Terms and Conditions

1. Introduction

1.1 This website, register.arb.org.uk, ("the Site") is a website which (among other things) provides a service ("the Service") under which the public can access a register ("the Register") containing details ("Architect Data") of all registered architects in the UK. The terms set out below will apply to you ("you") and your use of the Service, the Register and Architect Data.

1.2 The Site and the Service is operated by the Architects Registration Board ("we" or "us"), a body formed pursuant to and subject to the powers contained in the Architects Act 1997.

1.3 Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by posting new terms onto the Site. In continuing to use the Service you confirm that you accept the then current terms and conditions in full at the time you use the Service.

2. How the Service Works

2.1 The Service will enable you to access the Register (subject to you paying a fee in accordance with clause 3 ("the Fee")).

2.2 Before accessing the Register you will be required to provide us with your name and email address.

2.3 Subject to payment of the Fee and on providing us with the necessary information about yourself, you will be granted access to the latest edition of the Register. The Register will be accessible as a downloadable PDF (Portable Document Format) document.

2.4 We will forward a link to you allowing you to download the document, but this link will remain active for no more than 7 days from the time that we forward the link to you. You will be able to use the link an unlimited number of times whilst the link remains active.

2.5 If you fail to use the link within the 7 day period, or you wish to use the link again after the 7 day period has expired, you will be required to pay a further fee to access the Register.

2.6 Payment of the Fee will only enable you to access the Register for a limited period as described in this clause 2. We therefore recommend that you download the Register to store on your computer or print off a hard copy for later reference.

3. Fees and payment

3.1 Before you can access the Register you must pay the Fee in full.

3.2 The Fee must be paid by credit or debit card.

3.3 Details of the Fee are available on the Site. The Fee may vary between individual occasions on which you are required to pay it.

3.4 Any refund of the Fee is at the sole discretion of the Registrar and Chief Executive of the Architects Registration Board.

4. Use of the Register and Advertising

4.1 You agree to use the Site and the Register for information purposes only and in accordance with these terms and conditions.

4.2 You are not entitled to resell or commercially exploit the Register’s contents or any Architect Data. You must not use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.

 

4.3 You and we both agree not to disclose any confidential information obtained under or pursuant to these terms and conditions to any third party save in accordance with the terms of this Agreement or as agreed in writing by the other party. You also agree that you will ensure that confidential information is disclosed only to such employees and agents as is strictly necessary to enable them to reasonably carry out their legitimate duties and any such employee or agent will be informed that the information is confidential and must be treated as such.

 

4.4 We grant you a limited licence to access and make personal use of the Service and the Register, but not to modify it, or any portion of it, except with our express written consent.

 

4.5 We reserve the right at our discretion to prevent you from accessing the Site and to restrict any access to the Service or any of our services at any time for any reason. However, this shall not act to restrict your access to the Register by other means.

 

4.6 In the event that you are informed that you will no longer be entitled to access the Site or any of our services you will no longer have permission to use the Service.

 

4.7 In the event that you are found by us to have been sending unsolicited e-mails to our users in contravention of the Privacy and Electronic Communications Regulations 2003 or other unsolicited marketing communications then we reserve the right to terminate without notice your use of the Service without limiting any other rights and remedies we may have.

 

4.8 We may seed Architect Data in order to detect any unauthorised use or duplication thereof. You may not remove the seeds from the Architect Data.  If we discover any unauthorised use or duplication by you we reserve the right to prevent you from accessing the Site and restrict any access to the Site or any of our services subject always to the proviso in clause 4.5 that you may still access the Register by other means.

 

5. Data Protection

5.1 In this clause 5, "Data Protection Laws" means the United Kingdom's Data Protection Act 1998, the Privacy and Electronic Communications Regulations 2003 (and any subordinate legislation and any related codes of conduct) and any other applicable data protection or privacy rules and legislation in other jurisdictions.

5.2 We confirm that personal data provided by you to us under these terms and conditions will be subject to Data Protection Laws and accordingly we will retain and use that data only to the extent permitted by those Data Protection Laws.

5.3 Similarly the Architect Data and other information on the Register will be subject to Data Protection Laws and you therefore agree that you will:

 5.3.1 ensure that all Data Protection Laws are complied with in relation to the collection, processing and use by you of the Register and Architect Data;

 5.3.2 take reasonable steps to ensure the reliability of your employees and contractors who have access to the Architect Data;

 5.3.3 take appropriate technical and organisational measures against unauthorised or unlawful processing of the Architect Data or accidental loss or destruction of, or damage to Architect Data;

 5.3.4 not transfer any Architect Data received in connection with this Agreement outside the European Economic Area without first ensuring that the transfer and any subsequent processing of the personal data shall comply fully with the Data Protection Act 1998, including but not limited to Principles 7 and 8.

6. Our Liability

6.1 We will operate the Service and maintain the Register with the reasonable skill and care of an online service provider.

6.2 Whilst we will use reasonable endeavours to ensure that the Register is up to date and all Architect Data is accurate we offer no warranty as to its accuracy and accordingly will not be liable to you for any loss you may suffer as a result of using any part of the Register or Architect Data that is subsequently revealed to be inaccurate.  

6.3 From time to time it may be necessary to suspend access to the Service for a period of time and any such interruptions shall not constitute a breach by us of these terms.

6.4 Our liability to you for breach of these terms will be strictly limited to the Fee actually paid by you to us.

6.5 We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost bargain, loss of anticipated savings, lost profit or lost opportunity) arising as a result of your use of the Site, the Register or any Architect Data or engagement by you of an architect whose details appear on the Register whether such loss is incurred or suffered as a result of our negligence or otherwise.

6.6 Nothing in these terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence.

7. Intellectual Property

7.1 The format and content of this Service and the Register is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Site. 

7.2 Neither the Register nor any portion of the Register may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Register without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site or the Register without our express written consent.

8. Statutory Duties

8.1 Under the Architects Act 1997, ARB has a statutory duty to maintain the Register and to publish the Register on an annual basis. Its statutory duty does not extend to it providing the Register in a given format.

8.2 ARB must provide a copy of the most recently published version of the Register to any person who requests one but is permitted to require payment of a reasonable charge as determined by its board from time to time.

9. Freedom of Information

9.1 ARB is subject to the Freedom of Information Act 2000. Accordingly any information you provide to us under these terms and conditions or in relation to the Site or Register may be the subject of a Freedom of Information request, subject to your rights under Data Protection Laws.

10. General

10.1 These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.

10.2 If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

10.3 We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.

10.4 We may make changes to the format of the Site, services provided or to the Site’s content at any time without notice.

10.5 The invalidity or unenforceability of any provision in these terms will not affect or impair the validity of any other provision. 

10.6 This agreement sets out the entire agreement between the parties in relation to its subject matter. A purported alteration of this agreement is not effective unless it is in writing and is signed by both of the parties.

10.7 The Contracts (Rights of Third Parties) Act 1999 does not apply so as to give to a person who is not a party to this agreement a right under it.