The PDA Union - Strength In Numbers

Terms of use

This page (together with the documents referred to on it) constitute the terms and conditions on which you may use this website.

By registering on or accessing the website you confirm that you have read, understood and agreed to be bound by these terms and conditions ("Terms of Use" or "this Agreement"), whether or not you are a registered member of the Website.

General

  1. The PDA Union reserves the right, at its sole discretion, to change, modify add, or delete parts of this Agreement at any time without further notice to you. You should review these Terms of Use periodically to determine if they have been updated in any way. Your continued use of the website after any such changes will constitute your acceptance of the updated Terms of Use. If you do not wish to accept the revised Terms of Use, you must not use or access (or continue to use or access) the Website.
  2. Particular PDA Union services may also be governed by additional or alternative terms of service. In such cases, the other terms of service will be posted on the relevant service to which they apply. However, to the extent that there is any inconsistency between these Terms of Use and the alternative terms of service, these Terms of Use shall prevail.

Eligibility

  1. Certain sections of this website are intended solely for members of the union as defined by the the union rules.
  2. Any registration by a user who is not a member of the union shall be unauthorised, unlicensed and in violation of these Terms of Use. By registering for and using the webiste, you warrant that you are a member of the PDA Union and that you agree to and will abide by all of these Terms of Use. The PDA Union reserves the right to terminate your membership without warning if it believes that you are not a member of The PDA Union.

Registration / Use Of Data

  1. In consideration of your registration and/or use of the website, you agree to:
    1. provide true, accurate, current and complete information about yourself as required by the website's registration form (such information being the "Registration Data"); and
    2. maintain and promptly update the Registration Data to ensure that it remains true, accurate, current and complete.
  2. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Union has reasonable grounds to suspect that this is the case, the union shall have the right to suspend or terminate your account at its discretion and to refuse any and all current or future use of the website (or any part thereof) by you.

User Account, Password And Security

  1. The website's registration process will require you to give a username and password. You are responsible for maintaining the confidentiality of your username and password and are fully responsible and liable for all activities that occur under your username and password in relation to your account. You agree to:
    1. maintain the security of your username, password and account
    2. immediately notify the union of any unauthorised use of your username, password or account any other breach of security;
    3. ensure that you exit from your account at the end of each session; and
    4. be fully responsible for all use of your account and for any actions that take place using your account.
  2. The PDA Union shall not be liable for any loss or damage arising from your failure to comply with the obligations in Clause 4.1.

User Content Posted On Website

  1. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content") whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not the union, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the website.
  2. You must not copy, post, transmit, or share Content on the Website that you did not create or that you do not have permission to post. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the PDA Union or submitted to the Website including, without limitation, information in Website message boards or groups or in any other part of the website.
  3. In recognition of the global nature of the Internet, you agree to comply with all local rules and laws regarding online conduct and acceptable Content. In particular, you agree to comply with all applicable laws relating to the United Kingdom.

Privacy Policy

Your Registration Data, account information, Content and certain other information about you will be subject to the website Privacy Policy.

User Conduct

  1. You acknowledge that by using the website, you may be exposed to Content that may be considered offensive, indecent or objectionable. Under no circumstances will The PDA Union be liable in any way for any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted by you or others via the website. If you become aware of misuse of the website by any person, report it via email to website@pda-union.org.
  2. You agree not to use the website to:
    1. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
    2. use or attempt to use another's account, service or system without authorisation from the PDA Union or create a false identity on the Website or through the Service;
    3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
    4. attempt to probe, scan or test the vulnerability of any PDA Union system or network or breach or impair or circumvent any security or authentication measures protecting the website;
    5. use the website in any unlawful manner or in any manner which could damage, impair, disable or overburden the website or disobey any requirements, procedures, policies or regulations of networks connected to the website;
    6. intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
    7. "stalk" or otherwise intimidate or harass another;
    8. upload, post, email or otherwise transmit:
      1. any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under confidentiality agreements);
      2. any private information or personal data of any third party including, without limitation, telephone numbers, addresses, passwords or financial details, or solicit such personal information for commercial or unlawful purposes;
      3. any Content that infringes any patent, trade mark, design, trade secret, copyright or other proprietary rights of any party;
      4. any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where such areas of the website are specifically designed for that purpose;
      5. any material that contains software or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      6. any Content that is unlawful, harmful, infringing, threatening, abusive, inflammatory, harassing, tortuous, defamatory, vulgar, obscene, fraudulent, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      7. any content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or would otherwise create liability or violate any applicable laws;
      8. any content that, in the sole judgment of the PDA Union, is objectionable or which restricts or inhibits another's use or enjoyment of the website, or which may expose the PDA Union, its affiliates or its users to any harm or liability of any kind;
    9. use the website in any manner not permitted by this Agreement; or
    10. encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement.
  3. You acknowledge that the PDA Union does not pre-approve or screen Content but that the union and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the website. Without limitation to the foregoing, the PDA Union and its designees shall have the right to remove any Content that violates these Terms of Use or is otherwise objectionable.

Use And Storage Practices

You acknowledge that the PDA Union may establish general practices concerning the website including, without limitation, the maximum number of days that content will be retained by thewebsite; the maximum number of visits that may be made to the website in a given time period; and the logging-off of user accounts that are inactive for an extended period of time. You agree that The PDA Union has no responsibility or liability for the deletion or failure to store any messages and other communications or Content maintained or transmitted by the website. You further acknowledge that the PDA Union reserves the right to change these general practices at any time, in its sole discretion, with or without notice.

Indemnity From User

You agree to indemnify, keep indemnified and hold harmless the PDA Union, its group companies (including for the avoidance of doubt its ultimate holding company and subsidiaries of that holding company), affiliates, officers, agents, partners and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of any Content you submit, post to or transmit through the website, your use of the website, your violation of the Terms of Use, or your violation of the rights of another.

User Disputes

  1. You are solely responsible for your interactions with other website users. The PDA Union reserves the right, but has no obligation, to monitor disputes between you and other website users.
  2. The PDA Union is not responsible for the conduct, whether online or offline, of any user of the website.

Intellectual Property

  1. Trade Marks: The PDA Union and all logos identifying The PDA Union are trademarks of The PDA Union (the "Trade Marks"). You agree not to display or use the Trade Marks for any purpose or in any manner without The PDA Union's prior written permission.
  2. Rights in Website Content: With the exception of your own Content, all content on the Website including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files and their selection, arrangement and "look and feel" (the "Website Content") is and shall remain the property of the PDA Union or of those third parties who have licensed content to the PDA Union. You agree not to modify, copy, sell, distribute, download, frame, transmit or create derivative works based on the Website Content, in whole or in part, without the PDA Union's prior written permission.
  3. You are granted a limited licence to access and use the Website and the Website Content and to download and print one copy of any extract of the Website Content for your personal and non-commercial use only, provided that all copyright and proprietary notices remain intact. Subject to obtaining The PDA Union's prior written permission in accordance with the previous clause, any other use of Website Content is strictly prohibited.
  4. With respect to any Content that you upload, post, e-mail or otherwise transmit to The PDA Union or onto the Website, you hereby grant The PDA Union a perpetual and irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable right to use, reproduce, modify, adapt, prepare derivative works on, perform, display, publish, distribute, transmit, broadcast or otherwise exploit such Content in any current or future form or manner on the Website. You represent and warrant that you have the necessary rights, licences, consents and permissions to grant such licence to The PDA Union. The PDA Union will own all right, title and interest in all derivative works and compilations of Content from users that are created by The PDA Union, including all worldwide intellectual property rights. You agree to provide any assistance or execute any documentation required and requested by The PDA Union to give The PDA Union the full benefit of the rights granted under this licence to The PDA Union from you.
  5. Submissions from Users: You agree and acknowledge that any questions, comments, suggestions, ideas feedback or other information about the website provided by you to The PDA Union shall be deemed non-confidential and that The PDA Union shall be entitled to use such submissions for any purpose, whether commercial or otherwise, without acknowledgement or compensation to you.
  6. Third Party Complaints: The PDA Union respects the intellectual property rights of others and asks its members to do the same. If you believe that any of your intellectual property rights or those of any third party have been infringed on the Website, please email website@pda-union.org.

Disclaimers

You expressly acknowledge and agree that:

  1. Your use of the website, website content and service is at your sole discretion and risk. the website, website content and service are provided on an "as is" and "as available" basis without warranties of any kind to the fullest extent permitted by law.
  2. The Pda Union expressly disclaims all warranties, whether express or implied, in relation to the website, website content and service including, without limitation, merchantability, satisfactory quality, fitness for purpose, any term as to the provision of service to a standard of reasonable care and skill, non-infringement of intellectual property rights, performance, the security, accuracy, reliability or performance of the website; or that the website, website content and service will be error-free or that any errors will be corrected.
  3. any website content posted on the website is not intended to amount to advice on which reliance should be placed. the PDA Union therefore disclaims all liability and responsibility arising from any reliance placed on such website content by any user of the website, or by anyone who may be informed of its content.
  4. Any website content downloaded or otherwise obtained through the use of the website is done at your own risk and discretion and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such website content.
  5. The website may contain links to other websites or resources. you acknowledge that the PDA Union is not responsible for the content, accuracy or opinions expressed on such websites and such websites are in no way investigated, monitored or checked for accuracy or completeness by the pda union. inclusion of any linked website on the website does not imply approval or endorsement of the linked website by the PDA Union. when you access such third party websites, you do so at your own risk.

Limitation On Liability

You expressly acknowledge and agree that:

  1. In no event will the PDA Union, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the pda union has been advised of the possibility of such damages) resulting from:
    1. The use or the inability to use the website;
    2. the cost of obtaining substitute goods and/or service resulting from any goods, data, information or service purchased or obtained or messages received or transactions entered into through or from the service;
    3. Unauthorised access to or alteration of your transmission or data;
    4. Statements or conduct of any third party on the website; or
    5. Any other matter relating to the website.
  2. Nothing in these terms of use shall exclude or restrict any liability for death or personal injury arising from the negligence or fraud of the PDA Union.

Termination

  1. You agree that the PDA Union, in its sole discretion and without liability to you or any third party, may immediately terminate or suspend your account and/or access to the website and may remove and/or discard any Content from the Website or its servers, at ant time and for any reason, including without limitation, for lack of use or breach by you of these Terms of Use. After such a termination, you agree and acknowledge that the PDA Union will have no further obligation to provide the website nor any obligation to maintain any information stored in its database related to your account or to forward any information to you or any third party.
  2. Upon termination, all licences and other rights granted to you by these Terms of Use will immediately cease.
  3. Any suspension, termination or cancellation will not affect your obligations to the PDA Union under these Terms of Use (including but not limited to, ownership of rights, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

General

  1. Governing Law and Jurisdiction

    This Agreement and the relationship between you and the PDA Union shall be exclusively governed by the laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts.

  2. Non-Waiver

    Any failure by The PDA Union to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

  3. Invalidity

    If any part of this Agreement is unenforceable (including any provision in which the PDA Union excludes its liability to you) the parties agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and that the other provisions of this Agreement will remain in full force and effect.

  4. Entire Agreement

    These Terms of Use (together with any guidelines or rules referred to therein) constitute the entire agreement between you and the PDA Union and govern your use of the website and supersede any prior agreements between you and The PDA Union in relation to the website. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software.