Open Inspire Free Access Terms of Service

This is a legal agreement between you and Ove Arup & Partners International Limited (“Arup”). It sets out the sole basis on which you may use our Open Inspire online tool (“Service”). By using the Service (‘Open Inspire’), you are deemed to have accepted the terms of this agreement. Please note that this agreement does not apply to the paid-for subscription version called Arup Inspire; the terms of using Arup Inspire are available here.

Please read these terms carefully. They contain important information about your account and the rights and liabilities of you, Arup and other users of the Service (“Other Users”). To help with your understanding of this agreement, we have preceded some key terms with non-binding summaries in italics.

Arup may make changes to the Service and/or these terms and conditions from time to time by updating this page. Whilst we will try to notify you of any material changes, we may not notify you of every change. You should check this page from time to time to ensure you remain happy with these terms.

Where you are using the Service, references to “you” in these terms and conditions refers to you as an individual.

If you have any queries or would like to give notice of any matters under or in connection with these terms and conditions, please contact us at [email protected].

Your Account

1. Subject to you complying with these terms and conditions, you have a non-exclusive, non-transferrable right to access and use the Service throughout the duration of this agreement.
2. You will need to set up an account in order to use the Service. To do this, you will need to provide us with certain information, including your name, an email address, user type, name of organisation, sector and password (“Account Information”).
3. You undertake that each login will only be used by one individual person. A single login shared by multiple people is not permitted.
4. The Account Information must be current, accurate and complete, and you must ensure it remains so for as long as your account is active.
5. Some of your Account Information may be viewable by Other Users, and used by Arup and Other Users to communicate with you. Note that this will only be as part of ordinary use of the Service whereby Users may be able to see the names of Other Users if they have added a comment to an Insight, or if they have suggested an Insight; sensitive information such as encrypted passwords will not be shared with Other Users by Arup, and we will only share email addresses if you expressly authorise us to.
6. Arup shall exercise reasonable skill and care to ensure that the Service contains appropriate administrative, physical, and technical safeguards for protection of the security and integrity of your Account Information. Otherwise, you are responsible for maintaining the security of your account and any associated password(s). Arup cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
7. Your account must be managed by a human being at all times. Arup does not allow for accounts to be set up or operated by “bots”.

Use of the Service

Summary: You must not use the Service in any improper way, including using software to interfere with the site and its content or harvest information. Certain aspects of the Service’s operations (such as hosting) are carried out by third parties, and you consent for us to disclose/transmit data and information as necessary to those parties in order to properly run the Service.

We may delete or disable your account if you breach any term of this agreement.

8. You are responsible for all activity that occurs under your account, even when it is used by others who have logins under your account or by unauthorised third parties. You must never:
   1. use the Service for any illegal or unauthorised purpose;
   2. in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws);
   3. modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Arup, or any of Arup’s affiliates, projects or other services;
   4. reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Arup;
   5. directly or indirectly use your account in order to upload, post, host, or transmit unsolicited email, SMSs, "spam" messages or any material that is offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable;
   6. transmit any worms or viruses or any code of a destructive nature; or
   7. otherwise interfere with the proper working of the Service, or with Other Users’ use of the Service.
9. You understand and agree that:
   1. Arup uses third parties to provide the necessary hardware, software, networking, storage, related technology third-party vendors and hosting required to run the Service; and
   2. the technical processing and transmission of the Service, including your Account Information, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
10. Arup is not obliged to maintain the Service indefinitely, and we may cease providing the Service at any time without notice. If any technical support functions are provided, they are done so entirely at Arup’s discretion.
11. You may not access the Service:
    1. other than through the documented user interface;
    2. through any program code that is not currently a part of the Service; or
    3. By way of any form of “screen scraper” or other automated process, particularly in relation to the Service’s human-machine interface.
12. Arup may, without incurring any liability to you, temporarily disable or permanently delete your account and/or terminate this agreement at any time if you breach any term of this agreement.

Content Created by Others

Summary: Arup has no responsibility for content produced by others. Although we curate and moderate material hosted on the Service, we can’t guarantee that you will never be exposed to controversial or objectionable content authored or contributed by third parties. You similarly take responsibility for any and all material you post or upload under your account.

13. Any opinions, thoughts, ideas, plans or strategies expressed by third parties on or in relation to the Service are solely those of the relevant third party/ies, and do not reflect those of Arup. Whilst Arup prohibits offensive conduct and content on the Service, Arup cannot be responsible for all content on the Service, and you nonetheless may be exposed to such materials. In this regard, you agree to use the Service entirely at your own risk, and acknowledge that Arup shall have no liability to you in relation to content uploaded by third parties on the Service. You are responsible for all content posted/inputted by you and activity that occurs under your account (even when such content is posted by others who have accounts under your account or by unauthorised third parties using your account), including actual or alleged infringement of intellectual property.

Rights to Content – Definitions

Summary: definitions of content which relate specifically to the licences in this agreement, for ease of reference.

14. In this agreement:
    1. “Material” means any and all written works, software, scripts, code, models, graphics, photos, sounds, music, videos, data, information and all other documents, files and materials, in any format; and
    2. “Service Content” means Material comprising the Service.
    3. “User Content” means the data, information or other material (including comments) inputted by the you on the Service.

Rights in the Service

Summary: You don’t have any rights to IP in the Service or any of Arup’s proprietary materials, such as logos etc. – these belong to Arup Group and its licensors.

If Arup’s right to host any material on the Service is terminated or discontinued, Arup will remove such material from the Service, and if appropriate may notify its users.

15. Arup and/or its affiliates and licensors are the owners of all intellectual property rights in the Service Content. This agreement does not grant you or any Other Users any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Service and/or the Service Content. This agreement is not a licence to software, so no rights to decompile etc. any software arise by virtue of the Software Directive 2009/24/EC or otherwise.
    
16. You grant (or undertake to procure the grant) to Arup a non-exclusive, royalty free, worldwide licence to copy and use any and all User Content to provide the Services. Subject to maintaining confidentiality in accordance with this agreement, Arup may use any User Content for or in connection with: (a) providing and/or promoting the Service; and (b) any other products or services agreed between the parties
17. If and to the extent that Arup is unable to secure continuing access to use and host any Material on the Service, Arup will cease making such material accessible through the Service and, if appropriate, will exercise reasonable endeavours to notify you of the fact.

Personal Data

Summary: If you provide us with any personal information we will ensure it is handled in compliance with applicable data protection legislation.

18. Any personal information we obtain through your use of the Site, including parts of your Account Information, is subject to Inspire’s Privacy Policy, which is incorporated by reference into this agreement.

Confidentiality

Summary: If you provide Arup with confidential information, we will keep it confidential. Similarly, if in your use of the [site] you encounter confidential material you must ensure it remains confidential.

19. Each party shall retain in confidence and require its employees, agents and contractors, to retain in confidence all information contained in the Service and all information and know-how, regardless of form, transmitted to such party that the disclosing party has identified as being proprietary and/or confidential or which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential (“Confidential Information”). The receiving party shall retain Confidential Information in as secure a manner as reasonably possible, but in no event less secure than the receiving party retains its own Confidential Information. Confidential Information shall remain the sole property of the disclosing party and shall not be disclosed to any third party (including Other Users) without the express written consent of the disclosing party (except, solely for the receiving party’s internal business needs, to consultants who are bound by a written agreement with the receiving party to maintain the confidentiality of such Confidential Information in a manner consistent with this Agreement).
20. Confidential Information shall not include any information that:
    1. is at the time of disclosure or subsequently becomes publicly available without the receiving party’s breach of any obligations owed the disclosing party;
    2. became known to the receiving party prior to the disclosing party’s disclosure of such information to the receiving party;
    3. became known to the receiving party from a source other than the disclosing party other than by the breach of an obligation of confidentiality owed to the disclosing party;
    4. is independently developed by the receiving party; or
    5. is produced in compliance with applicable law or a court order, provided the other party is given reasonable notice of such law or order and an opportunity to attempt to preclude or limit such production.

This agreement constitutes the proprietary information of Arup. Clauses 19-20 shall survive the termination of the agreement for any reason.

Liability

Arup is offering this particular version of the Service to users free of charge, as a complementary service to give users an opportunity to decide if they wish to pay for an Arup Inspire subscription. We expect users to take this into account, and not to make frivolous claims against Arup for the Service’s functionality, unavoidable maintenance or downtime, routine bugs etc..

You must ensure you exercise your discretion and obtain properly qualified independent advice regarding any important material on the Service which you would like to use.

21. The Service is made available to you on an “as is” basis, on the express understanding that no representations or warranties, express or implied, are made regarding its performance or the accuracy, validity or completeness of any Material or information in the Service. To the maximum extent permitted by law, Arup disclaims all warranties, express, implied, statutory or otherwise, including but not limited to fitness for a particular purpose, merchantability, title, quality, and noninfringement. Arup does not warrant that:
    1. the Service will meet your specific requirements;
    2. the Service will be uninterrupted, timely, secure, or error-free;
    3. the results that may be obtained from any analysis or use of the Material will be accurate or reliable, or meet your expectations; or that
    4. any errors in the Service will be corrected.
22. Arup shall not be liable for:
    1. any loss of profits, loss of goodwill, loss of use, or loss of data; and/orz
    2. indirect, incidental, special, consequential or exemplary damages, or other intangible losses (even if Arup has been advised of the possibility of such damages), resulting from:
       1. the use or the inability to use the service;
       2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
       3. unauthorized access to or alteration of your transmissions or data;
       4. statements or conduct of any third-party on or in relation to the Service; or
       5. any other matter relating to the Service.
23. Notwithstanding any other term of this agreement, in no event shall Arup’s total liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, breach of statutory duty or otherwise, arising in connection with the performance or contemplated performance of this agreement exceed the amount of twenty five pounds (£25). Nothing in this agreement excludes Arup’s liability for:
    1. death or personal injury caused by the negligence of Arup; or
    2. fraud or fraudulent misrepresentation.
24. You indemnify and hold Arup, its employees, subsidiaries and affiliates harmless from any and all liabilities, claims, and expenses, made against Arup by any third party due to or arising out of in connection with your use of the Service.

Changes to this Agreement

Summary: We may change these terms by updating this page. Whilst we will attempt to notify you of material changes, it will be for you to check these terms from time to time and ensure you remain content with them. If at any time you are not happy with these terms and conditions, your only recourse is to stop using the site and/or terminate your subscription.

25. Arup may modify this agreement at any time.
26. If Arup materially modifies this agreement it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. However, we are not required to notify you of all changes.
27. By continuing to use the Service after Arup has posted a modification of this agreement, you agree to be bound by the modified agreement. If the modified agreement is not acceptable to you, your only remedy is to terminate this agreement in accordance with clause 33(b).

Severability

Summary: If the law changes and renders any part of this agreement ineffective, the rest of the agreement remains in force.

28. If it is held under any enactment or rule of law that any provision of this agreement is void or otherwise ineffective in whole or in part then any other part and the other terms of this agreement shall continue in full force and effect.

Entire Agreement

29. This agreement is the complete and exclusive agreement between you and Arup which supersedes all proposals or prior agreements, oral or written.
30. Save as expressly provided herein, this agreement may not be altered, supplemented, or amended by the use of any other document(s).

Third Party Rights

31. The parties do not intend that any term of this agreement be enforceable by any person who is not a party to this agreement.

Duration

32. This agreement will remain in effect until terminated.
33. This agreement, and your rights and liabilities hereunder, will terminate immediately:
    1. upon your breach of this agreement;
    2. upon deletion of your account; or
    3. upon notification by us to you that your account is terminated (which we may give at any time, at our absolute discretion).
34. Upon termination of this agreement, you may not be permitted to use the Service again without Arup’s express written permission (which may be withheld in Arup’s absolute discretion).

Jurisdiction and Law

35. This agreement shall be governed by and construed in accordance with the law of England and Wales.
36. The English courts shall have exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection with this agreement.

Arup Inspire Subscription Terms of Service

This is a legal agreement between you and Ove Arup & Partners International Limited (“Arup”). It sets out the sole basis on which you may use our Arup Inspire Subscription service (“Service”). By using the Service, you are deemed to have accepted the terms of this agreement.

Please read these terms carefully. They contain important information about your account and the rights and liabilities of you, Arup and other users of the Service (“Other Us ers”). To help with your understanding of this agreement, we have preceded some key terms with non-binding summaries in italics. 

Arup may make changes to the Service and/or these terms and conditions from time to time by updating this page. Whilst we will try to notify you of any material changes, we may not notify you of every change. You should check this page from time to time to ensure you remain happy with these terms.

Where you are using the Service with an individual account, references to “you” in these terms and conditions refers to you as an individual. 

Where you are accessing the Service using a group account, references to “you” in these terms and conditions refers to the company entity and/or any of the employees, agents and independent contractors who are authorised by you to use the Service (“Authorised Users”), as the context requires. 

If you have any queries, or would like to give notice of any matters under or in connection with these terms and conditions, please contact us at [email protected].

Your Account

1. Subject to you complying with these terms and conditions, you have a non-exclusive, non-transferrable right to access and use (and, if you subscribe to the Service with a group account, permit Authorised Users to access and use) the Service throughout the Subscription Term described in clause 9. 
2. You will need to set up an account in order to use the Service. To do this, you (and, if you are using a group account, your Authorised Users) will need to provide us with certain information, including their name, an email address, user type, name of organisation, sector and password (“Account Information”).
3. You undertake that each login will only be used by one individual person. A single login shared by multiple people is not permitted. 
4. If you are accessing the Service using a group account, you may create separate logins for as many people as your payment plan allows. 
5. The Account Information must be current, accurate and complete, and you must ensure it remains so for as long as your account is active. 
6. Some of your Account Information may be viewable by Other Users, and used by Arup and Other Users to communicate with you. Note that this will only be as part of ordinary use of the Service whereby Users may be able to see the names of Other Users if they have added a comment to an Insight, or if they have suggested an Insight; sensitive information such as encrypted passwords will not be shared with Other Users by Arup, and we will only share email addresses if you expressly authorise us to.
7. Arup shall exercise reasonable skill and care to ensure that the Service contains appropriate administrative, physical, and technical safeguards for protection of the security and integrity of your Account Information. Otherwise, you are responsible for maintaining the security of your account and any associated password(s). Arup cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
8. Your account must be managed by a human being at all times. Arup does not allow for accounts to be set up or operated by “bots”.  

Subscription Term and Fees

Summary: Subscriptions to the service operate on a rolling 6-month or 12-month basis, depending on your plan. Unless you notify us in writing at least 10 days before the end of the subscription period, your subscription will automatically renew.

You must pay your fees on time and in accordance with your payment plan in order to keep using the service.  

9. This agreement shall bind the parties with effect from indicating your acceptance of the payment plan, and shall continue for a period of 6 or 12 months, as specified in your payment plan  (the “Initial Subscription Term”). Thereafter, this agreement shall be automatically renewed for successive periods of 6 or 12 months, respectively (each a “Renewal Period”), and remain in effect indefinitely unless: 
   1. either Arup notifies you (using the contact details provided) or you notify Arup in writing (via [email protected]) at least 10 days before the end of the Initial Subscription Term or any Renewal Period. In which case this agreement shall terminate upon the expiry of the applicable Initial Subscription Term or Renewal Period; or
   2. otherwise terminated in accordance with the provisions of this agreement.
      
      The Initial Subscription Term together with any subsequent Renewal Periods shall constitute the “Subscription Term”. 
10. Arup’s fees for the Service are specified in your payment plan. You shall pay the fees to Arup in accordance with this agreement and your payment plan.
11. If you are using a group account the number of Authorised Users you may permit to access and use the Service shall be limited to the number stated in your payment plan. Subject to clauses 12 and 13 you may, from time to time during any Subscription Term, purchase access for Authorised Users in excess of the number set out in your payment plan, and Arup shall grant access to the Service to such additional Authorised Users in accordance with the provisions of this agreement.
12. If you are using a group account and wish to purchase access for additional Authorised Users, you shall notify Arup in writing via email on [email protected]. Arup shall evaluate such request for additional Authorised Users and respond to you with approval or rejection of the request (such approval not to be unreasonably withheld).
13. Arup shall be entitled to increase the fees payable in respect of any additional Authorised Users purchased pursuant to clause 11 upon 14 days' prior notice to you, and your payment plan shall be deemed to have been amended accordingly.
14. All accounts must include a valid payment details in respect of Arup’s fees. 
15. Fees are invoiced in arrears on a 6-monthly or 12-monthly basis (depending on your payment plan) and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. 
16. If Arup has not received payment of its fees within 30 days of the date of an invoice, and without prejudice to any other rights and remedies:
    1. Arup may, without liability to you, disable your password, account and access to all or part of the Service, and Arup shall be under no obligation to provide any or all of the Service while the invoice(s) concerned remain unpaid; and
    2. interest shall accrue on a daily basis on such due amounts at an annual rate equal to 3% over the then Bank of England base rate from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
17. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
18. Arup reserves the right to change the value(s) of its fees for the Service at any time. If you do not agree to any such changes, your only remedy is to terminate this agreement in accordance with clause 9(a).

Use of the Service

Summary: You must not use the Service in any improper way, including using software to interfere with the site and its content or harvest information. Certain aspects of the Service’s operations (such as hosting) are carried out by third parties, and you consent for us to disclose/transmit data and information as necessary to those parties in order to properly run the Service. 

We may delete or disable your account if you breach any term of this agreement. 

19. You are responsible for all activity that occurs under your account, even when it is used by others who have logins under your account or by unauthorised third parties. You must never:
    1. use the Service for any illegal or unauthorised purpose;
    2. in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws);
    3. modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Arup, or any of Arup’s affiliates, projects or other services;
    4. reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Arup;
    5. directly or indirectly use your account in order to upload, post, host, or transmit unsolicited email, SMSs, "spam" messages or any material that is offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable;
    6. transmit any worms or viruses or any code of a destructive nature; or
    7. otherwise interfere with the proper working of the Service, or with Other Users’ use of the Service.
20. You understand and agree that:
    1. Arup uses third parties to provide the necessary hardware, software, networking, storage, related technology third-party vendors and hosting required to run the Service; and
    2. the technical processing and transmission of the Service, including your Account Information, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
21. Arup is not obliged to maintain the Service indefinitely, and we may cease providing the Service at any time without notice. If any technical support functions are provided, they are done so entirely at Arup’s discretion. 
22. You may not access the Service:
    1. other than through the documented user interface;
    2. through any program code that is not currently a part of the Service; or
    3. by way of any form of “screen scraper” or other automated process, particularly in relation to the Service’s human-machine interface.
23. Arup may, without incurring any liability to you, temporarily disable or permanently delete your account and/or terminate this agreement at any time if you breach any term of this agreement. 

Content Created by Others

Summary: Arup has no responsibility for content produced by others. Although we curate and moderate material hosted on the Service, we can’t guarantee that you will never be exposed to controversial or objectionable content authored or contributed by third parties. You similarly take responsibility for any and all material you post or upload under your account. 

24. Any opinions, thoughts, ideas, plans or strategies expressed by third parties on or in relation to the Service are solely those of the relevant third party/ies, and do not reflect those of Arup. Whilst Arup prohibits offensive conduct and content on the Service, Arup cannot be responsible for all content on the Service, and you nonetheless may be exposed to such materials. In this regard, you agree to use the Service entirely at your own risk, and acknowledge that Arup shall have no liability to you in relation to content uploaded by third parties on the Service. You are responsible for all User Content (defined below) posted/inputted by you and activity that occurs under your account (even when User Content is posted by others who have accounts under your account or by unauthorised third parties using your account), including actual or alleged infringement of intellectual property rights.

Rights to Content – Definitions

Summary: definitions of content which relate specifically to the licences in this agreement, for ease of reference. 

25. In this agreement:
    1. “Material” means any and all written works, software, scripts, code, models, graphics, photos, sounds, music, videos, data, information and all other documents, files and materials, in any format; 
    2. “Downloadable Material” means images, graphics, PowerPoint presentations, pdf reports and other Material which the Service specifically indicates may be downloaded as part of the Service;
    3. “Service Content” means Material comprising the Service; and 
    4. “User Content” means the data, information or other material inputted by the you (or by Authorised Users on your behalf) on the Service.

Rights in the Service

Summary: You don’t have any rights to IP in the site or any of Arup’s proprietary materials, such as logos etc. – these belong to Arup Group and its licensors. 

If you upload or post any content on the Service, you grant Arup the right to use such materials as part of the Service. 

If Arup’s right to host any material on the site is terminated or discontinued, Arup will remove such material from the Service, and if appropriate may notify its users. 

26. Arup and/or its affiliates and licensors are the owners of all intellectual property rights in the Service Content. Subject only to the limited extent provided for in clause 28 below, this agreement does not grant you or any Other Users any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Service and/or the Service Content. This agreement is not a licence to software, so no rights to decompile etc. any software arise by virtue of the Software Directive 2009/24/EC or otherwise.
27. You grant (or undertake to procure the grant) to Arup a non-exclusive, royalty free, worldwide licence to copy and use any and all User Content to provide the Services.  Subject to maintaining confidentiality in accordance with this agreement, Arup may use any User Content for or in connection with: (a) providing and/or promoting the Service; and (b) any other products or services agreed between the parties.
28. Subject to your continuing compliance with this agreement, and any specific additional conditions attached to the relevant download (as shall be indicated to you in the downloaded documents), Arup grants you a non-exclusive, non-sublicensable, worldwide licence for the duration of the Subscription Term to download the Downloadable Material onto a device owned or controlled by you, solely for your own personal use. For the avoidance of doubt: 
    1. In the case of an individual account, this licence includes the ability to download the Downloadable Content for the purpose of delivering presentations to an organisation with which you have entered into a contract of employment;
       
    2. in the case of a group account, this licence includes the ability to download the Downloadable Content for internal business use within your organisation; and 
    3. this clause does not authorise you under any circumstances to copy or share the Downloadable Material with any third party, or to adapt/modify the Downloadable Content from the form in which it was originally provided to you by the Service.
29. If and to the extent that Arup is unable to secure continuing access to use and host any Material on the Service, Arup will cease making such material accessible through the Service and, if appropriate, will exercise reasonable endeavours to notify you of the fact. 

Personal Data

Summary: If you provide us with any personal information we will ensure it is handled in compliance with applicable data protection legislation. 

30. Any personal information we obtain through your use of the Site, including parts of your Account Information, is subject to Inspire’s Privacy Policy, which is incorporated by reference into this agreement.

Confidentiality

Summary: If you provide Arup with confidential information, we will keep it confidential. Similarly, if in your use of the Service you encounter confidential material you must ensure it remains confidential. 

31. Each party shall retain in confidence and require its employees, agents and contractors, to retain in confidence all information contained in the Service and all information and know-how, regardless of form, transmitted to such party that the disclosing party has identified as being proprietary and/or confidential or which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential (“Confidential Information”). The receiving party shall retain Confidential Information in as secure a manner as reasonably possible, but in no event less secure than the receiving party retains its own Confidential Information. Confidential Information shall remain the sole property of the disclosing party and shall not be disclosed to any third party (including Other Users) without the express written consent of the disclosing party (except, solely for the receiving party’s internal business needs, to consultants who are bound by a written agreement with the receiving party to maintain the confidentiality of such Confidential Information in a manner consistent with this Agreement).  
32. Confidential Information shall not include any information that: 
    1. is at the time of disclosure or subsequently becomes publicly available without the receiving party’s breach of any obligations owed the disclosing party; 
    2. became known to the receiving party prior to the disclosing party’s disclosure of such information to the receiving party; 
    3. became known to the receiving party from a source other than the disclosing party other than by the breach of an obligation of confidentiality owed to the disclosing party; 
    4. is independently developed by the receiving party; or 
    5. is produced in compliance with applicable law or a court order, provided the other party is given reasonable notice of such law or order and an opportunity to attempt to preclude or limit such production. 

This agreement constitutes the proprietary information of Arup. Clauses 29-30 shall survive the termination of the agreement for any reason.

Liability

Software and website hosting can sometimes be unreliable by nature. We expect users’ expectations to be realistic, and for users not to make frivolous claims against Arup for the Service’s functionality, unavoidable maintenance or downtime, routine bugs etc.. Arup’s exposure to liability under this agreement is therefore limited.  

You must ensure you exercise your discretion and obtain properly qualified independent advice regarding any important material on the Service which you would like to use.  

33. The Service is made available to you on an “as is” basis, on the express understanding that no representations or warranties, express or implied, are made regarding its performance or the accuracy, validity or completeness of any Material or information in the Service. To the maximum extent permitted by law, Arup disclaims all warranties, express, implied, statutory or otherwise, including but not limited to fitness for a particular purpose, merchantability, title, quality, and noninfringement. Arup does not warrant that:
    1. the Service will meet your specific requirements; 
    2. the Service will be uninterrupted, timely, secure, or error-free;
    3. the results that may be obtained from any analysis or use of the Material will be accurate or reliable, or meet your expectations; or that
    4. any errors in the Service will be corrected.
34. Arup shall not be liable for: 
    1. any loss of profits, loss of goodwill, loss of use, or loss of data; and/or 
    2. indirect, incidental, special, consequential or exemplary damages, or other intangible losses (even if Arup has been advised of the possibility of such damages), resulting from: 
       1. the use or the inability to use the service; 
       2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; 
       3. unauthorized access to or alteration of your transmissions or data; 
       4. statements or conduct of any third-party on or in relation to the Service; or 
       5. any other matter relating to the Service.
35. Notwithstanding any other term of this agreement, in no event shall Arup’s total liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, breach of statutory duty or otherwise, arising in connection with the performance or contemplated performance of this agreement exceed the value of the fees paid by you to us in the 12-month period immediately preceding the relevant cause of action you may have against Arup. Nothing in this agreement excludes Arup’s liability for:
    1. death or personal injury caused by the negligence of Arup; or 
    2. fraud or fraudulent misrepresentation. 
36. You indemnify and hold Arup, its employees, subsidiaries and affiliates harmless from any and all liabilities, claims, and expenses, made against Arup by any third party due to or arising out of in connection with your use of the Service.

Changes to this Agreement

Summary: We may change these terms by updating this page. Whilst we will attempt to notify you of material changes, it will be for you to check these terms from time to time and ensure you remain content with them. If at any time you are not happy with these terms and conditions, your only recourse is to stop using the site and/or terminate your subscription. 

37. Arup may modify this agreement at any time.
38. If Arup materially modifies this agreement it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. However, we are not required to notify you of all changes.
39. By continuing to use the Service after Arup has posted a modification of this agreement, you agree to be bound by the modified agreement. If the modified agreement is not acceptable to you, your only remedy is to terminate this agreement in accordance with clause 9(a). 

Severability

Summary: If the law changes and renders any part of this agreement ineffective, the rest of the agreement remains in force. 

40. If it is held under any enactment or rule of law that any provision of this agreement is void or otherwise ineffective in whole or in part then any other part and the other terms of this agreement shall continue in full force and effect.

Entire Agreement

41. This agreement is the complete and exclusive agreement between you and Arup which supersedes all proposals or prior agreements, oral or written.
42. Save as expressly provided herein, this agreement may not be altered, supplemented, or amended by the use of any other document(s).

Third Party Rights

43. The parties do not intend that any term of this agreement be enforceable by any person who is not a party to this agreement.

Access to Service Post-Termination

44. Following termination of this agreement for any reason, you may not be permitted to use the Service again without Arup’s express written permission (which may be withheld in Arup’s absolute discretion). 

Jurisdiction and Law

45. This agreement shall be governed by and construed in accordance with the law of England and Wales.
46. The English courts shall have exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection with this agreement.

Arup Inspire Privacy Notice

Arup Inspire is a product developed by Arup Foresight, which is part of Ove Arup and Partners Limited (ICO reference number: Z7251729), the controller of the personal information we process on this site.

We can be contacted by email and post.

Our postal address:

Arup Inspire c/o Arup Foresight
Ove Arup & Partners Ltd
13 Fitzroy St
London W1T 4BQ
UK

Email: [email protected]

The type of information we process

We currently process the following information, as provided by you during the registration process:

• Name and email address
• User type (student/individual/organisation or company)
• Name of organisation
• Sector

We may also process the following information when you contact us, directly or through the system, for example through the ‘suggest an insight’ or ‘provide feedback’ functions, and may contact you if applicable:

• Email address
• Your message

How we get the information and why we have it

The personal information we process is provided to us directly by you as part of your account set-up, some of which will be transferred as part of system and direct communication (e.g. insight suggestions, feedback).

We will contact you when you sign-up to Inspire, as part of our subscription services or for general updates about the website and its functionality. We may also contact you about promotions, the use of Inspire and content highlights if you opted into receiving updates or have subscribed to themes for monthly insights updates. This can be managed in the ‘your profile’ section of the website and under ‘themes’.

Your ‘name’ and ‘email address’ are required for standard user functionality, allowing you to use and access the site. Your name will furthermore display to other users if you leave a comment under an insight, or if an insight was added to the site, following your suggestion. ‘User type’, ‘sector’ and ‘name of organisation’ are collected for analytical and improvement purposes to help us better understand the user base of Arup (Open, Custom) Inspire, allowing us to optimise our offering, e.g. by tailoring our content to sectors of interest.

We may share this information within the Arup Inspire Team to manage the website and provide the service, but it will not be used for any other reason or shared with the wider company.

Arup uses third parties to provide the necessary hardware, software, networking, storage, related technology third-party vendors and hosting required to run the Service.

Under the General Data Protection Regulation (GDPR), the lawful basis we rely on for processing this information is legitimate interests.

How we store your information

To ensure the safety of your information we use industry standard procedures to manage access to servers and the data contained on them. We use HTTPS connections to encrypt and protect your information in transit. Personal data is then stored on our servers, and we have procedures and security features in place to ensure that it is protected against attacks and breaches.

Your information is stored safely on the platform unless otherwise required for the delivery of our services and management. For example, we export user email addresses when we send you non-automated email updates. These files will be password protected and stored safely on our company servers for the duration of use.

We will retain your information for as long as the website is active or until you (ask us to) delete your account (information). Please direct requests to [email protected]; we will process your request within 30 days.

Your data protection rights

Under data protection law, you have rights including:

Your right of access - You have the right to ask us for copies of your personal information.

Your right to rectification - You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.

Your right to erasure - You have the right to ask us to erase your personal information in certain circumstances.

Your right to restriction of processing - You have the right to ask us to restrict the processing of your information in certain circumstances.

Your right to object to processing - You have the the right to object to the processing of your personal data in certain circumstances.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.

How to complain

You have the right to contact the ICO, for example if you have concerns or are unhappy about how we have used your data.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Helpline number: 0303 123 1113

Cookie policy

Use of Cookies by Arup Inspire.

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. The table below explains the cookies we use and why.

How do I change my cookie settings?

Alternatively, most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org.

Find out how to manage cookies on popular browsers:

• Google Chrome
• Microsoft Edge
• Mozilla Firefox
• Microsoft Internet Explorer
• Opera
• Apple Safari

To find information relating to other browsers, visit the browser developer's website.

To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout.