Terms and conditions
ECA Website and App Terms And Conditions Of Use
1. About our ECA Website and App Terms and Conditions of Use
- 1.1. These terms and conditions of use (Terms) explain how you may use this website and the MyECA App and any of its content (Site). These Terms apply between ECA (we, us or our) and you, the person accessing or using the Site (you or your).
- 1.2. You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.
- 1.3. The Site is provided by us to you free of charge for information purposes only and those parts of this Site contained within MyECA area are provided as part of ECA membership. Associateship or affiliateship, for information purposes only.
- 1.4. If you buy a subscription or membership to access restricted parts of the Site within MyECA or you order any goods, services or digital content from the Site, specific sections of these terms and conditions may apply as set out below.
- 1.5. If you would like these Terms in another format (for example: audio, large print, braille), please contact us using the contact details set out below.
2. About us
- 2.1. We are Electrical Contractors’ Association Ltd (The) registered office is at Eca Court, 24-26 South Park, Sevenoaks, Kent, TN13 1DU registered number 00143669 trading as ECA. Our VAT registration number is 899 1949 39.
- 2.2. If you have any questions about the Site, please contact us by:
- 2.2.1. sending an email to [email protected],
- 2.2.2. filling out and submitting the online form available at www.eca.co.uk/contact-us, or
- 2.2.3. calling us on 0207 313 4800 (our telephone lines are open Monday to Friday (excluding public holidays: 9 am to 5 pm).
- 2.2.4. If you have a hearing or speech impediment, you can contact us by filling out and submitting the online form available at www.eca.co.uk/contact-us.
3. Using the site
- 3.1. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
- 3.2. We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
- 3.3. We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details at the top of this page, or use the website accessibility tools available at:
- 3.4. As a condition of your use of the Site, you agree to comply with our Acceptable Use Policy and agree not to:
- 3.4.1. misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
- 3.4.2. attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site.
- 3.4.3. We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.
- 3.5. We will make every effort to ensure that the site is virus free but cannot warrant that this will be the case. You are strongly advised to use your own virus software.
4. Registration and password security
- 4.1. Use of the Site may require registration, particularly in order to access restricted areas of the Site.
- 4.2. We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.
- 4.3. You are responsible for making sure that your password and any other account details are kept secure and confidential.
- 4.4. If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
5. Infringing content
- 5.1. We will use reasonable efforts to:
- 5.1.1. delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
- 5.1.2. identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Acceptable Use Policy
when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
- 5.2. If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.
6. Your privacy and personal information
7. Ownership, use and intellectual property rights
- 7.1. The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors. The entire content of the ECA website and MyECA App, including any images or text, is copyrighted and may not be distributed, modified, reused, reposted, or otherwise used except as provided herein without the express written permission of us.
- 7.2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
- 7.3. Any document located within the MyECA section of the Site, unless it carries a specific restriction upon its use, may be copied or used for bona fide single private study or research or internal corporate information by an ECA member, associate or affiliate,
- 7.4. Subject to 7.3 above, nothing in these ECA Website and App Terms and Conditions of Use grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
- 7.5. Trademarks: The names, images and logos identifying the ECA, ECA products and services, or third parties and their products and services are subject to trademark law. Other trademarks and trade names may also be used on the Site or in the Content. Use by you of any trademarks on the Site or in the Content is strictly prohibited unless you have our prior written permission.
- 7.6. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly forbidden and may be in violation of current UK law.
- 8.1. Software may be made available for you to download in order for the Site to work better. You will be granted a limited, non-exclusive licence to use any such software, subject to you agreeing to the terms and conditions that apply to such software (sometimes known as an ‘end user licence agreement’ or ‘EULA’).
- 8.2. You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be able to download the software.
- 8.3. You should read any terms and conditions carefully. They may contain provisions that set out your legal rights (for example, under the Consumer Rights Act 2015), your legal responsibilities when using the software, the software provider’s legal responsibilities and any limitations on the software provider’s legal responsibilities to you.
- 8.4. Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any other terms and conditions that apply to it) is expressly prohibited and may result in civil and criminal penalties.
9. Submitting information to the site
- 9.1. While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
10. Accuracy of information and availability of the site
- 10.1. We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be, specifically where we are reliant on information supplied to us by third parties. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
- 10.2. We may suspend or terminate access or operation of the Site at any time as we see fit.
- 10.3. Any Content is provided for your general information purposes only and to inform you about us and our thought leadership, news, events, awareness campaigns, polls, governance issues, products and features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute specific technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
- 10.4. While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.
11. Hyperlinks and third-party sites
- 11.1. The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site and is at your own risk.
- 11.2. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to other websites or external services, or their information, products or services.
12. Limitation on our liability
- 12.1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
- 12.1.1. losses that were not foreseeable to you and us when these Terms were formed;
- 12.1.2. losses that were not caused by any breach on our part;
- 12.1.3. business losses; and
- 12.1.4. losses to non-consumers.
- 12.2. We disclaim liability for any loss or damage, direct, indirect or consequential, in contract, tort or otherwise, arising from reliance on data contained on the Site, or any actions or decisions made by you or third parties as a result of using this website or the MyECA App.
- 12.3. In no event will we be liable for any loss or damage including (without limitation) indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data, business or profits arising out of, or in connection with, the use of this website, the MyECA App, or the websites or services of other organisations.
13. Events beyond our control
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or outbreaks of human disease, epidemics or pandemics.
14. Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
- 15.1. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 15.
- 15.2. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
- 16.1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
- 16.2. If a dispute cannot be resolved using our ECA complaint handling procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
- 16.3. If you do not wish to use ADR, you can still bring court proceedings.
- 16.4. Relevant United Kingdom law will apply to these Terms. If you want to take court proceedings, the relevant courts of the United Kingdom will have non-exclusive jurisdiction in relation to these Terms.