Terms of Use

The Association for Project Safety (APS) Website Terms of Use

www.aps.org.uk

These Website Terms of Use are the terms upon which you (the 'User') are entitled to access and use the Association for Project Safety ('APS') website at www.aps.org.uk (the 'Site') and will continue in force until such time as either the User or the APS terminates this Agreement. Access to and use by the User of this Site constitutes acceptance by the User of these Website Terms of Use, which take effect from the date of first access to the Site.

PURPOSE OF THE SITE

The purpose of the Site is as an information-only website for the APS to provide information about its organisation, construction health and safety and the work of CDM Co-ordination, to its members and the wider public in general, including but not limited to providing information regarding events, exhibitions, talks, conferences, education programmes and news as well as facilitating contact between clients and APS Members. Additional functionality of the website includes receipt by the APS of information from users such as cpd booking forms, member information updates and other such forms on the Site.

Users can view the information provided via the Site and contact the APS via the Site with queries and requests for further information.

LEGAL COMPLIANCE DISCLAIMER

Whilst this Site may be accessed and viewed via the Internet throughout the World, the APS does not represent or warrant that the information on this Site or its operation complies with the regulatory regime of any country, other than Scotland where the APS is located. If the User accesses this Site from locations outside England the User does so on the User's own initiative and at the User's own risk. The User is responsible for compliance with local laws.

INTELLECTUAL PROPERTY RIGHTS

The User acknowledges and accepts that there may be drawings or photographs (copyright works) or other content or materials on the Site in which copyright, trade mark, patent, trade secret, or other proprietary rights ('Intellectual Property Rights') are owned by third parties and which are reproduced by permission of such third parties. The User may not copy any such copyright works or other third party materials or content without the permission of the relevant third party copyright owner.

Subject to this, the User acknowledges and agrees that all Intellectual Property Rights in the content and materials available on the Site vests in and are owned absolutely by the APS unless otherwise indicated, including in respect of or in connection with but not limited to the Site's design, text, graphics, its selection and arrangement, software and all other material on or in the Site.

© The Association for Project Safety, 2020. All rights reserved.

The Intellectual Property Rights in the trade mark the APS and the accompanying APS logos are the property of The Association for Project Safety.

The User may not copy, sell, rent, lease, license, sub-license, trade under, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any of the materials or content on this Site or any portion of this Site. Any unauthorised or restricted act in relation to the materials or content on this Site or any portion of this Site may result in civil proceedings and/or criminal prosecution.

PERMITTED USE

The User is authorised to view, print or download one copy of the materials or content on the Site on any single computer for the User's personal, non- commercial use, provided that any proprietary notices, marks, logos and other legends that appear on the copied screens remain on, and are not removed from, the printed or stored images of such screens.

This permission is subject to the material being reproduced accurately and not being used in a misleading context and does not extend to any material on this Site that is identified as being the copyright work(s) of a third party. The User may not modify any content or materials on this Site in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public purpose.

The User is authorised to browse the Site, join as a member of the APS, send queries and request further information from the APS and submit the User's contact details for a response, link to the APS shop websites and purchase articles subject to the relevant terms and conditions of sale, and view the Registers and directories of Members.

Where the User wishes to use the Site or any content or material on the Site for purposes other than that permitted above, the User must obtain the APS's prior written consent, or the consent of the relevant third party for third party content.

If the User breaches any of these Website Terms of Use, the User's authorisation to use this Site and the content and material on the Site automatically terminates and the User must immediately destroy any downloaded or printed materials.

UNAUTHORISED ACCESS BY THIRD PARTIES

It is possible that third parties (hackers) may access the Site and alter the Site's contents or place damaging materials or programmes on the Site, including but not limited to computer viruses, Trojan horses, worms, bots and other destructive digital elements. The APS will not be liable for any damage or loss arising out of or resulting from any such unauthorised access to, alteration to or modification of information contained on the Site or infection of the Site in this way.

In any event, it is the User's sole responsibility to take all protective measures to guard against computer viruses or other destructive elements.

THIRD PARTY LINKS, FRAMES AND PORTALS

The Site incorporates links to other websites, frames and portals ('Third Party Sites') designed, maintained and operated by third parties. The APS has not reviewed the Third Party Sites which are provided for the User's convenience only, and the APS is not responsible for the content or availability of these Third Party Sites. If the User decides to use a link to a Third Party Site the User will leave the Site and the User will do so at the User's own risk.

Links to Third Party Sites do not imply that the APS endorses, is affiliated or associated with, or is legally authorised to use any trade mark, trade name, logo or copyright work displayed in or accessible through the Third Party Sites or that any linked site is authorised to use any trade mark, trade name, logo or copyright of the APS.

THIRD PARTY CONTENT USE

The User must obtain authorisation to reproduce third party material, including material on the Site and material accessible via any Third Party Site, from the relevant third parties concerned.

The User must not permanently store or otherwise copy any such third party content or materials for wider distribution or commercial gain, without the express permission of the relevant third party. The APS will not be responsible for obtaining such permission for the User.

LIMITATION OF LIABILITY

In no event will the APS be liable to the User whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the User's use of the Site, including without limitation: loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information, and/or downtime.

For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.

Nothing shall exclude or restrict the APS's liability for fraudulent misrepresentation and/or for death or personal injury arising as a result of the APS negligence.

INFORMATION DISCLAIMER

The information provided on the Site by the APS is intended to be informative only and is not a substitute for legal or other professional advice or intended to be relied upon. You should consult an appropriate professional for specific advice tailored to your situation. By accessing and using the Site the User acknowledges that any reliance upon any information obtained or received via the Site will be at the User's sole risk.

The APS provides the information on this Site without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

The APS does not warrant that the functions of this Site will be uninterrupted or error free, that defects will be corrected or that this Site or the servers that make it available are free of viruses or other destructive digital elements.

PRIVACY POLICY

Preservation of the User's privacy is very important to the APS. The APS is committed to protecting the rights of users in relation to personal information and confirm that all personal information submitted by the User to the Site will be processed in accordance with the principles of the Data Protection Act 1998 under the APS's Privacy Policy accessible via the Site. Links to Third Party Sites provided on this Site are not covered by the APS's Privacy Policy and when visiting such Third Party Sites the User should check the privacy statements of each site that they visit.

For the purposes of the Data Protection Act 1998 the APS confirms that the proprietor of this Site is the Association for Project Safety, 5 New Mart Place, Edinburgh, EH14 1RW, United Kingdom. The Association for Project Safety is registered with the Office of the Information Commissioner under registration number Z1285552.

THE PADLOCK SYMBOL

The Padlock symbol is used on the Site, for example when the User logs in to the APS members area, to alert users to the fact that their information, including their personal information, is being collected and processed. By clicking onto the padlock symbol the User will be directed to sources which will clearly explain how the information is to be used.

SITE USAGE INFORMATION - LOG FILES

Log files allow the APS to record visitors' use of the Site. The APS compiles log file information from all visits by users to the Site and use that information to make changes to the layout of the Site and to the information in the Site based on the way visitors move around the Site. Log files do not contain any personal information.

FEEDBACK

The User's feedback is valuable to the APS and will allow the APS to serve the User better. The User's views on what the APS is doing and how the APS could make things better are important to the APS.

If the User has any comments, suggestions or complaints the APS would be delighted to hear from the User. Please direct comments or concerns to APS on 0131 442 6600 or via email to info@aps.org.uk.

COMMUNICATION

Communications in connection with these Website Terms of Use and the Site may be by way of letter posted to Association for Project Safety, 5 New Mart Place, Edinburgh, EH14 1RW, United Kingdom or email to info@aps.org.uk. For ease of use and compatibility the APS will not encrypt emails, except those relating to payments, unless the User expressly asks the APS to do so. In the event that the User would like the APS to encrypt e-mails sent to the User, please provide the APS with the necessary certification to enable the APS to do so. E-mail, unless encrypted, is not a fully secure means of communication.

CHANGES

The APS prides itself in keeping up-to-date with advances in technology and legal developments. As these areas are ever changing, the APS recommends that the User refers to this area of the Site on a regular basis in order to ensure that the User is aware of the APS's most recent Website Terms of Use, the APS's Privacy Policy and other policies.

The APS reserves the right to modify, add to or change these Website Terms of Use, the APS's Privacy Policy, and any other policies at any time without notice. Any such modifications, additions or changes will be effective immediately on being posted to the Site. Continued use of the Site after a modification, addition or change has been made is the User's acceptance of the modification, addition or change.

GENERAL

The User may not assign, sub-license or otherwise transfer any of the User's rights or obligations under these Website Terms of Use. The APS reserves the right to assign, sub-license or transfer any of the APS's obligations under these Website Terms of Use to a third party.

These Website Terms of Use will not be varied except in writing by the APS.

Any breach of these Website Terms of Use will entitle the APS to immediately terminate the User's use of the Site without notice.

If any provision in these Website Terms of Use is found to be invalid or unenforceable by any authority having competent jurisdiction, such invalidity or unenforceability will not affect the validity of the remaining provisions of these Website Terms of Use, which will remain in full force and effect.

Failure by either party to insist upon strict performance of any provision of these Website Terms of Use, or the failure by either party to exercise any right or remedy to which it is entitled under these Website Terms of Use will not constitute a waiver of that right or remedy and will not cause a diminution of the obligations established under these Website Terms of Use.

Headings in these Website Terms of Use are for convenience only and will have no legal meaning or effect.

GOVERNING LAW

These Website Terms of Use will be governed by Scottish law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.

The APS reserves the right to bring proceedings in the courts of the country of the User's residence or that of the User's principal place of business at the APS's discretion.