.
6.3.2 Category 2: performance cookies - These cookies collect information
about how visitors use a website, for instance which pages visitors go to most
often, and if they get error messages from web pages. These cookies don’t
collect information that identifies a visitor. All information these cookies
collect is aggregated and therefore anonymous. It is only used to improve how a
website works.
6.4.
By using the Site with your
browser settings configured to accept cookies tells us you agree that we can
place these types of cookies on your device.
6.5.
The Site, like the majority
of all websites on the internet, requires cookies for it to operate correctly,
however the Site does not use cookies to collect personally identifiable
information about you. The cookies do collect site navigation information that
are used to enhance the user experience on a return visit
6.6.
If you wish to restrict or
block the cookies which are set by the Site you can do the through your browser
settings. The Help function within your browser should tell you how but changing
the settings may affect the functionality of the Site or any others you visit
where cookies are necessary to run the website.
6.7.
We automatically log
visitor's domain and IP address (a unique string of numbers that identifies a
computer on the Internet) by programming. The data is used to see where the Site
is being accessed in the world, and for our internal analysis to enable us to
better understand site usage, so we can improve our service to you. The
information identifies only the computer that is being used to view the
Site.
6.8.
We have taken suitable
physical, electronic and managerial steps to protect the confidentiality and
security of your personal information.
6.9.
When you submit an enquiry to
us, we will request specific details (including your name and e-mail address)
and, where you choose to provide it, other contact information, so that we can
respond to your request. Any other information requested is purely to assist us
in making sure your enquiry is directed to the most relevant person. Copies of
correspondence may be retained in order to provide a better
service.
6.10.
We do not provide your
details to third parties except where we have a legal obligation to do so. We
will not provide your details to other companies for any marketing or
promotional purposes unless we have your consent. If
you are based in the European Economic Area (EEA) the may result in your
information being passed outside of the EEA. We have put in place protections to
ensure that your information is safeguarded. In the event of a sale of the
business or its shares we may need to share your information with other
companies.
6.11.
We take all reasonable steps
to retain data only for as long as we need it to respond to your enquiry. If you
no longer wish us to store your personal information, please contact pumpcentre@arcadis.com
and we will delete it from our database except where we need to
continue to hold some details about you after your relationship with us has
ended, for example for legal and regulatory purposes or if we need the
information to perform services which we are providing to
you.
7.
Job Vacancies posted
on the Site
7.1.
We may from time to time post
on the Site details of job vacancies for any member of the Pump Centre. However
all such details are provided to us by the members and we make no representation
or warranty in relation to such details. We exclude all liability for details of
job vacancies for any member of the Pump Centre posted on the Site.
7.2.
Where we post on the Site
details of job vacancies we are not:
7.2.1 introducing any person for direct employment with the relevant member
of the Pump Centre as either a fixed term worker or a permanent worker and
therefore we are not acting as an employment agency as defined in the Employment
Agencies Act 1973 or for the purposes of the Conduct of Employment Agencies and
Employment Business Regulations 2003.
7.2.2 introducing and/or supplying any temporary worker and therefore
we are noting act as an employment business as defined in the Employment
Agencies Act 1973 or for the purposes of the Conduct of Employment
Agencies and Employment Business Regulations
2003.
8.
E-Store
8.1.
The Site contains a
link to an online store for purchasing documents (“E-Store”) and you should
always check that the relevant information you provide (for example contact
details and payment card details) is correct before proceeding to payment for
any documents you order on the E-Store.
8.2.
Due to the electronic
nature of the E-Store and documents available on the E-Store no right of
cancellation or refund exists under the Consumer Protection (Distance Selling)
Regulations 2000 once a document has been purchased by
you.
8.3.
When you purchase a
document from the E-Store you will have a licence to use that document subject
to any limitations set out in these Terms.
8.4.
The copyright notice
and document reference details at the end of each document shall not be removed
or altered in anyway by you.
8.5.
You shall not re-sell,
re-publish, copy or distribute any document purchased from the E-Store or any
part thereof for use by any third party. However if you are a corporate
organisation you shall be permitted to copy or distribute any document purchased
from the E-Store for use by other organisations within your group
structure.
8.6.
To purchase documents from
the E-Store you will need to register with the E-Store and
any:
8.6.1 username allocated to or chosen by you, and/or
8.6.2 password chosen by you;
are not
transferable, and you shall keep them strictly confidential and secure. You must
notify us immediately if any unauthorised use comes to your
attention.
8.7.
You shall indemnify us
against any unauthorised use of your E-Store username and password, including
use by a third party where you have allowed or facilitated that third party to
have access to your E-Store username and password.
8.8.
We make no representation or
warranty, express or implied, as to the accuracy or completeness of the
documents available on the E-Store and you rely on the documents at your own
risk.
8.9.
You should seek appropriate
advice from a suitably qualified professional on the documents available on the
E-Store before taking, or refraining from taking, any action.
8.10.
We are not liable for any
loss, howsoever caused, arising directly or indirectly from your reliance on any
documents available on the E-Store.
8.11.
When you place an order to
purchase a document(s) on the E-Store, you are making an offer to buy the
document(s) in your order. Your offer is accepted and the contract of sale of
the document(s) ordered by you is concluded when a link to the document(s) is
emailed to you.
8.12.
The Pump Centre and the
E-Store are owned and operated by Arcadis Consulting (UK) Limited
whose registered office is at Arcadis House, 34 York Way, London, N1 9AB, UK (company number: 02212959 and VAT number: 762995771).
9.
Termination/Access
Restriction
9.1.
We reserve the right, in our
sole discretion, to terminate or restrict your access to the Site at any time,
without notice.
9.2.
We have no obligation to
maintain any IPR Content or to forward any unread or unsent messages to you or
any third party.
10.
Complaints
10.1.
If you have any complaint
concerning the Site or any part thereof, including the Documents Centre, you can
send your complaint by post to The Pump Centre, Arcadis Consulting (UK) Ltd, 5th Floor, 401 Faraday Street, Birchwood Park, Warrington, WA3 6GA, or by email to pumpcentre@arcadis.com .
11.
General
11.1.
You may not assign,
sub-license or otherwise transfer any of your rights under these
Terms.
11.2.
If any provision of these
Terms is found to be invalid for any reason, the invalidity of that provision
will not affect the remaining provisions of these Terms, which shall remain in
full force and effect.
11.3.
Failure by either of us to
exercise any right or remedy under these Terms does not constitute a waiver of
that right or remedy.
11.4.
A reference to a statute or
statutory provision is a reference to it as it is in force for the time being,
taking account of any amendment, extension, or re-enactment and includes any
subordinate legislation for the time being in force made under
it.
12.
Choice of Law and
Jurisdiction
12.1.
These Terms are governed by
English Law and you agree to submit to the exclusive jurisdiction of the English
Courts irrespective of the location from which you are accessing the
Site.
Pump Centre – Website Conduct Rules
1.
Conduct Rules
1.1
Where the Site provides a
public forum for users of the Site to participate in these conduct rules shall
apply and if you breach them we reserve the right to remove any comment you have
made and/or block you from using the Site.
2.
Your Participation in
and Contribution to the Site
2.1
Swearing or blaspheming in
any form is not acceptable and is prohibited.
2.2
Your contribution to the Site
should be related to relevant topics.
2.3
All sexual, racist,
discriminatory or other content likely to offend any reasonable reader or user
of the Site in any way is not acceptable and will not be tolerated.
2.4
Any contribution must not in
any way promote any practice or activity that breaches any applicable law or is
fraudulent, or has any unlawful or fraudulent purpose or effect.
2.5
It is acceptable to mention
another user of the Site or any other individual so long as it is friendly,
respectful or neutral in tone. You can disagree with their views, but any
personal comment, abuse or criticism is not acceptable and will not be
tolerated.
2.6
We may not run comments that
we think could be libellous or defamatory and we may take down postings where we
think this is the case or where a complaint is made. Our decision is final.
Please note that even when a name is not given, if the person can be identified
this is equally unacceptable.
2.7
Please note that if you do
defame someone (including a corporate organisation) proceedings can be brought
against you by the individual or organisation. So please check what you say is
not defamatory. Courts can require us to reveal your details - you should
remember at all times that we will comply with any valid request for the release
of details of individuals posting defamatory material for the purposes of
identifying those individuals and taking legal action against them. Those
details may include IP addresses.
2.8
You may mention a company or
individual favourably. However there is an obvious difference between reporting
a good experience with a company or professional you have used, and blatantly
advertising their services. Please note that the forum is not designed for
advertising of products or services. In particular, you must not submit
unsolicited or unauthorised advertising or promotional material or similar
material.
2.9
We may revise these conduct
rules at any time by amending this page. You are expected to check this page
from time to time to take notice of any changes we make. You should also be
aware that some or all of these conduct rules may be superseded by terms
published elsewhere on the Site and it is your responsibility to check and
satisfy yourself of the conduct rules that apply at any given
time.
3.
Personal
information
3.1
We do not recommend that you
publish your personal details and those of others on the Site, for example an
email address, telephone number or address.
3.2
You should be aware that if you
publish personal details of another without their consent you could be in breach
of Data Protection laws.