TERMS AND
CONDITIONS
BACKGROUND:
These Terms and Conditions, together with any and all
other documents referred to herein, set out the terms of use under which you
may use this website, https://pledgeconsultancy.co.uk
(“Our Site”). Please read these Terms
and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by
these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be
bound by these Terms and Conditions, you must stop using Our Site immediately.
- Definitions and Interpretation
- In these Terms and Conditions, unless the
context otherwise requires, the following expressions have the following
meanings:
“Content”
|
means
any and all text, images, audio, video, scripts, code, software, databases
and any other form of information capable of being stored on a computer that
appears on, or forms part of, Our Site; and
|
“We/Us/Our”
|
means Pledge Consultancy [, a company registered in England
under <<insert
company number>>,
whose registered address is Foundry 17, McCoys
Arcade, Fore Street, Exeter EX4 3AN.
|
- Access to Our Site
- Access to Our Site is free of charge.
- It is your responsibility to make any and all
arrangements necessary in order to access Our Site.
- Access to Our Site is provided “as is” and on an
“as available” basis. We may alter,
suspend or discontinue Our Site (or any part of it) at any time and without
notice. We will not be liable to you in
any way if Our Site (or any part of it) is unavailable at any time and for any
period.
- Intellectual Property Rights
- All Content included on Our Site and the
copyright and other intellectual property rights subsisting in that Content,
unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United
Kingdom and international intellectual property laws and treaties.
- Subject to sub-Clause[s] 4.3 [and 4.6] you may not reproduce, copy, distribute, sell, rent, sub-licence,
store, or in any other manner re-use Content from Our Site unless given express
written permission to do so by Us.
- 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);
- Download
Our Site (or any part of it) for caching;
- Print
[one copy of any] page[s] from Our Site;
- Download
extracts from pages on Our Site; and
- Save
pages from Our Site for later and/or offline viewing.
- Our status as the owner and author of the
Content on Our Site (or that of identified licensors, as appropriate) must
always be acknowledged.
- You may not use any Content saved or downloaded
from Our Site for commercial purposes without first obtaining a licence from Us
(or our licensors, as appropriate) to do so.
This does not prohibit the normal access, viewing and use of Our Site
for general information purposes whether by business users or consumers.
- Nothing in these Terms and Conditions limits or
excludes the provisions of Chapter III of the Copyrights, Designs and Patents
Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in
particular the making of temporary copies; research and private study; the
making of copies for text and data analysis for non-commercial research;
criticism, review, quotation and news reporting; caricature, parody or
pastiche; and the incidental inclusion of copyright material.
- Links to Our Site
- You may link to Our Site provided that:
- You
do so in a fair and legal manner;
- You
do not do so in a manner that suggests any form of association, endorsement or
approval on Our part where none exists;
- You
do not use any logos or trademarks displayed on Our Site without Our express
written permission; and
- You
do not do so in a way that is calculated to damage Our reputation or to take
unfair advantage of it.
- You may not link to Our Site from any other site
the main content of which contains material that:
- is
obscene, deliberately offensive, hateful or otherwise inflammatory;
- promotes
or assists in any form of unlawful activity;
- discriminates
against, or is in any way defamatory of, any person, group or class of persons,
race, sex, religion, nationality, disability, sexual orientation, or age;
- is
intended or is otherwise likely to threaten, harass, annoy, alarm,
inconvenience, upset, or embarrass another person;
- is
calculated or is otherwise likely to deceive another person;
- is
intended or otherwise likely to infringe (or threaten to infringe) another
person’s right to privacy;
- misleadingly
impersonates any person or otherwise misrepresents the identity or affiliation
of a particular person in a way that is calculated to deceive (obvious parodies
are not included in this definition provided that they do not fall within any
of the other provisions of this sub-Clause 5.4);
- implies
any form of affiliation with Us where none exists;
- infringes,
or assists in the infringement of, the intellectual property rights (including,
but not limited to, copyright, trademarks and database rights) of any other
party; or
- is
made in breach of any legal duty owed to a third party including, but not
limited to, contractual duties and duties of confidence.
- The content restrictions in sub-Clause 5.4 do
not apply to content submitted to sites by other users provided that the
primary purpose of the site accords with the provisions of sub-Clause 5.4. You are not, for example, prohibited from
posting links on general-purpose social networking sites merely because another
user may post such content. You are,
however, prohibited from posting links on websites which focus on or encourage
the submission of such content from users.
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not
under Our control. We neither assume nor
accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our
Site is for information only and does not imply any endorsement of the sites
themselves or of those in control of them.
- Disclaimers
- Nothing on Our Site constitutes advice on which
you should rely. It is provided for
general information purposes only. Professional
or specialist advice should always be sought before taking any action relating
to online marketing and advertising.
- Insofar as is permitted by law, We make no
representation, warranty, or guarantee that Our Site will meet your
requirements, that it will not infringe the rights of third parties, that it
will be compatible with all software and hardware, or that it will be secure.
- We make reasonable efforts to ensure that the
Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations,
warranties or guarantees (whether express or implied) that the Content is
complete, accurate, or up-to-date.
- Our Liability
- To the fullest extent permissible by law, We
accept no liability to any user 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.
- To the fullest extent permissible by law, We
exclude all representations, warranties, and guarantees (whether express or
implied) that may apply to Our Site or any Content included on Our Site.
- [Our
Site is intended for non-commercial use only.] If you are a business
user, We accept no liability for loss of profits, 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.
- We exercise all reasonable skill and care to
ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage
resulting from a virus or other malware, a distributed denial of service
attack, or other harmful material or event that may adversely affect your
hardware, software, data or other material that occurs as a result of your use
of Our Site (including the downloading of any Content from it) or any other
site referred to on Our Site.
- We neither assume nor accept responsibility or
liability arising out of any disruption or non-availability of Our Site
resulting from external causes including, but not limited to, ISP equipment
failure, host equipment failure, communications network failure, natural
events, acts of war, or legal restrictions and censorship.
- 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 excluded or restricted by law. For full details of consumers’ legal rights,
including those relating to digital content, please contact your local
Citizens’ Advice Bureau or Trading Standards Office.
- Viruses, Malware and Security
- We exercise all reasonable skill and care to
ensure that Our Site is secure and free from viruses and other malware.
- You are responsible for protecting your
hardware, software, data and other material from viruses, malware, and other
internet security risks.
- 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.
- 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.
- 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.
- By breaching the provisions of sub-Clauses 9.3
to 9.5 you may be committing a criminal offence under the Computer Misuse Act
1990. 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.
- Acceptable Usage Policy
- You may only use Our Site in a manner that is
lawful. Specifically:
- you
must ensure that you comply fully with any and all local, national or
international laws and/or regulations;
- you
must not use Our Site in any way, or for any purpose, that is unlawful or
fraudulent;
- 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;
and
- you
must not use Our Site in any way, or for any purpose, that is intended to harm
any person or persons in any way.
- We reserve the right to suspend or terminate
your access to Our Site if you materially breach the provisions of this Clause
10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the
following actions:
- suspend,
whether temporarily or permanently, your right to access Our Site;
- issue
you with a written warning;
- take
legal proceedings against you for reimbursement of any and all relevant costs
on an indemnity basis resulting from your breach;
- take
further legal action against you as appropriate;
- disclose
such information to law enforcement authorities as required or as We deem
reasonably necessary; and/or
- any
other actions which We deem reasonably appropriate (and lawful).
- We hereby exclude any and all liability arising
out of any actions (including, but not limited to those set out above) that We
may take in response to breaches of these Terms and Conditions.
- Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from https://pledgeconsultancy.co.uk/privacy-cookies/ and https://pledgeconsultancy.co.uk/privacy-cookies/. These policies are incorporated into these Terms and Conditions by this reference.
- Changes to these Terms and Conditions
- We may alter these Terms and Conditions at any
time. [If We do so, details of the changes will be highlighted at the top
of this page.] Any such changes will become binding on you
upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page
from time to time.
- In the event of any conflict between the current
version of these Terms and Conditions and any previous version(s), the
provisions current and in effect shall prevail unless it is expressly stated
otherwise.
- Contacting Us
To contact Us, please email Us at stacey@pledgeconsultancy.co.uk or using any of the methods provided on Our contact page at https://pledgeconsultancy.co.uk/contact-us/.
- Communications from Us
- If We have your contact details, We may from
time to time send you important notices by email. Such notices may relate to matters including,
but not limited to, service changes and changes to these Terms and Conditions.
- We will never send you marketing emails of any
kind without your express consent. If
you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us
include an unsubscribe link. If you opt
out of receiving emails from Us at any time, it may take up to 14 business days for Us to comply with your request. During that time, you may continue to receive
emails from Us.
- For questions or complaints about communications
from Us (including, but not limited to marketing emails), please contact Us at stacey@pledgeconsultancy.co.uk or via https://pledgeconsultancy.co.uk/contact-us/.
- Data Protection
- All personal information that We may use will be
collected, processed, and held in accordance with the provisions of EU
Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights
under the GDPR.
- For complete details of Our collection,
processing, storage, and retention of personal data including, but not limited
to, the purpose(s) for which personal data is used, the legal basis or bases
for using it, details of your rights and how to exercise them, and personal
data sharing (where applicable), please refer to Our Privacy Policy https://pledgeconsultancy.co.uk/privacy-cookies/ [and Cookie Policy https://pledgeconsultancy.co.uk/privacy-cookies/].
- Law and Jurisdiction
- 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 law of England & Wales,Northern Ireland & Scotland.
- If you are a consumer, you will benefit from any
mandatory provisions of the law in your country of residence. Nothing in
Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely
on those provisions.
- If you are a consumer, any dispute, controversy,
proceedings or claim between you and Us relating to these Terms and Conditions,
or the relationship between you and Us (whether contractual or otherwise) shall
be subject to the jurisdiction of the courts of England, Wales, Scotland, or
Northern Ireland, as determined by your residency.
- If you are a business, any disputes concerning
these Terms and Conditions, the relationship between you and Us, or any matters
arising therefrom or associated therewith (whether contractual or otherwise)
shall be subject to the exclusive jurisdiction of the courts of England &
Wales,Northern Ireland & Scotland