A. “You” means yourself, your organisation, or any representative (internal or external) of you or your organisation.
B. “We/Us/Our” means Build Beacon Limited, a company registered in England & Wales with the registered company number 09754705.
1.1 Our mission is to provide a centralised source of construction project information to benefit constructors, communities, stakeholders and other parties interested in construction project activities. Our platform is designed to make it more efficient for constructors to communicate with the communities that their projects affect, while making information about construction works easier to access for community members, stakeholders and other parties interested in construction project activities.
1.2 You agree that by clicking “Sign Up”, “Add Project” or similar, registering, accessing or using our “Services”, you are entering into a legally binding agreement.
1.4 Individuals and organisations who setup an account with Build Beacon are “Users” OR “Constructors” and unregistered users are “Visitors”. This Agreement applies to both.
1.5 Important information concerning your legal rights which applies Users and Visitors is available to access through the Build Beacon homepage by clicking on the “i” symbol (www.buildbeacon.com).
2 LIMIT OF LIABILITY
2.1 TO THE EXTENT ALLOWED UNDER LAW, BUILD BEACON (AND THOSE THAT BUILD BEACON WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
2.2 TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS BUILD BEACON HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), BUILD BEACON (AND THOSE THAT BUILD BEACON WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
3 CHANGES TO THE AGREEMENTS
3.1 We may, at our sole discretion, make changes to one or more of the Agreements. When we make material changes to the Agreements, we will provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting email@example.com
4.1 Your account belongs to you. You agree to: (1) use a strong and secure password; (2) keep the password secure and confidential; (3) follow the law and the terms of this Agreement. You are responsible for anything that happens through your account.
4.2 You are responsible for ensuring the security and confidentiality of your account details. If you become aware that the confidentiality of your password has become compromised you should change your password immediately.
5.1 The price (Price) of the Build Beacon Service is the Price set out in the Prices and Services section at the date of your order or such other price as we may agree in writing.
5.2 If the cost of the Goods and/ or Services to us increase due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, we may increase the Price..
5.3 Any increase in the Price under the clause above will only take place after we have told you about it.
5.4 You may be entitled to discounts. Any and all discounts will be at our discretion.
6 ORDER CANCELLATION
6.1 Order Placement is when you add a new project to Build Beacon.
6.2 You can cancel your order without charge up to 48 hours after Order Placement. You can cancel your order by contacting firstname.lastname@example.org.
6.3 If you cancel your order after 48 hours you will be invoiced the full price of the Service.
7.1 We will invoice you for the Price on or at 48 hours after Order Placement.
7.2 You must pay the Price within 14 days of the date of our invoice or otherwise according to any credit terms agreed between us.
7.3 If you do not pay within the period set out above, we will suspend the Service to you until you pay in full.
7.4 Payment can be made to Build Beacon via BACS payment only.
7.5 You must quote the invoice number as the payment reference when making payment via BACS.
8.1 The Agreement will continue to apply to you until terminated by either you or Build Beacon. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason.
8.2 Build Beacon may terminate the Agreements or suspend Your access to the Services at any time, including in the event of your actual or suspected unauthorised use of the Build Beacon Service and/or Content, or non-compliance with the Agreements. If you or Build Beacon terminate the Agreements, or if Build Beacon suspends your access to the Build Beacon Services, you agree that Build Beacon shall have no liability or responsibility to you.
9 NO WAIVER
9.1 No Waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
10 LAW AND JURISDICTION
10.1 This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts
11.1 You agree that Build Beacon may provide notices to you in the following ways: (1) an e-mail sent to an e-mail address you or your organisation provided, or (2) through other means including mobile number, telephone, or mail.
11.2 When a profile is updated with new content visitors who have subscribed for e-mail alerts will be notified of such updates. Visitors who have subscribed for such e-mail alerts may unsubscribe at any time.
11.3 We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
12 THIRD PARTY APPLICATION AND SERVICES
12.1 The Build Beacon Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Build Beacon does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
13 USER GENERATED CONTENT
13.1 Our Services allow sharing of information through the project profiles that you create. Information and content that you share or post will be seen by the public.
13.2 Build Beacon Constructors may post and upload content to the Service (which may include, for example, pictures, text, messages, information and/or other types of content) (“User Content”).
13.3 If Build Beacon deem content inappropriate or not in keeping with the intended use of the website we may remove such content without notice.
13.4 You promise that, with respect to any User Content you post or upload on Build Beacon, (1) you have the right to post such User Content, and (2) such User Content, or its use by Build Beacon as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Build Beacon or any entity, company, organisation or individual without express written consent from such entity, company, organisation or individual.
13.5 Build Beacon may, but has no obligation to, monitor, review, or edit User Content. In all cases, Build Beacon reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Build Beacon’s sole discretion, violates the Agreements. Build Beacon may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
13.6 You are solely responsible for all User Content that you post and upload. Build Beacon is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST BUILD BEACON RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD BUILD BEACON HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
14.1 Build Beacon is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
15.1 We reserve the right to advertise the products and services of other organisations on our web pages.
15.2 We will issue appropriate notices to Constructors in advance of advertising.
15.3 Advertisements will be displayed in accordance with our Advertising Policy which will be made available at the appropriate time.
Build Beacon April 2018