You should read the following information carefully.
These Website Terms and Conditions of Use apply where You choose to enter this website (the Site, or Pennine Cloud) This Site is offered to you (“Your”/”You”) by The Pennine Cloud Company Limited, incorporated under the laws of England and Wales on April 6th 2018. Company Number 11296659. Registered address Stonefield, Penistone Road, Shepley, Huddersfield, HD8 8BE. Please read these Terms and Conditions carefully. If You do not agree to these Terms and Conditions, then You SHOULD EXIT the Site.
1. Acceptance of Terms and Conditions
1.1 By navigating across the Site, You will be deemed to have consented to these Terms and Conditions.
1.2 We reserve the right to change or update these Terms and Conditions from time to time (subject to Your termination right pursuant to paragraph 8). Any revisions to these Terms and Conditions will be published on the Site
2. Description of Membership and Subscription
2.1 As a Visitor, You can take advantage of many services on the Site for free. However other areas of the site require you to become a Member. Membership will require you to register your contact details.
3. Age of Consent
3.1 You must be 13 years or over to register as a Member. If We discover or have any reason to suspect that You are not over 13 years of age, then We reserve Our right to suspend or terminate Your Membership to this Site immediately and without notice.
4. Password Member Name and Security
4.1 Upon registration as a Member, You will receive an automatically generated Password and Member Name that You can use to access Your Member Account and Profile and to log on to the Members’ area of the Site.
4.2 You are responsible for maintaining the confidentiality of Your Password and Member Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Members’ area of the Site and will not be liable where Your Password or Member Name are used by someone else.
4.3 You agree to notify Us immediately of any unauthorised use of Your Password or Member Name or any other breach of security of which You become aware.
5. Your warranties
5.1 You warrant that:
5.1.1 You are over 13 years of age;
5.1.3 You will comply with these Terms and Conditions including, without limitation, the restrictions relating to acceptable use set out at section 6 below.
5.2 You agree to indemnify and hold Us harmless from any claim or damages (including any legal fees in relation to same) made by a third-party in respect of any matter in relation to or arising from Your use and Membership arising from any breach or suspected breach of these Terms and Conditions by You or Your violation of any law or the rights of any third-party.
6. Acceptable Use
6.1 We support the free flow of information and ideas over the Internet and do not actively monitor use of the Site, including the Members’ area under normal circumstances. We seek to balance this aim with Our obligations to other Members and at law however. We do therefore review all profiles entered onto the Site by Members, check instant messages where certain keywords are triggered and log chatroom exchanges in order to ensure compliance with these terms, and to comply with or investigate any enforcement agency or police request or complaints. We also therefore require that You do not:
6.1.1 say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others;
6.1.2 advertise or promote third-party or Your own products or services including by way of the distribution of ‘spam’ mail;
6.1.3 use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate;
6.1.4 make insulting remarks to or about other Members (“flaming”);
6.1.5 jump in and out of Site forum rooms (“frogging”);
6.1.6 distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors;
6.1.7 impersonate another person or Member;
6.1.8 transfer files that contain viruses, trojans or other harmful programs;
6.1.9 use the Site to conduct any fraudulent activity including any “pyramid scheme”; “ponzi scheme” or “chain letter”;
6.1.10 access or attempt to access the accounts of other Members or to penetrate or attempt to penetrate the Site security measures;
6.1.11 have more than one Member Account at any time, unless otherwise agreed in writing by Us.
6.2 We may take any or all of the following action at Our discretion:
6.2.1 remove any Member profile (including photographs) or other material that, in Our sole discretion may be inappropriate or We suspect to be illegal, subject Us to liability or which may violate these Terms and Conditions or where required to do so by law;
6.2.2 issue Members with verbal or written warnings and may take such further action as We deem appropriate under this paragraph
6.2 if such warnings are not heeded;
6.2.3 suspend or terminate a Member’s access to the Members’ area of the Site or a Member’s Account without notice at any time;
6.2.4 inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or
6.2.5 bring legal action against a Member or other user of the Site in relation to any breach of these Membership Terms and Conditions or any illegal or suspected illegal activity. We will determine what action is appropriate to be taken against a Member on a case by case basis.
6.3 You acknowledge that We may be required by law or regulation to access, monitor, store or copy material sent by or to Members without further notice to You.
7.1 Your Membership services commence immediately when You submit Your registration. This means that, subject always to Your right to terminate as set out below, You will not be able to cancel the services after this point.
8. Termination of Membership
8.1 You can terminate Your Membership at any time by notifying Us
9. Copyright and Other Intellectual Property Rights
9.1 Your use of the Site grants no rights to You in relation to copyright, trade marks or other of Our intellectual property rights or the intellectual property rights of third parties. Our trade marks include the 'Pennine Cloud™' and the 'Pennine Pound™'.
9.2 You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the content included in or provided via the Site except for Your own personal, non-commercial use. Subject to the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
9.3. We accept no responsibility or liability with regards to the information on this site.This information is of a general nature only and is not intended to address the specific circumstances of any particular individual or entity; not necessarily comprehensive, complete, accurate or up to date; sometimes linked to external sites over which We have no control and for which We assume no responsibility; not professional or legal advice (if you need specific advice, you should always consult a suitably qualified professional).
9.4. We acknowledge all third-party copyright and trademarks
10. Limitation of Liability
10.1 Whilst We will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not warrant that the Site will be available uninterrupted and in a fully operating condition nor that the information on and provided via the Site will be free from errors or omissions.
10.2 Access to this Site and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond Our control.
10.3 Save that nothing in this paragraph 10 shall restrict Your statutory rights (including Your right to receive a reasonable standard of service), all content and services on this Site are provided on an ‘as is’ and ‘as available’ basis. We do not make any representation or give any warranty in respect of the Site or its content, including, without limitation information provided by or regarding other Members. We can not vet all Member profiles and entries to ensure that they are appropriate or correct. Any decision made or action taken by You on the basis of information provided on or via the Site is at Your sole discretion and risk.
10.4 Due to the fact that many technical aspects of the Site and the content provided herein is supplied by or otherwise dependent on third parties, We do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through this Site.
10.5 We will not be liable for any damages, including indirect or consequential losses and whether in contract, tort (including negligence) or otherwise, arising in connection with any use by You or other Members of the Site that is in contravention of these Membership Terms and Conditions or is not directly attributable to Our negligence. Where We are liable for direct loss this will be limited to a maximum of the total price of the Member Subscription paid to Us by You in the 6 months prior to the claim.
10.6 Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by Our negligence.
11. Security and Privacy
12.1 We shall not be liable for any failure for any suspension, or termination of access to the Site or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting Us or Our suppliers.
12.2 If any of these Membership Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
12.3 These Membership Terms and Conditions shall be governed by and interpreted in accordance with the laws of England. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
13. Complaints and Feedback
13.1 If You have any complaints about another Member or any aspect of the Site or if You have any questions or would otherwise like to provide any other feedback, then You can contact Us by emailing Us or writing to us at our postal address. Details on how to do this are available here.
RECORDS OF VISITOR USE AND ABUSE
You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.