P4C.COM Limited Terms and Conditions
- General terms
- Limited rights to use content
- Limited rights for trainers
- Subscription Services
Please read this Agreement carefully as it governs your use of the p4c.com website (the “Site”). By continuing to use the Site you are agreeing to the terms that appear below. Some of the services on the Site are free to access and others are only available on a paid-for basis (“Subscription Services”). Part A below applies to all services, Part B applies only to the Subscription Services. If you are under 18, you should ask your parents to check these terms. If you have any questions, please email email@example.com.
These terms were last updated on 31 March 2008
PART A: GENERAL TERMS
Provision of Service
1. The Site is owned and operated by p4c.com Limited (company number: 06548227), whose registered office is at 70 Littleover Lane, Derby, Derbyshire DE23 6JG. (“p4c.com”). If you are accessing the service under your institution’s subscription arrangement, the terms agreed on behalf of your institution will apply and will prevail over this Agreement.
Limited rights to use content
2. All material displayed on the Site (“Content”) belongs to p4c.com or its licensors. Subject to clause 2.2, you may retrieve and display the Content on a computer screen, print pages on paper, or store such pages in electronic form on disk (but not on any server or other storage device connected to an external network) for your own personal, educational, non-commercial purposes and for the benefit of your pupils.
3. Some of the Content on the site will be subject to additional restrictions – the relevant copyright notice will make it clear where that is the case. You must comply with such restrictions.
4. You may not (without prior written permission from p4c.com):
- redistribute any of the Content or supply it to other adults (particularly by using it as part of any collection, library, archive, intranet or similar service);
- remove the copyright or trade mark notice from any copies of Content made under this Agreement;
- create a database in electronic or structured manual form by systematically downloading and storing all or large sections of the Content;
- modify or reproduce any of the Content with a view to commercially exploiting it.
Limited rights for trainers
5. If you give courses to adults in p4c, you will be provided with a collection of samples of content from the p4c website that you can copy freely and give to people on your courses, along with any material you have submitted to p4c.com as a contributor. You may not copy and distribute any other resources from p4c.com. You may demonstrate any aspects of the website ‘live’ to people who attend your courses. You may also, of course, share ideas you have gained from materials on p4c.com in oral form and use ideas from p4c.com as models for work of your own.
6. p4c.com allows you to submit material, content or comment that you can upload, post, email or otherwise transmit to certain collaborative areas of the Site. p4c.com reserves the right to delete, move and edit any material submitted. You are solely responsible for the material or content you submit to the Site and you agree to not use the service to;
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, or ethnically objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a p4c.comLimited staff member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
- “stalk” or otherwise harass another;
- or collect or store personal data about other users
By submitting material to the Site, you grant p4c.com a perpetual royalty free, non-exclusive licence to reproduce, modify, translate, make available and distribute any material you submit in whole or in part or in any form (unless you have signed and returned the p4c.com Copyright and Royalty Agreement in which case you are bound by the terms therein). By doing this you agree that you waive any moral rights you have in the material.
7. The Site contains material submitted by users over whom p4c.com has no control. p4c.com cannot guarantee the accuracy, integrity or quality of any such material. Some Users may breach these terms and post material that is misleading, untrue or offensive – you must bear all risk associated with your viewing of such material.
9. Indemnity: You agree to indemnify and hold p4c.comLimited and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of these terms and conditions, or your violation of any rights of another.
10. p4c.com will use its reasonable skill and care in making the Site available to you and in ensuring its continuing availability. However, because of the number of sources from which p4c.com obtains the Content and because of the nature of the Internet, p4c.com does not give you any other warranties. In particular, you should not take the accuracy or availability of the information for granted and p4c.com makes no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.
Limitation of Liability
11. In respect of the Content which is available free on the Site, p4c.com will use its reasonable endeavours to resolve faults but because this content is free you agree that p4c.com will not be liable for any losses you may incur as a result of your use or non-use of that Content. With regard to the Subscription Services, you agree that your exclusive remedy (in respect of any claim for breach of contract, negligence or otherwise) shall be limited to correction of the relevant Subscription Service or, at your option, a refund of the amount you have paid to p4c.com to receive the relevant Subscription Service less any reasonable allowance for your receipt of the functioning service.
12. Except where we have expressly agreed otherwise, neither you nor p4c.com will be responsible for any losses that the other suffers as a result of a breach of this Agreement except those losses which are a foreseeable consequence of the breach. Neither party will be responsible for indirect losses which happen as a side-effect of the main loss or damage and which are not foreseeable by p4c.com and you (such as loss of profits or loss of data).
14. p4c.com is continually seeking to improve the Site and services offered. p4c.com reserves the right, at its discretion, to make changes to any part of the Site. In respect of any Subscription Services, we will ensure that any changes do not materially decrease the functionality of those services.
15. In respect of non-Subscription Services, p4c.com may change or add to this Agreement as a result of its policy of updating and improving the Site or for security, legal or regulatory reasons. p4c.com will give you notice of any changes or additions. If you do not agree to be bound by those changes, you should not use the Site any further after receiving notice. Such changes will not affect any contract that relates to ongoing Subscription Services that you have with p4c.com at the time of the changes.
16. The Site contains links to other web sites and resources (either directly or through frames) and, where possible, p4c.com will make clear where such links are being made. Independent third parties provide these sites and p4c.com is not responsible and shall not be liable for the availability or content of these outside resources.
17. In respect of the free parts of the Site, there is no specific time limit applying to your access and use. However, p4c.com reserves the right to suspend or terminate your access and use of the free parts of the Site at any time. It may exercise the right with or without notice.
18. You may not assign, sub-licence or otherwise transfer this Agreement or your rights of access to the Site.
19. Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
20. A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
21. English law will apply to this Agreement and both you and p4c.com agree to submit to the non-exclusive jurisdiction of the English Courts.
PART B: SUBSCRIPTION SERVICES
22. p4c.com offers some services for which it charges a fee (“Subscription Services”). Details of what is included in those services (and the fee payable) are described in the relevant area of the p4c.com web site (the “Site”). Clause 23 The Terms below sets out provisions which are specific to certain Subscription Services. Part A (above) The General Terms also applies to Subscription Services and include certain exclusions and limitations on p4c.com’s and your liabilities under this Agreement. If you have any questions, please email firstname.lastname@example.org.
The Terms: Provision of All Paid-For Subscription Services
You must provide p4c.com with accurate and complete registration information, including (if applicable) valid credit card details. On registration, you will choose to be assigned a user name and password (“ID”). It is your responsibility to update p4c.com of any changes to that information (including your email address) by emailing email@example.com. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify p4c.com immediately by emailing firstname.lastname@example.org. p4c.com will try to process your subscription promptly but does not guarantee that any Subscription Service will be available to you by any specified time. By submitting your order you are agreeing that we may process your subscription and begin the service — once we have done so, you will not be able to cancel the order and receive a refund of the fee paid.
Each subscription for any Subscription Service is solely for use by you. p4c.com reserves the right to monitor usage of the Subscription Services using your ID. In the event that unauthorised users are accessing any Subscription Service using your ID then, without prejudice to its other rights and remedies, p4c.com reserves the right to charge you an amount equal to the charges which would have been payable had each unauthorised user subscribed for the Subscription Services themselves.
If p4c.com reasonably believes that your ID is being used in any way which is not permitted by this Agreement, p4c.com reserves the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved. p4c.com may terminate this Agreement by giving notice to you if you are in breach of this Agreement and in such case, p4c.com is not obliged to refund you any fees. p4c.com may terminate this Agreement if it discontinues a Subscription Service, in which case it will give you reasonable notice and you are entitled to a refund of that part of any fee which relates to the unexpired period of the relevant service.
Any other refunds will be given at the discretion of the Company Management.
24. Information Collected
- (a) It is necessary for p4c.com Limited (“p4c.com”) to collect your personal information for the purposes of registering you as a user of the website www.p4c.com (the “Site”). Your responses also help us to provide as complete a service as possible for you by ensuring that the Site and any appropriate advertising space that we sell reflects your needs and requirements.
- (b) If your contact details change, please amend details in the “edit your details” section.
- (c) p4c.com collects data listing which of p4c.com’s pages are most frequently visited and by which type of users.
25. Data Protection and Disclosure
- (a) p4c.com maintains registrations and takes all reasonable endeavours to comply with all requirements of the UK Data Protection Act 1998 and any regulation created under it.
- (b) p4c.com will not disclose any of your personally identifiable information except with your permission or under special circumstances such as when it believes in good faith that the law requires disclosure.
26. Further Use of Information
- (a) p4c.com may occasionally send you communications about products and services that it feels may be of interest to you unless you indicate that you are not interested in receiving such offers or information from us.
- (b) p4c.com does not sell, trade or rent user information to others unless you have given us permission. p4c.com will only share your information with carefully chosen, reputable and trustworthy third parties with your permission.
- (c) p4c.com will not pass on your personal information unless you have given your prior consent. Otherwise, p4c.com will only share aggregate statistics about sales and traffic patterns with our advertisers, but these statistics will not include any personally identifiable information.
28. p4c.com’s Security Policy
- (a) No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, p4c.com cannot ensure or warrant the security of any information you transmit to p4c.com and you do so at your own risk.
- (b) Following transmission, p4c.com will make best efforts to ensure the security of the information on its systems.
At p4c.com we collect information about our users for two main reasons:
- To help us continually improve the service we offer.
- To use the details of our users to sell appropriate advertising space on the site, and so continue to keep a proportion of p4c.com free for all our users.
We are absolutely committed to protecting your privacy. Our policy can be summarised in one sentence: we will not share your information with others without your prior consent. We have also established the following principles:
- We will respect your e-mail privacy, and will send you unsolicited mail from p4c.com only if you have agreed to this.
- We will not pass on any individual user details (including your e-mail address) unless we have your prior consent.
- Otherwise, we will only share aggregate statistics about our users, sales and traffic patterns with our advertisers.