References to "we", "us" and "our" refer to Engineering Community and to "you" and "your" are to you, a Website user and purchaser.
These Terms apply to any contract between us for the Corporate Membership Services ("Contract"). Please take the time to read these Terms before ordering any Corporate Membership Services from our Website, as they include important terms which apply to you. Please note that by ordering any Corporate Membership Services, you agree to be bound by these Terms and the other documents expressly referred to in them.
Please note that we only supply our Corporate Membership Services to business customer for your commercial and business purposes. We do not provide Corporate Membership Services for domestic and private use or for use where you are not acting in the course of your trade, profession or business.
Before placing an order with us you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order Corporate Membership Services from us. When ordering Corporate Membership Services on our Website, please click on the button marked "I Accept" when completing your order if you accept these Terms.
We amend these Terms from time to time, as noted in clause 5. Every time you wish to order or renew Corporate Membership Services on our Website, please check these Terms to ensure you understand the terms which will apply at that time of purchase. You should keep a copy of these Terms for future reference. These Terms, and any Contract between us, are only available in the English language.
The Engineering Community Limited is a limited company registered in England and Wales under company number 09556652 and our registered address is at 72 Lowther Street, Whitehaven, Cumbria CA28 7AH ("Engineering Community"). Our VAT number is VAT 206 8876 87.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us when you order Corporate Membership Services.
Our Corporate Membership Services are detailed on the corporate services page on our Website and include our corporate membership and advertising services ("Corporate Membership") and our corporate licences ("Corporate Licences") (each a "Corporate Service"). As a corporate customer:
Our Website pages will guide you through the steps you need to take to place an order for a Corporate Service with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
After you successfully place an order and make payment to us for a Corporate Service, you will receive an e-mail from us acknowledging that we have received your order and confirming that your Corporate Service is active and has been verified and accepted by us ("Order Confirmation"). The Contract between us will only be formed when we send you the Order Confirmation.
Every time you order a Corporate Service from us, the Terms in force at the time of your order will apply to the Contract between you and us.
If we are unable to provide a Corporate Service, for example because the service is no longer available, we will inform you of this (usually by e-mail) and we will not process your order. If you have already paid for the Corporate Service in question, we will refund you the full amount as soon as possible.
We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements and our business practices and procedures, including the technologies and payment methods we use.
If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes. We may ask you to accept our revised Terms the next time you log onto your Corporate Membership account and will also update the Terms on our Website.
If your Corporate Membership includes advertisement services or you choose to purchase additional advertisement services, when you place an advertisement on our Website you are agreeing to us posting the details of your advertisement on the Website for viewing by other members of the Website, including other Corporate Membership users and other members of Engineering Community.
Your advertisement must be honest, truthful and made in good faith and comply with any relevant advertising codes or standards, including but not limited to, the British Advertising Standards Authority's Committee of Advertising Practices Code. We do not intend and will not be required to edit or review any advertisement, information or content for accuracy or appropriateness, however, we reserve the right to amend the advertisement, information or content to ensure compliance with such requirements if necessary. You are responsible for any losses, expenses or other costs incurred by us which are caused by an untrue statement made or provided by you. In some instances, where we deem an advertisement inappropriate given the nature of the Website, its purpose and its target audience, we may remove, at our sole discretion, any advertisement posted by you. If we remove an advertisement on this basis, where a fee has been paid by you for the advertisement in question, we will provide you with a pro rata refund in respect of the time remaining of such advertisement.
Your advertisement will be available for viewing on our Website (as set out in your Corporate Service Order Confirmation) on the Website after which point it will be removed from our Website automatically. You will be given the option to re-advertise your item if necessary by logging in to your account on the Website and using a Corporate Service. Any re-advertisement may incur additional fees as set out on our Website from time to time. As a corporate member, re-advertisement may be covered by your Corporate Membership allowance.
If you advertise other than through a Corporate Service we reserve the right to cancel your membership to our Website and we will charge you for the advertisement at our current standard subscription rates as set out on our Website from time to time plus a £25 administration fee. This payment will become due immediately on invoice by us. Where we hold payment details for you, we will automatically process this payment using those details.
We do not guarantee that our Website will be available 24/7 or that it will be free from interruptions. We do not therefore guarantee that Corporate Services will be available for viewing on the Website continuously or provided free of faults.
In the unlikely event that there is any defect or error with a Corporate Service you have purchased:
If we experience a technical difficultly with our Website which means an Advertisement purchased by you (as set out in section 6 above) is unavailable for viewing by members of the Website for a period of 7 days or more, we will offer you (at our discretion) either:
in both cases equal to the period of time which the advertisement was unavailable for viewing by members of the Website as your sole remedy in respect of this matter.
Once payment is received and we have provided you with an Order Confirmation we are unable to cancel a Corporate Service.
Corporate Service fees will be as quoted on our Website at the time you make your order. We take all reasonable care to ensure that the prices of Corporate Services are correct at the time when the relevant information was entered on to our Website. However, it is always possible that, despite our reasonable efforts, some of the Corporate Services on our Website may be incorrectly priced.
If we discover an error in the price of the Corporate Service you have ordered and we do not wish to continue with you order based on the pricing error, we will contact you to inform you of this error prior to issuing an Order Confirmation and we will give you the option of continuing to purchase the Corporate Service at the correct price or cancelling your order. Where possible, we will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing by email. Please note that in any event if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Corporate Service to you at the incorrect (lower) price even if we have issued an Order Confirmation.
Prices for our Corporate Services may change from time to time, but changes will not affect any order you have already placed. Where a Corporate Membership price changes, we will notify you of the new price which will be effective as at the renewal of your Corporate Membership term.
The price of a Corporate Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. All fees payable for Corporate Services shall be paid in pound sterling.
You can only pay for Corporate Services using a debit card or credit card. We accept the following cards: American Express, Master Card, VISA, VISA Electron, Maestro, JCB. Payment for Corporate Services is required in advance.
Where applicable, we operate our Corporate Services on a subscription basis (i.e. on-going services). If you Corporate Service is set to automatically renew at the end of your relevant service term as set out in the Order Confirmation we will automatically renew your relevant Corporate Services for subsequent terms unless you notify us that you want to cancel the automatic renewal. We will automatically collect the Corporate Services fee using any payment method we have on record for you. If we cannot process your renewal, for example if your payment method has expired, we will contact you and request an alternative payment method. If we are unable to contact you using the contact details you provided, we will treat the order as cancelled and notify you of any outstanding balance to be paid by you. We can reactivate your Corporate Service on payment of the relevant fee by you.
All credit/debit cardholders are subject to authentication checks by the card issuer. If the issuer of your payment card refuses, or for any reason does not authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Corporate Services ordered or due for renewal.
We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any:
If we fail to comply with these Terms, the maximum amount we will be liable to you for any Corporate Services will be the price of those Corporate Services.
We do not in any way exclude or limit our liability for:
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Corporate Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Corporate Membership Services are suitable for your purposes.
We own (or license) all intellectual property rights in our Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
If you upload any copyright protected material (including photographs) to our Website, it is your responsibility to obtain the permission of the copyright owner.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will be entitled to a refund for your Corporate Service fee paid, however, we will deduct any amount for any element of the Corporate Service already received by you on a pro rata basis from any refund due.
We may transfer our rights and obligations under a Contract to another organisation but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on our Website if this happens.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights in any way or that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are governed by English law. This means a Contract for the purchase of Corporate Services through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
Any changes to these terms will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes. Your continued use of our Website will be your acknowledgment of your agreement to the revised terms.
The Website Terms of Sale were most recently updated on May 25, 2018.