Introduction

Welcome to the website ('the Website') of the Association for Consultancy and Engineering ('ACE'). 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 ACE. If you do not wish to be bound by these Terms you should exit the Website immediately.

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

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.

Definitions

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;
"ACE"	means the Association for Consultancy and Engineering a company limited by guarantee whose registered office is Alliance House, 12 Caxton Street, London, SW1H 0QL;
"Page"	means a page of the Website;
"PDF"	means Portable Document Format;
"Registered User"	means a User who is a member of the ACE who has registered for electronic access to the Structural Engineer;
"Server"	means the server used by ACE 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.acenet.co.uk or such other URL or URLs as ACE may in its sole discretion from time to time decide by means of which ACE may provide access to the Website;
"Writing"	means a written communication by fax, email, or post.

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 ACE 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 ACE 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 upload 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 ACE logo is not permitted without prior approval of ACE. Permission requests should be directed to support@acenet.co.uk . Please explain who you are, the name and objectives of any organisation you represent and the reasons why you wish to use the ACE logo.

The ACE 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 ACE.

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 to us to disseminate and/or use such information for any lawful purpose.

Posting or transmittal of any unlawful, threatening, libellous, 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.

Hyperlinking

To the ACE website

You do not need to obtain permission to link directly to the Website. However, if you wish to use the ACE 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 ACE.

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 ACE.

From the ACE website

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 web sites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by ACE. 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 websites. If you decide to leave our Website and access these other websites, 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.

Purchases from ACE

ACE makes various products available for purchase from the Website.

ACE must receive payment of the whole of the price for the products that the User orders before the order can be accepted. Once payment has been received by ACE, ACE 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. ACE's acceptance of the User's order brings into existence a legally binding contract between ACE and the User.

Price

The prices payable for products ordered by the User are as set out on the Website.

The User may be required to pay extra for delivery and it might not be possible to deliver to some locations. ACE's delivery charges are set out on the Website.

Right for User to Cancel Contract

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.

A User who is a consumer may cancel their contract with ACE 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 ACE any reason for cancelling the contract nor will the User have to pay a penalty.

To cancel the contract, a User must notify ACE in Writing.

If the User has received the goods before the contract has been cancelled then the User must send the goods back to ACE at the User's own cost and risk. If the User cancels the contract but ACE 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 ACE at the User's own cost and risk.

Once the User has notified ACE that the User is cancelling the contract, any sum debited by ACE 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 ACE in the condition that they were in when delivered to the User.

Cancellation by ACE

ACE reserves the right to cancel the contract between ACE and the User if:

ACE has insufficient stock to deliver the goods ordered by the User;

ACE does not deliver to the User's area;

One or more of the goods ordered by the User was listed at an incorrect price due to a typographical error.

If ACE does cancel the contract between ACE and the User, ACE will notify the User by e-mail and will re-credit the User's account any sum deducted by ACE from the User's credit card as soon as possible but in any event within 30 days of the User's order. ACE will not be obliged to offer any additional compensation for disappointment suffered.

Delivery of Goods

ACE will deliver the goods ordered by the User to the address the User gave for delivery at the time the order was placed.

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

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 ACE will not be liable for their loss or destruction.

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

If the User does not receive the goods ordered within 30 days of the date on which the User placed the order, ACE shall have no liability to the User unless the User notifies ACE in Writing of the problem within 40 days of the date on which the order was placed.

If the User notifies ACE of a problem in these circumstances, ACE's only obligation will be, at the User's option:

make good any shortage or non-delivery;

to replace or repair any goods that are damaged or defective; or

to refund to the User the amount paid for the goods in question in whatever way ACE chooses.

Virus protection

ACE 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. ACE 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

ACE takes every reasonable effort to ensure that the information published on this Website is accurate. However, ACE cannot accept any liability for the accuracy or content. Members and visitors who rely on this information do so at their own risk.

ACE makes 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.

It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked. 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 ACE website is subject to the same conditions of copyright as ACE 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 ACE's conditions of copyright. ACE copyright protected material may be downloaded free of charge to 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 ACE.

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 ACE 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 ACE copyright material should be addressed to:

The Legal Director
ACE

Full requests may be submitted by email to enquiries@acenet.co.uk

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 Website'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.

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 ACE to enforce at any time any of the provisions hereof shall not be construed as nor shall be deemed to be a waiver of ACE's rights hereunder nor in any way affect the validity of the whole or any part of these Terms nor prejudice ACE'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 ACE, and ACE 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.

ACE is fully entitled to assign or transfer 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, it shall not affect or impair the legality, validity or enforceability in that jurisdiction of 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 the UK.

You agree that the courts of England and Wales 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 and Wales 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 or  right to enforce any of these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.

Updated: 12/04/2009