The Website is operated by the Construction Industry Council (referred to as "CIC/we/us/our"). As a user of the Website and/or the DQI Service (referred to as "you/your") you acknowledge that any use of the Website and/or the DQI Service is subject to our terms and conditions below (referred to as the "Conditions").
DEFINITIONS
"DQI Service" means the design quality indicator product including the Questionnaire and the Report;
"Packet" means a group of 5, 10 or 20 Questionnaires purchased in a single Payment;
"Payment" means the payment by a User to CIC in relation to the DQI Service;
"Payment Date" means the date on which Payment is made by a User if payment is made by credit card, or the date of receipt by CIC of a Purchase Order from a User if the payment is to be made by cheque;
"Personal Information" means any personal details provided to us by a User in relation to the DQI Service;
"Questionnaire" means a questionnaire to be completed by a User;
"Report" means a report which is produced by CIC based on information from the Questionnaire(s);
"User" means a user of the DQI Service;
"Website" means the website located at the URL www.dqi.org.uk on which the DQI Service is hosted or located at any other URL which CIC may decide to use from time to time.
1. DQI SERVICE
1.1 Please see the registration section on the Website for information on how to apply to use the DQI Service.
1.2 We reserve the right to change the Conditions from time to time. Any such changes will take effect when posted on the Website and it is your responsibility to read the Conditions on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Conditions.
2. PAYMENT
2.1 Details of our current fees and methods of Payment are available on the Website.
2.2 You agree that you are the owner, holder and duly authorised user of any credit card specified by you in our registration procedure.
2.3 In the case of off-line Payments, Payment must be made within 14 working days of the date of the invoice (the 14th such day being the "Due Date"). Payment must then be made by a cheque, payable to the Construction Industry Council, sent to 26 Store St, London WC1E 7BT. Late payments will accrue interest at 4% over Barclays bank plc base rate from the Due Date to the date of Payment.
2.4 All Payments made are inclusive of VAT and shall be made in full without deduction or withholding.
3. QUESTIONNAIRES
3.1 Subject to Clauses 3.2 to 3.4 below you have one month from the Payment Date to use a Questionnaire and if a Questionnaire is unused by you after this period then you shall not be entitled to any refund in respect of the Questionnaire.
3.2 If you purchase an individual Questionnaire (i.e. not in a Packet) and within one month of the Payment Date, you decide not to use it, you may cancel it by notice and in these circumstances you shall be entitled to a refund for the amount paid in respect of the Questionnaire.
3.3 Where Questionnaires are purchased in a Packet, each Questionnaire may be used within five years from the Payment Date. Any unused Questionnaires after the expiry of this five year period shall not be used and after this period you shall not be entitled to any refund in respect of such Questionnaire.
3.4 Where Questionnaires are purchased in a Packet:
3.4.1 Within two years from the Payment Date, CIC may give notice to terminate the DQI Service in relation to any particular User, in which case it will refund to the User the pro rata Payment for the Questionnaires which have not been used by the date of termination.
3.4.2 Following the end of the two year period from the Payment Date, CIC may give notice to terminate the DQI Service in relation to any particular User, in which case the User will have a 3 month period from receipt of the notice in which to use further Questionnaires, but shall not be entitled to a refund. After that 3 month period no further Questionnaires may be used.
4. YOUR OBLIGATIONS
In using the DQI Service you agree:
4.1 not to upload or transmit to the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
4.2 not to upload or transmit any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
4.3 not to cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
4.4 not to infringe the intellectual property rights or rights of confidence of any third party;
4.5 not to attempt any unauthorised access to any part or component of the Website and/or the DQI Service;
4.6 not to allow any unauthorised third party directly or indirectly to use or access the DQI Service; and
4.7 to provide true, accurate, correct and complete information when you register as a User of the DQI Service and information which to the best of your knowledge is accurate and correct when completing any Questionnaire.
5. YOUR DATA
5.1 With respect to your Personal Information, please view our privacy policy on our Website, which forms part of these Conditions.
5.2 You agree that we may share non-Personal Information obtained from a Questionnaire with our research partner, Imperial College, London and that we may publish aggregated information arising from the content provided in any Questionnaire.
5.3 You agree that we may share non-Personal Information obtained from a Questionnaire which relates to a school building project with the Department for Education and Skills and Partnerships for Schools.
6 INDEMNITY AND LIABILITY
6.1 We will use our reasonable endeavours to verify the accuracy of any information on the Website and in the Reports but make no representation or warranty of any kind regarding the contents or availability of the DQI Service or that it will be timely or error-free, that defects will be corrected, or that the Website or the server are free of viruses or bugs. You will not be eligible for any compensation if you cannot use any part of the DQI Service or because of a failure, suspension or withdrawal of all or part of the DQI Service due to circumstances beyond our control.
6.2 You shall not rely upon information included in the DQI Service and shall use it at your own risk and we shall not be liable to you for any loss arising directly or indirectly from any use or reliance by you on information included in any aspect of the DQI Service (including the Reports). Accordingly, all warranties, representations, guarantees, conditions and terms whether express or implied by statute, common law, trade usage or otherwise and whether written or oral are hereby expressly excluded to the fullest extent possible by law.
6.3 You agree that neither CIC nor any other person involved in the DQI Service shall be liable for any direct, indirect, consequential or incidental loss or damage arising from or relating to the DQI Service. You will keep the information in the Report confidential and will not disclose the whole or any part of the Report to any other person without our prior written consent.
6.4 You shall be responsible for keeping your own copies of all content produced by you (if any) in connection with the DQI Service. We will not be responsible for any file recovery or files lost by you.
6.5 You agree to indemnify us, or any subsidiary or holding company (as defined in section 736 and 736A of the Companies Act 1985) of ours and our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the DQI Service, including in relation to any infringement of any third party intellectual property rights by you. You shall not enter into any settlement or compromise of any such claim or action without our prior written consent. We may, at our sole discretion, assume and control the defence of such claim or action.
7. INTELLECTUAL PROPERTY
You acknowledge and agree that as between CIC and you all intellectual property rights existing in or relating to the DQI Service shall belong to CIC.
8. THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
9. MONITORING
We have the right, but not the obligation, to monitor any activity and content associated with the DQI Service. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access to the Website and/or removing any materials from the DQI Service).
10. ASSIGNMENT AND SUB-LICENSING
You shall not license, transfer or assign any of your rights or obligations in relation to the DQI Services to any third party unless agreed upon in writing by CIC.
11. NOTICES
In respect of any notices, you shall give notice to us in writing to the contact details and by one of the methods of contact listed on the website. We shall give notice to you in writing to the contact details provided to us by you on registration.
12. SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
13. WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
14. ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions.
15. LAW
The Conditions will be governed by and construed exclusively in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
'DQI' is a registered trademark of the Construction Industry Council.
Construction Industry Council is a company no. 2388396 limited by guarantee, registered in England. CIC registered office: 26 Store Street London WC1E 7BT
