Risk Manager - Terms of Use

The PCS Portal Agreement V1_12/9/16

The PCS Client Portal Agreement (the “Agreement") is made by and between PCS Asbestos Consultants Ltd (“PCS”) and clients of PCS (the “Clients”) and those employees and contractors and others who have been so authorised by Clients to access and use the PCS Client Portal (the “Registered Users”). This Agreement with the following terms and conditions set out below becomes effective at the time and date access to the PCS Client Portal is first activated and completed by the Client and or the Registered User. Where the context so requires it “You” “Your” or “Yours” refers to the particular Client and or the particular Registered User.

1.       Purpose

PCS provides a secure internet site “PCS Risk Manager” and an IOS App the “PCS Risk Manager Client App” (both of which are hereafter referred to either separately or together as the “PCS Client Portal”), to permit easy and secure electronic transfer of documents between You and PCS as well as ongoing access to certain documents (which may include confidential documents) created or maintained by PCS.  PCS has sole discretion to decide which types of documents can be uploaded or viewed on the PCS Client Portal.

 2.       Acceptance of Terms of Use

The PCS Client Portal is offered to You conditioned upon acceptance of the terms, conditions, and notices contained herein by You.  By using the PCS Client Portal You agree to these terms and conditions.  PCS may modify, suspend, discontinue or restrict the use of any portion of the PCS Client Portal, including the availability of any portion of the content at any time, without notice or liability to You or any other party whosoever.

 3.       Description of Service

The PCS Client Portal provides You with access to information displayed on the PCS Client Portal for deliveries of documents and information relating only to the account of the Client or Clients who have so authorised You.  Various information, documents, and communications on the PCS Client Portal are provided as a convenient resource to Clients and their Registered Users and may be used for informational purposes only.  This various abridged information contained on PCS Client Portal should NOT be used as a substitute for reviewing and consulting the latest full issued asbestos survey report.

4.       Service Availability

PCS will use its best efforts to provide 24 hour daily availability of the PCS Client Portal. However, PCS makes no representation or warranty that 24 hour service will be available. You agree and acknowledge that the PCS Client Portal will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures.  PCS shall not be responsible to You or any other party whosoever for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the PCS Client Portal.   PCS is not responsible for any problems or technical malfunctions of any telephone or fibre network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail to be received by PCS on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Your computer or peripherals related to downloading any materials in from the PCS Client Portal.

 5.       User Password and Security

Using the PCS Client Portal and its related services requires the use of a user name and password.  The confidentiality of the user name, password and account itself are the responsibility of You and the Registered User.  Any activities that occur in Client’s accounts on The PCS Client Portal are the responsibility of the Client and the Registered User .  You agree to notify PCS immediately of any unauthorised use of accounts or any other breach of security.  The use of another person’s username and password is expressly prohibited.

You acknowledge that the use of username and password is an adequate form of security.  You are responsible for:

                                              I.            authorising, monitoring, controlling access to and maintaining strict confidentiality of user names and passwords,

                                            II.            not allowing another person to use Your username or password,

                                          III.            any changes or damage that may be incurred as a result of Your neglect to maintain the strict confidentiality of Your username and password, and

 You undertake to promptly inform PCS in writing of any need to deactivate a username due to security concerns or otherwise.

 

PCS is not liable for any harm related to the misuse or theft of usernames or passwords, disclosure of usernames or passwords, or Your authorisation to allow another person or entity to access and use the PCS Client Portal using Your username or password. You shall immediately notify PCS of any unauthorized use of Your username or password and any breach of confidentiality. Until PCS receives such notification from You , You will be held liable for any harm ensuing from the use of Your username on the PCS Client Portal.

PCS will use commercially reasonable efforts to make the PCS Client Portal secure from unauthorised access. The PCS Client Portal uses industry standard 256bit encryption on communications between Your device and the PCS Client Portal server.  However, You recognize that no completely secure system for electronic data transfer has yet been devised

PCS MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EFFICACY OF THE SECURITY OF THE PCS CLIENT PORTAL AND SHALL NEVER BE LIABLE FOR ANY CLAIMED ACTUAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY BREACH OR ALLEGED BREACH OF SECURITY OF THE PCS CLIENT PORTAL.

 6.       Registered Users

Access to the PCS Client Portal is on an individual basis, only Client approved Registered Users will be given access to the PCS Client Portal . Permission levels must be specified by the Client and PCS accepts no liability whatsoever for errors or mistakes howsoever arising  in approval of Registered Users by Clients including for any incorrectly completed forms.

 7.       Termination of Logon Account

You agree to notify PCS when Your access to the PCS Client Portal account is to be terminated. PCS will make commercially reasonable efforts  to terminate Your access immediately.  However, You cannot be assured that access has been terminated until You receive confirmation of the termination from PCS.

 9.       Accuracy of Content and Liability Disclaimer

To the maximum extent permitted by applicable law, all such information, software, documents, and communications are provided by PCS through the PCS Client Portal “as is" without warranty or condition of any kind.  PCS and its suppliers hereby disclaim all warranties and conditions with regard to such information, software, documents, and communications, including without limitation, all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

 To the maximum extent permitted by applicable law, in no event shall PCS, or its suppliers, be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages whatsoever, including without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with Your use or the performance of the PCS Client Portal, with the delay or inability to use the PCS Client Portal or related services, whether based in contract, tort, negligence, strict liability, or otherwise, even if PCS or its suppliers has been advised of the possibility of damages.

Given the changing nature of legislation and the inherent hazards of electronic communication, there may be delays, omissions, or inaccuracies in information contained in the PCS Client Portal.  As such, no information on the PCS Client Portal or related sites should be used as a substitute for consultation with professional advisors.

 If You are dissatisfied with any portion of the PCS Client Portal, information, documents, or communications on the PCS Client Portal , or with any of these terms and conditions of use, Your sole and exclusive remedy is to cease using the PCS Client Portal and the information, documents, or communications You obtained from the PCS Client Portal .

 10.   Icons, Logos, and Other Proprietary Material

The trademarks, logos, and service marks (collectively the “Trademarks") displayed on the PCS Client Portal are registered and common law trademarks of PCS.  Nothing contained on the PCS Client Portal should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks displayed on the PCS Client Portal without the written permission of PCS . Your use of any of the Trademarks displayed on the PCS Client Portal or displayed on any content on the PCS Client Portal is strictly prohibited.

 You should assume that everything You see or read on the PCS Client Portal  is copyrighted and is a trade secret and may not be used except as provided in these terms and conditions of use or in the text on the PCS Client Portal  without the written permission of PCS or its suppliers.

 11.   Changes to Terms and Conditions of Use

PCS reserves the right to modify the terms, conditions, and notices under which the PCS Client Portal   is offered.  Your continued use of the Company’s Client Portal after the posting of any amended terms and conditions shall constitute Your agreement to be bound by any such changes.

 12.   Confidentiality, Information Protection, and Protection of Data

Notwithstanding any existing legal or contractual obligations regarding confidentiality between You and PCS, You undertake to treat all knowledge relating to business secrets, which come into Your possession, as confidential.  You shall assure that any protected data, which comes into Your possession through the use of the PCS Client Portal , is not transmitted to any unauthorised person.  In partial consideration of the opportunity to access the resources of the PCS Client Portal concerning Your account, You agree to maintain the strict confidentiality of access of the PCS Client Portal and its data to You and Your authorised employees and to indemnify and hold harmless PCS  and its Directors, Officers, Shareholders, and Employees and their heirs, successors, and assigns from and against any and all claims, actions, demands, losses, damages, judgments, costs, and expenses, including without limitation, reasonable attorneys’ fees and liabilities of every kind that may arise from Your or Your employees’ use of the PCS Client Portal or because of violation by You or Your employees of these terms and conditions of use.

 13.   No Unlawful or Prohibited Use

You are prohibited from using the PCS Client Portal to damage, disable, or overburden PCS’s servers or the servers of any of PCS’s suppliers or network or impair the PCS Client Portal  or interfere with any other party’s use of the PCS Client Portal .  Hacking, password mining, or any other means to gain unauthorized access to the PCS Client Portal , PCS Client Portal accounts, computers, or network is prohibited. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law is also prohibited.  PCS will fully cooperate with any law enforcement authorities or court order requesting or directing PCS to disclose the identity of anyone posting any such information and materials. 

14.   Miscellaneous

This is the entire agreement between PCS and You regarding its subject matter. This Agreement does not modify or affect any existing or future engagement letter or agreement between the PCS and You.

 15.   Term and Termination

This Agreement and the services contemplated by it may be terminated by PCS with or without notice at any time.  PCS may at any time terminate in whole or in part the PCS Client Portal without notice or liability.

16.   Acceptance

By completing the site registration, You hereby acknowledge that You have read the Terms and Conditions and that You agree to these Terms and Conditions.  This Agreement does not modify or affect any existing or future engagement letter or agreement between You and PCS.

 17.   Law

This Agreement is governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.