Sustainability Works website and software application Terms and Conditions
The Website and software application is operated by Sustainability Works Services Ltd in conjunction with their commissioned partners and subcontractors (referred to as "SWS Ltd/we/us/our").
As a user of the Website and/or the Sustainability Works software application (referred to as "you/your") you acknowledge that any use of the Website and/or the Sustainability Works software application is subject to our terms and conditions below (referred to as the "Conditions").
DEFINITIONS
- “Sustainability Works software application” means the Sustainability Works software application including the reference database, policy writer, project writer and standards check;
- “Payment” means the payment by a User to Sustainability Works Services Ltd in relation to the Sustainability Works software application;
- “Payment Date” means the date of receipt by Sustainability Works Services Ltd of a Purchase Order from a User if the payment is to be made by cheque or a BACS transfer;
- “Personal Information” means any personal details provided to us by a User in relation to the Sustainability Works software application;
- “User” means a user of the Sustainability Works software application;
- “Website” means the website located at the URL www.sustainabilityworks.org.uk on which the Sustainability Works software application is hosted or located at any other URL which Sustainability Works Services Ltd may decide to use from time to time.
- “Reference Database” means the part of the software application comprising the database of background information on the 8 topic areas
- “Policy Writer” means the part of the software application which allows users to input their own specific information on policy and save it to the database and/or print out reports
- “Project Writer” means the part of the software application which allows users to input their own specific information on their own projects and save it to the database and/or print out reports
- “Standards Check” means the part of the software application which allows users to generate an EcoHomes rating prediction, a Sustainability Toolkit report and a Housing Quality Indicator report and save it to the database and/or print out reports
- “Licence Package” means the annual licence package selected and purchased by the user at the time when they registered to the Sustainability Works website and software application
1. SUSTAINABILITY WORKS SOFTWARE APPLICATION
1.1 Please see the Licences and Registration section on the Website for information on how to apply to use the Sustainability Works software application.
1.2 We reserve the right to change the Conditions from time to time. Any such changes will take effect when posted on the Website and it is your responsibility to read the Conditions on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Conditions.
2. PAYMENT
2.1 Details of our current fees and methods of Payment are available on the Website.
2.2 Payment must be made within 21 working days of the date of the invoice (the 21st such day being the "Due Date"). Payment must then be made by a cheque or BACS transfer, payable to the Sustainability Works Services Ltd, sent to 11-29 Fashion Street, London E1 6PX. Late payments will accrue interest at 4% over Co-op bank plc base rate from the Due Date to the date of Payment. Access to the software application shall be withdrawn on the Due Date unless full payment is received.
2.4 All Payments made are inclusive of VAT and shall be made in full without deduction or withholding.
3. LICENCE PACKAGE DETAILS
3.1 Solo licence package: registration and payment for a solo licence package permits the use of the Sustainability Works website and software application by one user only for the period of one calendar year from the date of registration.
3.2 Small Business package: registration and payment for a small business licence package permits the use of the Sustainability Works website and software application by five individual users for the period of one calendar year from the date of registration of the first user/administrator . The first user to register for a small business package will become the administrator and will be responsible for supervising and ensuring the registration of the other four users to the Sustainability Works website and software application
3.3 Corporate package: registration and payment for a corporate licence package permits the use of the Sustainability Works website and software application by six or more individual users for the period of one calendar year from the date of registration of the first user/administrator . The first user to register for a corporate package will become the administrator and will be responsible for supervising and ensuring the registration of the other users to the Sustainability Works website and software application
4. YOUR OBLIGATIONS
In using the Sustainability Works Software application you agree:
4.1 not to upload or transmit to the Website and/or software application any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
4.2 not to upload or transmit any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
4.3 not to cause the Website and/or software application to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
4.4 not to infringe the intellectual property rights or rights of confidence of any third party;
4.5 not to attempt any unauthorised access to any part or component of the Website and/or the Sustainability Works software application;
4.6 not to allow any unauthorised third party directly or indirectly to use or access the Sustainability Works software application; and
4.7 to provide true, accurate, correct and complete information when you register as a User of the Sustainability Works software application and information which to the best of your knowledge is accurate and correct when completing any Questionnaire.
5. YOUR DATA
5.1 With respect to your Personal Information, please view our privacy policy on our Website, which forms part of these Conditions. Sustainability Works Services Ltd is registered under the Data Protection Act (1998) and is committed to maintaining your personal information in a manner which meets the requirements of that act.
5.2 You agree that we may share non-Personal Information obtained from the software application with our Steering Group and our research partners and that we may publish aggregated information arising from the content provided in the software application.
6 INDEMNITY AND LIABILITY
6.1 We will use our reasonable endeavours to verify the accuracy of any information on the Website and in software application but make no representation or warranty of any kind regarding the contents or availability of the Sustainability Works website and/or software application or that it will be timely or error-free, that defects will be corrected, or that the Website or the server are free of viruses or bugs. You will not be eligible for any compensation if you cannot use any part of the Sustainability Works website and/or software application or because of a failure, suspension or withdrawal of all or part of the Sustainability Works website and software application due to circumstances beyond our control.
6.2 You shall not rely upon information included in the Sustainability Works website and/or software application and shall use it at your own risk and we shall not be liable to you for any loss arising directly or indirectly from any use or reliance by you on information included in any aspect of the Sustainability Works software application (including the Reports generated in policy writer, project writer and standards check). Accordingly, all warranties, representations, guarantees, conditions and terms whether express or implied by statute, common law, trade usage or otherwise and whether written or oral are hereby expressly excluded to the fullest extent possible by law.
6.3 You agree that neither Sustainability Works Services Ltd nor any other person involved in the Sustainability Works software application shall be liable for any direct, indirect, consequential or incidental loss or damage arising from or relating to the Sustainability Works website and/or software application.
6.4 You shall be responsible for keeping your own copies of all content produced by you (if any) in connection with the Sustainability Works software application. We will not be responsible for any file recovery or files lost by you.
6.5 You agree to indemnify us, or any subsidiary or holding company (as defined in section 736 and 736A of the Companies Act 1985) of ours and our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the Sustainability Works software application, including in relation to any infringement of any third party intellectual property rights by you. You shall not enter into any settlement or compromise of any such claim or action without our prior written consent. We may, at our sole discretion, assume and control the defence of such claim or action.
7. INTELLECTUAL PROPERTY
You acknowledge and agree that as between Sustainability Works Services Ltd and you all intellectual property rights existing in or relating to the Sustainability Works website and/or software application shall belong to Sustainability Works Services Ltd and Wire Design Ltd .
8. COPYRIGHT
In all cases, copyright remains in the name of the author(s) and or original publisher. Except as otherwise indicated elsewhere on the website and software application, you are free to view, download and print the documents and information available on this website and software application subject to the following conditions:
- The content is made available for individual use only
- Content may not be otherwise reproduced or published without permission from the authors and/or publishers
- You may not remove any copyright or other proprietary notices contained in the documents and information on this Site.
- The rights granted to you constitute a license and not a transfer of title.
Users are encouraged to obtain their own copies of source publications where possible.
The rights specified above to view, download and print the documents and information available on this website and software application are not applicable to the graphical elements, design or layout of this website and software application. These elements of the website and software application are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
9. THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
10. MONITORING
We have the right, but not the obligation, to monitor any activity and content associated with the Sustainability Works website and software application. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access to the Website and software application and/or removing any materials from the Sustainability Works software application).
11. ASSIGNMENT AND SUB-LICENSING
You shall not license, transfer or assign any of your rights or obligations in relation to the Sustainability Works software application to any third party unless agreed upon in writing by Sustainability Works Services Ltd.
12. NOTICES
In respect of any notices, you shall give notice to us in writing to the contact details and by one of the methods of contact listed on the website. We shall give notice to you in writing to the contact details provided to us by you on registration.
13. SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
14. WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
15. ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions.
16. LAW
The Conditions will be governed by and construed exclusively in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.