Terms of Service

Performance Management Systems Limited maintains this website (the “Site”) for the use of Site users (“Users”) upon agreement to the following terms. This website is hosted via the Wix.com platform. Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms of Service” and forms a binding agreement between you and Performance Management Systems Limited. If you do not agree to these terms, do not use this Site.

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1. Use of Site

Performance Management Systems Limited provides various materials, information, downloads, models, images, articles, news and other information on this and related sites through this site (the “Materials”). Where they are made available for download, Performance Management Systems Limited authorises each User to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed for their own personal use, provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them without prior consent from Performance Management Systems Limited. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarise, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorised use of the Site.

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2. Trademark and Copyright

Performance Management Systems Limited, The Performance Learning Company Limited and certain other brands, trademarks, and service marks are marks of Performance Management Systems Limited and its affiliates. The Materials on this Site are copyrighted, and any unauthorised use of any Materials on this Site may violate copyright, trademark, and other laws.

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3. Third-party Links

Links to external websites are provided solely as a convenience to you. Performance Management Systems Limited has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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4. No Warranty

You expressly agree that your use of, or inability to use, the service is at your sole risk. The Materials, products and services provided at this Site are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement of intellectual property. Performance Management Systems Limited further does not warrant the accuracy and completeness of the Materials at this Site.

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We do not warrant that the quality of any products, Materials, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

Performance Management Systems Limited may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and Performance Management Systems Limited makes no commitment to update the Materials at this Site.

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We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

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You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. We reserve the right to discontinue any product or Materials at any time.

 

5. Limitation of Liability

In no event will Performance Management Systems Limited, its suppliers, directors, officers, employees, contractors, affiliates, licensors, service providers, sub-contractors, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, those resulting from your performance and/or results, lost profits, lost revenue, lost savings, loss of data, replacement costs, interruption of services, inaccurate information, or any similar damages) arising out of the use, inability to use, or the results of the use of this Site, any websites liked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

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6. Indemnification

You agree to indemnify, defend and hold harmless Performance Management Systems Limited and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, sub-contractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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7. Personal Information

Your submission of personal information through this website is governed by our Privacy Policy.

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8. Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

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We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

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9. User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

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You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

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10. Governing Law

These Terms of Service and all contracts to which they apply shall in all respects be governed and construed in accordance with English Law and shall be subject to the jurisdiction of the English Courts.

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11. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

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These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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We reserve the right, but are not obligated, to limit the sales of our products or Materials to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Materials that we offer. We reserve the right to refuse service to anyone for any reason at any time.

 

12. Effective Date and Updates

The Terms of Service are effective as of June 27th, 2019 and are subject to change without notice by Performance Management Systems Limited at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.

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13. Contact Information

Questions about these Terms of Service should be sent to us at jonathan@pmsystems.co.uk

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