These Terms and Conditions govern your use of the OPERC website (the "OPERC Site") and your relationship with The Off-Highway Plant and Equipment Research Centre ("OPERC", "we" or "us"). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the OPERC Site. If you have any questions on the Terms and Conditions, please contact [email protected].
1 Use of the OPERC Site
1.2 Where goods or services are purchased on the OPERC site these are on the basis of our Terms of Supply. Where there is any conflict between our Terms of Supply and these Terms and Conditions our Terms of Supply shall prevail but only in respect of the subject matter to which they relate.
2.1 We may update these Terms and Conditions from time to time. Any changes will be notified to you via the e-mail address provided by you on registration or by a suitable announcement on the OPERC Site. The changes will apply to the use of the OPERC Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the OPERC Site. If you continue to use the OPERC Site after the date on which the change comes into effect, your use of the OPERC Site indicates your agreement to be bound by the new Terms and Conditions.
3.1 To register on the OPERC Site you must be over eighteen years of age.
3.2 You must ensure that the details provided by you on registration or at any time are correct and complete.
3.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
3.4 By submitting a registration form, you agree to be bound by our Terms and Conditions.
3.5 By registering on our site, you agree to pay our membership charges at the rate applicable from time to time and stipulated on the site.
3.6 If you fail at any time to pay any membership charges due in accordance with these Terms and Conditions we may, in our discretion and without prejudice to our other rights, deny you access to those areas of our site which are exclusively available to members. We need not provide you with advance notice in such circumstances.
4 Password and security
4.1 When you register to use the OPERC Site we will create you a password and username. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone; indeed, we recommend that you change your password as soon as you have it. If you know or suspect that someone else knows your password you should notify us by contacting [email protected] immediately.
4.2 If OPERC has reason to believe that there is likely to be a breach of security or misuse of the OPERC Site, we may require you to change your password or we may suspend your account.
5 Intellectual property
5.1 The content of the OPERC Site is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of the OPERC Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the OPERC Site without written permission from the OPERC.
6 Your use of the OPERC Site
6.1 You may not use the OPERC Site for any of the following purposes:
6.2 You will be responsible for our losses and costs resulting from your breach of this clause 6.
6.3 OPERC and our logos on the OPERC site are trade names of OPERC. You may not use our name or logo without our prior written consent.
7 Availability of the OPERC Site
7.1 Although we aim to offer you the best service possible, we make no promise that the services at the OPERC Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the OPERC Site you should report it to [email protected] and we will attempt to correct the fault when we reasonably can.
7.2 Your access to the OPERC Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service when we reasonably can.
8 OPERC's right to suspend or cancel your registration
8.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
8.2 You can cancel your registration at any time by informing us in writing at [email protected] If you do so, you must stop using the OPERC Site.
8.3 The suspension or cancellation of your registration and your right to use the OPERC Site shall not affect either party's statutory rights or liabilities.
9 OPERC's liability
9.1 The OPERC Site may provide content from other providers or resources and while OPERC tries to ensure that material included on the OPERC Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we believe there are any inaccuracies in the material on the Site we will attempt to correct the inaccuracies when we reasonably can.
9.2 If you find any inaccurate information on the OPERC site please let us know by e-mail to [email protected]. Where we agree, we will attempt to correct the inaccuracies when we reasonably can.
9.3 We do not represent or warrant to you that the OPERC site or any of its contents will be accurate, up to date, complete or reliable. The OPERC site contains a large amount of statistical data and there will inevitably be errors in it.
9.4 We do not represent or warrant that:-
9.5 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:-
9.6 Our maximum liability to you in respect of your use of our site or any services we provide or make available to you through or in relation to our site will be the amount of any subscription fees paid by you during the year in which the liability arose. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
9.7 You agree that each of these limitations is reasonable having regard to the nature of the OPERC site and in particular given that when you purchase information, goods or services through the OPERC site you will enter into a separate contract with the supplier in each case.
9.8 None of the exclusions or limitations in this clause 9 shall exclude or restrict our liability for death or personal injury caused by our negligence.
9.9 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of the OPERC site goods or services to you.
9.10 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these Terms and Conditions.
9.11 You should verify any information on the OPERC site (before relying upon it). No person in our employment has any authority to make or give any representation or warranty whatsoever in relation to any matter.
9.12 Any options, advice, statements, services offers or other information or content expressed or made available by third parties, including information providers or users, are those of the authors and not of us. We do not necessarily enclose nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the OPERC site.
10 Third Party Websites
10.1 As a convenience to users, the OPERC Site includes links to other web sites or material which is beyond its control. OPERC is not responsible for content on any website outside the OPERC Site.
11 Advertising and Sponsorship
11.1 Part of the OPERC Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the OPERC Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
12 Applicable Law
12.1 These Terms and Conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
13 International Use
13.1 We make no promise that materials on the OPERC Site are appropriate or available for use in locations outside the United Kingdom, and accessing the OPERC Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
14.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions.
14.2 If you breach these Terms and Conditions and OPERC chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
14.3 OPERC shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
OPERC Site is owned and operated by Dr David Edwards, PO Box 5039, Dudley, West Midlands, DY1 9FQ.
14.4 If you have any queries please contact OPERC Administration, by e-mail to [email protected].