Website terms and conditions
These Terms and Conditions (“Terms”) govern your use of the website https://www.imcse.org/ (the “Site”).
1 Information about us
IMCSE is an association representative body for its Members engaged in the munition clearance and search professions. Registered address: Fenix Insight Ltd, Unit 14 Borers Yard, Borers Arms Road, Copthorne, Crawley, West Sussex, RH10 3LH
The services available to you through the Site are made available to you by IMCSE.
2 Changes to the Terms
Your use of this Site after any changes are posted constitutes your agreement to those changes as permitted by local law. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. IMCSE may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that IMCSE will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
3 Your Personal Data
IMCSE is committed to protecting and respecting your privacy.
For more information on how IMCSE collects and uses your personal information, please review the applicable privacy policy; please also review our Cookie Policy.
4 Terms of Site use
4.1 Terms
These terms of site use (together with referenced documents) detail the terms under which you may make use the Site. Use of the Site includes accessing, browsing, or registering to use the Site.
Please read these Terms before commencing use of the Site. Use of the Site is confirmation that you accept and agree to comply with these terms of use.
4.2 Changes to our Site
We may update our Site and change the content at any time.
We do not guarantee that our Site, or any content on it, will be free of errors or omissions.
4.3 Accessing our Site
Access to the Public section of our Site is available free of charge; the Members Only section is available to paid up IMCSE Members only.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms, and that they comply with them.
4.4 No reliance on information
The content on our Site 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, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Site is accurate, complete or up-to-date.
4.5 Disclaimer of Warranty
IMCSE does not warrant or represent that the content at the Site is accurate, or that the Site’s operation will be error-free or uninterrupted, or that it will be free of viruses or other harmful components. You use the Site at your own risk. IMCSE does not represent or warrant that your use of materials displayed on this Site will not infringe rights of Third Parties. Information published at this Site may refer to products, programmes or services that are not available in your country. Without limiting the foregoing, the Site is provided “AS IS” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow exclusion of implied warranties, so some of the above exclusions may not apply to you.
4.6 LIMITATION OF LIABILITY
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL IMCSE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL IMCSE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND IMCSE’s REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMMES, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL IMCSE OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF IMCSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether expressed or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any Site linked to it.
We assume no responsibility for the content of Sites linked on our Site. Such links should not be interpreted as endorsement by us of those linked Sites. We will not be liable for any loss or damage that may arise from your use of them.
4.7 Release
To the extent permitted by applicable law, you hereby release and forever discharge IMCSE (and our members, officers, employees, volunteers, agents, successors, and assignees) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).
4.8 Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Site, and of the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any proprietary right displayed on the Site, without the written permission of its owner.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
is a UK registered trade mark of IMCSE. You are not permitted to use our trade mark without our approval.
4.9 Viruses
We do not guarantee that our Site will be secure or free from bugs or viruses. You use the Site at your own risk and the Site is provided “as is.”
You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own anti-virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not 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. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
4.10 Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any Site that is not owned by you. Your linking to this Site, off-site pages or other websites is at your own risk.
Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Site other than that set out above, you must contact info@imcse.org.
4.11 Third Party links and resources in our Site
Where our Site contains links to other Sites and resources provided by Third Parties, these links are provided for your information only. We are not responsible or liable for, and do not endorse, the content or operation of such Third-Party websites, including but not limited to the advertising, products or other materials on or available from such websites or resources.
We have no control over the contents of those Sites or resources.
4.12 Applicable Law
If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland you may also bring proceedings in Scotland.
If you are a business, these terms of use, its subject matter and its formation (and any non‑contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
4.13 Social Networks
Our Site includes features that operate in conjunction with certain Third-Party social networking Sites that you visit (“Social Network Features”). While your use of the Social Network Features is governed by these Terms of Use, your access and use of Third-Party social networking Sites and the services provided through these Sites is governed by the terms of service and other agreements posted on these Sites. It is impossible for IMCSE to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on these Third-Party Sites. You understand and acknowledge that your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these Third Party Sites which could result in the termination of your account and ability to access these Third Party Sites and, in some cases, could give rise to liability for damages. You agree that you alone are responsible for your use of the social network features and that IMCSE will not be liable to you or anyone else for your violation or breach of any terms of service or other agreement that may result from your use of the social network features.
4.14 Indemnification
To the extent permitted by law, you agree to indemnify, defend and hold IMCSE harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Site or any breach by you of these Terms of Use or any other policies that IMCSE may issue for the Site from time to time.
4.15 Injunction
You hereby agree that IMCSE would be irreparably damaged if the terms of these Terms of Use were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies as we may otherwise have available to us under applicable laws.
4.16 Binding Arbitration
The provisions of this clause 4.16 do not apply if you are a consumer accessing the Site from the European Union.
You agree that any controversy or claim arising out of or relating to the Site, use of the Site, and/or these Rules shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
4.17 Severability; Waiver
If, for whatever reason, any term or condition in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms of Use is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
4.18 Entire Agreement
These Terms of Use, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to our Site and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to our Site.