T&C

WEBSITE TERMS


Hello and welcome to our Terms pages.

The following pages set out how we do business and what you can expect from us, whether you enter a competition or not. They are intended to bind all visitors to the Site.

We’ve tried to make them simple, but if there is anything that is not clear, please contact us.

These terms do change from time to time and we will assume that you have read them each time you visit us.

There are various parts to these terms, which are as follows:

  • Terms of Use – which apply to all visitors to the Site, whether or not you make a purchase from us.
    • Competitor Terms and Conditions – the terms which apply when you enter a Competition.
    • Juror Terms and Conditions – the terms which apply to our Jurors.
    • Privacy & Cookie Policy – which tells you how we use your personal data and cookies.
    • Definitions – where we define the meaning of certain words we use.

 

WEBSITE TERMS OF USE

These Terms apply to anyone visiting the Site, whether you order from us or not.

1.          YOU PROMISE US

You agree that:

You are over the age of 18 years.

You will have only one Account with us. 

You will not pretend to be someone else when you use the Site.

If you link to another site through us, you will read their Terms.

You will not use robots, spiders, scrapers or similar things on the Site.

You will not try to get around any things we put on the Site to stop or limit access to parts of it.

You will not do anything that might cause our systems to crash.

You will not steal the Site or any part of it for use in any other site or application.

You will not try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any of the systems we use.

You will not use our trademarks and/or designs and/or layout before asking us.

2.         INTELLECTUAL PROPERTY

2.1        We and our business partners own all of the Intellectual Property (IP) and Intellectual Property Rights (IPR) on the Site and in any plans we might produce for you. Neither the Site nor the Content may be copied, duplicated, reproduced, modified, sold or used, in any way, for any purpose without our written consent.

2.2        We will retain ownership of any and all IPR that may subsist in any plans we may produce for you.   You may not use such IPR for any purpose, whether commercial or otherwise. 

2.3        All trademarks and logos on the Site are our property (or those of our affiliates) and are protected, where we feel it necessary, by trademark, copyright and such other protection that we feel appropriate.

2.4        You may download and print any Material for your own use only, and not for any commercial or other use whatsoever.

3.         DISCLAIMERS

3.1        We are not able to promise that the Site will work how you expect it to work. We have tried to make it function in a manner which we think will match your expectations, but we are unable to guarantee that it will.

3.2        We are not able to guarantee that the Site will work with your device or will be secure.

3.3        Whilst we take reasonable precautions to ensure the accuracy of information we publish on the Site, we cannot guarantee its accuracy and suggest that, if any information is important to you, you verify it independently.

3.4        Any advice we offer on the Site is only general in nature and may not apply to you. You should seek specialist advice in connection with any use of the Products, if you are in any doubt as to such use.

3.5        If using the Site causes your device issues, unless we have caused them deliberately or recklessly, we have no responsibility to put them right.

3.6        If you link to another site through the Site, you undertake to make sure that the other site is safe to do so. We have no control over the sites we link to.

4.         AVAILABILITY OF THE SITE

4.1        We never guarantee that the Site will be available all the time and if it is not available for any reason you cannot hold us responsible for anything you lose as a result.

4.2        We have the right to change the Site and the services it offers, suspend it or stop it at any time, without compensating you.

5.         LIMITATION OF LIABILITY

5.1        As far as we are allowed by law we deny liability for any loss of all kinds which you incur from visiting the Site. You use the Site at your own risk.

5.2        Nothing in these Terms excludes or restricts our liability for death or personal injury resulting from any negligence, or fraud, on our part.

6.         LINKS TO OTHER WEBSITES

6.1        We do not control any of the websites we link to and are not responsible for their content. We have no liability if you lose anything when using such a site.

6.2        We are not responsible for evaluating other sites to which we may link from the Site. We have no responsibility or liability for the actions, contents, products or services of other sites. You agree to read and review the terms and privacy policies of all sites we link to.

6.3        A link to another site does not mean that we endorse or recommend that site.

6.4        We can never guarantee that a link that we offer will work.

7.         MODIFICATIONS TO THESE TERMS AND THE SITE

7.1        These Terms will change from time to time and we do not have the resources to let all our visitors know about the changes.

7.2        Each time you visit the Site, you agree to look at this page to see if we have changed any Terms.

7.3        We may change the Site as often as we choose, and these Terms will still apply to any changes we make.

8.         Data Protection and Privacy

You and we both agree to comply with the Privacy Notice which forms part of the Agreement.

9.         No Waiver

No failure by us to enforce any provision in these Terms will constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms. Such failure will not be deemed to be a waiver of any preceding or subsequent breach and will not constitute a continuing waiver.

10.        Severance

If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the rest of these Terms and the remainder of the provision in question will not be affected.

11.        Third Party Rights

No person who is not a party to these Terms has any rights under the Contracts (Rights of Third Parties) Act 1999.

12.        FORCE MAJEURE

No Party to these Terms, and any Agreement made under them, shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

13.        ADDITIONAL TERMS

13.1      Operative Law – These Terms and any Agreement under which they operate are made under the laws of England and Wales and that is the only jurisdiction which can govern it.

13.2      Partnership/Joint Ventures – We are not entering into a partnership or co-venture with you.

13.3      Effect – These Terms supersede all previous Terms and represent the entire understanding between you and us.

13.4      Time of the Essence – Time will not be of the essence in any part of these Terms.

13.5      Notices – If either you or we need to give formal notice to the other it must be done by email to the address each of us gives to the other from time to time.

13.6      Entire Agreement – These Terms contain the entire understanding between us.

COMPETITOR TERMS AND CONDITIONS

These terms and conditions apply to anyone entering a Competition.

1.          SUBMISSIONS

1.1        You must enter the Competition using the Entry Form we publish on the Site.

1.2        You warrant that:

1.2.1                 all information supplied to us in the Entry Form is true, accurate and correct;

1.2.2                 your Submission is your own work and that it does not contain any Intellectual Property ownership of which is the property of any third party, unless you can provide complete and proper evidence as to your right to use the same;

1.2.3                 you have the right to reproduce all and any images used in your Submission;

1.2.4                 there are no legal impediments, of any nature, which would affect your ability to publish your Submission or which would or might affect our ability to use the same under these Terms;

1.2.5                 that you are over the age of 18 years.

1.2        Your Submission must comply, in all respects, with the rules and specifications we set out in the Competition Entry Form. If a Submission does not comply, we may reject it, without refunding the Fee, provided that we give our basic reasons for such rejection.

1.3        You may submit more than one Submission but each such Submission must be the subject of a separate Application accompanied by the appropriate Fee.

1.4        You must not be one of our employees, sub-contractors and related (either by family or business) to any Juror and your Submission may not be assisted by any such person.

1.5        Your Submission should not contain any obscene, pornographic, illegal or offensive material. A breach of this term will allow us to cancel your Entry, without refunding the Fee.

2.         FEE

2.1        Unless you have paid the Fee in full, we will not accept your Submission.

2.2        Subject to Clause 8, once you have made your Submission, neither the Fee, nor any part of it, is refundable.

2.3        If we do not accept your Submission for any reason, we will refund the Fee you have paid, using the method by which it was paid, and within 14 days of our decision.

3.         INTELLECTUAL PROPERTY AND COPYRIGHT

3.1        You will retain all IPR relating to your Submission.

3.2        You grant to us a worldwide, royalty-free licence for the period of 50 years from the date we receive your Submission, to use it for marketing, publicity and any other purpose, other than to undertake the project to which it relates, and to reproduce it, either in whole or in part, in all media we, in our absolute discretion, decide to use. Such licence will apply whether or not you are awarded a Prize.

4.         JURY AND DECISIONS

4.1        The names of all Jurors will (if possible) be announced in advance. If not, they will be provided at the winner’s presentation.

4.2        We have the right to change all or any of the Jurors for whatever reason we, in our absolute discretion, shall decide. If such a change is made, we will ensure that any substitute Juror has a similar level of skill and ability as the Juror being replaced.

4.3        Should you contact any Juror, in any manner, for any reason whatsoever your Submission will be rejected, we will retain the Fee and we may refuse any further Submissions from you.

4.4        The Jurors may or may not receive payment from us. The terms of their engagement are not a matter upon which we will make any comment but we will ensure that the Jurors are competent and able to act in a manner which, in all respects, is correct for the Competition.

4.5        The manner in which the Jurors make their decision will be for the Jurors to decide but their main criterion will be the skill of the Submission, the way in which it has been presented and how close to the brief. The Jurors will expect to see a Submission which matches usual professional standards. Typically, but not always, the Submissions are evaluated using the following criteria and weights:

Design – 20%

Concept – 15 %

Practicality – 15%

Innovation / Originality – 20%

Site Location – 10%

Presentation – 20%

4.6        The decision of the Jurors is final and binding and, except in the case of a breach of these Terms, such decision may not be challenged.

4.7        We will announce the decision of the Jurors on the Site and in such other media as we, in our sole discretion, shall decide.

4.8        You agree not to publish your Submission in any form, until the decision of the Jurors has been announced. Should you do this, we may cancel your Submission and will have no liability to refund the Fee.

5.         PRIZES

5.1        Prizes shall consist of the monetary amount published in the Competition Entry Form, together with Honourable Mentions to those who, in the Jurors’ opinion, deserve the same, together, in either case with the publication of the Submission in a journal or journals of our choice and, in some cases, the use, without further payment to you, of the Submission to assist in the construction of project for which it was designed.

5.2        Cash Prizes will be paid within 21 days of the end of the Competition by bank transfer, into the account, details of which you have supplied to us in the Competition Entry Form.

5.3        There is no alternative to the Cash Prize.

5.4        Should a Cash Prize be awarded to you, and after it has been paid, we ascertain that you have broken these Terms, such Cash Prize must be returned to us, within 7 days of a demand for its return, failing which, we may take such action to recover the Cash Prize, together with all costs and administration expenses associated with its recovery and interest from the date of our demand, until the actual date of payment, at the rate of 8 per cent per annum above the base rate from time to time published by the Bank of England.

6.         ANONYMITY

            To ensure that the Jurors are presented with Submissions on an equal level, each Submission will be allocated a unique reference, to keep your personal details secret. No personal details will be shared with the Jurors until they have made and publicised their decision on the Site. You must ensure that in your Submission there is nothing which can or might be used to identify you.

7.         SPONSOR CONSTRUCTION AWARDS

7.1        If the Competition involves construction using your Submission, we will pass your details to the relevant Sponsor.  It is for you to agree terms of use of that Submission with such Sponsor.

7.2        We cannot and will not take any active part in any negotiations you undertake with a Sponsor and will have no liability for any matters, of any nature, which may arise between you and such Sponsor.

8.         EVENTS BEYOND OUR REASONABLE CONTROL

8.1        We are not liable for any failure or delay in performing our obligations under these Terms resulting from any cause beyond our reasonable control. That may include illness, lack of available facilities, pandemic, epidemic, non-performance by suppliers, any law or any action taken by a government or public authority, act of God, or any other similar or dissimilar event or circumstance that is beyond our control.

8.2        If an event such as one referred to in Clause 8.1 occurs, we will try to tell you as soon we can, our obligations under these Terms will be suspended and any time limits in them will be extended accordingly.

9.         LIMITATION OF LIABILITY

9.1        If you suffer loss or damage which is reasonably foreseeable and which was caused by our breach of these Terms or as a result of negligence on the part of our staff, we will compensate you. We will not compensate you if the loss or damage is not foreseeable.

9.2        The maximum amount we will compensate you for under these Terms, for one or a series of issues, is the total amount of Fees you have paid us.

9.3        We will not compensate you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

9.4        Nothing in these Terms is intended to or will exclude or limit liability for death or personal injury caused by negligence or fraud or fraudulent misrepresentation.

10.        CANCELLATION / ALTERATIONS

10.1      We may cancel the Competition at any time before the Jurors have made their decision, if a minimum number of 60 submissions hasn’t been reached, without any liability of any nature, but, in that event, we will return any paper Submission you have made and we will refund the Fee to you, using the method by which it was sent.

10.2     Alternatively we might extend the registration period, in order to achieve the minimum required submissions.

10.3     We may decide to extend the competition’s registrations as well as the submissions deadlines and the Jury decisions. In that case we will inform you using your registration email.

11.        GENERAL MATTERS

11.1      These Terms are made under the laws of England and Wales and that is the only jurisdiction which can govern them.

11.2      We and you agree that these Terms do not form the basis of any partnership or co-venture.

11.3      These Terms supersede any previous terms and conditions we have published and represent the entire understanding between you and us.

11.4      Time will not be of the essence in any part of any agreement between you and us.

11.5      All parties acknowledge and agree that they have not entered into any agreement between them in reliance on anything said or promised by the other which is not in these Terms.

11.6      If a Court or other body says that any part of these Terms is unenforceable, the rest of them will stand.

11.7      You may not assign the agreement to which these Terms apply, but we have the right to assign such agreement.

11.8      If either you or us need to give formal notice to the other, it must be done by email to the address each of us gives to the other from time to time.

11.9      These Terms contain the entire understanding between you and us.

JUROR TERMS AND CONDITIONS

These terms apply to all Jurors

By consenting to be a Juror you agree to the following Terms:

1.         You will not participate as a Juror if (to the best of your knowledge) any of the following statements apply:

1.1                    you are related to the Competitor in any way;

1.2                    the Competitor is an employee, sub-contractor, agent or otherwise contractually obligated to you, to any of your family members or to any entity you own or with which you are, in any way, associated;

1.3                    you are in any other way connected to the Competitor.

2.         You accept that all Submissions and all IPR in them are the property of the Competitor and you agree that you will not use any Submission or any part of any Submission, the Intellectual Property Rights in which are the property of the Competitor, in any manner, save to judge such Submission.

3.         You acknowledge and agree that we have no control over any Submission save that contained within these Terms and that, should you choose to use a Submission or any part of a Submission, the terms you agree with the Competitor, and we have no liability of any nature for all losses, claims, damages or demands arising out of such use of such Submission and that it is for you to verify that the Submission is legal, does not breach any third party rights, can be used in the manner you wish to use it and that the Competitor is the legal owner and has all rights to use that Submission.

4.         You warrant that, when acting as a Juror, you will act openly, honestly, without bias, respect the human and other rights of the Competitor and that the decision you reach is your true belief that the Submission you vote for is the best, in your judgment.

5.         You accept and agree that the acceptance of any benefit, of any nature, from a Competitor, whether before or after you have reached your decision, save that which is derived from an arm’s length contract for proper value, could amount to a criminal offence and that we have the right to report such behaviour (should we in our reasonable opinion believe it to have occurred) to the Police and to any professional body of which you are a member and that such report will not amount to any form of defamation on our part.

6.         We may terminate your appointment at any time without assigning a reason therefor.


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