2. Each Subscriber must comply and adhere to this Code in order to access and use the Website or participate in any discussion group on the Website which contains detailed information on Subscribers’ goods, services, skills, resources, requirements, opportunities, opinions, etc.
3. In order to use and participate in this Website, all Subscribers must accept this Code by clicking the “I accept” button at the end of this document. Upon such acceptance, each Subscriber will be given a unique logon ID for participation in discussion groups which may, for the purpose of security, be monitored and tracked by [Primary Engineer or other licenced vendor] or The Universe of Engineering Ltd or such party as they otherwise direct “Overseer”.
1. Basic Requirements
1.1 Each Subscriber and any material which he/she posts onto the Website or to its discussion groups (“Material”) must comply with the following basic standards:
1.1.1 All information and activities must be legal, decent and honest (in terms of Scots Law and standards);
1.1.2 Data protection legislation within Scots Law must be adhered to in order that the collection of personal information is not traded or disclosed illegally;
1.1.3 Distance selling requirements must be complied with as laid down in Scots Law;
1.1.4 Other applicable trading standards and laws and regulations as the same are created from time to time and notified to Subscribers direct and on this Website.
2. Specific Responsibilities of Subscribers
2.1 Each Subscriber is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
2.2 Each Subscriber is solely responsible for maintaining the confidentiality of its unique logon ID, and for its use. As traffic on this Website and in the discussion groups is monitored, evidence of use of the logon ID can be produced to support or defend any dispute or actionable cause or matter which arises in relation to the same.
2.3 Where Subscribers collaborate with one another as a result of use of this Website or the discussion groups, they do so as independent contracting parties. Subscribers acknowledge that the Website Owner will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.
3. Responsibilities of [Primary Engineer or other licenced vendor]
3.1 The Website Owner may check/confirm the identity of Subscribers before a logon ID is given for any Subscriber participating in discussion groups on the Website. At the renewal of Subscribers, Website Owner will reconfirm that each logon ID remains associated with a current Subscriber.
3.2 The Website Owner will manage and oversee the Website and discussion group and will appoint an “Overseer” for such purpose. This appointee will also be responsible for administering the Complaints and Sanctions Procedure specified in Section 4 below.
4. Complaints and Sanctions Procedure
4.1 The Website discussion group is a self-regulatory facility for Subscribers only and any complaint by a Subscriber will, in the first instance, be referred to the Website Overseer, who shall have all the powers of an arbiter.
4.2 The Website Overseer will deal with complaints within seven (7) days of receipt and where necessary, call upon evidence of the applicable Subscribers in dispute.
4.3 Sanctions available to the Overseer will include the following:
4.3.1 fining the guilty Subscriber;
4.3.2 suspending or expelling the guilty Subscriber;
4.3.3 referring the matter to the appropriate law enforcement agency, where the dispute is of a criminal or illegal nature;
4.3.4 referring the matter to a court of competent jurisdiction if the dispute necessitates the same (e.g. requires an interdict/injunction, seizure or similar judicial measure).
5. Indemnity and Waiver
5.1 Each Subscriber agrees to indemnify and keep indemnified the Website owner, operator and The Universe of Engineering Ltd, their successors and assigns, and each of their respective directors, officers, employees and agents (collectively “Website Owner”) from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from its use of and from any Material posted on this Website, to its discussion groups or from any other matter relating to its participation herein including but not limited to use of the information contained on the Website, from discussion groups or arising from any introduction or collaboration resulting therefrom or otherwise arising from using the Website.
5.2 Each Subscriber waives any right to bring any claim or action against the Website Owners for any loss, damage or injury arising from use of the Website or any Material from the Website or from this Code.
6. Exclusion of Warranties and Liability
6.1 The Website Owners do not warrant the content, accuracy or veracity of any Material or other information on the Website, the responsibility for which rests with each of the Subscribers as specified in Section 2 above.
6.2 Each Subscriber accepts the Website “AS IS” with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.
6.3 In no event will the Website Owners be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Subscriber’s access to, or use of the Website, any Material thereon or any goods, materials or services available therefrom, whether based in contract, tort and whether negligent or otherwise, even if any Website Owner has been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, the Website Owners’ aggregate total liability to any Subscriber for all such damages and losses shall be limited to the greater of the Website Subscriber fee (if any) paid by the Subscriber suffering loss during the twelve months preceding the event giving rise to liability or one pound (£1) Sterling.
7. Term and Termination
Each Subscriber agrees to remain bound by this Code (as amended from time to time) for as long as they remain a Subscriber of the Website and wishes to use the Website unless the Website Owner or the Website Overseer earlier terminates, suspends or otherwise limits access to the Website and/or discussion group in accordance with Section 4 above or as it otherwise deems is appropriate.
8. Applicable Law and Online Dispute Resolution
8.1 Each Subscriber agrees that this Code and any dispute arising in any way in relation to the Website will be governed by and construed in accordance with the applicable laws of Scotland.
8.2 If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by Online Dispute Resolution (ODR) before resorting to arbitration, litigation, or some other dispute resolution procedure.
9.1 In the event that any provision in this Code is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions which shall be enforceable to the fullest extent permitted by the Applicable Law.
9.2 This Code represents the entire agreement between Subscriber and the Website Owner relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding the Website.