Terms of Use

1          Acceptance of Terms

1.1        This is the built-environment-marketing.com website (the “Site“) which is owned and operated by Built Environment Marketing Limited a company registered in England (Company No. 07055370) of 18 Stoneleigh Close, Moortown, Leeds, LS17 8FH (“we“, “us“, “our“).

Your access to and use of the Site and the Services is subject exclusively to these Terms of Use.  Please read these Terms of Use carefully.

By using the Site and/or by purchasing the Services you are fully accepting these Terms of Use and our Privacy Policy which sets out how we process your personal information. If you do not accept these Terms of Use you shall not be entitled to use the Site or the Services.

We may change these Terms of Use at any time, and your continued use of the Site following any changes shall be deemed to be your acceptance of such changed Terms of Use.

You should print a copy of these Terms of Use for your future reference.

2          Definitions

2.1       The following words shall have the following meanings:

Access Information” means any information we provide you with in order to enable you to access the Services including, but not limited to, any password you choose to use;

Content” means any content or material, whether of an audio or visual nature and including but not limited to words, pictures, blogs, comments, biographies, case studies, programmes and podcasts posted on, by or via the Site;

“Fee” means the fee payable by you to us for the Services;

“Intellectual Property” means any and all intellectual property rights including, without limitation, patents, designs, copyright, trade marks, database rights, rights in and to confidential information and know-how (whether such rights are registered or capable of registration and including all applications and rights to apply) and any rights analogous to the same subsisting anywhere in the world at any time;

“Registered User” means a user who registers to use the Services on the Site;

“Services” means the subscription services relating to individual improvement in business development and marketing which you have ordered from us.

3              Purchase of the Services

3.1          The placing of any Services on our Site is an invitation to accept offers for such Services and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the debit/credit card been charged).

3.2          Please note that the details and/or specification for the Services, as set out on the Site, is subject to change without notice.

3.3          We will acknowledge by e-mail your order for Services at the time you place your order.  Please note that this does not mean that your order has been accepted.  We will then notify you whether we have accepted your order in whole or in part.  At the same time if we have accepted your order we will provide you with the Access Information if applicable.

3.4          We agree to provide the Services to you using reasonable skill and care.

4          Rules of Use

4.1        You warrant and undertake:

(a)       that you are at least 18 years old;

(b)       that all your personal, and where applicable, company details submitted to us are and shall at all times be true and accurate;

(c)       that you will not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

(d)       that you will 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;

(e)       to not use the Site in any unlawful manner or in any manner that could disenable, damage or be otherwise harmful to the Site or any part thereof; and

(f)        to not use the Site in any manner which could be deemed to be in any way offensive, harmful, unpleasant, inappropriate, threatening, fraudulent, defamatory, abusive, discriminatory, false, libellous, unreliable, misleading, harassing, intimidating, infringing, obscene, unlawful or otherwise objectionable.

5              Your obligations

5.1          In consideration of us providing the Services you shall:

(a)        pay the Fee;

(b)        co-operate with us and follow our reasonable instructions in all matters relating to the Services; and

(c)        keep your Access Information secure and confidential and not share or disclose such information to any third party.

6              Cancellation of contract by you

6.1          When we enter into a contract with you for the provision of the Services we will send you an email (to the email address supplied by you when ordering the Services on the Site) confirming details of the Services ordered by you and the contract between us. Except where you have commenced using the Services, you may cancel the contract at any time up to and including the seventh Working Day (the “Cancellation Period“) after you receive the email confirming the contract between us, provided you notify us by email at keith@built-environmental-marketing.com.

6.2          In the event that the contract is cancelled, for whatever reason, you undertake to delete or destroy all records relating to the Services, including but not limited to any Access Information.]

7              Prices and Payment

7.1          The Fee for the Services is as set out on the Site and is exclusive of VAT.

7.2          Payments must be made by credit or debit card or such other options made available by the payment processor at the time of paying for the Services.

7.3          Your payment will be processed by a secure connection at the time you place your order on the relevant section of the Site and thereafter during your monthly payment for the Services.

7.4          We will inform you as soon as practicable if we cannot supply the Services and/or Access Information as applicable within thirty (30) days of your order and you may agree an alternative time frame or you may cancel the order. In no event shall we be liable to you for any losses you may have for any delay in you being able to access the Services.

7.5          If you cancel the Services before the Cancellation Period expires in accordance with clause 6.1, we shall use reasonable endeavours to refund you the Fee for the Services within fourteen (14) days.

7.6 Refunds may occasionally be offered at the discretion of the management.

8              Termination

8.1          If you wish to terminate your registration to the Services then you may do so by [cancelling your account within the My Account section of the Site by selecting ‘Cancel Account’ and submitting your password]. Upon termination no refunds will be made of any fees paid by you, irrespective of whether such fees have been paid in advance.

8.2          We may terminate the Services immediately on giving notice to you if:

8.2.1       You commit a breach of any of the terms of the contract between us and (if such a breach is remediable) you fail to remedy that breach within five (5) days of being notified of the breach;

8.2.2       You repeatedly breach any of the terms of the contract between us in such a manner as to reasonably justify in our opinion that your conduct is inconsistent with having the intention or ability to give effect to the terms of the contract between us;

8.2.3       You suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due or admit inability to pay your debts or are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986.

8.3          On cancellation of your account, your account will be deleted and further access to the Services will be denied without re-registration.

9              Provision of the Site

9.1          We agree that we shall provide the Site using reasonable skill and care.   However, we do not warrant that the Site will be continuously available or have an internet presence at all times and we shall not be responsible or liable in any way for any costs and/or inconveniences caused by the Site at any time being unavailable. We may at any time and without notice to you, suspend, restrict or withdraw your access to the Site, in whole or in part, either on a permanent or temporary basis.

9.2          We do not represent or warrant that the Site or any of the Content on the Site is reliable, complete, current or error-free or that it is free of viruses or other harmful components and you should ensure that you exercise caution in the access and use of any Content or other such information, material from the Site.  Any such access, use, downloading or other means of obtaining Content material from or through the Site by you is at your own discretion and risk.

9.3          We shall be entitled at any time to remove or change (temporarily or permanently) the Site or any part thereof for any other reason.

9.4          Where links to third party websites form part of the Content, we shall not be responsible and shall not accept any liability for the accuracy, reliability and/or content of the linked website or any link contained in a linked website.  To the fullest extent permitted by law, we shall not be liable for any loss or damage arising from your use of any such linked website.

10            Intellectual Property and Data

10.1        You acknowledge that any and all Intellectual Property in or relating to the Services, our business, the Site and any Content belongs solely to us and/or our licensors, as applicable, and shall remain entirely in such ownership, including without limitation the Site design, text, graphics and all software and source codes connected with the Site.  Nothing said or done by either party shall constitute the transfer of any such rights.

10.2        Except as set out in clause 10.3, you may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.

10.3        You shall be permitted to download, copy and/or print pages of the Site which are only accessible through the Services for your own personal, non-commercial home use only.

10.4        Except as permitted by clause 10, no permission is given by us for use by you or by any third party of any Intellectual Property in the Site, including without limitation any Content which may constitute an infringement of our Intellectual Property rights or the rights of any third party.

11            Disclaimer and Liability

11.1        We give no warranty regarding the functionality of the Site including without limitation that the Site will be available on an uninterrupted or error free basis; that defects will be corrected; or that the Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive and no liability can be accepted in respect of losses or damages arising out of such.  We recommend that you take all appropriate safeguards before downloading information or images from the Site.

11.2        The Site and the Services are provided on an ‘as is’ basis and we do not make any representations or warranties as to the accuracy, completeness or suitability of the Site, the Services and/or Content for any purpose.    We are not responsible for any loss or damage arising from the use of the Site, the Services and/or the Content.  Except as expressly set out in these Terms of Use, all warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded.

11.3        Nothing in these Terms of Use limits or excludes our liability for death or personal injury resulting from our negligence; or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us; or for any sort of liability that, by law, cannot be limited or excluded.

11.4        Subject to clause 11.3:

11.4.1    we shall not be liable for loss of profits; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated savings; or loss of goods; or loss of contract; or loss of use; or loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and

11.4.2    our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to: where you are not a Registered User of the Site, to £1; or                 where you are a Registered User of the Site to the Fee paid by you in the year preceding the date on which the default occurred.

11.5        Commentary and other materials on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who may be informed of any of its Content.

11.6        You agree to indemnify us and keep us indemnified against all liability, costs, claims, damages and expenses incurred or awarded against us that arise directly or indirectly from your failure to comply with these Terms of Use.

12            General Provisions

12.1        Each provision of these Terms of Use is severable and distinct from the others and if any provision is or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, it shall to that extent or in those circumstances be deemed not to form part of these Terms of Use, but the validity, legality and enforceability of all other provisions of these Terms of Use shall not otherwise be affected or impaired, it being the parties’ intention that every provision of these Terms of Use shall be and remain valid and enforceable to the fullest extent permitted by law.

12.2        We reserve the right to assign, sub-licence or otherwise transfer our rights and obligations under these Terms of Use to any third party.

12.3        These Terms of Use constitute the entire agreement between the parties. Each party warrants to the other that, in entering into these Terms of Use, it does not rely on any statement, representation, assurance, promise or warranty of any person (whether a party to these Terms of Use or not) other than as expressly set out in these Terms of Use.  Neither party excludes its liability for fraudulent misrepresentation.

12.4        You covenant in favour of us that you will, at our request and expense, execute all documents and perform all such further acts as may be necessary or desirable to give full effect to the provisions of these Terms of Use.

12.5        You shall not assign, transfer or sub-contract any of your rights or obligations under these Terms of Use to any third party without our prior written consent.

12.6        A person who is not a party to these Terms of Use has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of these Terms of Use.

12.7        These Terms of Use shall be governed by and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Use.

13            Complaints Procedure

13.1        We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us by using the address in the ‘Contact Us’ section below. Our aim will always be to deal with your complaint as soon as practicable and make every effort to reach a satisfactory conclusion on your behalf in order to retain your valued custom.

14            Contact Us

14.1        If you have any queries or concerns about the Services or the Site or any material which appears on our Site please email us at keith@built-environment-marketing.com or write to Built Environment Marketing Limited at 18 Stoneleigh Close, Moortown, Leeds, LS17 8FH.