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Introduction |
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Please read these Terms and Conditions carefully. They represent all the terms of the legal contract that is automatically created between you and Arbrix when you access Arbrix’s website.
You should also note that Arbrix is free to make changes to these Terms and Conditions at any time, and such changes will be announced on this page. We therefore suggest that you review these Terms and Conditions on a regular basis.
By accessing the Arbrix’s Website and using any of the facilities provided within it, you are agreeing to comply with these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions simply do not access the Arbrix website.
For clarity we use a number of defined terms in these Terms and Conditions that are as follows:
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“You”, “Your”
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means any individual accessing the Website;
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“Arbrix Services”
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means all and any of the services provided by Arbrix from the Website;
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| “Website” |
means the URL http://www.arbrix.org ; and
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| “Arbrix”, “we”, “our”, or “us” |
means Arbrix, a company limited by guarantee, registered in England (company number 3734135) of The Old Bakehouse, Course Road, Ascot, Berkshire, SL5 7HL.
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| 2.0 |
Provision of the Website |
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2.1
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Arbrix undertakes to make available the Website and provide the Arbrix Services in accordance with, and subject to, these Terms and Conditions.
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2.2
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Arbrix warrants and undertakes to use reasonable skill and care in making available the Website and providing the Arbrix Services. However you acknowledge that Arbrix is unable to make the Website available and provide the Arbrix Services free of all faults, errors and viruses, and for clarity and fairness we draw your attention to the following:
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- the Website and Arbrix Services are provided to you on an “as is” and “as and when available” basis, at your own risk;
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- Arbrix expressly excludes all other warranties (express or implied) relating to the Website, the Arbrix Services or any other products or services referred to on the Website;
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- in particular Arbrix makes no warranties as to the accuracy, completeness, reliability, suitability or legality of any information (including any opinions, or search results) contained in the Website. Arbrix recommends that you make your own appropriate checks;
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- Arbrix is not the agent for and does not represent any persons or organisations that are referred to in the Website, and Arbrix makes no representations or warranties relating to their products and services; and
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- any hypertext links to other websites are provided for your convenience only. Arbrix assumes no responsibility whatsoever for the content of such other websites linked to (including any hyperlinks to further websites), nor for any products or services advertised or sold on such websites. You should also be aware that accessing such websites and their content may be subject to third party terms and conditions, which we suggest you review, when you visit such websites. Any dealings with such third parties are between you and the third party.
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| 2.3 |
Please note that if the law in your country does not permit such representations, warranties and undertakings to be excluded, the above may not apply to you.
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| 2.4 |
We reserve the right to suspend, terminate, alter and/or amend the Website and/or the Arbrix Services without giving notice to you.
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| 3.0 |
Your Use of the Website
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Please note that the copyright in the website is owned by Arbrix and we therefore reserve all our rights.
Subject to for the following terms of use, please feel free to enjoy the Website and the Arbrix Services for your own personal uses.
You must not use the Website or the Arbrix Services or copy, download, distribute or publish any text or images contained in the Website, without first receiving the express permission of Arbrix:
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3.1
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to compile any database or directory to be made available to other persons (whether commercially or otherwise);
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3.2
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to sell or trade in any of the information or other material copied or downloaded from the Website;
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| 3.3 |
to change any of the text or images contained in the Website, or to merge it with any other text or images;
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| 3.4 |
for any purpose that is unlawful or fraudulent, or which may damage Arbrix’s reputation or cause Arbrix embarrassment;
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| 3.5 |
to send any defamatory, offensive, abusive, obscene, or threatening messages, or any messages that may cause unjustified annoyance, inconvenience or needless anxiety;
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| 3.6 |
for any direct marketing, whether by telephone, fax, email, text or other media; and/or
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| 3.7 |
in any way that may infringe the legal rights of Arbrix or another person (please see in particular the next paragraph relating to Intellectual Property Rights below).
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| 4.0 |
Intellectual Property Rights |
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4.1
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The text and images contained in the Website or provided by Arbrix as part of the Arbrix Services is for your use only and may not be distributed to anyone.
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4.2
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Subject to our express agreement to the contrary, and save for your accessing the Website and using the Arbrix Services in accordance with paragraph 3, your use of the Website and Arbrix Services carries with it no rights in relation to copyright, trademarks or other intellectual property rights that belong to us or to third parties that have granted us licences to use their intellectual property. The Arbrix name and logo are trademarks of Arbrix.
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| 4.3 |
Please note that you may not display the contents of the Website or any part of it in a frame surrounded by other material not originated by us.
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| 4.4 |
You may print or download to a personal computer extracts for personal use provided that:
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- Arbrix is the acknowledged source including the reference www.arbrix.org ; www.arbrix.co.uk ;
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- all titles credits and URLs are included; and
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- this permission is revocable at any time by Arbrix.
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| 4.5 |
Permanent copying and/or storage of whole or part of the Website or the information contained within it, or reproduction or incorporation of any part of it in any other work or publication whether paper or electronic media or any other form is expressly prohibited.
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| 5.0 |
Member Only Areas |
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In addition to the general conditions of use which are set out in paragraph 3, the following terms and conditions apply to your use of the Members Only section of the Website.
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5.1
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User ID and Password
Your User ID and Password are Arbrix’s confidential information. They must not be disclosed to any third party, and you should change your password on a regular basis.
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5.2
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Member Directory
Please note that the list of members contained in the Member Directory does not comprise the exhaustive list of individuals who are available for appointment as Arbitrator, Independent Expert, or Adjudicator made by the President of The Royal Institution of Chartered Surveyors.
You agree that, unless you obtain the relevant member’s consent, you will:
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- only use the information contained in the Member Directory for your own purposes, and will not disclose any information contained in the Member Directory to any third party;
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- not use the Member Directory for any direct marketing, whether by telephone, fax, email, text or other media; and/or
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- not access the Member Directory from, nor transfer any information contained in the Member Directory to, any location outside of the European Union, Iceland, Liechtenstein, Norway, Hungary, Switzerland and Canada.
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Any change of details/ circumstances of members should be notified in writing/e-mail to Geoffrey W Wright EA Shaw Chartered Surveyors, 9-12 Bow Street, Covent Garden, London WC2E 7AB. E-mail gww@eashaw.com |
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| 5.3 |
Contact Details of Committee Members
You agree that you will only use these contact details for your own purposes and, unless you obtain the relevant Committee Member’s consent, you will not disclose these contact details to any third party.
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| 5.4 |
Downloads Library and Past Papers
You acknowledge and agree that copyright in any and all documents in the Downloads Library and in all and any Past Papers belongs to Arbrix or its licensees.
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| 6.0 |
Arbrix's Liability to You |
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6.1
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If you think that we have breached these Terms and Conditions or any other legal requirement we urge you to contact us first so that we can put things right as soon as possible.
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6.2
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We do not in any way limit our liability to you for any death or personal injury arising from our negligence, or for any loss you suffer as a result of fraud.
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| 6.3 |
If we are in breach of these Terms and Conditions or any other legal requirement, we agree to compensate you for any reasonable losses that you have directly incurred as a result of the breach.
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| 6.4 |
However please note that we will not liable to you in contract, tort (including negligence) or otherwise, for:
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6.4.1
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any economic losses (including lost profits or lost business, anticipated savings, goodwill, reputation) lost or damaged data, or other incidental, special or consequential losses;
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6.4.2
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any loss or damage suffered by you as a result of your relying on any information contained in the Website or provided as part of Arbrix Services, or any decisions taken or not taken in reliance on such information, and whether due to any inaccuracy, error, or omission in the information, or any other cause; and/or
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| 6.4.3 |
losses that occur as a result of a breach which happened because of reasons beyond our reasonable control, such as an act of god, civil commotion or industrial dispute.
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| 6.5 |
You agree that material downloaded or otherwise accessed through the use of this Website or the Arbrix Services is obtained entirely at your own risk, and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data, even if Arbrix has been advised of the possibility of such damage.
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| 6.6 |
Except as set out in paragraph 6.1, in any event the maximum amount we will pay you in compensation is £500 in any twelve month period.
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| 6.7 |
Each provision of this paragraph 6 operates separately; if any part is held by a court of competent jurisdiction, to be unreasonable or inapplicable then the other parts shall still apply.
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| 7.0 |
Your Liability to Arbrix |
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7.1
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In this paragraph 7 a “Claim” shall mean all actions, suits, costs, claims, proceedings, demands, fines, damages, expenses and/or any other similar claims including all legal costs and/or other expenses relating thereto, and whether based in contract, tort or statutory law.
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7.2
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You agree to indemnify Arbrix and keep Arbrix fully indemnified against all Claims and damages or compensation paid by Arbrix to any third party as a result of any Claims (including damages or compensation paid by Arbrix to any third party on the advice of its legal advisers to compromise or settle any Claim) arising out of any breach by you of these Terms and Conditions, or any wilful misconduct, negligent act or omission by you, save to the extent such Claim arises directly as a result of any wilful misconduct, negligent act or omission or breach of these Terms and Conditions by Arbrix.
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| 8.0 |
Your Personal Information |
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Arbrix undertakes to only use any personal data you provide to us via the Website, in accordance with our Privacy Policy located at www.arbrix.org |
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| 9.0 |
Other Terms and Conditions |
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Please note the following: |
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9.1
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any failure or delay by either Arbrix or yourself to bring legal proceedings in relation to the Website and/or the Arbrix Services, shall not be regarded as a waiver of any rights. Indeed if Arbrix or yourself do in fact waive any such rights, this shall not be regarded to be a waiver of any other or future rights you or Arbrix may have;
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9.2
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if any paragraph, or part of any paragraph, of these Terms and Conditions is found by any Court, or other competent body to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, that part shall be deemed to be severable from these Terms and Conditions and the remaining provisions of these Terms and Conditions shall continue in full force and effect;
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| 9.3 |
these Terms and Conditions are not intended, nor shall they operate, to create a partnership or joint venture of any kind between Arbrix and you, and nor are you authorised to act as our agent;
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| 9.4 |
in relation to the contract between Arbrix and you, no other party shall be entitled to exercise any rights contained in it under the provisions of the Contracts (Rights of Third Parties) Act 1999;
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| 9.5 |
You may serve any formal notice on Arbrix, and Arbrix may serve a formal notice on you, by either first class post or email only, and it will be regarded as formally received by the other on the next day that is not a weekend or a bank holiday. Arbrix’s contact details are included on the website and
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| 9.6 |
The provision of the Website, the Arbrix Services and these Terms and Conditions are governed by English law, and the parties hereby submit to the exclusive jurisdiction of the English Courts in respect of any dispute or matter arising out of or in connection with these Terms and Conditions.
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If you are unclear about any of the above Terms and Conditions or you have any other questions please contact us.
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