The International Association of Arson Investigators UK Chapter - Terms and Conditions for the Sale of and/or Provision of Goods and Services and Use of the Website
Please read these terms and conditions carefully as they affect your legal rights and set out the terms and conditions on which we, the International Association of Arson Investigators UK Chapter trading as the UK Association of Fire Investigators ("us", "we", "UK-AFI", "UK Association of Fire Investigators"), sell and/or provide goods and services and will allow you to use this website (the "Website" which for the avoidance of doubt includes any restricted area which is accessed by UK-AFI members, registered users or subscribers) and the information contained within it.
All goods and services sold and/or provided by the UK-AFI which also include those provided free of charge to customers from time to time whether purchased online through the Website or offline by telephone or paper order shall be and are subject to these terms and conditions and any reference to purchasing goods and services on the Website shall refer in equal measure to any such goods or services purchased offline.
The Website is also offered to you conditional on your agreement with these terms and conditions and your continued use of it signifies agreement with them in their entirety.
Purchasing Goods and Services
1. We offer the opportunity to purchase certain goods and services on the Website and offline, which includes via brochures and other printed publications produced by the UK-AFI from time to time (referred to in these Terms and Conditions as "Offline"), including membership, registration and payment for training, conferences and examinations.
2. Any descriptive matter or advertising produced by us and any descriptions or illustrations contained in our brochures or other printed publications are produced for the sole purpose of giving an approximate idea of the goods or services described in them. They shall not form part of any contract with you or have any contractual force.
3. If we accept your offer and agree to enter into a contract with you, we will keep a record of the transaction for a period of 7 years.
4. The Fee means the fee for the goods or services. Prices quoted on our Website and Offline are in pounds sterling.
Payment and Title
5. When you offer to purchase any goods or services from us on the Website by clicking the 'Submit' button or Offline by telephone or by paper application form, you agree to these Terms and Conditions. By completing and submitting the electronic order form/ paper application form you are making an offer to purchase goods or services which, if accepted by us, will result in a binding contract. We reserve the right to refuse your order and in which case you will be notified accordingly. Where accepted by us, any such contract constitutes the entire agreement with you and you are acknowledging that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf in accordance with these Terms and Conditions.
6. The Price may be paid by credit or charge/debit card (some orders are payable by cheque or BACS transfer at the expressed permission of the UK-AFI). The Fee will be deducted from your card if and when we have accepted your order. If your order is not accepted by us we will inform you.
Cancellation and Termination
7. In accordance with The Consumer Protection (Distance Selling) Regulations 2000 you have a right of cancellation in respect of goods and services. This right (subject to the Regulations) expires seven working days from the day after the date on which either written confirmation for the goods and services is received by you or your order for goods and services is accepted by the UK-AFI. Bookings made within 7 days of an event will not be refundable unless the event is cancelled by the UK-AFI. Please note: No refund or request to cancel goods or services may be made after this period has elapsed. Should you wish to cancel, notice should be sent to the UK-AFI ([email protected]).
8. Training, conferences and examinations (an “Event”) are subject to cancellation and re-scheduling at our discretion. If an Event is cancelled or re-scheduled we will inform you of this as soon as possible. If an Event is cancelled we will offer you a place on an alternative Event. If this alternative Event is not suitable you will be given the option to cancel the contract, and we will credit the price paid by you to your card (or the same method as original payment) as soon as possible. We shall not be liable for any additional loss or damage.
9. We may (at our option) suspend performance of the services or terminate the contract at any stage if it appears to us that you have not complied with these Terms and Conditions.
10. We reserve the right to cancel, suspend or vary the operation of our obligations to you if events occur which are in the nature of force majeure including (but without prejudice to the generality of the foregoing) fire, flood, storms, plant breakdown, strikes, lock outs, riot, hostilities, terrorism, armed conflict, malicious damage, non-availability of material or suppliers or any other event outside our reasonable control; and we shall not be held liable for any breach of contract or in tort resulting from such an event.
Warranties and Liability
11. We will perform any services with reasonable skill and care. Except as otherwise provided in these Terms and Conditions, and except where goods or services are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Conditions Act 1977), all warranties, representations and undertakings, whether express or implied, statutory or otherwise, including but not limited to warranties of satisfactory quality, accuracy, fitness for a particular purpose and of non-infringement of the rights of a third party, are hereby excluded to the fullest extent permitted by law. Where goods or services are sold to a person dealing as a consumer, nothing in these Terms and Conditions shall affect his or her statutory rights.
12. Our liability (if any) under these Terms and Conditions in respect of any defect in the goods or services or of any duty owed to you under the Terms and Conditions will be limited to the Price paid by you or, if higher, the amount available under any responding insurance policy.
Limitation of Liability and Disclaimers
13. We do our best to ensure that the information in the Website and our Offline publications is accurate and helpful at all times. However, we cannot ultimately warrant the accuracy of that information and cannot be held liable for any use or reliance you may make of or put on it except as specifically agreed with us in any further agreement we may make with you in writing.
14. Any link (be it a hypertext link or other referral device) either used on the Website (including any restricted area) or described in an Offline publication or is provided solely for the use and convenience of the visitor. The link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked website. We are not responsible for the content of any websites that have links either to or from the Website or for the legal consequences of your entering into any contracts with the third parties that have these linked websites and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.
15. We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
16. Access to and use of the Website is at your own risk and we do not warrant that the use of the Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection.
17. Nothing within these Terms and Conditions operates so as to exclude, limit or restrict our liability for death or personal injury.
18. Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.
19. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or
unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
20. If any provision or part-provision of these Terms and Conditions is invalid, illegal or unenforceable, we and you shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
Intellectual Property Rights
21. All intellectual property rights and goodwill relating to the contents of the Website or in Offline publications belong to either ourselves or to our suppliers.
22. In particular, the UK-AFI asserts its ownership of the trade marks displayed in relation to names, exams, qualifications and exam titles and nothing contained in these Terms and Conditions or the Website should be construed as granting by implication, estoppel, or otherwise, any licence or right to use any of the trade marks whether online or Offline without our permission. However, copying and printing of those web pages which contain the trade marks is permitted within the scope of the licence contained at "Your use of the Website" below.
Your use of the Website
23. You may download to a local hard disk and print extracts from the Website.
24. You may not copy or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work any of the content of the Website in any form (whether hard copy, electronic or other).
25. You may not frame to the Website or any part of it without our express written permission.
26. Where you have the opportunity to add or post content to the Website (including any restricted area of the Website) you must only do so to send messages and material that is proper and appropriate to it and you shall not do any of the following:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy or intellectual property rights where applicable) of others;
(b) publish, post, distribute or disseminate any material which is obscene, indecent or unlawful;
(c) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters;
(d) upload files that contain software or other material protected by intellectual property laws (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
(e) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or another's computer;
(f) upload files which contain an active hypertext link to another Website;
(g) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(h) falsify the origin or source of software or other material contained in a file that is uploaded;
(i) download any file posted by another user of the Community Area that you know, or reasonably should know, cannot be legally distributed in such manner.
27. We shall be entitled at any time to delete, remove or suspend the whole or any part of any content which Users add or post to the Website without notice and without incurring any liability.
28. We will use our best endeavors to safeguard the privacy of our users. Our data processing practices are explained below.
29. We may disclose your information, if required to do so by any legal or regulatory body. We may contact you by mail, telephone or e-mail to let you know about any goods, services or promotions which may be of interest to you. We will never sell your personal data to third parties. You have a right to ask for a copy of your information and to correct any inaccuracies. To make sure we follow your instructions correctly and to improve our service to you through training of our staff, we may monitor or record communications.
31. We reserve the right to change the terms and conditions under which the Website is offered at any time. Any such change in these Terms and Conditions will be effective once reflected in the text of the Terms and Conditions and published on the Website. You should check the Terms and Conditions periodically to ensure that you are aware of and complying with the current version.
32. The interpretation, construction, effect and enforceability of this agreement shall be governed by the law of England and Wales, and we and you agree to submit to the exclusive jurisdiction of the English courts for the determination of any dispute or claim (whether contractual or non-contractual) arising out of or in connection with this agreement or its subject matter or formation.