1.2. By viewing or using the website you agree that you have read and agreed to be bound by the terms of this agreement. You may only use the website in accordance with our acceptable use policy. You warrant and represent that you have full authority to legally bind your employer to the terms of the agreement. We may amend the agreement with immediate effect at any time by posting the amended terms on the website.
2. Access to, use and performance of the website
2.1. You must maintain your user name and password in strict confidence. You will immediately tell us in writing if your user name and password become known to anyone else so that we can disable the account and provide you with a replacement user name and password. Neither we, nor our licensors, accept any liability in connection with any unauthorised access to or use of the website.
2.2. The website is provided solely for your internal business use and you may not provide (or otherwise make it available or the benefit of it available) to anyone else without our prior written consent.
2.3. You must not: i) infringe our intellectual property rights or those of our licensors; ii) decompile, decipher, disassemble, reverse engineer or otherwise decrypt the website except to the extent permitted by non-excludable laws; iii) use the website to provide services to a third party or allow any third party to obtain a copy of the website, or access or use them, save as expressly agreed in writing by us in advance, or where required by law; iv) use the website without obtaining any necessary permits, consents or licences required to inter-operate the website with other software, hardware or data you use or licence; v) use the software on any unsuitable system; vi) duplicate, modify or create a derivative work from the website without our prior written consent.
2.4. We may suspend the use of or access to the website from time to time: (i) to perform routine or emergency maintenance; (ii) to implement service changes and upgrades to the website; (iii) to mitigate issues caused by any acts or omissions of third parties or issues with any internet infrastructure; or (v) if the website is, in our opinion, being misused. Any such downtime will be limited to the minimum extent necessary in the circumstances, as determined by us.
2.5. We may terminate this agreement and your access to the website (or any part of the website) at any time in our sole discretion without cause and with immediate effect. If you wish to terminate this agreement you will notify us in writing and the agreement will terminate seven days from the date of your notice.
2.6. You agree that we can store any information supplied by you, or anyone else working with or for you, in our benchmarking databases or use for data analytics purposes. We will take appropriate technical and organisational security measures to preserve the confidentiality of this information. It may be combined with information of other parties to provide reports and services to other parties, as long as neither you nor anyone else can be identified from those reports and services.
3. Intellectual Property
You acknowledge that all rights, including all intellectual property rights, title and interest in the website (including the software and the content provided through or on the website) belong to and will remain with us (or our licensors) and that you are not acquiring any property rights in the website or any information it contains.
4. Limited Liability
4.1. We do not make any other warranty of any kind whatsoever, either express or implied, including but not limited to implied warranties of quality or fitness for a particular purpose, availability, or security. We do not warrant the results of the website or that the website will meet your requirements.
4.2. As the website is being provided “as is” and free of charge, subject to clause 4.3, you agree that it is reasonable that we shall have no liability of any kind in any circumstances whatsoever to you in connection with the website and content on the website including without limitation negligence, loss of profit, goodwill, business opportunity, anticipated savings or benefits, or any indirect or consequential loss.
4.3. Nothing in this agreement will limit a person’s liability for (i) death or personal injury caused by that person’s negligence, (ii) that person’s fraud or (iii) anything else that cannot by law be limited.
4.4. The information given on the website is for information only and does not constitute investment, legal, accounting or tax advice, or a representation that any investment or service is suitable or appropriate to your individual circumstances. Please seek professional advice before making any investment decision.
5. Data Protection
5.1. You agree that we may process your personal data in accordance with our Privacy Statement.
6. External Websites
6.1. You cannot not link to the website from any website without PwC's prior written consent.
6.2. If and where the website provide links to any third party website, such website may not be under PwC’s control and accordingly PwC has no responsibility for, and does not make any representations or warranties with respect to that third party, such website or any content, products or services connected with the third party or such website and PwC does not endorse any of the same.
6.3. We have chosen to partner with the specified third parties referred to on the website as we consider they are best in class. However we make no guarantee that all third party products are suitable for your purposes or that there no better alternatives. You must determine whether any third party product is suitable for your purposes.
7.1. If a dispute arises, the parties will attempt to resolve it by discussion, negotiation and mediation before commencing legal proceedings.
7.2. The agreement and any dispute arising from it, whether contractual or non-contractual, will be governed by English law and be subject to the exclusive jurisdiction of the English courts.
7.3. This agreement forms the entire agreement between the parties in relation to the website, excluding the microsites. It replaces any earlier agreements, representations or discussions.
7.4. Unless explicitly stated otherwise, this agreement does not create or confer any rights on third parties under the Contract (Rights of Third Parties) Act 1999 (as amended from time to time).
7.5. If any of the provisions of this agreement are found to be invalid, unenforceable or illegal, the other provisions will remain in force.
In the agreement the following words and expressions have the meanings given to them below:
PwC firm – any entity or partnership within the worldwide network of PricewaterhouseCoopers firms and entities
we, us or our - refers to PricewaterhouseCoopers LLP, a limited liability partnership incorporated in England (number OC303525) whose registered office is at 1 Embankment Place, London WC2N 6RH
you, your - the party or parties to the agreement (excluding us)