Conditions of Use

1. Introduction

Welcome to the website of Structural Engineers Registration Limited (SER Ltd). To use the website Users must accept these Terms which should be read carefully. These Terms represent a binding contract between SER Ltd and the User. If the User does not wish to be bound by these Terms the User should not accept these terms.

2. Definitions

2.1 In this Agreement the following terms shall unless the context otherwise requires have (whether with or without the definite article) the following meanings:

Term	Meaning
"Accept"	To use the website and thereby to consent to be bound by these Terms
"BSD" or "Building Standards Division"	An executive agency of the Scottish Executive set up to undertake the national functions relating to building standards, and their website with URL http://www.gov.scot/Topics/Built-Environment/Building/Building-standards
"Content"	Information, software, photographs, video, graphics, music, sound and other material that appears on the Website
"Intellectual Property Rights"	Throughout the world all copyrights, database rights, trade marks, trade names, patents and other intellectual property or industrial property rights created, developed and subsisting
"SER Ltd" or "Structural Engineers Registration Limited"	Structural Engineers Registration Limited, a company with Company No. 5251866 and whose registered office is at 47-58 Bastwick Street, London, EC1V 3PS
"Page"	A page of the website
"PDF"	Portable Document Format
"PDPs"	Potentially destructive, contaminating or harmful programmes or components such as, but not limited to, worms, trojan horses and viruses
"Registered User"	A User who is a member of the Scheme
"Server"	The server used by SER Ltd to host the website
"these Terms"	The terms and conditions of this Agreement
"User"	The individual, business (including any sole trader, partnership, limited company or other organisation or person) that uses the website
"User's Equipment"	The User's own computer equipment, telecommunications dial-up connection, software, any telecommunication services and communications lines (including any public lines) required by the User properly to access and use the website
"Website"	The website with URL http://www.ser-ltd.com or such other URL or URLs as SER Ltd may in its sole discretion from time to time decide by means of which SER Ltd may provide access to the website
"Writing"	A written communication by fax, email, or post

2.2. Reference to any statute or statutory provision includes a reference to:

• that statute or statutory provision as from time to time amended, extended, re-enacted or consolidated; and
• all statutory instruments or orders made pursuant to it.

Words denoting the singular number only shall include the plural and vice versa. Words denoting any gender shall denote all genders and words denoting persons shall include firms and corporations and vice versa.

Unless the context otherwise requires reference to any clause, sub-clause or schedule is to a clause, sub-clause or schedule (as the case may be) of or to this agreement.

The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of this Agreement.

3. Commencement of Agreement

3.1. This Agreement shall be effective from the time that the User first accepts these Terms and shall remain in force until or unless terminated under these Terms.

4. Terms Applicable

4.1. In consideration for SER Ltd providing all or part of the website the User agrees to be bound by these Terms.

4.2. SER Ltd may vary these Terms at any time; such variations shall become effective immediately upon the posting of the modified Terms on the website or notification to the User. By continuing to use the website following any such variation the User shall be deemed to accept such variation.

5. Use of the Website by the User

5.1. The User shall be responsible for obtaining and maintaining the User's Equipment. SER Ltd has no responsibility or liability with respect to the User's Equipment.

5.2. The User shall ensure at all times that its use of any part of the website is in accordance with all applicable data protection and other laws, licences, codes of practice and regulations.

5.3. SER Ltd shall be entitled to suspend at its sole discretion the whole or any part of the website for any reason whatsoever. For the avoidance of doubt, SER Ltd shall not be liable to the User for any loss whatsoever arising from such a suspension.

5.4. The User acknowledges that despite SER Ltd taking reasonable precautions it is still possible that PDPs may be transmitted from the server or a server belonging to any third party to the User's Equipment. The User therefore accepts that is shall have full responsibility for protecting the User's Equipment from PDPs and SER Ltd shall have no responsibility for ensuring that content downloaded from the website is free of PDPs.

6. Paying Your Fee to SER Ltd

6.1. SER Ltd allows online payment of all fees relating to membership of the Scheme via the website.

6.2. SER Ltd must receive payment of the whole of the fee that the User owes before the application can be accepted. If paying by cheque, the cheque must be posted to SER Ltd immediately, so that the application can be processed. Once payment has been received by SER Ltd, SER Ltd will confirm that the User's application has been accepted for processing by sending an email to the User at the email address provided by the User. SER Ltd.’s acceptance of the User's application brings into existence a legally binding contract between SER Ltd and the User.

7. Price

7.1. The prices payable for fees related to applications made by the User are as set out on the website.

7.2. The User must note that the registration fee is non-refundable under any circumstances, as this fee covers the administration involved in processing an application, irrespective of whether the application is approved, or if the User wishes to withdraw it.

8. Right for User to Cancel Contract

8.1. Cancellation of applications by Users is not accepted.

9. User's Warranties and Representations

9.1. The User represents and warrants to SER Ltd that its use of the website shall:

9.1.1. not be in breach of any contractual, statutory (including but not limited to infringement of Intellectual Property Rights, data protection, defamation, theft, fraud, drug trafficking, money laundering and terrorism statutes) or common law rights of any third party;

9.1.2. not be threatening, fraudulent, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate as determined by SER Ltd at its sole discretion; and

9.1.3. not cause any PDPs to be transmitted to the server.

9.2. The User represents and warrants that all the information that it supplies to SER Ltd shall be accurate, complete and true in all respects and the User agrees that it shall notify SER Ltd immediately of any changes to such information or if such information becomes out of date.

10. Exclusion of Warranties / Limitation of Liability

10.1. Where the User accesses the website by means of the internet, SER Ltd will use its reasonable endeavours to ensure that the service is accessible at all times via the internet but SER Ltd does not warrant or represent that it can do so since neither SER Ltd nor any other party has any control over the internet, which is a global decentralised network of computer systems. The website will not be continually free from error or interruption and may be variable.

10.2. The website is provided "as is" without any warranty of any kind either express or implied including but not limited to the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement of Intellectual Property Rights.

10.3. The User acknowledges that any data transmitted to SER Ltd or the server electronically via the internet, an intranet or another private network including without limit the website may be intercepted by third parties and unlawfully exploited. The User accordingly accepts that SER Ltd has no responsibility in respect of the acts of the said third parties.

10.4. In the event that SER Ltd incurs any liability whatsoever to the User such liability shall in all cases be limited to the sum of one hundred pounds sterling in respect of all incidents arising in any 12 month period.

10.5. SER Ltd is not responsible in contract or in tort for the unauthorised access to, or alteration, theft or destruction of e-mails, files, programs, or information of the User by any person through accident or by fraudulent means or devices, even if such access occurs as a result of SER Ltd.’s own negligence.

10.6. Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights the User might have as a consumer under applicable local law or other statutory provision that may not be excluded nor in any way to exclude or limit SER Ltd.’s liability to the User for any death or personal injury resulting from SER Ltd.’s negligence.

11. Indemnities

11.1. The User undertakes fully and effectively to indemnify and keep indemnified at all times SER Ltd against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, suffered, incurred or paid by SER Ltd directly or indirectly in respect of:

11.1.1. access to and/or use of the website by the User;

11.1.2. any information, data or material produced, transmitted or downloaded by the User;

11.1.3. any breach by the User of any of the Terms of any law, code or regulation relating thereto, to the internet or the User.

12. Privacy

12.1. The User acknowledges and agrees to be bound by the terms of the Privacy Policy.

13. Links to Other Sites

13.1. Certain links, including hypertext links, in the website will take the User outside the website. Links are provided for the User's convenience and inclusion of any link does not imply endorsement or approval by SER Ltd of the linked site, its operator or its content. SER Ltd is not responsible for the content of any website outside the website.

14. Events Beyond SER Ltd.’s Control

14.1. SER Ltd shall not be liable to the User for any breach of these Terms or any failure to provide or delay in providing the services through the website resulting from any event or circumstance beyond SER Ltd.’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of system or network access, fire, explosion or accident.

15. Termination

15.1. Either party may terminate this Agreement immediately by notifying the other that this Agreement is terminated.

16. Waiver

16.1. Failure or neglect by SER Ltd to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of SER Ltd.’s rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice SER Ltd.’s rights to take subsequent action.

17. Assignment

17.1. Neither this Agreement nor the benefit of the website may be assigned or transferred by the User whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of SER Ltd, and SER Ltd reserves the right to charge for any time or costs incurred in so doing. No such assignment by the User howsoever occurring shall relieve the User of its obligations hereunder.

17.2. SER Ltd is fully entitled to assign or transfer this Agreement or the benefit of the website at any time.

18. Invalidity

18.1. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect or impair:

18.1.1. the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement; or

18.1.2. the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.

19. Law

19.1. This Agreement shall be governed and construed in accordance with English Law and parties hereby submit themselves to the exclusive jurisdiction of the English Courts.

20. Third Parties

20.1. Nothing in this Agreement confers or purports to confer on any third party any benefit of any right to enforce any of this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.

Updated: 16 August 2016