Swansea Surveys

 

  1. Introduction

Thank you for visiting SwanseaSurveys.com, a blog dedicated to all things construction surveying.  These Terms of Service are an integral part of using our Service, and you must completely agree to them in order to access it.

 

  1. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them.  The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Agreement” means these Terms of Service;

“Swansea Surveys” refers to our company; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context of the word;

“Service” refers to the services that we provide through our Site, including our blog, survey related books and courses, surveying products, and other services, and the Site itself;

“Site” refers to our website, www.SwanseaSurveys.com;

“User” refers to anyone who accesses our Site or uses our Service, regardless of whether such access involves any remuneration to any party;

“You” refers to you, the person who is entering into this Agreement with Swansea Surveys.

 

  1. Our Service

Swansea Surveys is a construction surveying blog targeted at anyone interested in the subject of construction surveying.  Subject to this Agreement, our Privacy Policy, and any applicable laws, anyone may access our Site.

 

  1. Our Company

Swansea Surveys is owned and operated by Mr Tariq Shehadeh. All legal documents, unless otherwise required or permitted by this Agreement, our Privacy Policy, or any applicable law, should be sent to us via certified mail or registered courier to our postal address found within this document

 

  1. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

 

  • You must not be in violation of any embargoes, export controls, or other laws of any countries having jurisdiction over this Agreement, Swansea Surveys, and yourself.  For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
  • To use any paid portion of our Service, you must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
  • To use any unpaid portion of our Service, you must be at least 13 years of age.
  • You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.

 

  1. Nature of Service

Swansea Surveys provides construction survey information that it believes to be of use.  However, Swansea Surveys’ articles are not written by chartered surveyors, and should be read for informational purposes only.

 

  1. Federal Trade Commission Act Disclosure

You are hereby notified that Swansea Surveys may, but does not necessarily, receive direct or indirect compensation for endorsements, advertisements, or other promotions of third party products and services.

 

  1. Rules of Use

When using our Service, there are certain rules of use which apply to your activities.  You must not:

  • Violate the laws of you home country or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
  • Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Swansea Surveys or its delegates.
  • Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
  • Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Swansea Surveys Site, Service, or its Users’ computers.

 

  1. Payment & Refunds

All prices are listed in Qatari Riyals, British Pounds and/or United States Dollars (unless otherwise stated).  Payments for any paid services, such as books, courses, survey products or other services, may be made using our third party payment processing provider, WooCommerce.  Any issues with payment processing should be addressed to WooCommerce and/or your card issue directly, though you may contact Swansea Surveys as well and we may attempt to assist in resolving issues with your payments.

If you are not satisfied with our Service after 30 days of using it, you may contact us at info@SwanseaSurveys.com and request a refund. All sales through the Site are final and refunds are given out in the sole discretion of Swansea Surveys.

 

  1. Discounts

Swansea Surveys may, but is not obligated to, provide discounts or coupons for its services.  If any information published or uttered by Swansea Surveys about such offers is conflicting, the terms most beneficial to Swansea Surveys shall take effect.

Discounts and other similar offers are subject to any expiry dates and other applicable limitations.  Swansea Surveys may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.

 

  1. Chargebacks

Disputes may be conducted only according to our “Forum of Dispute” provisions below, and you agree not to conduct any chargebacks against Swansea Surveys.  If you do conduct a chargeback, you agree that you shall be liable to pay Swansea Surveys for the full amount of the chargeback, as well as any legal fees, court fees, collection agency fees, or other expenses involved in enforcing this right.  Fraudulent chargebacks will be reported to the appropriate law enforcement authorities.

 

  1. Our Copyright

Our content is important to us, as Swansea Surveys is largely a content-based business.  You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, without receiving our prior written permission.

 

  1. Your Copyright

Swansea Surveys must be assured that it has the right to use the content that is posted to its Site by its Users, whether it is posted in its blog or elsewhere.  Such content may include, but is not limited to, photographs, videos, text, audio, and other materials.  Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sub-licensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us.  You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

 

  1. Branding

“Swansea Surveys” “SwanseaSurveys.com” and the “Swan” logo are protected marks used by us, Swansea Surveys, to uniquely identify our Site, Service, and business.  You agree not to use these marks anywhere without our prior written consent.  Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent.  You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own construction surveying related business.

 

  1. Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time.  You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

 

  1. Copyright & Trademark Infringement

We take copyright infringement very seriously. If you believe that your copyright has been infringed, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification electronically and send it to our Copyright Agent at admin@SwanseaSurveys.com.

 

  1. Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE.  YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT.  TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING STRIPE OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND STRIPE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.  IF PAYMENT ISSUES OCCUR, PLEASE CONTACT THE RELEVANT THIRD PARTY OR PARTIES DIRECTLY.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.  NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

 

  1. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it.  You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

 

  1. Choice of Law

This Agreement shall be governed by the laws in force in England and Wales. The offer and acceptance of this contract are deemed to have occurred in the United Kingdom (specifically England and Wales).

 

  1. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the United Kingdom (specifically England and Wales).  Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be head solely within the lowest court of original jurisdiction having the authority to hear civil matters in the United Kingdom (specifically England and Wales).

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the lowest court of original jurisdiction having the authority to hear civil matters in the United Kingdom (specifically England and Wales), you agree not to bring the other claims against us and to instead proceed within this lowest court of original jurisdiction.

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the lowest court of original jurisdiction, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the lowest court of original jurisdiction.

You agree that if a dispute is eligible to be heard in the lowest court of original jurisdiction but you would be entitled to an additional or alternative remedy in a higher court, you will waive your right to that remedy and still bring the dispute within the lowest court of original jurisdiction.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable lawyers’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable lawyers’ fees, court costs, and disbursements.

 

  1. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, recession, or any other event beyond our control.

 

  1. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Swansea Surveys shall have the sole right to elect which provision remains in force.

 

  1. Non-Waiver

Swansea Surveys reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

 

  1. Termination & Cancellation

We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases.  Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

 

  1. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

 

  1. Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will post the changes here.  You must read this page each time you visit our Site, and if you do not agree to the current version, you must cease using our Service immediately.

 

 

  1. Copyright and trademark information

All materials on this Website, mobile site and mobile applications are protected by copyrights, trademarks, and/or other intellectual property rights. These materials are owned by Swansea Surveys or are used with permission from their owners or as otherwise authorized by law. Protected materials include, but are not limited to, the text, trademarks, source code, databases, logos, photographs, images, video clips, audio clips, designs, trade dress, and other materials contained in this Website, mobile site and mobile applications. All rights are reserved, worldwide.

All use of any material (including, without limitation, photographs, articles, press releases, software, comments, tables or charts, video clips, logos) on this Website, mobile site and mobile applications is strictly prohibited. By way of illustration, such prohibited use may include the extraction, redistribution, republication, modification, broadcasting, sale, or otherwise making available of any of the information or material on this Website, mobile site and mobile applications (in any format) to third parties. In addition to this restriction, you agree to comply with all copyright notices, information, or restrictions contained in any material accessed through this Website, mobile site and mobile applications. Unauthorised use of this Website, mobile site and mobile applications or any of the information or material contained on this Website, mobile site and mobile applications is illegal and as such may give rise to, amongst other things, a claim for damages and may also be a criminal offence.

28. Unauthorised actions or uses

You agree that you will use this Website, mobile site and mobile applications only for the purpose for which it is intended. In particular, you agree that you will not submit any unauthorised, false or fraudulent information; that you will not attempt to interfere with the operation of this Website, mobile site and mobile applications, or alter or corrupt any data or software.

You agree to follow and abide by these Terms and Conditions and by all instructions and procedures set out in this Website, mobile site and mobile applications. You understand that a failure to follow all instructions and procedures may lead to your obligation to purchase unintended goods or services; forfeiture of your products or services; denial of access to this Website, mobile site and mobile applications, products, or services; and possibly legal action being brought against you.

   29. Product information

This Website, mobile site and mobile applications contains information about the products and services which Swansea Surveys (or other third parties) may offer (referred to as Product Information). Product Information may include details about future intentions of Swansea Surveys (e.g. other products/services it intends to launch) and information about its current products. The purpose of providing the Product Information is to help you to find out more about Swansea Surveys’ services and assist you to obtain these services.

30. Paying by Credit Card

If you make a purchase using a credit card, on swanseasurveys.com, Swansea Surveys may require the card holder to provide additional payment verification upon request by either submitting an online form.

31. Disclaimers and limitations of liability

– Whilst the Product Information and all other Website, mobile site and mobile applications material is provided in good faith, by using this Website, mobile site and mobile applications, you agree and acknowledge that Swansea Surveys makes no representations, warranties, or claims as to the accuracy of the Product Information or any other material on this Website, mobile site and mobile applications. Furthermore, you agree that the Product Information and Website, mobile site and mobile applications material does not constitute any form of advice or recommendation to you.

– Swansea Surveys disclaims all implied warranties relating to your use of this Website, mobile site and mobile applications and the information, products, and services contained in this Website, mobile site and mobile applications. To the maximum extent permissible under law, all information on this Website, mobile site and mobile applications is provided without any warranty (either express or implied by law or otherwise) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose, or non-infringement of third party rights.

– By using this Website, mobile site and mobile applications, you agree that Swansea Surveys will not be liable to you for any direct, indirect, consequential, or any other loss arising from the use (or non-use) of the information, products, and services contained in this Website, mobile site and mobile applications or from your access of other material via links from this Website, mobile site and mobile applications. The exclusions and limitations contained in these Terms and Conditions apply to the maximum extent permitted by law.

– Swansea Surveys does not guarantee that use of this Website, mobile site and mobile applications will be compatible with all hardware and software which may be used by visitors to the site.

– Except as set out in the clause vi, Swansea Surveys will be under no liability to you whatsoever, whether in contract, tort (including negligence), breach of statutory duty, restitution, or otherwise for any injury, death, damage, or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill, and like loss) howsoever caused arising out of or in connection with the use of this Website, mobile site and mobile applications or the use, accessing, downloading, or relying on any information or other materials contained in this Website, mobile site and mobile applications, including, without limitation, as a result of any computer virus.

– These Terms and Conditions do not exclude Swansea Surveys’ liability (if any) to you for personal injury or death resulting from Swansea Surveys’ negligence, for fraud or for any matter which it would be illegal for Swansea Surveys to exclude or to attempt to exclude its liability.

– Subject to clause vi, Swansea Surveys’ entire liability in respect of any matter or series of matters arising out of or in connection with Swansea Surveys’ provision of this Website, mobile site and mobile applications and any service by Swansea Surveys or anything there under by any means shall be limited to USD 1,000 in total for each and every event or series of connected events.

– You shall indemnify Swansea Surveys and its licensors and keep Swansea Surveys and its licensors indemnified against all losses, damages, claims, and costs (including legal cost) caused or suffered by Swansea Surveys and/or its licensors as a result of a breach by you of any of these Terms and Conditions.

32. Miscellaneous

These Terms and Conditions (including the Privacy Policy contain all the terms relating to the use of this Website, mobile site and mobile applications. These Terms and Conditions supersede all previous contracts, arrangements, representations (other than fraudulent misrepresentation), terms implied by law, and understandings between the parties whether written, arising from custom, orally, or otherwise. These Terms and Conditions are written in the English language. If you do not understand English, please obtain assistance as necessary for you to understand these Terms and Conditions as you will be deemed to understand and accept them if you use this Website, mobile site and mobile applications.

If any part of these Terms and Conditions are found by any court, tribunal, administrative body, or authority of competent jurisdiction to be illegal, invalid, or unenforceable then that provision will, to the extent required, be severed from these Terms and Conditions and will be ineffective without, as far as possible, modifying any other parts of these Terms and Conditions and this will not affect any other provisions of the amended Terms and Conditions, which will remain in full force and effect.

There shall be no waiver of any term, provision, or condition of these Terms and Conditions, unless such waiver is evidenced in writing and signed by the party granting such waiver.

The Terms and Conditions of this Website, mobile site and mobile applications and the materials contained within it shall be governed and construed in accordance with the laws of England and Wales. The English courts shall have non-exclusive jurisdiction to adjudicate any disputes, which may arise as a result. You agree that Swansea Surveys reserves the right to bring an action against you in any country it deems appropriate.

If you have any questions about the Swansea Surveys Website, mobile site and mobile applications, or our Terms of Use, please contact:
Swansea Surveys
Gridco, Office 202, C-Ring Road, P.O. Box 22017, Doha, Qatar

Last Modified: August 23, 2016