2. Information About Us

2.1 Our Site is operated by International Federation of Consulting Engineers (FIDIC). We are the global representative body for national associations of consulting engineers. A non-profit organization registered as such in terms of the laws of Switzerland whose office is at World Trade Center II – Geneva Airport, P. O. Box 311, 29 route de Pré-Bois, CH-1215 Geneva 15, Switzerland.

3. How to Contact Us

To contact Us, please email Us at


training@fidic.org


or telephone Us on +41 22 568 0500.

4. Access to Our Site

4.1

Access to Our Site is free of charge.

4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.

4.3 Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted. We will not be liable to you if for any reason Our Site is unavailable at any time or for any period.

4.4 You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

5. Your Account and Password

5.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

5.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

5.3 When you create your account, and subsequently when you use certain features, you must provide Us with complete and accurate information, and you agree to update your information to keep it accurate and complete. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

5.4 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with Our Service or a third-party service.

5.5 You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of your account.

5.6 You may not use as a username the name of another person or entity, or a name that is otherwise offensive, vulgar or obscene.

5.7 If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at


training@fidic.org

6.


Modifying or terminating Our Services

6.1 We may, at our sole discretion, terminate or suspend your access to all or part of this Website, including, for any reason, including without limitation, breach of these Terms.

6.2 We are constantly changing and improving Our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of Our Services altogether. Accordingly, we may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under Our refund policy.

6.3 We may not be able to deliver the Services to certain regions or countries for various reasons, including due to internet access limitations and restrictions from governments. FIDIC or its partners shall have no liability to you for any such action.

7. Changes to Our Site

We may alter and update Our Site (or any part of it) at any time

We may also revise the terms and conditions of use of Our Site at any time.

8. Changes to these Terms and Conditions

8.1 We may alter these Terms and Conditions at any time. Your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will be binding on you. You are therefore advised to check this page every time you use Our Site.

8.2 If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

9. Intellectual Property Rights

9.1 Unless specifically labelled otherwise all Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us. All Content is protected by copyright laws and treaties around the world. All such rights are reserved.

9.2 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).

9.3 You may print copies and download extracts of any page(s) from Our Site for personal use.

9.4 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.

9.5 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.

9.6 You may not use any Content from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, as applicable). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.

9.7 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.

10. Links to Our Site

10.1 You may link to Our home page on Our Site.

10.2 Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.

10.3 You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).

10.4 You must not establish a link to Our Site in any website that is not owned by you.

10.5 Your link should not use any logos or trademarks displayed on Our Site without Our express written permission.

10.6 You must not frame or embed Our Site on another website without Our express written permission nor may you create a link to any part of Our Site other than the home page.

10.7 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

10.8 You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.

10.9 We reserve the right to withdraw linking permission without notice.

11. Links to Other Sites

11.1 Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.

11.2 The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.

12. Disclaimers

12.1 Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Site.

12.2 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.

12.3 If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.

13. Events Training and Courses: Bookings and Registrations

13.1 A confirmation email will be sent to you on receipt of your booking. Please ensure that you include your correct email address upon registration. Please include your correct and complete shipping address to receive hard copy books or hard copy products related to the training event you are attending.

13.2 Registrations will be confirmed only when the full fee/amount of your booking is paid in advance unless it is provided free of charge.

13.3 Our offers of events are valid for as long as they appear on the site. Registrations will be handled on a first come-first served basis.

13.4 Should an event be fully booked, you are invited to submit your e-mail address so that we can keep your name on a waiting list and send you an electronic message advising that a place has become available.

13.5 While every effort will be made to keep to the published programme, the organizers reserve the right to change times, content, speakers, delivery platform and/or venues.

14. Course Information

14.1 Any description, advertisement or, documentation issued by us and any description contained on the our website or any catalogues relating to courses are issued and published for the sole purpose of providing a general overview of the course, its content and objectives. Although FIDIC makes every effort to ensure that information about a course is correct, you acknowledge and agree that sometimes such information may be incomplete, out of date or inaccurate and you place no reliance on it whatsoever.

15. Changes to an event

15.1 FIDIC may at its sole discretion change the format, speakers, participants, content, venue location and programme or any other aspect of an event at any time and for any reason, whether or not due to a Force Majeure Event or undersubscription, in each case without liability.

15.2 If FIDIC has to cancel an event, our liability in the event of a cancellation is limited to a full refund of the event fee only.

15.3 FIDIC will not be responsible for the reimbursement of any airfare, hotel, accommodation, or other costs incurred by potential Delegates or attendees to its event. FIDIC cannot be held liable for any pre-booked travel or accommodation costs.

16. Cancellations/Substitutions/Transfers

16.1 Cancellations must be received in writing. FIDIC will apply the following cancellation charges:

1. 1. 30 days or more before the event – 20% administration fee applicable.

   2. Less than 30 days before the event – no refund available.

16.2 Substitutions may be made until 48 hours prior to an event.

16.3 All cancellations must be made in writing to training@fidic.org or


events@fidic.org

16.4 Requests for transfer to another Course or event must be approved by FIDIC. Although FIDIC makes every effort to accommodate Clients to another Course or event, this is subject to availability and FIDIC approval. Transfers may be subject to a charge.

17. Payment

17.1 Full payment for events and courses are due at the time you make the booking Payments can be made:

17.2 a) by Credit card: Eurocard/Mastercard, Visa.

17.3 b) by Bank transfer:

17.4 payable to FIDIC, Account No. 274644-02-1, Credit Suisse, Paradeplatz 8, Box 590, CH-8021 Zurich. Clearing No. 4835; Sort Code: 80.500.4; SWIFT:CRESCHZZ80A; IBAN: CH24-0483-5027-4644-0200-1

17.5 Please note that bank transfers may take 1 to 3 days to be effective.

17.6 Bank transfer fees must be solely borne by the client or delegate.

18. Fees/Visas/Travel/Accommodation (IN PERSON EVENTS)

18.1 The fee does not include FIDIC documents, cost of lunches and refreshments unless otherwise provided in the event description. The fee does not include transport, visas or overnight accommodation.

18.2 Delegates are responsible for making their own visa, travel and hotel arrangements. For certain events or conferences, FIDIC may propose hotel arrangements for delegates. The proposed hotel is not mandatory, and the delegate or client can choose to stay in a different hotel. FIDIC cannot be held responsible for any disputes or issues with proposed hotels and clients should carry out their own checks before proceeding to book with any suggested hotels.

18.3 FIDIC recommends you check your visa requirements with your local embassy or consulate. Invitation letters to support visa applications can only be sent out once we have received your registration form and full payment of the registration fees. Please apply in good time. FIDIC cannot be held liable for late visa applications.

19. Premises

19.1 Delegates shall be responsible for all damage to the premises and/or damage to other people’s property on the premises caused by the Delegate.

19.2 While at the premises, you should comply with health and safety policies issued by or on behalf of FIDIC including premises health and safety policies.

19.3 The Delegate will be responsible for damage to the property of the venue, or the Organisers caused by themselves or their guests during an event and will agree to make good or pay full restitution for the making good of any such damage.

19.4 FIDIC does not accept responsibility for any loss of, or damage to, personal property.

20.Online Events, Conferences, Webinars, Seminars

20.1 FIDIC uses technology which allows us to provide online events, training or conferences provided that clients have the appropriate technology to receive them.

20.2 We do not provide any PC, laptop, tablet, mobile phone or other hardware or device or any App or other software for use on or with any devices, nor any internet connection or service or other equipment or facilities to enable you to join our online events.

20.3 It will be your sole responsibility to ensure that you have access to, and familiarity with all necessary technology so that you can receive and participate in our online events. These include appropriate functioning device which is adequately charged. Stable, reliable, internet access with adequate speed. A safe location with a suitable quiet and comfortable environment in which to watch, listen, speak where appropriate, make notes, and otherwise to participate as necessary. Adequate microphone and/or loudspeakers for the purpose, external microphone and/or speakers as reasonably necessary; and notebooks, pens, pencils, and any books, materials or equipment.

20.4 FIDIC does not, and cannot, assist delegates to obtain, set up, maintain, or operate any technology. If you need any assistance or advice about technology, you should seek it from an appropriate third party. FIDIC cannot, give you any advice about what technology is needed or how to use it.

20.5 We will not be responsible or liable to clients that are unable to access any of the online event due to any technology problem whatsoever. This may include slow speed, instability, temporary or other breakdown, unavailability, or inadequacy of, or defect in, internet service or any other equipment or service.

20.6 By participating in our online conferences, webinars, seminars or event, you agree that it may be recorded in full or in part and may be published and utilised by FIDIC at its sole discretion in various media, platform, including print, audio and video formats without further consent or notice.

21. Intellectual Property

21.1 All Intellectual Property Rights in or arising out of or in connection with the Course and Course Materials shall be and remain vested in FIDIC.

21.2 Delegates shall not modify or remove any Intellectual Property Rights notices contained on the Course Materials.

21.3 Delegates may use the Course Materials for their own personal development purposes but not for any other purpose and Delegates shall not copy, duplicate, redistribute, re-publish or in any way use any part of the Course Materials or prepare derivative works or incorporate the Course Materials in any other work for commercial use or exploitation without FIDIC ‘s prior written consent. This limitation applies to Course Materials in any form, printed or electronic.

22. Our Liability

22.1 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.

22.2 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 express or implied.

22.3 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.

22.4 We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

22.5 We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

22.6 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 programs, data or other proprietary material due to your use of Our Site or to your downloading of any content on it, or on any website linked to it.

22.7 We assume no responsibility for the content of websites linked on Our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

23. Force Majeure

23.1 FIDIC shall not be held responsible for any delay or failure in performance of its obligations hereunder to the extent such delay or failure is caused by fire, flood, strike, civil, governmental or military authority, acts of God, acts of terrorism, acts of war, epidemics or acute outbreaks of communicable disease, the availability of the location for the Event or other similar causes beyond its reasonable control.

23.2 FIDIC shall not be liable for any loss or damage (whether direct or indirect) which may be suffered by you due to any circumstances or events beyond FIDIC’s control including, but not limited to, acts of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, storm, leakage, shortage of or inability to obtain materials, failure of supply of electricity or telephone or compliance with any regulation, direction or request made by a Government authority.

23.3 Where a Course is cancelled due to a Force Majeure Event then FIDIC shall, acting in good faith, inform you as soon as is reasonably possible and provide details of any new dates, times or availability of the event or course.

23.4 If the event outside of our control continues for more than 84 days, we may postpone or cancel the course and inform you of the cancellation. Should you be unable to attend on the new date for the course then FIDIC shall refund the fee.

24.5 Any refunds due to you as a result of a cancellation will be paid to you as soon as is reasonably possible and, no later than 28 calendar days after the date on which we inform you of the cancellation.

24.


Viruses, Malware, and Security

24.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.

24.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

24.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

24.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

24.5 You must not attack Our Site by means of a denial-of-service attack, a distributed denial of service attack, or by any other means.

24.6 By breaching the provisions of Parts 24.3 to 24.5, you may be committing a criminal offence. Any and all such breaches will be reported to the relevant law enforcement authorities, and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

25. Indemnity

25.1 You shall indemnify, defend and hold FIDIC harmless, against any third-party claim, suit, action, or proceedings howsoever arising, directly or indirectly, brought against FIDIC (and Our officers, directors, employees, agents, service providers, licensors, and affiliates) based upon or arising out of (a) Your use of FIDIC website (b) Your use of Products or Services; (c) Your misuse, non-compliance with or breach of any of the terms, conditions, obligations, undertakings or warranties set out in this website Terms and Conditions, or (d) Your use of Third-Party Products or Services. You will indemnify FIDIC for any and all costs, damages, settlements, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) of any kind whatsoever to the extent arising out of any action by a third party.

26.


Acceptable Usage of Our Site

26.1 You may only use Our Site in a lawful manner:

1. 1. You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;

   2. You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and

   3. You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.

26.2 Whenever you make use of a feature that allows you to upload content to Our Site, or to make contact with other users of Our Site, you must comply with the content standards set out in our Acceptable Use Policy

26.3 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage We suffer as a result of your breach of warranty.

26.4 Any content you upload to Our Site or you permit us to upload on your behalf will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties, except where specifically agreed otherwise.

26.5 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

26.6 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of Our Site.

26.7 We have the right to remove any posting you make on Our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

26.8 The views expressed by other users on Our Site do not represent our views or values.

26.9 If you fail to comply with the provisions of this Part 26, you will be in breach of these Terms and Conditions. We may take one or more of the following actions in response:

1. 1. Suspend or terminate your right to use Our Site;

   2. Issue you with a written warning;

   3. Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

   4. Take further legal action against you, as appropriate;

   5. Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

   6. Any other actions which We deem reasonably appropriate (and lawful).

26.10 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 26.9) in response to your breach.

27.How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy and Cookie Policy

28. Communications from Us

28.1 If We have your contact details, We may send you notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions.

28.2 We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take a short time for your request to take effect and you may continue to receive emails during that time.

28.3 For questions or complaints about communications from Us, please contact Us using the details above in Part 3.

29. General

29.1 No delay or failure by FIDIC in exercising or enforcing any right or remedy under these Terms and Conditions will prejudice or restrict FIDIC ‘s rights and no waiver of any such rights or of any contractual breach will be deemed to be a waiver of any other right or later breach.

29.2 No third party shall have any rights under or in connection with these Terms and Conditions.

29.3 If at any time any provision of these Terms and Conditions is found by any court or other competent authority to be illegal, invalid or unenforceable whole or in part, it shall not affect or impair the legality, validity or enforceability of any and all other provision of these Terms and Conditions.

30.


Law and Jurisdiction

30.1
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the laws of Switzerland.

30.2 Any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Switzerland.