PINZO Legal

INTRODUCTION
1. We are Pinzo Limited. Our registered address is 5^th Floor, Block 1, Elizabeth House, York Road, London, SE1 7NQ in the United Kingdom. For anything related to these terms and conditions, our privacy policy and/or cookie policy you may also write to us by email in the first instance at cs@pinzo.com.
2. We are a private limited company and are registered with Companies House under company number 10583028.
3. These terms and conditions:
  1. describe the legal basis on which we allow you to visit, browse and use our site and the content we have on the sites.
  2. govern our contractual relationship with regards to any of our subscription products that you purchase; but additional terms may also apply, depending on the product.
4. If you do not agree to these terms and conditions that you do not have our permission to visit, browse or use our site and you must not do so.
AMENDMENTS
1. We are constantly innovating and our site and our products will evolve over time; so we may need to make changes to these terms and conditions.
2. If you continue using our site after we have changed the terms and conditions then the new terms and conditions will apply to all such use. You should check back here frequently so that you are aware of our terms and conditions.
3. Any changes to any special terms that relate to a subscription product that you have purchased from us will usually only take effect on renewal of that subscription. We will tell you if this is not the case for your product for any reason.
TERRITORIALITY
1. Our site is managed from the United Kingdom and the content is primarily aimed at business users within the United Kingdom. However it is accessible outside of the United Kingdom.
2. We aim to be compliant with all the rules that are applicable within the United Kingdom but we do not promise that this is so for any other country. If you have questions about compliance in any other country please get in touch with us.
PERSONAL DATA
1. When you visit our site, register with us and/or view our content then you will be sharing your personal data with us. You should read our privacy policy to understand what information we collect, store and use.
2. By using our site and/or registering with us you are consenting to share your personal data in the manner referred to in our privacy policy.
REGISTRATION
1. When you register with us you must provide us with the correct details for yourself; so that we can contact you if needs be and so that you can recover your password if you ever forget it and so that you can purchase any subscriptions from us as and when you want to do so.
2. If we don’t have the right details for you (or believe we do not) then we reserve the right to terminate or suspend your account at our discretion.
3. If you know or suspect that your account credentials have been exposed or someone is misusing your account then you should:
  1. change your password as soon as possible (and if you are using a single-sign-on partner then you should change that password as soon as possible); and
  2. inform us (or your single-sign-on partner, as the case may be)

RIGHTS OF USE
1. As a visitor you may browse our site in the ordinary manner using your browser of choice.
2. As a registered user you may log-in and browse the members-only areas of our site in the ordinary manner using your browser of choice.
3. If you are a subscriber to any of our subscription products, you may access the content eligible for that subscription for the duration of the subscription.
4. You are not permitted:
  1. to access nor attempt to access any part of our site or our content to which you are not entitled.
  2. to copy content from our site
  3. to reproduce, duplicate, copy or re-sell any part of our site, nor
  4. to take any steps to (or to attempt to) circumvent any access controls on our site.
  5. to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 our site will cease immediately
  6. misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
5. You are not permitted to use our site
  1. in any way that breaches any applicable local, national or international law or regulation.
  2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  3. for the purpose of harming or attempting to harm minors in any way.
  4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with the rules set out in Clause 7
  5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

USER GENERATED CONTENT
1. In order to post content on our site you must be a registered user.
2. When you post content you must ensure that the content:
  1. Is accurate (where you are stating that something is a fact).
  2. be genuinely held (where it states opinions)
  3. Comply with the law applicable in England and Wales and in any country from which it is posted.
  4. must not:
    1. Be defamatory of any person.
    2. Be obscene, offensive, hateful or inflammatory.
    3. Promote sexually explicit material.
    4. Promote violence.
    5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    6. Infringe any copyright, database right or trade mark of any other person.
    7. Be likely to deceive any person.
    8. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
    9. Promote any illegal activity.
    10. Be in contempt of court.
    11. Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
    12. Be likely to harass, upset, embarrass, alarm or annoy any other person.
    13. Impersonate any person, or misrepresent your identity or affiliation with any person.
    14. Give the impression that the content emanates from Pinzo, if this is not the case.
    15. Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
    16. Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
    17. Contain any advertising or promote any services or web links to other sites.
3. We reserve the right:
  1. to moderate content that you submit, either prior to or after publication. This right in no way alleviates your responsibility to comply with the rules in clause 6(2); and
  2. to remove content that you submit if we receive a complaint about it and decide, in our discretion, whether the content infringes the rules in clause 6(2) and we expressly disclaim all liability in respect of any actions that we take in our discretion, in the furtherance of these rights.
4. If you want to complain about any content that someone else has contributed please write in to us at the above address. You will need to pinpoint the content about which you complain and explain how the relevant content is in breach of our rules. If you are alleging infringement then you must also provide evidence of your ownership or exclusive licence in respect of the original material or relevant registered right. You must also provide proof of your identity (a copy of a passport or other government issued photo identification) and your residential address (a recent utility bill) or if you are writing on behalf of a corporate entity evidence of your right to represent that entity.
5. If we receive a complaint that does not comply with the above rules, we reserve the right not to accept it as a valid complaint and no further correspondence will be entered into.
6. When you post content you are granting
  1. to us a perpetual and irrevocable licence to publish, modify (as required for moderation and formatting), store and otherwise use this content for our normal business purposes; and to identify you as the author of this content.
  2. to all our users, the right to view this content in the context of our site.This right expressly survives the termination of this agreement. Put simply, when you post content, it’s there to stay at our discretion. This does not affect any statutory right you may have under applicable data protection law.
7. 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.

RULES ABOUT LINKING TO OUR SITE
1. 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.
2. 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.
3. You must not establish a link to our site in any website or application that is not owned by you.
4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
5. We reserve the right to withdraw linking permission without notice.
6. The website in which you are linking must comply in all respects with the content standards set out in Clause 7.
ACCOUNT CLOSURE
1. Pinzo accounts cannot be ‘closed’ in the sense of being irretrievably deleted as we may need to retain data about you in order to identify any comments you have made (and react to complaints in respect of those comments) and for financial and other reasons in relation to any transactions you have made. Please see our privacy policy for more information.
2. However if you have active subscriptions you may cancel them at any time. Refund of any unused subscription will not be available unless the terms of that subscription expressly state to the contrary. A cancelled subscription may not be reactivated.
3. If you have no active subscriptions you can set your Pinzo account as ‘inactive’. This means that you will not receive any further messages from us. It may take some time for this status to be reflected in email campaigns as these are managed by a third party.
Disclaimers
1. Like all websites, some browsers are better supported than others and the visual look of our site may differ across each browser. Some functionality that we offer may not work with some browsers. If you encounter issues you should try to use an up to date version of a mainstream browsers such as Google Chrome or Mozilla Firefox.
2. The content on our site is aimed at helping you improve your sales skills. It is not intended to amount to advice on which you should rely but to help you with honing your approaches and skill-sets. In particular we do not promise any way that you will sell more or be a better salesperson as a result of our site; but we hope that you do.
3. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
4. Where our site 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
5. We do not guarantee that our site will be secure or free from bugs or viruses.
6. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
LIABILITY
1. Our site is aimed at business users and not consumers.
2. Whether you are a consumer or a business user 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.
3. If you are a business user:
  1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  2. 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:
    1. use of, or inability to use, our site; or
    2. use of or reliance on any content displayed on our site.
  3. In particular, we will not be liable for:
    1. loss of profits, sales, business, or revenue;
    2. business interruption;
    3. loss of anticipated savings;
    4. loss of business opportunity, goodwill or reputation; or
    5. any indirect or consequential loss or damage.
4. If you are a consumer user please note that we only provide our site and the content on the site to you for interest in the context of domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

GOVERNING LAW AND JURISDICTION
1. 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.
2. 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.

Version 1.0.0 adopted on 26th September 2017