Terms and Conditions

1. Introduction

This Agreement is a legal document which sets out your rights and obligations, and those of the Environmental Association for Universities and Colleges (EAUC, "we" or "us"), in relation to this site and the services offered by EAUC through it. By registering for use of the EAUC website services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to the EAUC website who do not register to become a Member or a Shopper (see 2 below) similarly affirm that they are bound by this Agreement each time they access the EAUC website. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.

2. Types of membership

People who register for the EAUC website become "Users". They must be at least 18 years of age. The Membership divides between those who pay our fee for an annual membership, either Educational Membership or Associate Membership (which we call "Members"), and those who do not ("Shoppers").

As well as being able to browse the EAUC website like any visitor to it, Users may:

- receive email messages, which will be sent to the email address provided during Registration and may be updated subsequently; and

- opt to receive emails selected during the Registration process (as added to, or de-selected, subsequently),

We are not an internet service provider, however. In order to avail of the EAUC website, you must have internet access and all the software (and skills) required for email and web usage.

3. Membership

If you join to become a Member, and therefore pay our Membership fee, you are agreeing to take the Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee. Your Membership will last for twelve months. If you wish to continue with Membership after the expiry of that twelve month period, we will enable you to do so, at our then-current terms and prices. But please note that we reserve the right to change the amount of the fee for Membership, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect your then-current Membership.

4. Registration

You undertake to register for the EAUC website using accurate and current information about yourself and your organisation – including your correct name, address and any other requested details. If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it (if not we are entitled to charge you an appropriate fee). As part of the registration process for the EAUC website, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.

5. Privacy policy

EAUC’s Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the EAUC website (including any which contain personal information) is, of course, accessible to internet users around the world.

6. EAUC’s Role

You, whether you are a User or Visitor, who visits the EAUC website acknowledge that we are not and cannot be responsible for the behaviour of Users - whether on the EAUC website or outside of it. We only provide a venue where the EAUC website may be accessed. In particular, you should be aware that the EAUC does not pre-screen or monitor the material contributed.

7. Additional services

EAUC or its affiliates may offer new or additional services through the EAUC website from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the EAUC website in an appropriate manner (as determined by the EAUC in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.

8. Operation of EAUC website

The EAUC reserves the right to withdraw or modify one or more aspects of the EAUC website where we have legal or technical reasons to do so (including technical difficulties experienced by the EAUC or on the Internet). There may also be times when the EAUC website becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the EAUC website. EAUC does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, and reliability of the materials. This site may contain links to other sites, please be aware that EAUC is not responsible for the privacy practices of such other sites and takes no responsibility for their content or availability.

9. Misuse of EAUC website

We reserve the right (a) to suspend or terminate any User’s access to the EAUC website, or parts of it, and/or (b) to edit, or require the User to edit, material posted on the EAUC website, if the relevant User or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the EAUC website without our prior consent. You are responsible for everything which is done on or through the EAUC Website while your account is logged on to the EAUC website, or through your email address(es).

10. Relevance

The EAUC website is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:

- place material on, or otherwise use, the EAUC website for any business or commercial purpose; or

- use your access to the EAUC website, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

11. Fees

(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant EAUC service.

(ii) Fees stated on the website are correct, although, from time to time, pricing errors may occur. Where this is the case, the EAUC shall charge the correct agreed fees.

We may add new or ancillary services from time to time which require the payment of fees – either to us or a nominated third party – on terms which will be provided to you at the time.

12. Refunds

Refunds for fees paid will only be given at the discretion of the EAUC, unless the services for which the User has subscribed is completely withdrawn by us other than in circumstances permitted under this Agreement. Certain services, such as events, may have specific Terms & Conditions which shall prevail.

13. Prohibitions

You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the EAUC website, nor any activity or communication you make in connection with any EAUC website, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.

14. Withdrawal of material and alerting the EAUC

Each User acknowledges that we are entitled to withdraw any material on the EAUC website which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the EAUC website into disrepute. However, each User acknowledges that we do not monitor material which appears on the EAUC website, and that we are reliant upon you and all Users to notify us of anything you see here which appears likely to breach this Agreement. If you see anything on the EAUC website which appears to infringe this Agreement, then please contact us to inform us by emailing us at info@eauc.org.uk.

15. Disclaimer and Release

The EAUC has no control over or responsibility for the truth or accuracy of any material available on the EAUC website, whether provided by Members or others.

- If any third party sites are linked to from the EAUC website, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.

- You should exercise no lesser degree of caution in appraising what you see on the EAUC website than you do offline.

- Even though Users are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.

- Your use of the EAUC website is entirely at your own risk.

Accordingly, to the extent that the law permits, you release the EAUC, its Trustees, contractors and employees from all liability for any damages including without limitation, indirect or consequential damages, or any damages whatsoever arising from the use or in connection with such use or lose of use of the site, whether in contracts or in negligence, including the material supplied by Users and other third parties.

16. Intellectual Property

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the EAUC Website (excluding the material which is contributed by Users) are owned by the EAUC. Users who may copy, distribute, show in public or create any derivative work from the EAUC website, or any of the material which is found on the EAUC website, must acknowledge the EAUC and obtain any necessary license or permission from third parties, as appropriate, to do so.

By submitting any material to the content to the EAUC website, you:

- are representing that you are fully entitled to do so;

- grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and

- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

17. Excluded loss

We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). The EAUC will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

18. Indemnity

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the EAUC website.

19. Entire Agreement

This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the EAUC website and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

20. Changes to this Agreement

The EAUC reserves the right to change this Agreement from time to time, and post the new version on the EAUC website. When we do so, we will notify you of the fact that there are changed terms on the main screen (www.eauc.org.uk), and the new version of these terms and conditions will take effect, and will govern all EAUC websites.

21. Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

22. Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

23. Contact

You can contact us by post at EAUC, University of Gloucestershire, The Park, Cheltenham, Gloucestershire GL50 2RH . If you wish to pay by cheque please make them payable to ‘The Environmental Association for Universities and Colleges’. Alternatively, email us at info@eauc.org.uk. Please make sure you include your email address with all correspondence.

Delivered by EAUC