TERMS & CONDITIONS THE ENGINEERING WORKPLACE LTD & ENGINEERING.CO.UK PRIVACY & DATA PROTECTION POLICY, TERMS OF USE VERSION 2 : April 2001 © Copyright PRIVACY & DATA PROTECTION Member contact and registration details are stored in compliance with the Data Protection Act 1998.These details are stored in order for The Engineering Workplace Ltd to provide the necessary information services to the member. Member information, with the exception of email addresses, is only displayed if a member has subscribed to one of the published products or services (Eg. Buyers Board Directory Entry or Advert). In this event the information is used to inform interested business parties of the members business products and services (email addresses are not displayed on a Buyers Board Directory Entry). This information is based on the details provided upon registration and thus contained within the 'My Account' details section as maintained by the member themselves. The Engineering Workplace does not take any responsibility for the accuracy of this information. Email addresses are only displayed in very specific curcumstances and only when authorised. The Engineering Workplace Ltd will also use all this information to assess what other products and services may be of interest to you and to personalise the service we provide. If you agree, either when you register or at a later date, The Engineering Workplace Ltd may contact you about its other services by mail, fax, email (and in certain limited circumstances by telephone) from time to time. You can change your mind about such contact at any time by letting us know in writing. The information described above may also be retained and used by The Engineering Workplace Ltd after you cease to be a customer, in the event the company (The Engineering Workplace Ltd) is sold to a third party. In some instances, we may pass information to third parties involved in the relevant service. You will know if such a transfer of your information happens, except if the third parties are simply working on our behalf as administrators (such as companies that process credit card payments). We do, however, seek to impose restrictions on our affiliates and contracting parties with the aim of protecting your personal data. The law allows you to see and correct data held about you. In certain circumstances this access is subject to a fee. You can update your registration details on line. Questions about our privacy policy or any data we hold about you should be addressed to privacy@engineering.co.uk. TERMS OF USE Please read these Terms carefully before you register to use The Engineering Workplace Ltd Service. YOU WILL BE LEGALLY BOUND BY THESE TERMS WHEN THE ENGINEERING WORKPLACE LTD ACCEPTS YOUR REGISTRATION COMPLETED AS REQUIRED BELOW. Definitions are set out at the end of these Terms. USE OF THE SERVICE: The Engineering Workplace Ltd grants you a world-wide non-exclusive and non-transferable right to access the Service and the Site and to view the Information subject to these Terms. You will not : 1) use the Service in breach of these Terms, any applicable laws, regulations or market conventions and will be responsible for obtaining and maintaining all necessary consents and licenses and for making all filings necessary to receive or use the Service, 2) transmit, post or encourage: a) threatening, abusive, defamatory, illegal, obscene or otherwise objectionable material; b) advertising or marketing material unless by prior consent; c) chainmails, malicious software code or any bulky or disruptive attachments or graphics of a nature which may cause problems to other Users; d) unauthorised investment advice or financial promotions; or use a false address or name; or 3) otherwise deceive other Users. You must comply with any specific rules in relation to interactive forums such as chat rooms and any code(s) of conduct/etiquette published in relation to the Service. INTERACTIVE PAGES: The Engineering Workplace Ltd does not monitor material on or sent via the Service and The Engineering Workplace Ltd accepts no responsibility or liability for its contents. Comments and opinions in interactive forums are those of the individual users, not of The Engineering Workplace Ltd. The Engineering Workplace Ltd does not act as editor of any of the information in the interactive forums and information in them and it is not verified and The Engineering Workplace Ltd does not represent its accuracy. You rely on it at your own risk. You are solely responsible for the contents of all material, which you post. You agree that The Engineering Workplace Ltd may, at its sole discretion, remove or block information you post on interactive forums if it believes you have breached these Terms or for other justifiable reasons, for example, for reasons of presentation, space or if the Information is out of date. You also agree that if you post material via the interactive forums The Engineering Workplace Ltd may republish it (including in other parts of its sites or products) for example to encourage use of this Service and other The Engineering Workplace Ltd services. The Engineering Workplace Ltd will only republish material in context and will, so far as practicable, credit you as author and will act with appropriate respect and discretion. You understand that your use of this Service may immediately terminate if you breach these rules on interactive pages. You will indemnify and hold The Engineering Workplace Ltd harmless against all and any claims, costs, damages and losses (including reasonable legal fees) arising out of or connected to your such breach. LIMITATIONS ON USE: The Information may only be reproduced when downloaded and viewed by you for your individual use only. You must not reuse the Information in any other way including redistributing it. You must not allow any third party to (a) use your password or (b) use the Service in any manner. On termination of these Terms, your rights to use the Information and the Service cease. DATA PROTECTION/PRIVACY/COMMUNICATIONS: Your agree that your details will be used as set out in the Privacy Notice. If your registration data is inaccurate you must update your registration profile. PROPRIETARY RIGHTS: All intellectual property rights in the Service and the Information, including without limitation copyright and database rights, shall remain the property of The Engineering Workplace Ltd or its licensors. You will not remove, conceal or amend any copyright, trademark or other proprietary notice incorporated in the Service. You will not acquire any intellectual property rights in the Service or Information and you agree to comply with notices bringing such rights to your attention and all relevant laws relating to such rights. Any infringement of The Engineering Workplace Ltd rights may result in legal action. THIRD PARTY RIGHTS: You acknowledge that third party information providers may have rights in the Information which they supply and that an information provider or another member of The Engineering Workplace Ltd. group of companies may be a third party beneficiary of these Terms (including, without limitation, any warranty, disclaimer or limitation of liability) with the right to enforce and enjoy the protection of these Terms in their own name. The Engineering Workplace Ltd can however change or terminate these Terms without the consent of the information providers or other members of The Engineering Workplace Ltd of companies. Apart from these provisions, a person who is not a party to the agreement formed by these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms. You agree to comply with any reasonable restrictions or conditions imposed on the use and access of Information imposed by the relevant third party information provider in order to protect such third party's legitimate interests. These may be notified to you by The Engineering Workplace Ltd or by such third party information provider. If any restriction or conditions imposed after your acceptance of these Terms substantially reduces your ability to use the Service, you may terminate these Terms with effect from the first day of the next Billing Cycle. You may be required to enter into a separate agreement with a third-party information provider in order to receive a Service which contains such content. FEES: You will be responsible for the payment of all online charges and for the communication facilities which enable you to access the Service. The Engineering Workplace Ltd may adjust or change the basis of calculation of the Fees by giving you notice on or before the commencement of your next Billing Cycle. Such change will be effective on the first day of the next Billing Cycle. Following notice of an increase in the Fees, you may terminate your access to the Service. Termination of your access to the Service will take effect on the first day of the next Billing Cycle. The Engineering Workplace Ltd will use reasonable endeavors to provide reasonable notice of any change to Fees which relate to fees imposed by a third party but you agree that these may change without notice if a change is imposed on The Engineering Workplace Ltd by any such third party. The Engineering Workplace Ltd shall be entitled to charge you interest at 1% per month or the maximum allowed by law (whichever shall be the lower) on any overdue Fees. PAYMENT: Payment for the Service shall be in accordance with the procedures set out on the Billing Information. You acknowledge that you have read and understood these provisions and agree to be bound by them. PASSWORD: You agree to keep your password confidential and not to assign, share, sell, barter, transfer or exchange your password. If you learn or suspect that your password has been obtained by another person, you must promptly notify The Engineering Workplace Ltd by using "Contact Us". You must then alter your password. Any attempt to access any part of the Site which requires a password without the required password and/or payment of the Fees is unlawful and could result in criminal and/or civil penalties. The Engineering Workplace Ltd may change passwords on notice to you for security reasons. DURATION: These Terms will take effect from the date on which The Engineering Workplace Ltd accepts your registration details and notifies you that you are permissioned for the Service. TERMINATION: You may terminate these Terms at any time during a Billing Cycle. Your notice of cancellation will be effective from the first day of the next Billing Cycle. The Engineering Workplace Ltd may terminate or suspend your access to the Site, or a Service or any part, immediately if you are in material breach of any of these Terms and you fail to remedy such breach (if capable of remedy) within 14 days of The Engineering Workplace Ltd requesting that you do so or if your employer tells The Engineering Workplace Ltd it wishes your access to be terminated or suspended. Failure to make payment of the Fees when due constitutes a material breach of these Terms. The Engineering Workplace Ltd may also terminate or suspend your access to a directory if you cease to have an eligible email address or if any related Service is ended. The Engineering Workplace Ltd may without notice suspend yours or everyone's access to the Service, for security reasons or where it is reasonable to do so to protect its or another's legitimate interests. FORM AND CONTENT: The Engineering Workplace Ltd retains control over the form and content of the Service. The Engineering Workplace Ltd may modify or cancel the Service or part of the Service. The Engineering Workplace Ltd shall use reasonable endeavors to give you a minimum of 30 days notice of a material modification or cancellation. However, you recognize that where the modification or cancellation is imposed by a third party information provider, then The Engineering Workplace Ltd may be required to give you less notice of a change or modification. If The Engineering Workplace Ltd cancels or substantially modifies the Service or part of the Service, you may terminate your access to the Service with effect from the first day next Billing Cycle. WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER THE ENGINEERING WORKPLACE LTD, NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY INFORMATION PROVIDERS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR HAVE 100% UPTIME NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF THE CONTENT OR ANY INFORMATION PROVIDED THROUGH THE SERVICE. You are reminded that the Internet is publicly accessible and liable to failure and delays and therefore The Engineering Workplace Ltd cannot guarantee the arrival of messages over the internet, nor the security of The Engineering Workplace Ltd services that use the internet. The Engineering Workplace Ltd is not responsible for any third party software being used by you in relation to this Services where The Engineering Workplace Ltd does not itself directly provide such third party software to you. The Engineering Workplace Ltd is not liable for matters beyond its reasonable control, such as problems with telecommunications networks, computer viruses, unauthorised access or the security of your network. THE SERVICE IS PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR AGAINST INFRINGEMENT, WARRANTIES OF TITLE OR IMPLIED WARRANTIES (BY LAW OR OTHERWISE) OF MERCHANTABLIITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY THE LAWS APPLICABLE TO THESE TERMS, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LABOR DISPUTE, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR AN AUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF A RECORD, OR ACT OF GOD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. TO THE EXTENT PERMITTED BY LAWS APPLICABLE TO THESE TERMS, IN NO EVENT SHALL THE ENGINEERING WORKPLACE LTD OR ANY OF ITS AFFILIATES, AGENTS OR THIRD PARTY INFORMATION PROVIDERS BE LIABLE FOR: (a) ANY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF YOUR DATA, ECONOMIC LOSS OR LOST PROFITS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE UNLESS CAUSED BY THE ENGINEERING WORKPLACE LTD NEGLIGENCE OR WILFULL MISCONDUCT (IN WHICH CASE THE LIABILITY SHALL NOT EXCEED 12 MONTHS SERVICE FEES OR IF THE SERVICE IS FREE OF CHARGE £1000 IN TOTAL FOR EACH SERIES OF CONNECTED EVENTS OR £2000 IN ANY 12 MONTHS); OR (b) ANY LOSS WHICH IS NOT REASONABLY FORESEEABLE HOWSOEVER CAUSED EVALUATION PERIODS: In some circumstances The Engineering Workplace Ltd may make the Service or any part available to you on an evaluation or pilot basis. You will be alerted to this by statements contained on the relevant pages on the Site. In these circumstances, The Engineering Workplace Ltd specifically alerts you to the fact that outages may occur, content changes may occur and/or navigation may be discontinued. The Engineering Workplace Ltd does not guarantee that a final Service based on the evaluation Service will be released or that it will be the same or similar to the evaluation or pilot Service. DOWNLOADS: YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR COMPUTER ENVIRONMENT IS PROPERLY PREPARED TO RECEIVE ANY DOWNLOAD OF SOFTWARE FROM THE SITE. THE ENGINEERING WORKPLACE LTD DOES NOT GUARANTEE THAT ANY SOFTWARE WILL PERFORM SATISFACTORILY WITH ANY HARDWARE OR SOFTWARE USED BY YOU. YOU AGREE THAT THE ENGINEERING WORKPLACE LTD WILL NOT BE RESPONSIBLE FOR ANY REDUCED PERFORMANCE OF ANY SERVICE OR LOSS (INCLUDING LOSS OF DATA) OR DAMAGE WHICH IS DUE TO YOUR ADDING TO OR ACCESSING ANY SOFTWARE DOWNLOADED FROM THE SITE IN CONJUNCTION WITH ANY SYSTEM, SOFTWARE, DATA OR EQUIPMENT. YOU WARRANT AND REPRESENT THAT (A) IN ACCESSING AND USING THE SERVICE YOU ARE DOING SO IN THE COURSE OF AND FURTHERANCE OF YOUR BUSINESS AND THAT THE SERVICE WILL NOT BE USED FOR ANY NON-BUSINESS PURPOSE AND (B) THAT THE DETAILS PROVIDED BY YOU AS PART OF THE REGISTRATION PROCESS ARE AND WILL CONTINUE TO BE ACCURATE. YOU INDEMNIFY THE ENGINEERING WORKPLACE LTD FOR ANY LOSSES, COSTS, CLAIMS OR EXPENSES IT SUFFERS AS A RESULT OF YOUR BREACH OF THESE TERMS. HYPERLINKS: You may, through hypertext or other computer "links", gain access to other sites which are not part of this Site. The Engineering Workplace Ltd assumes no responsibility or liability for any material outside of the Site which may be accessed through any such "link". The provision by The Engineering Workplace Ltd of a link to another site does not constitute an authorization by The Engineering Workplace Ltd to access materials at that site or an endorsement by The Engineering Workplace Ltd of any such material. GOVERNING LAW AND JURISDICTION: THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ENGLISH LAW AND BOTH PARTIES SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS. ALL ACTIONS MUST BE HELD AT GUILDFORD COUNTY COURT. EXPORT: You agree to fully comply with all applicable laws and export regulations. Permanent or temporary residents of the following embargoed countries are not entitled to register for or access the Service: Cuba; Iran; Iraq; Libya; North Korea; Serbia; Sudan and Syria. The Engineering Workplace Ltd may terminate these Terms with immediate effect if you breach these provisions. GENERAL: (a) To the extent permitted by laws applicable to these Terms, these Terms, the codes of conduct/Etiquette and rules on the Site and the The Engineering Workplace Ltd.Net Service terms of use and any statements in respect of test or evaluation periods represent the final, entire and exclusive agreement between you and The Engineering Workplace Ltd relating to the Service and supersede all other prior agreements or understandings relating to the Service. (b) Delay or failure by either party in enforcing these Terms at any time will not constitute a waiver by that party of its rights or remedies. (c) The Engineering Workplace Ltd may modify any of these Terms at any time by notifying you of any changes by email. Any such changes will be effective from 24 hours after emailing by The Engineering Workplace Ltd. You may terminate these Terms by notice to The Engineering Workplace Ltd if the modification results in a substantial change to your ability to use the Service with effect from the first day of the next Billing Cycle. (d) If any part of these Terms is held to be invalid or unenforceable, the validity or enforceability of the remainder will not be affected. (e) You may not assign any of your rights and obligations under these Terms or any part of it and any assignment made by you shall be ineffective. You agree that The Engineering Workplace Ltd may assign any or all of its rights and obligations to a member of the The Engineering Workplace Ltd of companies with your consent not to be unreasonably withheld. You are deemed to have consented to the assignment if you do not notify us to the contrary within 30 days of our notice to you. (e) If your address is an address located in Switzerland, The Engineering Workplace Ltd will provide you with a hard copy invoice in addition to your electronic invoice which will show any value added tax which has been added pursuant to relevant legislation. If your address is outside Switzerland, then you will receive an electronic invoice from The Engineering Workplace Ltd and you will be responsible for accounting for any tax which may be due to the relevant authorities. (f) Any e-mail which The Engineering Workplace Ltd sends you in respect of the Service shall be deemed effective within 24 hours. INFORMATION AND SUPPORT: The Engineering Workplace Ltd provides certain information and support in respect of the Service as detailed in this section. You may notify The Engineering Workplace Ltd of your support questions or other comments (including any complaints about contact you receive via the The Engineering Workplace Ltd.Net Service or others' breaches of these Terms) by the "Contact Us" section of this Site and The Engineering Workplace Ltd shall respond as soon as is reasonably practicable. DEFINITIONS: Billing Cycle means each service period commencing on the date The Engineering Workplace Ltd accepts your payment and notifies you that you are permissioned for the Service. Directory means a directory of Users. Fees means the fees charged by The Engineering Workplace Ltd from time to time for the supply of the Service. Information means all and any information and other content, whether static or changing, which is provided by The Engineering Workplace Ltd as part of the The Engineering Workplace Ltd Service. The Engineering Workplace Ltd means The Engineering Workplace Ltd whose principal postal address is The Liphook Office, 2 Griggs Farm Court, Longmoor Road, Liphook, Hampshire, GU30 7NU, United Kingdom. Site means the Service home page and accompanying pages. Service means any The Engineering Workplace Ltd Service, including The Engineering Workplace Ltd and affiliated domain names and the Information in the Service. Terms means these terms and conditions as may be amended from time to time. Users means users of the Services. CONFIRMATION OF ACCEPTANCE: PLEASE CONFIRM YOUR ACCEPTANCE OF THESE TERMS BY SELECTING "I have read and Agree to the TERMS & CONDITIONS." ON THE REGISTRATION FORM. BY SO DOING, YOU WILL BE LEGALLY BOUND BY THESE TERMS WHEN THE ENGINEERING WORKPLACE LTD ACCEPTS YOUR REGISTRATION DETAILS AND A PASSWORD IS ISSUED TO YOU. YOU WARRANT AND REPRESENT THAT BY SELECTING "I have read and Agree to the TERMS & CONDITIONS." YOU HAVE (1) ALL NECESSARY RIGHTS AND AUTHORISATIONS TO BE LEGALLY BOUND BY THESE TERMS (2) THAT YOU ARE OVER 18 YEARS OLD AND (3) YOU ARE ENTERING INTO THESE TERMS IN YOUR PROFESSIONAL OR BUSINESS CAPACITY AND IT IS NOT YOUR INTENTION TO USE THE SERVICES FOR A NON-BUSINESS PURPOSE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT REGISTER. Printer friendly version

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