Terms of Website Use
Acceptance of terms
By using the Paynegotiation website you agree to be bound by the Terms set out below. If you do not wish to be bound by these terms and conditions, you should not use the Paynegotiation website. We may change these Terms without notice from time to time and so you should check these regularly. Your use of the Paynegotiation website will be deemed your acceptance of the terms existing at that time.
"You"/"your" means you, the user of the Website
"Paynegotiation"/"we"/"us"/"our" means Sensible Media Limited, whose registered office address is Sensible Media Ltd, c/o Valentine Ellis, Preacher's Court, The Charterhouse, Charterhouse Square, London, EC1M 6AS , registered company number 6663081
"Users" means the users of the Website collectively and/or individually as the context admits
"Website" means the website located at www.paynegotiation.com
You agree that your use of the Website shall be in accordance with the following conditions: you will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Website except as is strictly necessary for your own personal non-commercial home use unless otherwise agreed in advance in writing with Paynegotiation. You will not do anything that affects the operability or security of the Website or which causes unreasonable inconvenience or offence or disruption to our staff.
You shall not post or transmit through the Website any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including but not limited to intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You shall not express opinions that are vulgar, crude, sexist, racist or otherwise offensive, and you shall always treat other Users with respect. You shall not post or otherwise make available on the Website any material which you do not own without the express permission of the owner of the material and you hereby indemnify us against all or any costs, claims, damages, demands and expenses that may be incurred by or made against us by any third party by reason of your unlawful use of its material.
All copyright, trade marks and all other intellectual property rights existing now or in the future, whether registered or unregistered, in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material or content only as expressly authorised in advance in writing by us or our licensors.
You will not, and you will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of our material or content. If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately. You acknowledge that by posting materials on the Website you grant to us and our licensors and assigns an irrevocable, perpetual, royalty-free, worldwide licence to use the materials both within the Website and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
Contributions to Paynegotiation
In the event that you are invited to submit any contribution to Paynegotiation (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant us a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out below. If you do not want to grant to us the rights set out above, please do not submit your contribution to Paynegotiation.
By submitting your contribution to Paynegotiation, you warrant that your contribution is your own original work and that you have the right to make it available to Paynegotiation for all the purposes specified above, that it is not defamatory, and does not infringe any law.
You hereby indemnify us against all legal fees, damages and other expenses that may be incurred by Paynegotiation as a result of your breach of the above warranty, and you will waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and for the purposes specified above.
Employment law differs widely from jurisdiction to jurisdiction. The career advice content on the Website should not be interpreted as or considered to be a substitute for professional legal advice nor should it be interpreted as creating any kind of legal advisor relationship between you and us. You are solely responsible for any legal decisions, omissions or actions you take. Neither Paynegotiation, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability to you for your decisions, legal or otherwise, based upon, or the results obtained from, the Website or its content.
The Website content addresses important career issues and suggests generic strategies for addressing these issues. It does not, and cannot, provide guidance for Users' particular situations. When approaching any career issue or negotiation, the User should have regard to local business norms, the specific history and circumstances of their employment, the other interested parties and the legal environment. Users must at all times exercise their own judgement and/or seek professional advice. Paynegotiation does not guarantee the appropriateness or effectiveness of any of the advice in relation to any specific context. Paynegotiation is not liable to you in any way whatsoever for any consequences resulting from you following, or failing to follow, any particular piece of advice provided on the Website.
Questions and answers
Paynegotiation does not vouch for or warrant the accuracy, completeness or usefulness of any question or. The answers given by our experts are general and relate to generic and/or hypothetical scenarios. Users shall exercise their own judgement, and pay attention to the particular circumstances of their situation. You agree that any use you make of such content is at your own risk and that Paynegotiation is not responsible for any losses resulting from your reliance on this content. By submitting a question to the Website, you acknowledge that Paynegotiation is not responsible for any response you receive or do not receive, and you agree to hold Paynegotiation harmless from any loss, harm, injury or damage resulting from or arising out of your submission of the question or your use of or reliance on any response thereto.
You agree that your use of the Website shall be at your own risk. To the fullest extent permitted by law, Paynegotiation, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Paynegotiation makes no warranties or representations about the accuracy or completeness of the Website's content and assumes no liability or responsibility for any
(i) errors, mistakes or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and your use of the Website;
(iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein;
(iv) any loss or damage (whether such loss or damage was foreseen, foreseeable, known or otherwise) relating to:
(a) loss of data;
(b) loss of revenue or anticipated profits;
(c) loss of business;
(d) loss of opportunity;
(e) loss of goodwill or injury to reputation;
(f) losses suffered by third parties; or
(g) any indirect, consequential, special or exemplary damages arising from the use of the Website regardless of the form of action.
Limitation of liability
The content of the Website, including the information, names, images, pictures, logos and icons regarding or relating to Paynegotiation, its products and services (or to third party products and services), is provided on an "as is" and on an "is available" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law.
We will endeavour to provide the Website using all reasonable care. Except as required by law, we shall not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Website and do not promise that the material contained on the Website, or any of the functions contained on the Website or its server will operate without interruption or delay or will be error free, free of viruses or bugs, or is compatible with any other software or material.
Material which is posted on any bulletin boards or chat forums is written by Users and we shall not be responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications therein and edit, refuse to post, or remove any content from the bulletin boards and chat forums in our absolute discretion. Failure to remove particular material does not constitute an endorsement or acceptance of such material by us.
In the event that you have any claim arising from the actions or statements of another User, you hereby agree to pursue such a claim against that User only and not against us.
The Website is provided by Sensible Media Limited from its facilities in England. Paynegotiation makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
Third party websites
You acknowledge and agree that we are not responsible for the availability of any third party websites or material you access through the Website, and we do not endorse and shall not be liable for any content, advertising, products or services on or available from such websites or material.
Any dealings between you and any third party advertisers or merchants found on or via the Website, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made at your own risk between you and the relevant third party and we shall not be liable for any loss or damage of any kind incurred as the result of any such dealings.
We shall comply with applicable data protection legislation from time to time in place in respect of any personal information relating to you gathered by us. You may be asked to input information about yourself on different pages of the Website. We shall not use the information you provide to us for any purpose that is not as stated at each location where such information is requested.
We reserve the right immediately to terminate your use of the Website in the event that you breach or we have reasonable grounds to believe that you are likely to breach the Terms or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable.
No delay or failure by us to exercise any of our powers, rights or remedies under the Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
If any part of the Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from the Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
Governing law and jurisdiction
The Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.
Paynegotiation subscription service Terms and Conditions
Paynegotiation at its absolute discretion can change subscription prices, without notice to you, at any time. The subscription prices will be those shown on the Website at the time of your registration. Your payment of a subscription fee will be deemed your acceptance of the Subscription Terms existing at that time.
"You"/"your" means you, the user of the Website
"Paynegotiation"/"we"/"us"/"our" means Sensible Media Limited whose registered office address is Sensible Media Ltd, c/o Valentine Ellis, Preacher's Court, The Charterhouse, Charterhouse Square, London, EC1M 6AS registered company number 6663081
"User(s)" means the users of the Website collectively and/or individually as the context admits
"Website" means the website located at www.paynegotiation.com
1. Purchasing a subscription to Paynegotiation
1.1 You may purchase a subscription to Paynegotiation through the "Subscribe" page of the Website.
1.2 Payment shall be made by PayPal only.
1.3 In the event that you encounter any difficulties during or have a complaint arising from making your payment through PayPal, please complete the complaint form [insert hyperlink] and send the same to us, and we will use our reasonable endeavours to resolve the problem as soon as possible.
1.4 If the event that you encounter any difficulties during or have a complaint arising from making your payment through PayPal and complain directly to PayPal and not to us, we reserve the right to suspend your subscription immediately pending resolution of such complaint.
2. Cancelling your subscription
2.1 You have the right to cancel your subscription within seven working days of the commencement of your subscription.
2.2 You waive your right to cancel irrevocably in the event that you access any of the subscriber content contained on the Website at any time.
2.3 In the event that you validly exercise your right to cancel, any subscription fee paid by you will be refunded to you within 30 days.
2.4 You may cancel your subscription by contacting us by email only at [insert email address].
3. Access to subscription-only content
3.1 We will send you your username and password automatically and immediately (usually within one hour, although we do not guarantee this timeframe) once we have received notification from PayPal of your payment. You shall keep your username and password confidential, and you must not disclose the same to any third party.
3.3 Your right to use and access Paynegotiation is personal to you, and you shall not allow any other person to gain access to Paynegotiation using your username and password.
4. User forums
4.1 Paynegotiation staff may encourage the lawful use of and contribution of User-generated content to User forums ("the Forums"). Forums may come into existence following editorial contribution or User suggestion.
4.2 You shall use the Forums in accordance with the acceptable use policy. We reserve the right to monitor the use of these Forums to ensure lawful use, but we have no obligation to do so.
5. Forum rules
5.1 You may use the Forums to ask questions to our staff or other Users.
5.2 If you choose to post a message you may be disclosing personal data about yourself to other Users and to Paynegotiation (who may be outside the European Economic Area), but you shall not, through using the Forums, collect, store, or otherwise process personal data about other Users to the Website.
5.3 In the event that, while using Website, you discover or are aware of anyone in breach of the acceptable use policy you shall inform us as soon as possible.
6. Telephone calls
To ensure the continuing quality of the Paynegotiation service, telephone calls to our Technical Support and Customer Support lines may be monitored or recorded for training purposes.
7.1 You confirm that you are the owner of, or that you have been authorised by the owner to use, any trademark or name requested by or allocated to you.
7.2 We cannot guarantee that any name requested by you will be available or approved for use. If we have reasonable grounds for thinking that the name you have chosen is contrary to clause 7.1 above, we may ask you to choose a replacement name.
8.1 You shall not assign or otherwise transfer your subscription to any other person without obtaining our prior written consent, which shall not be unreasonably withheld.
8.2 We may assign our rights and obligations in whole or in part of the Subscription Terms at any time to any company or person. Any assignment will not prejudice your rights under the Subscription Terms.
9.1 We may suspend or terminate your subscription to Paynegotiation with immediate effect in the event that you:
(i) do not pay the subscription fees when due; or
(iii) become the subject of bankruptcy or insolvency proceedings.
9.2 You will remain liable for all charges that you owe us up and including to the date of termination in the event that we terminate your subscription under this clause 9.
10. Warranties and exclusion of liability
For the purposes of the Paynegotiation subscription service we warrant that we use all reasonable skill and care in creating the online content. All other warranties, either express or implied by law, are excluded in accordance with the disclaimer above.
10.2 We shall not be liable to you (excluding for personal injury or death, fraud, or wilful default) for any loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, and whether in tort (including, without limitation, negligence), contract or otherwise) in connection with the subscription service.
10.3 Subject to Clause 10.2, our liability to you shall at all times be limited to the amount paid, if any, by you for the subscription service.
No delay or failure by us to exercise any of our powers, rights or remedies under the Subscription Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
If any part of the Subscription Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from the Subscription Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
13. Governing law and jurisdiction
The Subscription Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.