myAPCDiary Terms of use

Effective of 1st June 2014

These Terms of Service ("Terms") govern your access to and use of myAPCDiary ("myAPCDiary", "we" or "our") websites, services, and applications (collectively the "Service") provided by Construction Diaries Limited. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

1. YOUR USE OF THE SERVICE

By accessing or using the Service you agree to be bound by these Terms. If you are using the Services on behalf of an organisation or entity ("Organisation"), then you are agreeing to these Terms on behalf of that Organisation and you represent and warrant that you have the authority to bind the Organisation to these Terms. In that case, "you" and "your" refers to you and that Organisation.

You may use the Service only if you can form a binding contract with Construction Diaries Limited, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Service may change from time to time as we evolve, refine or add more features to the Service, often without prior notice to you. In addition, Construction Diaries Limited may temporarily or permanently stop providing the Service, or any features within the Service, to you, or to users generally, and may not be able to provide you with prior notice.

2. YOUR CONTENT

Large areas of the Service allow you to upload information and text ("Content" or "your Content"), and to share your Content with others. You retain ownership of your Content, but there are many things that users may do with your Content, for example, copy it. Construction Diaries Limited has no responsibility for that activity. You understand that publishing your Content on the Service is not a substitute for registering it with the U.K. Intellectual Property Office, the Writer's Guild of Great Britain, or any other rights organisation.

You agree that any Content that you upload does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.

You retain full ownership to your Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free licence (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute such Content in connection with providing the Service to you and other users. In connection with providing the Service, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of myAPCDiary, its users and the public.

3. YOUR ACCOUNT

You must provide us accurate information when you create your myAPCDiary account. Your myAPCDiary account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organisations. If you connect to myAPCDiary with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another user's account without permission.

4. ACCOUNT SECURITY

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with Construction Diaries Limited or a third-party service. We encourage you to use "strong" passwords that use a combination of upper and lower case letters, numbers and symbols with your account. You agree not to disclose your password to any third party. Construction Diaries Limited cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify APCDiary.com immediately upon becoming aware of any breach of security or unauthorised use of your account.

5. myAPCDiarys LICENCE TO YOU

Subject to these Terms, Construction Diaries Limited gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive licence to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this licence at any time for any reason or for no reason.

6. myAPCDiary PROPERTY, COPYRIGHTS AND FEEDBACK

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Construction Diaries Limited and its licensors. The Service is protected by copyright, trademark, and other laws of England and Wales and foreign countries. Nothing in the Terms gives you a right to use the myAPCDiary name or any of the myAPCDiary trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding myAPCDiary, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

7. USE OF CONTENT

All Content in or on the Service is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content. Under no circumstances will myAPCDiary be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service.

You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. myAPCDiary will not be responsible or liable for any use of your Content by myAPCDiary in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to upload your Content for use in accordance with these terms and conditions.

8. ACCEPTABLE USE OF myAPCDiary

myAPCDiary is trusted by its users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to, do the following things:

  • use the Service for any unlawful purposes or for promotion of illegal activities;
  • post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
  • impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • publish or post other people's private or personally identifiable information, such as credit card numbers, street address or National Insurance, Social Security or National Identity numbers or the like, without their express authorisation and permission;
  • send unsolicited communications, promotions or advertisements, or spam;
  • access, tamper with, or use non-public areas of the Service, Construction Diaries Limited's computer systems, or the technical delivery systems of myAPCDiary's providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
  • interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. International users agree to comply with all local laws regarding online conduct and acceptable content.

We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.

9. PRIVACY

We care about the privacy of our users. By using the Service, you agree that we may collect, use and share personally identifiable information and non-personally identifiable as described in our Privacy Policy.   

10. THIRD-PARTY LINKS

The Service may have links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any of these third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of those sites. You expressly relieve Construction Diaries Limited from any and all liability arising from your use of any third-party website, service, or content and agree that your dealings with any third-party website, service, or content is only between you and such third parties. You agree that we are not responsible for any loss or damage of any sort in your dealings with such advertisers.

11. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Construction Diaries Limited and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from your use of and access to the Service, including any data or Content transmitted or received by you, any other party's access or use of the Service with your username and password, or your violation of these Terms, applicable law, rule or regulation.

12. MODIFICATIONS

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material to you we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or Terms page, so please check those pages regularly. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

13. NO WARRANTY

The Service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Construction Diaries Limited and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. 

14. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Construction Diaries Limited, its affiliates, agents, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will construction diaries limited be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, construction diaries limited assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall construction diaries limited, its agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to company hereunder.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Construction Diaires Limited has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The Service is controlled and operated from its facilities in the United Kingdom. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable English and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United Kingdom, or are a foreign person or entity blocked or denied by the United Kingdom government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United Kingdom.

15. MISCELLANEOUS LEGAL TERMS

These Terms and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

You agree that the Service is based in the United Kingdom; and these Terms are governed by the laws of the England and Wales. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

These Terms, together with any amendments and any additional agreements you may enter into with Construction Diaries Limited in connection with the Service, will constitute the entire agreement between you and Construction Diaries Limited concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such Term or any other Term, and Construction Diaries Limited's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

We may provide notifications, whether these are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. 

Please contact us at info@APCDiary.com with any questions regarding these Terms.

16. CANCELLATION AND REFUNDS

16.1. Cancellation and Refunds of Digital Subscriptions

You can change or cancel your digital subscription at any time by calling emailing info@APCDiary.com with your name and RICS number.

COMPANIES PLEASE NOTE:  Subscriptions are unique to the original account holder at the time of initial set-up and non-transferrable.  If you are a company paying for an employee who then subsequently leaves your employment our service does not cease to the individual employee until the next billing cycle.  Therefore if the company is paying for the annual or lifetime subscriptions it is the responsibility of the company to recoup any losses from the departing employee as we cannot transfer the subscription to another account holder as it is unique to the original account holder. 

Monthly,Annually, Lifetime  subscription

When you cancel a subscription based on a monthly cycle, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period.

When you cancel a subscription based on an annual cycle, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period (12 months from the date of your payment).
There is no effective cancellation period on a subscription based on a lifetime payment, as it is a one-off payment for life and has no further billing cycle.  
 

Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your product for the remainder of the current billing period.

We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Cancellations by Us

We reserve the right to suspend or terminate your subscription or product for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances. If any or all of our digital products are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

16.2. Changing Your Subscription

When you change your subscription, you will receive a pro-rated credit toward your new subscription.

Contact

66/67 Newman Street
London
W1T 3EQ

Inquiries:
info@APCDiary.com