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Terms Of Use

About these Terms of Use

1. Your access to and use of this website at www.pace.com (“Website”) is subject to these website terms and conditions of use (“Terms of Use”) and all applicable laws. These Terms of Use apply to all users of our Website and explain how it should be used.  You should therefore read these Terms of Use very carefully. Your use of the Website constitutes your unqualified agreement to accept and comply with these Terms of Use.

2. When you use this Website, you may provide us with personal information if you contact us for any reason, for example, if you raise an enquiry with us.  Any personal information which you provide will be dealt with in accordance with our Privacy Policy which forms part of these Terms of Use and which also applies to your use of this Website.

About Us

3. This Website is operated by Pace Plc, a company registered in England under company number 1672847. Our registered office is at Victoria Road, Saltaire, West Yorkshire, BD18 3LF which is also our main trading address and our VAT registration number is 974 8416 75. We are a public limited company. “Pace” is a registered trademark of Pace plc.

Website Content and Our Rights

4. Whilst we use reasonable efforts to include accurate and up to date information on the Website, errors may occur. We do not give any warranty or representation as to the accuracy or completeness of the information and do not accept responsibility or liability for errors or omissions.  We shall not be obliged to update information which may become out of date (other than if we are legally obliged to do so).

5. We may adapt, take down, alter, delete or in any other way change the content of our Website at any time and without notice.

6. The Website and its content are owned by Pace plc or its third party licensors. All design, text, graphics, images and arrangement of them, together with all other Website content is protected by copyright and other ownership rights, known as intellectual property rights and may not be used except as expressly provided in these Terms of Use, without our prior written approval. Where any material from this Website is used by you in accordance with these Terms of Use, Pace’s copyright and trade mark notices must appear on all copies. We do not warrant or represent that your use of materials displayed on the Website will not infringe the rights of third parties.

7. The trademarks, logos and service marks (collectively the "Trademarks") displayed on the Website (whether registered or unregistered) are and shall remain the property of their respective owners. Nothing contained on the Website shall be construed as granting any licence or right to use any Trademark displayed on the Website without the written permission of the relevant Trademark owner. Your misuse or infringement of any of the Trademarks displayed on the Website is strictly prohibited.

Use of the Website

8. You shall not copy, adapt, download, exploit or otherwise use the information contained on the Website in any way, save for the purpose of: enquiring about or requesting information relating to products or services featured on the Website; or downloading and temporarily storing one or more of the pages of the Website for the purpose of viewing information, for your personal use only, on a personal computer or terminal. You must not use materials on our Website for any commercial enterprise or activity although you may also draw the attention of others within your organisation to material posted on our Website for information purposes. You shall not be entitled to reproduce, permanently store, or retransmit any of the contents of the Website without our prior written consent or except as expressly otherwise stated in these Terms of Use. You must not modify any materials which you have downloaded or printed in any way and should not use photographs, graphics or other representations away from accompanying text.  This Clause 8, is not intended to prevent the proper and authorised use of official press releases made available by the Pace press office from time to time.

9. The Website is offered as a free information service.  Pace plc is a company registered in England, all communications shall be in English and the Website is designed to comply with English law.  You may be viewing this Website in a country in which we do not operate and we cannot be held responsible for non-compliance with any local laws in relation to this Website or its contents.  A link to pages specific to Pace in the Americas is provided: www.pace.com/americas.

10. Whilst we try to keep our anti-virus software up-to-date we do not warrant that the Website, its servers, software, downloadable files or e-mails which may be sent by us, are free from viruses or other harmful components and we will not be liable for any loss or damage which you suffer as a result of any harmful material infecting your computer, software, data or other material due to your use of our Website.

11. You must not:

a) introduce or attempt to introduce any virus or other contaminant to the Website or any software or systems nor attack the Website via a denial of service attack or similar;

b) in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of the Website, its software or systems;

c) in using this Website (or in using any website to which we provide a link or in making any comments in relation to this Website or Pace), do anything which is defamatory, abusive, unlawful or which in any way, may cause offence to any person or which is deceptive or dishonest.  All such activities are strictly prohibited.  You should adhere to the spirit as well as the letter of these restrictions;

d) attempt to access, damage or disrupt any equipment or network used in making this Website available;

e) use the Website to in any way infringe the intellectual property rights of any person;

f) use the Website in breach of any legal duty owed to a third party such as a duty of confidentiality or a duty under a contract or in a way which breaches any applicable law;

g) use the Website in any way which is fraudulent.

12. The use of spam, (that is, multiple, unsolicited or undesired bulk e-mails) is forbidden.

13. Access to our Website is permitted on a temporary basis.  We will not be liable in the event that the Website is unavailable for any period.

14. Any material which you upload to our Website will be considered as non-confidential and we will have the right to use that material as we see fit for our proper business purposes but subject to the terms of our Privacy Policy. We also reserve the right to identify you to third parties who may claim that their rights have been infringed as a result of material which you submit to us.

Links

15. Hypertext links are links by which visitors can move from one website to another or from one page to another within the same website. Deep links are hypertext links which take visitors into a particular page on a website whilst bypassing the homepage of that website. Our Website contains hypertext links to third parties' websites. Any hypertext links and deep links between our primary Website and any third party website are provided for your convenience only and we accept no liability whatsoever for the contents of any such third party website.

16. We exclude, to the fullest extent permitted by law, all liability that may arise in connection with or as a result of third party website material causing any damage, costs, injury, expense or loss of any kind. Please note when you link to a third party website, the provisions of our Privacy Policy do not apply to any personal information collected and processed by that website's operator. Further, any third party websites to which we provide links, may have their own terms and conditions which regulate the use of those websites and for which we are not in any way responsible.

17. You agree that you will not create any hypertext links between the Website and any other website without our prior written consent and subject to any conditions which we may impose.

Liability

18. Your use of the Website is free of charge and at your risk. The information and materials provided on the Website are of a general nature only and cannot be regarded as constituting advice or recommendations (professional or otherwise). The information provided is not in any way intended to be tailored to or take account of, individual circumstances. We shall not be liable for any costs, claims, damages, liabilities or expenses however they arise as a result of your use of or reliance on information on the Website nor for any action or decisions you take based on the information we provide.  You are therefore responsible for making sure that your use of and reliance on this Website is suitable for your own purposes. 

19. Further, to the extent that the law permits, we do not accept any liability for any direct, indirect, special or consequential losses or damages of whatever nature incurred by any user in any way in connection with our Website, any material posted on it or any websites linked to it, including, but not limited to loss of profits, loss of anticipated savings, loss of income or revenues, loss of or damage to data, loss of goodwill, business, opportunities or contracts or wasted office or management time, no matter how the same arise and whether resulting from contract, tort (including negligence) or any other cause whatsoever.

20. We exclude all warranties, express or implied, relating to the Website and the information and materials on it, to the fullest extent permitted by law.

21. Nothing in these Terms of Use excludes or limits our liability for death or personal injury resulting from our negligence or in respect of fraudulent misrepresentations made by us nor for any other liability which cannot be excluded or limited by applicable law.

22. Nothing contained in these Terms of Use will affect your statutory rights.  This means that where the law grants certain rights to you, nothing contained in these Terms of Use will affect those rights which the law gives to you.

Indemnity

23. You agree to indemnify and keep indemnified us, our officers, directors, agents, licensors, successors and assigns against all liabilities, claims, losses, costs, damages and expenses including legal fees incurred by us should you breach any of these Terms Of Use. We reserve the right to assume the defence and control of any matter subject to indemnity by you and, in such case, you undertake to co-operate in full with our defence of any such claim.

Feedback and Complaints

24. Any queries, feedback, complaints or comments you may have about the Website should be submitted by emailing us at info@pace.com or writing to Pace plc, Victoria Road, Saltaire, West Yorkshire, BD18 3LF.

Privacy Policy

25. Any personal information we collect from you shall be used in accordance with our Privacy Policy.

Connection and Charges

26. You are responsible for obtaining an appropriate connection with a telecommunications provider in order to access the Website.

27. You shall be responsible for the costs of all charges you incur in accessing and using the Website.

General

28. These Terms of Use apply only to your use of the Website. If you subscribe to any of the services or purchase any goods described on the Website, we will ask you to agree to be bound by the terms of a separate agreement, setting out the basis upon which such services or goods will be provided.

29. We may amend these Terms of Use at any time and you should check these Terms of Use from time to time. If we make any substantial changes, we will notify you by posting a notice on the Website. You are bound by any changes we make to these Terms of Use from the time they are first made available. You can view the current version of these Terms of Use at any time, by clicking on the Site Terms of Use link, via the link to “Legal” on the homepage of the Website. 

30. We may refuse access to this Website to anyone who does not comply with these Terms of Use.

31. The headings in these Terms of Use are for convenience only and shall not affect their meaning.

32. If any of these Terms of Use is found to be unenforceable, it shall not affect the enforceability of the other terms.

33. These Website Terms of Use shall be governed by and construed in accordance with English law and are subject to the jurisdiction of the English Courts except with regard to enforcement, in which case, jurisdiction shall be non-exclusive.

34. Without in any way affecting the other provisions of these Terms of Use, we will not be responsible for any losses or similar arising due to anything beyond our reasonable control including for example, breakdown of equipment, software defect, unavailability of the Website or downtime, incorrect third party information, strike, natural disaster or terrorist act.

35. Failure by you or us to exercise rights under these Terms of Use or a delay in doing so will not affect any of the remaining rights and remedies available to us or you, as the case may be.

36. These Terms of Use may be relied on and shall also be for the benefit of any and all members of the Pace plc group of companies from time to time.

37. Other than as expressly stated in these Terms of Use, a person who is not a party to them will not have any rights to rely on or enforce any provision in them under the Contracts (Rights of Third Parties) Act 1999.

38. In the event that you breach any of these Terms of Use, we may report any relevant breach to the law enforcement authorities.