Terms of Use

INSTRUCTIONS

This document (together with the documents referred to in it)  provides you with the terms of use on which you may make use of our website www.pinnaca.com and hub.Pinnaca.com (hereinafter: “our site” or  “the site”), whether you are a guest or a registered user.  Please read these terms of use carefully before you start to use our site.  By using our site, you indicate that you accept these terms of use and that you agree to abide by them.  If you do not agree to these terms of use, please refrain from using our site.

INFORMATION ABOUT US

www.pinnaca.com and hub.pinnaca.com is a site operated by BCS Global Networks Limited, doing business as Pinnaca (hereinafter: “We”or “we”).  We are registered in the United Kingdom under the company registration number 5239560, and we have our registered office located at Keypoint, 17-23 High Street, Slough, Berkshire, SL1 1DY.  Our site is, however, residing in the United States.

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below).  We do not warrant that our site in its entirety, or specific areas of our site, will be constantly available and we will not accept any liability if for any reason our site, or parts of it, is unavailable at any time or for any period.   From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.  We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our sole opinion, you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

As this site can be used internationally, you use this site on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations in the geography from which you access the website.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property contained on our site, and of the material published on it.  Any trademarks cited on our site are the property of their respective trademark owners.  Such intellectual property is protected by copyright laws and treaties around the world and all related rights are reserved.  You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must acknowledge our status (and that of any identified contributors) as the authors of the material on our site if you use it outside of the intended use of our site.   You must not use any part of the materials on our site for commercial purposes without being granted the right to use it by us or of our licensors.   If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED

While we make every effort to present accurate and reliable information on our site, we do not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of such information.  You acknowledge that you use such information at your discretion and reasonable judgement, and that reliance on it should only be undertaken after an independent review by an advisor or your choice of its applicability, accuracy, completeness, efficacy and timeliness with regard to your specific needs and uses.  We (including our employees and independent contractors) are not responsible for, and expressly disclaim all liability for, and damages of any kind arising out of, the use, reference to or reliance on the information available through this site.  No approvals, recommendations, endorsements, guarantees or warranties, including, but not limited to, any express or implied warranties of merchantability or fitness for any particular use or purpose of products or services named on this site are made by us.

OUR WARRANTIES AND LIABILITIES

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:   all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

We will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, our site resulting in any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorized 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 Fraud and Abuse Act (CFAA), 1986(US) as well as the Computer Misuse Act, 1990 (UK).  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.  We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. 

LINKING TO OUR SITE

You may link to our site, provided you do so in compliance with applicable legal and regulatory requirements and in a manner which does not damage our reputation or takes advantage of it, but 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.   You must not establish a link from any website that is not owned by you.

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.  We reserve the right to withdraw linking permission without notice.   If you wish to make use of any material on our site other than that set out above, please address your request to marketing@pinnaca.com.

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

User content

In these terms and conditions, “your user content” means material (including, without limitation text, images, audio material, video material and audio-visual material) which you submit to our site, for whichever purpose, and whether hosted on our site, or directed to a third party site we interface with and where your user content will be hosted.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, or against us, or against any third party (in each case under any applicable law).

You must not submit any user content to our site which is, or has ever been, the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our site, or stored on our servers, or hosted or published through a third party site.

Notwithstanding our rights under these terms and conditions in relation to your user content, we do not undertake to monitor the submission of such content to, or the publication of such content on our site.

JURISDICTION AND APPLICABLE LAW

Except as expressly specified otherwise under our Privacy Policy, the courts in the State of Minnesota, United States, will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other country of proper jurisdiction.  These terms of use are governed by laws of the State of Minnesota, United States. 

Notices and Changes to our Terms of Use

By using our site, you agree to the terms and conditions contained in these Terms of Use and/or any other agreement that we might have with you.  If you do not agree to any of these terms and conditions, you should not use our site or any of our services.  You agree that any dispute over the terms contained in these Terms of Use, or any other agreement we have with you, will be governed by the laws of the State of Minnesota, United States.  You also agree to arbitrate such disputes in the State of Minnesota, United States, and to abide by any limitation on damages contained in any agreement we may have with you.  As our organization and how we operate our business changes from time to time, these Terms of Use are expected to change as well.  We reserve the right to amend these Terms of Use at any time, for any reason, without notice to you, other than the posting of the amended Terms of Use on our site.  We may e-mail periodic reminders of our notices and terms and conditions and will e-mail our registered users about material changes thereto, but you should check our site frequently to see the current Terms of Use which are in effect and any changes that may have been made to it.  The provisions contained herein supersede all previous notices or statements regarding our terms and conditions that govern the use of our site.

Questions or concerns regarding our Terms of use

If you have any concerns about material which appears on our site, please contact Dan Giesen, VP Operations, at dgiesen@pinnaca.com. Thank you for visiting our site.