Open Doors Website Terms & Conditions
Your attention is drawn particularly to the provisions of paragraph 9 which sets out the limits of your and our liability.
1. WHO WE ARE
1.1. The website located at www.opendoors.construction through which we may provide the Services (defined below) from time to time (the "Open Doors Website") is operated by Build UK Group Limited, a representative body for the contracting supply chain in the construction industry ("we", "us" or "our").
1.2. We are a company registered in England and Wales with company number 09598491 and have our registered office at 6-8 Bonhill Street, London, EC2A 4BX. Our VAT number is 219 0613 29.
2. WHAT IS OPEN DOORS
2.1. Open Doors is a project whereby our members invite members of the public to visit construction sites to provide an insight into the construction industry (the "Open Doors Project"). We provide an online platform (the "Services") through the Open Doors Website that connects our members ("Site Operators") who are able to open construction sites which they operate or own (an "Open Doors Site") with people and organisations ("Visitors") who would like to visit an Open Doors Site.
2.2. You (whether as a Site Operator, Visitor or user of the Open Doors Website) agree to comply with the terms and conditions set out in this document ("Terms") when accessing, using or receiving the Open Doors Website and/or the Services.
2.3. The contract entered into between you and us in respect of your use of the Open Doors Website and/or the Services is formed from the time at which you first access the Open Doors Website.
3. KEY DEFINITIONS
3.1. "Account" means a Registered User's registered account and profile on the Open Doors Website.
3.2. "Booking" means an agreement entered into between a Site Operator and a Visitor via the Open Doors Website and/or the Services under which a Visitor may visit an Open Doors Site in accordance with the terms of the applicable Listing.
3.3. "Content" means text, graphics, images, software, audio, video, information or other material or content uploaded to, displayed on or exchanged through or otherwise made available on or via the Open Doors Website and/or the Services.
3.4. "Listing" means an Open Doors Site profile listed on the Open Doors Website by a Site Operator describing details of the relevant Open Doors Site, the dates and times which the Open Doors Site may be visited and any terms and conditions to which any visit will be subject.
3.5. "Open Doors Content" means Content made available by or on behalf of us on or via the Open Doors Website or in the provision of the Services (by posting, uploading, publishing, messaging, submitting, transmitting or otherwise), including, any third party Content, but excluding Registered User Content.
3.6. "Registered User" means a user of the Open Doors Website who completes an Account registration. A Registered User may be either a Site Operator or a Visitor.
3.7. "Registered User Content" means Content made available by a Registered User or a user to us or to other Registered Users and/or users through the Open Doors Website (by posting, uploading, publishing, messaging, submitting, transmitting or otherwise).
3.8. "Site Operator" shall have the meaning set out above.
3.9. "Visitor" shall have the meaning set out above.
4. REGISTERING AN ACCOUNT
4.1. Users wishing to access certain features of the Open Doors Website and the Services, such as creating a Listing or making a Booking to visit an Open Doors Site, must create and register an Account. If you are a Visitor, registration for an Account will form part of the Booking process.
4.2. Registered Users creating an Account confirm and agree that any information provided as part of the Account registration process and any Registered User Content is, and will at all times be, accurate, complete and up to date.
4.3. Registered Users are responsible for maintaining the security of their Account details (including, without limitation, their username and password), shall treat such details as confidential and must not disclose them to any third party. If you know or suspect that anyone other than you knows your Account details, you must promptly notify us at firstname.lastname@example.org.
4.4. We have the right at any time to disable any Registered User's username or password, whether chosen by you or allocated by us, and suspend access to the Open Doors Website and/or the Services if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
4.5. You must be at least 18 years old to make a Booking and/or register an Account. Each Registered User is responsible for all actions made through or via their respective Account.
5.1. You, as a Site Operator, warrant that you have the authority to use the Open Doors Website and/or the Services and enter into any Booking you make via the Open Doors Website and/or the Services.
5.2. Where you agree to these Terms or a Booking on behalf of another person, company, partnership, organisation, group, association or other entity ("represented person") you warrant and represent that you have the authority to bind that represented person to these Terms and in such circumstances, a reference to "Registered User", "you", "your" and "user" and any other reference to an Account and/or any warranties, representations, statements, promises, acts or omissions of you are deemed to apply equally to such represented person who shall be and shall remain responsible and liable for the same under these Terms.
5.3. When as a Visitor you make a Booking which enables any individual other than you who is under the age of 18 to visit an Open Doors Site you confirm and agree that you have obtained the consent of that individual's parent or legal guardian.
6. SITE OPERATORS AND LISTINGS
6.1. As a Site Operator, you may create a Listing for an Open Doors Site.
6.2. As a Site Operator, you acknowledge and agree that you are responsible for any Listing created via your Account and accordingly you warrant and represent that, in creating and maintaining any Listing: (i) you have the unfettered right to create the Listing and offer, take and provide Bookings for the Open Doors Site on the dates and for the periods set out in the Listing; (ii) the Listing does not breach any agreement you have entered into with any third party; and (iii) the Listing is accurate, complete and up to date.
6.3. When you, being a Site Operator, receive notification that a Visitor has made a Booking to visit an Open Doors Site via the Open Doors Website and/or the Services you shall contact that Visitor by email within 48 hours of the Booking being made if you are unable to accommodate their Booking.
6.4. As a Site Operator, you represent, warrant and undertake that you shall:
- 6.4.1. at all relevant times maintain suitable and sufficient insurance, including without limitation, public liability insurance, to cover all potential liabilities arising from these Terms or any Booking including in respect of the actions or omissions of any Visitor or their representatives, guests and any other person whom you permit to access the Open Doors Site in relation to the Open Doors Project or any personal injury suffered by them or any loss or damage to their property;
- 6.4.2. carry out a comprehensive risk and method assessment of the Open Doors Site in contemplation of allowing Visitors to visit the Open Doors Site and, should any risks be identified, take all reasonable precautions to minimise those risks and ensure that the Open Doors Site is safe for Visitors prior to accepting any Booking or allowing any Visitor onto the Open Doors Site;
- 6.4.3. where you deem it necessary (acting reasonably), provide all Visitors and their respective staff, representatives, guests or any other third party under their control with suitable and sufficient personal protective equipment;
- 6.4.4. before allowing any Visitors onto the Open Doors Site, provide a comprehensive briefing to Visitors which shall include, without limitation: an explanation of the Open Doors Project, an explanation of how the visit will be conducted, any hazards that Visitors are likely to encounter during the tour of the Open Doors Site, whether there is any requirement to wear any personal protective equipment and, if so, how to use it and what to do in the event of an emergency on the Open Doors Site; and
- 6.4.5. at all times comply with the requirements, guidance and recommendations contained in the Employer’s Guides (Open Doors Co-ordinator Guide, Local Site Team Guide and Marketing/Communications and PR Guide/Toolkit).
7.1. As a Visitor, you may make a Booking to visit an Open Doors Site by using the Open Doors Website and/or the Services.
7.2. Once you, being a Visitor, have identified an Open Doors Site(s) that you would like to visit, you may make a Booking to visit that Open Doors Site(s) via the Open Doors Website on the terms set out in the Listing. If the Site Operator cannot accommodate your Booking for whatever reason, they will contact you by email within 48 hours of you making the Booking.
7.3. As a Visitor, you are responsible for satisfying yourself by studying the relevant Listing and making any enquiries of the Site Operator that an Open Doors Site meets any particular requirements that you or any other individual named on the relevant Booking may have and we make no representation or warranty in respect of any Open Doors Site or that any Open Doors Site will satisfy your requirements.
7.4. Where you make a Booking which allows for any third party to visit the Open Doors Site, you undertake to procure that those third parties are made aware of and will fully abide by the Terms and the terms of any Booking at all times and that you shall be responsible for the actions or omissions of those third parties during their visit to the Open Doors Site.
7.5. As a Visitor, you agree and confirm that you will follow the directions and instructions of the Site Operator or any of their representatives or employees, wear any personal protective equipment provided at all times while on the Open Doors Site, and not enter any part of the Open Doors Site unless directed by the Site Operator or their representative to do so.
7.6. You acknowledge that the services we provide are to enable you to make Bookings and otherwise make use of the Open Doors Website and/or the Services and that as result you acknowledge that we make no warranty or representation that:
- 7.6.1. any Site Operator has the right or ability to fulfil the terms of any Booking or allow visitors onto the relevant Open Doors Site; or
- 7.6.2. any Open Doors Site is suitable for visitors or any particular Visitor or that the Open Doors Site meets any particular health or safety standard or requirement.
7.7. You acknowledge that we have no control over and assume no liability in relation to any Open Doors Site, including without limitation, the safety and operation of any Open Doors Site or for the conduct of the Site Operator their staff, representatives, guests or any other third party under their control.
8. VISITOR BOOKING
8.1. Any Booking made between a Site Operator and a Visitor through the Open Doors Website and/or the Services is an agreement between those Registered Users.
8.2. We are not a party to any Booking or any other agreement between Registered Users and users of the Open Doors Website and/or the Services.
8.3. If there is any inconsistency between any provision(s) of these Terms and the terms of any Booking or any other term that may be agreed between a Site Operator and a Visitor, the provisions of these Terms shall prevail.
8.4. These Terms together with any supplemental document or provisions referred to and incorporated into these Terms constitute the entire agreement between us and you. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in or incorporated into these Terms.
8.5. You understand and acknowledge that we do not validate, certify or endorse any particular user, Registered User, Listing or Open Doors Site and are not responsible for the accuracy or completeness of any Registered User Content including, without limitation, information and/or materials relating to a Listing, Open Doors Site or Registered User.
8.6. We have no control over and assume no liability for the conduct of Visitors (or, in each case, as applicable, their respective staff, representatives, guests or any third party under their control).
9. WARRANTIES AND LIABILITY
9.1. We warrant that we will at all times operate the Open Doors Website and provide the Services with reasonable skill and care in accordance with these Terms.
9.2. We provide you with access to the Open Doors Website on the basis that, to the maximum extent permitted by law, and subject always to paragraphs 9.1 and 9.6, we exclude all representations, warranties, conditions and other terms whether express or implied (including, without limitation, any conditions implied by law of satisfactory quality or fitness for purpose) which, but for this paragraph 9.2, might have effect in relation to the use, inability to use, provision or results of the use of the Open Doors Website and/or the Services, any websites linked to it or any content posted or made available on or via it.
9.3. Subject to paragraph 9.6, we are not liable to any Registered User or user of the Open Doors Website, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms, the use of the Open Doors Website or the provision or receipt of the Services, for any:
9.3.1. loss of profits;
9.3.2 loss of use or corruption of software, data or information;
9.3.3 loss of sales or business;
9.3.4 loss of anticipated savings;
9.3.5 loss of or damage to goodwill;
9.3.6 loss of revenue; or
9.3.7 special, indirect, incidental, exemplary or consequential loss.
9.4. Subject to paragraphs 9.3 and 9.6, our aggregate liability to any Registered User or user of the Open Doors Website and/or the Services, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms, the use of the Open Doors Website or the provision or receipt of the Services, shall not exceed one hundred pounds sterling (£100).
9.5. Each Registered User shall be liable to us in respect of any claims, liabilities, damages, losses suffered by us resulting from:
9.5.1. a Registered User’s access to or use of the Open Doors Website or the Content in violation of the Terms;
9.5.2. our publication of any Registered User Content made available by that Registered User;
9.5.3. a Registered User’s interaction with any other Registered User including the creation of a Listing or the making of a Booking;
including, in each case above, but not limited to, any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind whatsoever and howsoever caused.
9.6. Neither us nor any Registered User or user of the Open Doors Website excludes or restricts in any way their respective liability for death or personal injury resulting from its own negligence or the negligence of its employees or agents acting in the course of their employment or agency or for fraudulent misrepresentation or in respect of any form of liability that may not be excluded or restricted at law.
9.7. You, being a Site Operator, agree to indemnify us and keep us indemnified against any and all actions, costs, claims, demands, damages, expenses (including legal fees), liabilities, losses and proceedings incurred by us as a result of any claim by any Visitor (or, in each case, as applicable, their respective staff, representatives, guests or any third party under their control) relating to personal injury, death or damage to or loss of property.
9.8. You understand and agree (whether as a Registered User or otherwise) that you are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to your use of the Open Doors Website, the Services, the Open Doors Content or the Registered User Content.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. We are the owner or the licensee of all intellectual property rights in the Open Doors Website, and in the content, material and works published on it including, without limitation, the Open Doors Content. Without limiting the generality of the foregoing, the Open Doors Website and such content, material and works are protected by copyright laws and treaties around the world and, where applicable, database rights. All such rights are reserved.
10.2. Save only in relation to use in connection with the creation of any Listing and making of any Booking, you must not use any part of the content on the Open Doors Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you copy or download any part of the Open Doors Website in breach of these Terms, your right to use the Open Doors Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
11. OPEN DOORS CONTENT AND REGISTERED USER CONTENT
11.1. Subject to our obligations under paragraph 9.1 and whilst we use our reasonable endeavours to ensure that the Open Doors Content is accurate, complete and up-to-date, we do not warrant the accuracy or completeness of the Open Doors Content which is provided "as is" and "as available" and to the maximum extent permitted by law with no express or implied warranty of availability, accessibility, accuracy or completeness and without any other representations, warranties, conditions or other terms of any kind.
11.2. Registered User Content is made available to Registered Users and users of the Open Doors Website "as is" and "as available" and to the maximum extent permitted by law with no express or implied warranty of availability, accessibility, accuracy or completeness and without any other representations, warranties, conditions or other terms of any kind. We are not responsible for and accept no liability for the accuracy or completeness of any Registered User Content including, without limitation, a Listing.
11.3. Registered Users agree not to post or make available any Registered User Content or take any action on or via the Open Doors Website, which infringes or violates the rights (including, but not limited to), intellectual property rights and/or rights in respect of any confidential information of any third party or otherwise violates any applicable law. We reserve the right to remove without notice any Registered User Content made available by a Registered User in breach of the foregoing.
11.4. Each Registered User agrees that their respective Registered User Content provided to us by them, posted on the Open Doors Website and/or provided to other Registered Users or users is and will be up-to-date, complete, truthful, accurate and not misleading.
11.6. We reserve the right to remove or disable access to any Registered User Content that we, in our sole and absolute discretion, consider to be objectionable for any reason, in violation of the Terms or any applicable law or is otherwise harmful or likely to be harmful or damaging to us, any Registered User, any user and/or any third party.
12. CHANGES TO THE TERMS AND WEBSITE
12.1. We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in the Terms may also be superseded by notices published elsewhere on the Open Doors Website or otherwise communicated to you.
12.2. We may update the Open Doors Website and/or our Services from time to time, and may change the Open Doors Content at any time.
13. APPLICABLE LAW AND JURISDICTION
13.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, these Terms or your use of the Open Doors Website and/or the Services.
13.2. The Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
14. CONTACT US
To contact us, please email email@example.com
Thank you for visiting the Open Doors Website.