“Account” means (where relevant) an account required for a User to access and/or use certain areas of the Portal.
“BBA” means the British Board of Agrément and ‘we’, ‘us’, ‘our’ or ‘ourselves’ will be interpreted in the same way
“BBA Input” means (where relevant) input of any kind posted on the Portal by BBA
“Certificate Contract” means a contract of that name between the User (as Applicant) and BBA under which BBA agrees to carry out Work in return for a Fee (as defined therein).
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information held or capable of being held on a computer including any forming part of the Portal and ‘Portal Content’ will be interpreted in the same way;
“Inappropriate Use” means behaviour which BBA believes:
(a) is sexually explicit; or
(b) promotes violence, is obscene, deliberately offensive, hateful or otherwise inflammatory; or
(c) discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age; or
(d) is intended to advertise or market any product or service (including any which is being reviewed), or is of an advertising or marketing nature; or
(e) infringes, or assists in the infringement of the Intellectual Property rights or privacy or data rights of any other person, or
(f) is in breach of any legal duty owed to a third party including contractual duties.
“Intellectual Property” copyright, patents, trademarks, trade secrets, service marks, trade names, design rights, or mask work, whether any of those are registered or unregistered and including applications for the grant of any such rights.
“Legal Requirement” means any applicable Act of Parliament and/or secondary legislation of the United Kingdom (and includes to the extent relevant, any directive or regulation of the European Union which continues in force after the United Kingdom’s departure from the European Union), any approved code of conduct or similar document issued by any industry, governmental or quasi-governmental body having supervisory control over a party.
“Parties” means BBA and the User and a ‘Party’ means either of them.
“Portal” means this BBA Portal
“Project” means the project described by the Project Scope in the User’s Certificate Contract (so called) between the User and BBA.
“Related BBA Companies” means the entities referred to in Clause 8.6.
“User” means you, the user of the Portal and “you” and “yours” will be interpreted in the same way
“User Input” means (where relevant) input of any kind posted on the Portal by a User.
1.2 Where, for a group or list of more than one item, we use particular examples of something or use the words ‘including’ or ‘in particular’ or similar words, this does not limit the type or range of items or examples included in the group or list unless the context reasonably requires different meaning.
1.3 The headings are for convenience only and do not affect interpretation.
1.4 A reference to any Legal Requirement includes it in any amended or consolidated form.
1.5 Where we have mentioned something in the singular form this includes it in the plural form and vice versa.
1.6 A reference to loss or damage means loss and/or damage of any kind, whatsoever and howsoever incurred, whether or not it was reasonably foreseeable as not unlikely to occur at any relevant time in the ordinary course of events.
1.7 Where liability for loss or damage or liability for any guarantee or warranty or representation or undertaking or obligation of any kind is limited or excluded this means it is limited or excluded to the maximum extent permitted by law.
1.9 An obligation on the User to do or not do something includes an obligation to procure the same.
2. Who we are
2.1 The Portal, www.bbacerts.co.uk, is owned and operated by BBA registration number 878293, registered office Bucknalls Lane, Garston Watford, Herts, WD25 9BA.
BBA’s VAT number is GB 207903278.
2.2 To contact us, please email us at email@example.com, or using any of the methods provided on our contact page at bbacerts.co.uk/contact-us.
3. Access to the Portal
3.1.1 will not apply to information relating to the Certificate Contract which is not accessed or exchanged via the Portal.
3.2 The information which may be accessed or exchanged via the Portal will be information relating to the User’s published certificate, to their invoice history and/or to their quotes and contract history as described further in Clause 4. Access will also be to view any other relevant information we may from time to time choose to show on the Portal.
3.3 Access will be via the email address we hold for you supported by a password which BBA will provide in the first instance for login-in or otherwise setting up an Account (where required by BBA) but which you will be invited to change for all subsequent occasions you log-in. Users will not have the right to create their own access unless it is approved by BBA.
3.4 If you choose, or BBA provides you with, a user identification code, password similar you must treat such information as confidential and must not disclose it to any third party.
3.6 When accessing or exchanging information via the Portal it is your responsibility to ensure that the information you provide is accurate, complete and is kept up to date by you.
3.7 You agree that the BBA may, in its sole discretion and at any time, terminate, suspend or restrict your access to the Portal.
3.9 If you wish to close your Account or remove any of your User Input from the Portal, the User Input in question will be deleted or anonymised in whichever way we decide is the most appropriate. Please note, however, that caching or references to your User Input may not be made immediately unavailable.
4. Use of the Portal
4.1 When using the Portal you may:
4.1.1 access, view and use the Portal in a web browser where applicable (including any web browsing capability built into other types of software or app);
4.1.2 download the Portal (or any part of it) for caching;
4.1.3 print one copy of any page(s) from the Portal;
4.1.4 download extracts from pages on the Portal; and
4.1.5 save pages from the Portal for later and/or offline viewing.
4.2 Information on the status of a Project may include:
4.2.1 the job title and job type of the Project
4.2.2 the relevant job number and status
4.2.3 the latest update from the BBA on the Project
4.3 Information on a User’s own published certificates may include:
4.3.1 the certificate title, number and date of issue
4.3.2 the certificate series to which it applies
4.3.3 the next surveillance/review date of the certificate
4.3.4 the pdf version of the certificate.
4.4 Information on a User’s invoicing history may include:
4.4.1 invoice date, invoice number and associated PO number
4.4.2 job number for the invoice
4.4.3 the invoice total, the amount outstanding and the due date for payment
4.4.4 the invoice status
4.5 Information on a User’s quotes and contract history may include:
4.5.1 the associated BBA reference number
4.5.2 the date of issue of the quote or contract
4.5.3 the document type (ie. a contract or quotation) and a general description.
4.5.4 the document status (whether open, pre-contract or agreed or other)
4.5.5 a copy of the document.
4.6 You may establish a link to any home page on the Portal providing that you do so in a way that is fair and legal and does not damage or take advantage of the BBA’s reputation. You may only establish a link from a source which is owned by you.
4.7 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of BBA where none exists.
4.9 Where the Portal contains links and references to other Portals or to websites, these are provided for your information only. We have not attempted to verify their truth or accuracy and do not accept any responsibility for them or their content. You access any such links entirely at your risk.
4.10 We may update the Portal and may change the Content at any time. However, please note that any of the Content on the Portal may be out of date at any time and we are under no obligation to update it.
5. Prohibited Use
5.1 Your use of the Portal must not in our sole opinion:
5.1.1 be false, inaccurate or misleading;
5.1.2 infringe any of BBA’s or any third party’s Intellectual Property rights or rights of publicity or privacy;
5.1.3 be fraudulent or unlawful;
5.1.4 be in breach of any Legal Requirements, licences or third party rights.
5.2 You must not transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
5.3 You must comply with the requirements of Clause 7.
5.4 In addition to our rights to terminate, suspend or restrict access to the Portal under Clause 3.7 you agree that if in our sole opinion your behaviour constitutes Inappropriate Use or you breach any of the prohibitions in Clause 5.1 to 5.3 we may:
5.4.1 issue you with a written warning; and/or
5.4.2 take legal proceedings of any kind including for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach; and/or
5.4.3 disclose such information to law enforcement authorities as BBA deem reasonably necessary; and/or
5.4.4 take any other actions that BBA deems reasonably appropriate and lawful.
6 Information Rights and Confidentiality
6.1 The Portal Content, the BBA Input and any documents which can be downloaded from the Portal are protected by copyright, and BBA either owns or has a licence to use such copyright.
6.2 In particular, the trade marks, logos, and service marks (Marks) displayed on the Portal (including on any documents which can be downloaded from the Portal) are the property of BBA or other third parties. Except as permitted under this Clause 6, you are not permitted to use the Marks without the prior written consent of BBA or such third party that may own the Marks. Marks of BBA include, but are not limited to, British Board of Agrément, BBA, Agrément Certificate, BBA Certificate, HAPAS and HAPAS certificate.
6.3 BBA grants you a non-exclusive, non-transferable licence to access and use the Portal (including any documents which can be downloaded from the Portal) to do any of the acts covered by Clause 4 provided your use also complies with Clause 6.4 to 6.7 and does not conflict with BBA’s Website Terms and Conditions or with the terms of any licence or permission under the Certificate Contract.
6.5 You may download any Content from this Portal to a local hard disk and print off one copy for your own internal business purposes (as appropriate). You may not however supply copies of any Content downloaded from the Portal to any third party for commercial purposes or financial gain except where agreed in the Certificate Contract or where we have given a separate permission for you to do so.
6.6 You must not modify any paper or digital copy of any material you have printed off or downloaded from the Portal in any way and you must not use any illustrations, photographs or graphics separately from any text which accompanies it on the Portal.
6.7 BBA’s status (and that of any identified contributor) as author of the Content on the Portal must always be acknowledged.
7 Viruses, Malware and Security
7.1 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
7.2 In addition to the requirements of Clause 5, you must not:
7.2.1 knowingly introduce any material which contains viruses, Trojan horses, worms or other material which is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware. In particular, you must not attack the Portal by means of a denial of service attack, a distributed denial of service attack, or any via other technologically harmful material.
7.2.2 interfere in any way with the proper working of the Portal and in particular you must not circumvent security, tamper with, hack into or disrupt the operation of the Portal or surreptitiously intercept, access without authority or expropriate any system, data or personal information as described in our Data Privacy Notice or as specified in any applicable Legal Requirement.
7.2.3 cause the Portal to be interrupted, damaged, rendered less efficient or impair the effectiveness or functionality of the Portal in any way.
7.3 By breaching the provisions of Clause 7.2 you may be committing a criminal offence under the Computer Misuse Act 1990. In addition to its rights under Clause 3.7 and 5.4, BBA will report such breaches to the relevant law enforcement authorities and BBA will cooperate fully with those authorities by disclosing your identity to them.
8.1 The Portal Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking any action on the basis of such Content. BBA will not be liable for the content of any links which are linked to the Portal. Such links are also provided for general information only and must not be interpreted as endorsement by BBA of the same.
8.2 BBA gives no guarantees, warranties, representations, undertakings and assumes no obligations in respect of the matters referred to in Clauses 8.3 and Users agree that they are responsible at their sole risk for those matters.
8.3 The matters referred to in this Clause 8.3 are any or all of the following:
8.3.1 the availability of or access to the Portal for any reason.
8.3.2 the accuracy or use of any links on or which may be accessed via the Portal.
8.3.3 the operation of the Portal, the operation or accuracy or use of any Content (including, as to its suitability or fitness for any purpose), the documents, services, timescales or completion dates for any tasks contained on or referred to on the Portal and/or referred to in any Content.
8.3.4 the existence or non-existence of errors, bugs or viruses, the likelihood that any distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Portal or your downloading of any Content on it or on any link to it.
8.4 In no event will BBA be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising from:
8.4.1 use of, or inability to use or the suspension of use of the Portal including where due to any of the matters referred to in Clause 8.3; or
8.4.2 use of or reliance on information presented in any Content displayed on the Portal.
8.5 In particular, the exclusion in Clause 8.3 extends to an exclusion for:
8.5.1 loss of profits, sales, business or revenue;
8.5.2 business interruption or delay;
8.5.3 loss of data or of anticipated savings;
8.5.4 loss of business opportunity, goodwill or reputation; or
8.5.5 any indirect or consequential loss or damage.
8.6 Where in order to access or exchange information under Clause 3 or Clause 4 you have needed to interact with BBA Consultancy, Investigation & Training Limited, BBA (EU) Certification Limited or with any other trading entity connected with BBA as part of the same trading group (related BBA Companies) the obligations of any of the related BBA Companies will not be wider than the scope of BBA’s obligations hereunder and the exclusions and limitations of liability for loss or damage in this Clause 8 shall also apply in favour of those related BBA Companies.
10 Non-Waiver and Third Parties
12 Entire Agreement, Governing Law and Jurisdiction