Go Construct STEM Ambassador Scheme Loan Scheme

(“Terms and Conditions”)

Background

The Go Construct STEM Ambassador Scheme loan of resource(s) (“Resource(s)”) is for registered Go Construct STEM Ambassadors (“Ambassador(s)”, “you”, or “your”), where you have agreed to share your details with us to borrow Resource(s) on a temporary basis for use in your engagements (“Loan Scheme”).

The promoter of the Loan Scheme is CITB otherwise known as the Construction Industry Training Board (Registered Charity Numbers 264289 (England & Wales) and SC044875 (Scotland)), whose principal office is situated at Sand Martin House, Bittern Way, Fletton Quays, Peterborough, PE2 8TY (“CITB”, “we”, “us”, or “our”).

The Loan Scheme enables you to borrow Resource(s) from time to time for a set period of time (“Loan Period”) to use in your engagements. It is given as an incentive of your membership of the Go Construct STEM Ambassador Scheme and is not available for re-distribution or for use for commercial purposes.

Further information regarding the Loan Scheme can be found in our Frequently Asked Questions (FAQs). If you have any questions or would like to get in touch with us, please email us at ambassadors@citb.co.uk.

Your acceptance of these Terms and Conditions

Please read these Terms and Conditions carefully. Your participation in the Loan Scheme will constitute your acceptance of these Terms and Conditions and serve as your eligibility to borrow Resource(s) from us. Any Resource(s) obtained or used outside of these Terms and Conditions will not be covered by CITB.

We reserve the right to amend these Terms and Conditions at any time and for any reason including for legal, regulatory, business or policy reasons, so please check them regularly. Ambassadors who continue to participate in the Loan Scheme following such a change will be considered to have accepted the updated Terms and Conditions.

We reserve the right to close the Loan Scheme at any time. Ambassadors will be given reasonable notice of the closure.

If you do not agree to these Terms and Conditions, you should not participate in the Loan Scheme.

No person under 17 years of age can participate in the Loan Scheme.

References

“Resource(s)” means any educational resource, construction activity or exhibition resource available to borrow as listed in the Go Construct Shop.

“Loan Period” means the period commencing when delivery of the Resource(s) is completed (including Saturdays, Sundays and Bank Holidays), and ending upon the happening of any of the following events:

1. the collection of the Resource(s) by the Courier nominated by CITB, or
2. the delivery of the Resource(s) into the possession of CITB by a Courier and/or postal method arranged by the Ambassador, or
3. the physical repossession or collection of Resource(s) by CITB.

“Order” means the individual orders for the hire of Resource(s) placed by the Ambassador from time to time through the Go Construct Shop, by email or telephone in accordance with these Terms and Conditions.

“Site” means any premises or location at which Resource(s) is to be delivered to or collected from or is otherwise located.

“Courier” means the person delivering and/or collecting the Resource(s) on behalf of CITB.

Eligibility for the Loan Scheme

To participate in the Loan Scheme you must be aged 17 or over and resident in the UK, registered as a STEM Ambassador and be a participant in the Go Construct STEM Ambassador Scheme.

Once your STEM Ambassador registration is complete and your account has been activated you will be entitled to participate in the Loan Scheme, so long as you have agreed to share your details with us. You cannot take part in the Loan Scheme until your registration has been completed and confirmed.

It is important to keep your details correct and up-to-date at all times. Please make sure that you verify and provide us with true, accurate and complete information during your account registration process and update it afterwards if necessary. If we discover that any information related to your account is not accurate, we may need to suspend or cancel your account.

To participate in the Loan Scheme, you must satisfy the following eligibility criteria:

• Be registered through STEM Learning as a STEM Ambassador
• Have completed the STEM Learning induction programme
• Have completed your DBS (or PVG) check through STEM Learning
• Have an active STEM Ambassador account
• Be registered as a participant of the Go Construct STEM Ambassador Scheme
• Opt in to share your details with the Go Construct STEM Ambassador Scheme.

Support and assistance to become an Ambassador is available through goconstruct.org/ambassadors.

Employees of CITB, STEM Learning and/or Partners may be allowed to participate in the Loan Scheme if approved by CITB and all correct ordering procedures are followed.

Resource(s)

All Resource(s) are subject to availability and we cannot guarantee that your chosen Resource(s) will be available at the time of request and/or delivery of your engagement.

Ambassadors should follow all risk assessment and safety guidance provided with Resource(s) in order to lower the risk of accident and/or injury. All risk in the use of Resource(s) is in the control of the Ambassador.

CITB retains ownership of the Resource(s). The Ambassador acknowledges that the Resource(s) remain at all times the property of CITB. The Ambassador has no right, title or interest in the Resource(s) except that it is loaned to the Ambassador in accordance with the Terms and Conditions.

You are expected to take care of the Resource(s) provided to you and shall:

• Be responsible for the security of the Resource(s) whilst in your possession
• Take all appropriate measures to secure the Resource(s) at the Site, including when not in use
• Notify us of any change of address and upon our request, provide details of the location of the Resource(s) and permit us at all reasonable times to inspect the Resource(s) including procuring access to any Site where the Resource(s) are situated
• Keep the Resource(s) at all times in your possession and control and shall not, without the prior written consent of CITB, part with control of the Resource(s)
• Take adequate and proper measures to protect the Resource(s) from theft, damage and/or other risks
• Not interfere with the Resource(s), their working mechanisms or any other parts of them, and not make any alteration to the Resource(s) (including defacing or covering up any branding)
• Take reasonable care of Resource(s) and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied
• Notify us immediately after any breakdown, loss and/or damage to the Resource(s)
• Not continue to use Resource(s) where they have been damaged and will notify CITB immediately if the Resource(s) are involved in an accident resulting in damage to the Resource(s), other property and/or injury to any person.

The Resource(s) must be returned by the Ambassador in good working order and in a clean condition after use.

It is the Ambassadors responsibility to ensure that everyone who uses the Resource(s) is properly instructed on how to use them safely and correctly and they have all the instructions CITB has supplied and the Resource(s) are not misused.

CITB will carry out all routine maintenance and repairs to the Resource(s). The Ambassador must not repair or attempt to repair Resource(s) unless authorised to do so in writing by CITB.

CITB will replace missing or broken parts of Resource(s) when returned where possible. In some exceptional circumstances Resource(s) may be delivered to Ambassadors with missing parts, and CITB will arrange for those missing parts to be provided to the Ambassador. Resource(s) will not be delivered in an unfit state.

How to borrow Resource(s)

Resource(s) available to borrow can be found listed on the Go Construct Shop.

To borrow Resource(s) the Ambassador must:

• Create their own named account in the Go Construct Shop
• Select the Resource(s) available
• Add them to the basket and checkout
• Complete any additional requests for information.

The Ambassador will receive a confirmation if their request has been successful.

Further communication regarding the loan of Resource(s) will be completed by email.

The Loan Periods are available in 1 day, 3 days, 5 days and 10 day increments (excluding delivery and collection dates outside of the Loan Period).

Delivery and collection of Resource(s)

We will arrange for a nominated Courier to deliver the Resource(s) to you, and to collect from you. We will aim to deliver and/or collect at the times/dates requested by you as part of your Order, but cannot guarantee this.

Delivery times/dates are given in good faith but are estimated only dependent on external factors such as weather conditions and traffic.

It is the responsibility of the Ambassador to ensure that the Courier has relevant permissions for entry and sufficient access to and from the relevant Site and procure sufficient unloading space, facilities, and, where necessary, equipment for the unloading and loading of Resource(s). It is also the Ambassadors responsibility to move the Resource(s) to the desired engagement delivery location.

From time to time the Courier may request to take a photograph of the delivery, you must allow the Courier to do this.

You may be asked to sign as acceptance of delivery and/or to confirm the Courier has collected the Resource(s), you must do this.

Where a Courier has been arranged to collect Resource(s), it is your responsibility to ensure that all Resource(s) are packaged and labelled correctly and accordingly, and to ensure they are available to be collected at the designated date/time.

If the Courier is unable to collect and you are found to be at fault, CITB will arrange for a second opportunity to collect the Resource(s), and may choose to charge you a cancellation fee of no more than £50.

Where the second Courier collection is cancelled and you are found to be at fault, CITB will work with you to either arrange another collection, or request that you arrange delivery back to CITB, at your own cost. CITB will not be liable for any costs involved in returning Resource(s) when the Ambassador is at fault.

Further delays, cancellations or refusals to return Resource(s) may result in court proceedings by CITB.

If any deliveries and/or collections are delayed and/or are cancelled due to your failing to comply with your obligations, you will be liable to pay charges from time to time for such delay, postponement and/or cancellation.

CITB shall have no liability to the Ambassador for any delay and/or non-performance of a contract to the extent that such delay is due to any events outside CITBs reasonable control including but not limited to acts of god, war, flood, fire, labour/disputes, strikes, subcontractors, lock-outs, riots, civil commotion, malicious damager, explosion, governmental actions and any other similar events.

It is the responsibility of the Ambassador to ensure they carry out adequate inspection of the Resource(s) on delivery and inform CITB of any shortages and/or damages.

The Ambassador will grant, and will ensure that the owner of any third party premises will grant to CITB, their agents, employees and sub-contractors the right at any time to enter any Site where the Resource(s) is or may be stored in order to recover or substitute the Resource(s).

If the Resource(s) is unavailable for collection by CITB within 5 days of the scheduled date for collection (as agreed between the Ambassador and CITB), the Resource(s) shall be deemed to be lost and the Ambassador shall be responsible for the replacement of the Resource(s) and the charges and any additional charges will continue to apply until settlement is made to the satisfaction of CITB.

Payments

The Loan Scheme is provided as a free of charge service to Ambassadors who meet the eligibility criteria. This includes the ordering process, delivery and collection of Resource(s). No other costs and/or fees will be paid by CITB.

Fees for cancelled collections and/or lost Resource(s) will be paid by you to CITB. CITB will send you an invoice with payment due within 30 days.

All monies owed by the Ambassador to CITB shall immediately become due and payable.

Expiry, termination and cancellation

We reserve the right to cancel your participation in the Loan Scheme and/or remove any Resource(s) from your possession and/or have your right to participate in the Loan Scheme suspended and/or cancelled if:

• You are in breach of these Terms and Conditions
• We have reasonable grounds to suspect that you are engaged in fraudulent or other criminal activities relating to use and/or your membership of the Go Construct STEM Ambassador Scheme and/or Loan Scheme
• You display any behaviour relating to your participation in the Go Construct STEM Ambassador Scheme and/or Loan Scheme that involves theft, misconduct, abusive or offensive behaviour
• You supply false or misleading information.

We reserve the right to cancel your participation in the Loan Scheme if your STEM Ambassador account has been suspended by STEM Learning and/or you have not been an active member for 12 months.

If your account has been suspended, you may choose to re-register. When re-starting your account, you may re-start your participation in the Loan Scheme.

You have the right to cancel your participation in the Loan Scheme at any time. If you cancel your participation, you will forfeit the right to borrow any Resource(s) in the future.

If the Loan Period has a fixed duration neither the Ambassador nor CITB shall be entitled to terminate the contract before the expiry of that fixed period unless agreed with the other party.

On expiry or cancellation for whatever reason all Resource(s) at such time in the possession of the Ambassador shall immediately become due to return to CITB.

Loss, theft or damage

CITB does not accept any liability for the loss, theft or damage of Resource(s).

You should immediately report any fraudulent or unauthorised use of Resource(s) to a member of the Go Construct STEM Ambassador Scheme team.

We will not issue Resource(s) where we reasonably believe that the notified incident has been caused by your negligence, a breach of these Terms and Conditions or if there are reasonable grounds for suspecting that you are or have been engaged in fraudulent or other unlawful conduct in relation to your participation.

If the Resource(s) are returned in damaged, unclean and/or defective states except where due to fair wear and tear the Ambassador shall be liable to pay CITB for the cost of any repair and/or cleaning required to return the Resource(s) to a condition fit for re-hire until such repairs and/or cleaning have been completed.

The Ambassador will pay to CITB the replacement cost on a new for old basis of Resource(s) which are lost, stolen and/or damaged beyond economic repair.

The customer shall immediately notify CITB of any loss, accident, damage or defect in the Resource(s) or if the Ambassador considers that the Resource(s) may cause damage to the Ambassadors property.

Risk of loss, theft, damage or distribution of Resource(s) shall pass to the Ambassador on delivery in accordance with these Terms and conditions and will return to CITB once loading of the Resource(s) onto the collection vehicle is complete.

Looking after your data

When you participate in the Go Construct STEM Ambassador Scheme and in the management of your account you will be asked to provide personal information, including your name and contact details. In order to manage your account, it is important that you let us know about any changes to your personal data.

We are committed to maintaining the security of your personal information in accordance with the requirements of all relevant Data Protection laws applicable in the United Kingdom and will take all reasonable steps to ensure that your personal data is kept secure against unauthorised access, loss, disclosure, or destruction, although we cannot guarantee that our systems will be absolutely secure, and free from bugs or viruses, so you should use your own virus protection software. We expect you to respect the security of our systems and so you must not misuse our systems by knowingly introducing viruses or other material that is malicious or technologically harmful.

Our Privacy Policy provides you with information about how your personal data will be handled and used by us and what your rights are in relation to your personal data.

Your personal data will be shared with Williams Commerce for the purposes of ordering our Resource(s). The Williams Commerce privacy policy can be found here.

Your personal data will be shared with Nationwide Courier Services for the purposes of delivery and collection of our Resource(s). The Nationwide Courier Services privacy policy can be found here.

Liability

CITB shall not be liable for any loss or damage of whatsoever nature suffered or incurred by you as a consequence of your participation in the Loan Scheme, including any default arising directly or indirectly from the failure of network services and/or failure of data processing systems. We shall not be liable for any indirect or consequential losses howsoever caused.

The exclusions and limitations in these Terms and Conditions shall not apply to exclude or limit any liability that cannot be excluded or limited under any applicable law of England and Wales.

The Ambassador shall be responsible for all expenses, loss and/or damage suffered to the Resource(s) arising from any breakdown of the Resource(s) due to your negligence, misdirection and/or misuse of the Resource(s).

General

These Terms and Conditions are between you and us. No other person shall have any rights to enforce any of these Terms and Conditions.

Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

You are not permitted to use our trademarks and trade names without our prior written approval.

Where there are any links to other websites and Resource(s) provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.

Governing laws and jurisdiction

These Terms and Conditions are governed by the laws of and subject to the exclusive jurisdiction of the courts of England and Wales.

Get in touch

If you need help with your participation in the Loan Scheme, require further information, have any further questions or would like to get in touch with us, please check our Frequently Asked Questions (FAQs).

If you can’t find the answer you are looking for, or wish to make a complaint regarding any element of the Loan Scheme:

• Email us at ambassadors@citb.co.uk
• Write to us at CITB, Sand Martin House, Bittern Way, Peterborough, PE2 8TY.

Changes to these Terms and Conditions

We reserve the right to amend these Terms and Conditions at any time at our sole discretion.

These Terms and Conditions were last updated on (date).

The Loan Scheme launched on (date).