Terms and Conditions of Services
Each time you use or access this website, you agree to be bound by these Terms & Conditions which may be amended from time to time with or without notice to you. This agreement applies as between you, the User of this Web Site and www.penni-management-solutions.com the owner of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our acceptance of your on-line payment for selected PENNI products (B2C) or by receipt of your order in writing (B2B) in accordance with our terms and conditions.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“www.penni-management-solutions.com” means www.penni-management-solutions.com trading by PENNI of 3 Villa Farm Close, High Heath, Market Drayton, Shropshire TF9 2UE;
“Service” means collectively any online facilities, tools, services or information that www.penni-management-solutions.com makes available for purchase or otherwise through the Web Site either now or in the future;
“Payment Information” means any details required for the purchase of Services from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our place(s) of business located at 3 Villa Farm Close, High Heath, Market Drayton, Shropshire TF9 2UE;
“System” means any online communications infrastructure that www.penni-management-solutions.com makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by www.penni-management-solutions.com and acting in the course of their employment; and
“Web Site” means the website that you are currently using (www.penni-management-solutions.com) unless expressly excluded by their own terms and conditions.
All content within this website is protected by UK copyright. All rights reserved. Copyright law prohibits copying; re-distributing; retransmitting or re-purposing of any material on this site without prior written agreement from www.penni-management-solutions.com .
2. Age Restrictions
There are no age restrictions on this site. Content is aimed specifically at those persons already in or considering management positions. Anyone under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions apply to business and non business customers.
3.1 Our Service
The www.penni-management-solutions.com website is provided to you on an "AS IS" basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of www.penni-management-solutions.com , our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by www.penni-management-solutions.com .
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of www.penni-management-solutions.com or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http:// www.penni-management-solutions.com with prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of PENNI. To find out more please contact us by email at firstname.lastname@example.org.
8.1 Third Party Services
Goods and services of third parties may be advertised and/or made available on or through our website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
8.2 LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF OUR SERVICES TO INCLUDE ANY RELIANCE ON COMMENTS MADE IN OUR REPORTS PROVIDED TO YOU AS A RESULT OF THE PROVISION OF OUR SERVICES
9.1 In order to purchase Services on this Web Site and to use the forum facilities you are required to submit certain personal details and Payment Information which may vary based upon your use of the Web Site. We require this information before you make a purchase and request payment is advance of your Services being received. By continuing to use this Web Site you represent and warrant that:
9.1.1 all information you submit is accurate and truthful;
9.1.2 you have permission to submit Payment Information where permission may be required; and
9.1.3 you will ensure all information submitted is accurate and up-to-date.
9.2 www.penni-management-solutions.com accepts no liability for any losses or corruption of your report or our Services as a result of IT problems, software problems, viruses, hacking, loss of power, damaged hardware and communication related issues which are beyond our reasonable control
9.3 If you have reason to believe that your report or our Services may not be received as a result of the examples given in 9.2 then, you should contact www.penni-management-solutions.com immediately. Please be aware that purchases cannot be cancelled after the point of payment completion. www.penni-management-solutions.com accepts no liability or responsibility for any unauthorised purchases made by third parties without prior permissions from the authorised party.
10. Termination and Cancellation
10.1 Either www.penni-management-solutions.com or you may terminate the supply of our services.
10.2 If www.penni-management-solutions.com terminates our services, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
10.3 If www.penni-management-solutions.com terminates your services, any current or pending purchases will be cancelled and will not be dispatched.
10.4 www.penni-management-solutions.com reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
10.5 The User may terminate the supply of our Services within the 7 day ‘cooling off’ period as prescribed under Distance Selling Regulations
10.6 The User warrants that in the event of termination under 10.5 any copies, rights of access, original reports or information are returned to Penni
11. Services, Pricing and Availability
11.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Services available from www.penni-management-solutions.com correspond to the services provided, www.penni-management-solutions.com is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to Clause 14.1 for incorrect Services.
11.2 All pricing information on the Web Site is correct at the time of going online. www.penni-management-solutions.com reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated on a regular basis.
11.3 Penni is not VAT registered.
12.1 www.penni-management-solutions.com aims to deliver Services to you within the timescales specified by you. All on-line products will be received immediately upon completion of the assessment. www.penni-management-solutions.com is not liable or responsible for any incorrect, inaccurate or inconsistent data entries by you as part of the assessment process. All off-line products such as consultancy will be received at dates agreed by both parties as set out in the quotation and only after receipt of a confirmation order in writing, payments to be made within 30 days subject to completion of delivery and with appropriate order number referencing.
13. Returns Policy
www.penni-management-solutions.com always aims to provide high quality Services that are accurate, free of analytical errors and based on reliable data. On occasion however recommendations made or reports produced as part of the supply of our Services may need to be recalled where inaccuracies have been identified. Returns are governed by these Terms and Conditions.
13.1 If you receive Services which do not meet our agreed set of requirements, unless accompanied by an explanatory note detailing the need for changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange a recall of reports supplied or Services provided. www.penni-management-solutions.com is not responsible for any costs incurred. You will be given the option to have the Services replaced with those ordered or to be refunded through the payment method used by you when purchasing the Services. Refunds and replacements will be issued upon our receipt of the recalled Services.
13.2 www.penni-management-solutions.com reserves the right to exercise discretion with respect to any returns and recalls under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
13.2.1 Any use or enjoyment that you may have already had out of the Services;
13.2.2 Any characteristics of the receiving email system which may cause them to be corrupted;
13.2.3 The fact that the Services consist of information that may be copied, used and then returned;
14.2 www.penni-management-solutions.com is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used in accordance with this privacy statement.
14.3 We take appropriate steps in accordance with this privacy statement to maintain the security of our ‘Users’ data on www.penni-management-solutions.com. Unfortunately, the open nature of the Internet is such that data may flow over networks without security measures and may be accessed and used by people other than those for whom the data is intended.
14.4 www.penni-management-solutions.com may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
15.1 www.penni-management-solutions.com makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
15.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind
15.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
16. Changes to the Service and these Terms and Conditions
www.penni-management-solutions.com reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If www.penni-management-solutions.com is required to make any changes to Terms and Conditions relating to sale of Services by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
17. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. www.penni-management-solutions.com gives no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. www.penni-management-solutions.com accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
18. Limitation of Liability
18.1 To the maximum extent permitted by law, www.penni-management-solutions.com accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
18.2 Nothing in these Terms and Conditions excludes or restricts www.penni-management-solutions.com liability for death or personal injury resulting from any negligence or fraud on the part of www.penni-management-solutions.com .
18.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
19. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
20. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by email to email@example.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
22. Law and Jurisdiction
These terms and conditions and the relationship between you and www.penni-management-solutions.com shall be governed by and construed in accordance with the Law of England and Wales and www.penni-management-solutions.com and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.