Terms of Website Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
WHAT’S IN THESE TERMS?
These terms tell you the rules for using our website, https://portal.pimento.co.uk ("the Portal").
Click on the links below to go straight to more information on each area:
Who we are and how to contact us
By using our site you accept these terms
There are other terms that may apply to you
We may make changes to these terms
We may make changes to our site
We may suspend or withdraw our site
You must keep your account details safe
How you may use material on our site
Do not rely on information on our site
We are not responsible for websites we link to
User-generated content is not approved by us
When we are responsible for loss or damage suffered by you
Rules about uploading content to our site
Rights you are giving us to use material you upload
We are not responsible for viruses and you must not introduce them
Rules about linking to our site
Which country’s laws apply to any disputes?
Pimento Membership
WHO WE ARE AND HOW TO CONTACT US
Pimento Ltd, registered address Suite 3, Middlesex House, Rutherford Close, Stevenage, Herts SG1 2EF, Registered Company Number 06744428 ("we", “us” or “our”), is committed to protecting and respecting your privacy.
We are a limited company.
To contact us, please email support@pimento.co.uk.
BY USING OUR SITE YOU ACCEPT THESE TERMS
By using the Portal, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use the Portal.
We recommend that you print a copy of these terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These terms of use refer to the following additional terms, which also apply to your use of the Portal:
Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Portal, you consent to such processing and you warrant that all data provided by you is accurate.
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Portal. When using the Portal, you must comply with this Acceptable Use Policy.
Our Cookie Policy, which sets out information about the cookies on the Portal.
WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use the Portal, please check these terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO OUR SITE
We may update and change the Portal from time to time to reflect changes to our products, our users’ needs, our business priorities and/or changes to the law. We will try to give you reasonable notice of any major changes.
WE MAY SUSPEND OR WITHDRAW OUR SITE
We do not guarantee that the Portal, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Portal for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access the Portal through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@pimento.co.uk.
HOW YOU MAY USE MATERIAL ON OUR SITE
Trigger and Pimento are the owners or the licensees of all intellectual property rights in the Portal, and in the material published on and accessed through it. Those works are protected by copyright laws and treaties around the world and, with regard to deliverables and other project services which are exchanged through the Portal. All such rights are, to the fullest extent possible, reserved.
Regarding works published on the Portal which are not connected to a project:
You may print off one copy, and may download extracts, of any page(s) from the Portal for your personal use and you may draw the attention of others within your organisation to content posted on the Portal.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Portal must always be acknowledged.
If you print off, copy or download any part of the Portal in breach of these terms of use, your right to use the Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The foregoing does not apply to services/deliverables which are supplied pursuant to a project between any or all of a client, a member and Pimento.
DO NOT RELY ON INFORMATION ON THIS SITE
The content on the Portal is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Portal.
Although we make reasonable efforts to update the information on the Portal, we make no representations, warranties or guarantees, whether express or implied, that the content on the Portal is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where the Portal contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
USER-GENERATED CONTENT IS NOT APPROVED BY US
The Portal may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on the Portal do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on support@pimento.co.uk.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our relevant terms and conditions.
We exclude all implied conditions, warranties, representations or other terms that may apply to the Portal or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Portal; or
- use of or reliance on any content displayed on the Portal.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
UPLOADING CONTENT TO THE PORTAL
Whenever you upload content to the Portal, or make contact with other users of the Portal, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to the Portal will be considered confidential as between you and other members, or the parties to a relevant project. The rights in and to the content you upload is retained by the client or other member which engages you, and for the relevant project such client or member grants to us and other users of the Portal a limited licence to use, store and copy that content. the relevant project also provides when ownership to content is transferred. The rights you license to us are described in Rights you are giving us to use material you upload (see below).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Portal constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on the Portal if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
It is expected that material you upload will be in the course of your engagement by a client or other member, and therefore all rights in that material will be owned by such client or member and subject to transfer in accordance with the terms of the relevant project.
Rights which subsist in posts including comments and chat within the Portal will vest in you to the extent that such posts do not form part of the project services.
Where you are the owner of such rights, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Portal and across different media, and to use the content to promote the site and/or Pimento.
Any such licence shall be for a term of 12 months following upload/post or, if such material relates to a project, for a term of 12 months from the date the relevant project ends.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that the Portal will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the Portal. You should use your own virus protection software.
You must not misuse the Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Portal, the server on which the Portal is stored or any server, computer or database connected to the Portal. You must not attack the Portal via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Portal will cease immediately.
RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Portal in any website that is not owned by you.
The Portal must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on the Portal other than that set out above, please contact support@pimento.co.uk.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
PIMENTO MEMBERSHIP
As a Pimento member, you will have use of the Portal and access to other members’ information as shown in the Portal according to these terms of website use.
As a Pimento member you agree to abide by the terms of your membership agreement and commission structure, please refer to your individual Pimento agreement for more information. You will need to make sure you include a commission on any projects with other members in the Pimento network.