Acceptable Use

Fri April 26 2024

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Terms of Website Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms tell you the rules for using our website theconstructionindex.co.uk (our site) including our Directory and Search Engine.

1. Who we are and how to contact us

theconstructionindex.co.uk is a site operated by The Construction Index Limited ("We"). We are registered in England and Wales under company number 06177490 and have our registered office and main trading address at 85d High Street, March, Cambridgeshire, PE15 9LB. Our VAT number is 907 8296 90.

We are a limited company.

To contact us, please email enquiries@theconstructionindex.co.uk or telephone our sales line on 03333 582 002.

2. By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

3. There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy (https://www.theconstructionindex.co.uk/privacy/), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

· Our Acceptable Use Policy, which sets out the permitted users and prohibited users of out site. When using our site, you must comply with this Acceptable Use Policy.

· Our Cookie Policy (https://www.theconstructionindex.co.uk/cookies/), which sets out information about the cookies on our site.

If you purchase goods or services from us via our site, our separate Terms and conditions of supply will apply to those sales.

4. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

5. We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities or for any other reason.

6. We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7. You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

8. How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Your use of our site is subject to our Acceptable Use Policy which are incorporated in these terms and conditions.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You are not allowed to create a database in electronic or paper from comprising all or part of the material appearing on our site without our express consent.

9. Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

10. We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

11. Third party advertising

Our site contains advertising material submitted by third parties. Each individual advertiser is solely responsible for the content of its own advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

12. User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

We accept no liability in respect of any content submitted by users and published by us or authorised by third parties.

If you wish to complain about information and materials uploaded by other users please contact us.

13. Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights to your content, but you are required to grant us and other users of our site a licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

14. Third party transactions

We do not represent any third parties in respect of any third party transactions which may take place between third party advertisers or users of our site. We do not charge any commission for any such transactions. We do not control and are not responsible or liable for the quality, safety, lawfulness or availability of the products or services offered for sale on our site, or for the ability of any third party to complete a sale or purchase or otherwise. In the event that any user has a dispute with any party to a transaction, such user agrees to release and indemnify us, our agents, officers, directors and employees from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

15. Recruitment Advertising

Any user of the site who uploads any job advertisement and who is either an employment agency or employment business (as defined by the Employment Agencies Act (1973)(“the Act”) must ensure that such advertisement/s comply with their obligations under the Act and the Conduct of Employment Agencies and Employment Business Regulations 2004. All job advertisements must comply with the requirements of the Equality Act 2010.

We do not guarantee any response to recruitment related advertisements or that those responses will be from individuals suitable for the job advertised. It is the advertisers responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised.

Anyone who uploads or posts a job advertisement on our site shall indemnify us from an against any claim brought against us in relation to that advertisement.

16. Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us an unconditional, irrevocable, perpetual, world-wide, non-exclusive, royalty-free, transferrable licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit, that content in any format and on any platform, in connection with the service provided by the website.

17. Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our separate Terms and conditions of supply.

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or

• use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

18. We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

19. Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact enquiries@theconstructionindex.co.uk.

20. Which country's laws apply to any disputes?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.