info@purecapability.com

Terms of Use

The information contained in this website has been prepared solely for the purpose of providing general information about PURE UK, their partners and the services offered by them.

Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute any form of advice, recommendation, representation, endorsement or arrangement by PURE UK.

The information presented is believed to be reliable but it’s subject to change at any time without notice. PURE UK. do not guarantee its completeness or accuracy. By accessing this website you agree that PURE UK will not be liable for any direct, indirect or consequential loss arising from the use of the information and material contained in this website or from your access of other material on the internet via web links from this site.

The copyright in the material contained in this website belongs to PURE UK. Any person may copy any part of this material, subject to the following conditions:

  • The material may be used only for non-commercial purposes;
  • The copies must retain any copyright or other intellectual property notices contained in the original material;
  • The products described in this website may be the subject of other intellectual property rights reserved by PURE UK or other third parties. No licence is granted in respect of those intellectual property rights;
  • Images, pictures, videos, logos and graphics on this site are protected by copyright and may not be reproduced or appropriated in any manner without written permission of their respective owner(s).

Please read and make sure you understand these Terms of Use. If you choose to access or use our Service you agree to be bound by these Terms of Use. If you do not agree to our Terms of Use then you should not access or use the Service. If you are under the age of 18 then you should not access the Service at all.

We recommend that you print or save a copy of these Terms of Use for your records and future reference.

About us

The Service is controlled and operated by BECK AND CO CONSULTANTS LIMITED (referred to in these Terms of Use as “Beck & Co”, “we”, “us” or “our”). Beck & Co is a company registered in England and Wales with company registration number 05334431. Our registered office address is: BECK AND CO CONSULTANTS LIMITED, 6 Strawberry Vale, Twickenham TW1 4RU.

How to contact us

You can contact us by email at: info@beckandco.co.uk if you have any questions, comments or complaints about the Service. It would be great to hear from you.

Changes to These Terms of Use

We keep these Terms of Use under review and will place any updates at http://www.beckandco.co.uk. You agree that any changes will be effective as soon as they are posted on the Website and will govern all of your future access, browsing or using of the Service. Where material changes are made to your use of the Service we may also email you notice of any such changes to the email address registered to your Account. These Terms of Use were last updated on 10 July 2012.

Changes to the Service

You are purchasing a Service which you now accept is subject to change, and as such we reserve the right to modify or, upon notice, terminate the Service or any part of it, whether on a temporary or permanent basis. This may include making a charge for the provision of a new addition to the Service or requesting that you increase payments in lieu with additional features and functionality that we may add, and we reserve the right to charge you a subscription or other fee for additional functionality and, as such, additional Terms of Use and Payment Terms may apply.

We will give you notice of any material changes which we make by posting details of the Service modification, or termination, in question – by posting an update on the Website and/or by emailing you.

Technical Requirements

You need internet access and a compatible browser in order to use this Service. You are responsible for your internet connection and fees associated with your use of the Service. The availability and performance of the Service will be affected by the device and/or quality or speed of internet connection through which you access the Service. High speed broadband access is highly recommended if you wish to obtain the best use of the Service.

The Service is designed to be compatible with the following compatible web browsers: Apple Safari 5, Mozilla Firefox 13, Google Chrome 20, Microsoft Internet Explorer 8.

Languages

The Service is currently available in the English language only and to registered Users.

Service Availability

We do not guarantee that the Service will be available or suitable for you and if you choose to use the Service or any part of it you accept that you do so at your own risk. It is your responsibility to comply with any applicable laws relating to your access and use of the Service. We reserve the unilateral right, to restrict your use of the Service, or any part of it, by time, territory, language or in any other way we may choose.

By using the Service you specifically understand and agree that the Service:

  1. is provided on an AS IS and AS AVAILABLE basis without any warranty, representation or guarantee of any kind (to the extent permissible by applicable law); and
  2. MAY CONTAIN SERVICE AND OTHER ERRORS, INACCURACIES AND DEFECTS WHICH COULD CAUSE FAILURES, CORRUPTION OR LOSS OF DATA OR INFORMATION POSTED, KEPT, STORED OR TRANSMITTED VIA OUR SERVICE
    You should always keep a back-up copy of all data and information which you store on the Service. Please also refer to the section headed Backup.

Additional Terms of Use

Some features of the Service may be subject to additional terms of use or licensing requirements and/or may only be available subject to payment of a subscription or other fee, the Service may also be provided in conjunction with other services which similarly require agreement to their own terms and separate payment e.g. an End User Licence Agreement to use the TeamPURE application. In order to use such features you must agree to any separate agreement governing such features as a condition of such use and our Payment Terms may apply.

Privacy and Data Protection

Full details of how we collect, hold and process your personally identifiable information via the Service are set out in our Privacy Policy and our Cookies Policy. The delivery of Beck and Co’s Service, by its very nature, involves the collection, storage, processing and use of data, which can include personal data, and you must bear this in mind in your use of the Service. Beck and Co takes the privacy of everyone using the Services very seriously and our Terms of Use and our Privacy Policy, reflect that.

Your Registration

Access to the Service is restricted to registered Account holders (“Users”). In order to register for an Account you must provide your name together with a valid email address registered to you. You will also be prompted to create a password for your account.

It is a condition of use of the Service that you be no less than sixteen (16) years old, and that all of the details you provide will be correct, current and complete. If we believe that they are not we reserve the right to refuse you access to the Service, to terminate or suspend your ability to use the Service, or we may deactivate your Account and will refund any monies we consider we may owe you.

Once you have registered we will send an email to the email address provided by you at registration to confirm your registration. In order to activate your Account you must click on the link embedded in the email. Upon receipt of your activation, your Account registration will be completed. All future notifications will be sent to this email address unless and until a different email address is given by you making a change to your Account settings.

To use the Service you must be a person who is not prevented by law from receiving the Service under the laws of any applicable jurisdiction including the country and place where you live or from where you access or use the Service.

Security

When you register as a User you will provide a password. You must treat your password as confidential. We may monitor your choice of login / password in order to ensure it is secure and, at our discretion, may require you to change it. If you think that there has been any unauthorised use on your Account please contact us at info@beckandco.co.uk You must not share your Account log-in details with anyone else.

Backup

We will provide the Service for so long as we are willing to provide it to you, but you must not rely on the Service as your sole record of nor the only medium for the storage of any Content stored by means of the Website. You are strongly advised to ensure that you have printed out any summary of the learning materials provided to you by Us, as the presentation of such materials is proprietary to Beck & Co, and you are not permitted under these Terms, to store or otherwise back-up such summaries by any other means.

SUBJECT TO OUR PAYMENT TERMS WHICH GOVERN PAID STORAGE OF YOUR CONTENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT ANY CONTENT WHICH YOU ACCESS THROUGH THIS SERVICE WILL NOT BE SUBJECT TO LOSS, DAMAGE, CORRUPTION OR REMOVAL AND WE DO NOT ACCEPT ANY LIABILITY OR RESPONSIBILITY IN THE EVENT THAT ANY SUCH LOSS, DAMAGE, CORRUPTION OR REMOVAL OCCURS.

Content

In these Terms of Use, “Content” means any and all content including that you or your business (or any Users on you or your business’s behalf) upload, post, publish, display, transmit, share, store or make available (“Post”) on or via the Service or in connection with the Service.

In using the Service you understand that:

  1. all Content which is Posted on or via the Service is the sole responsibility of the person from whom the Content originated;
  2. we do not pre-screen Content and to the extent that it has been adapted by or amended for use with the Beck & Co. PURE methodology you confirm that it remains accurate; and,
  3. you are solely responsible for any Content which you Post through Beck & Co. or directly in your use of the Service;

Ownership

We do NOT make any claim to ownership of any of the Content you Post or use in conjunction with our Service. However, in order to provide you with social networking services you understand that you must grant us the broadest royalty-free licence possible for us to use, store, distribute, reproduce, publish and display such Content on the Service. The licence will continue unless and until such Content is removed by you or us from the Service in accordance with these Terms of Use (but will also cover any cached Content which may remain on the servers beyond the point at which it has been removed and is accessible).

By submitting or otherwise uploading any Content on or through the Service you warrant, represent and agree with us that:

  1. you have the unrestricted right to grant us the licence in respect of Content Posted by you on the Service;
  2. you will not Post on or through the Service any Content which is obscene, threatening, offensive, defamatory, abusive, likely to cause annoyance, inconvenience, is in breach of confidence or privacy, a violation or misappropriation of intellectual property rights or other proprietary or contractual rights, or otherwise in breach of or violation of any applicable law, regulation or code;
  3. you agree that we may disclose your identity to any third party who is claiming that material Posted by you is in breach of (b) above, or in breach of any of the warranties set out below or otherwise is in breach of any applicable law, regulation or code;
  4. you acknowledge that any breach of the warranties and representations provided may cause us damage or loss and you agree to indemnify us in full, and keep us indemnified, on demand against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you Post, including all indirect and consequential losses;
  5. you agree that we are allowed to remove anything that you Post on or through the Service at any time without notice and at our sole discretion.

Usage Restrictions and Unacceptable Use of the Service

While using the Service you agree you will NOT:

  1. copy any of the Website or resell our Services;
  2. gain or attempt to gain unauthorised access to the Service, the server on which the Service is stored or any third party server, computer or database connected to the Service;
  3. act in a manner that is in any way misleading or illegal or that encourages such activities, including engaging in “phishing” or otherwise obtaining financial or personal information in a misleading manner or for misleading purposes;
  4. do anything that might jeopardise the security of your Account;
  5. collect or frame other users’ content or information, or;
  6. access the Website using automated means;
  7. upload malicious code or viruses, or files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. issue a denial-of-service attack against the Website or attempt to make the Service unavailable to its users;
  9. engage in activities that violate these Terms of Use, any applicable laws, regulations or generally-accepted advertising industry guidelines (including but not limited to the UK’s Advertising Standards Authority’s CAP Code);
  10. ask other users of the Service for their login information or to access an account belonging to someone else by either manual or automated means, including by using agents, robots, scripts, or “spiders”;
  11. intimidate, trouble or cause offence to any User;
  12. assign, transfer or allow access to your Account to anyone else;
  13. use the Service AT ALL if you are a convicted sex offender;
  14. use the Service in a manner that is harmful to minors in any way;
  15. lie about your age or sex, give a false name, pretend to be someone you are not, or attempt to impersonate or misappropriate another’s name or identity;
  16. Post anything that is defamatory, abusive, malicious, threatening, pornographic, that contains any nudity or violence or that is or could be harmful to any person or entity, or invasive of another’s privacy;
  17. Post or otherwise act in a manner that is hateful, discriminatory or is otherwise similarly objectionable (in our sole discretion);
  18. use a proxy service, misleading IP address, forged headers or otherwise have manipulated identifiers in order to disguise your location, or the origin of content uploaded, posted, shared or otherwise transmitted through the Service;
  19. do anything that could impair the proper working of any part of the Service;
  20. use our copyright or trade marks, or any colourably similar marks, without express written permission;
  21. frame or use framing techniques to enclose the Website, or any part of the Website, without our prior written consent; and,
  22. post anyone’s identification documents or sensitive financial information on the Service without their explicit prior consent.

Refusal, preservation and removal of and changes to Content

Whilst you acknowledge that we do not pre-screen any Content that you have submitted for use within the PURE methodology or for any other reason by means of the Service, we reserve the right to do so and to refuse, remove or revise and Content without prior notice or any liability to you, where we, in our opinion, decide any such Content is in breach of these Terms of Use or is otherwise objectionable. You agree that if any of your Content is removed as a result of your breach of these Terms of Use, or in response to a third party take down notice, or because the Content is infringing or illegal, we shall have the right to access, use, keep, reproduce and disclose the Content in any manner we require if (a) we are legally required to do so or (b) if we believe it is necessary either to comply with any legal order, procedure or request; or to enforce the Terms of Use or (c) to defend or to comply with any claim or order made against Beck & Co (or our directors, employees or other representatives), or (d) to detect, prevent or limit fraud or security breaches or (d) correct technical issues and errors with the Service; or (e) as we consider in our sole discretion may be required to protect Beck & Co or any users of the Service or the public.

Termination or Suspension of Your Access to the Service

You may terminate your Account and stop using the Service at any time by emailing us at info@beckandco.co.uk

No fees or any proportion thereof which you have paid us prior to your termination (including any pre-payment or subscription covering a period of time which has expired as at the time of your termination) are refundable except where expressly provided otherwise in these Terms of Use or as otherwise required by applicable law. Similarly, termination shall not excuse you from any obligation to pay any fees or other charges due but unpaid as at the time of your termination.

At any time and without giving you any advance notice, we may suspend your access to the Service on account of routine, planned or emergency maintenance or upgrades to the Service or its supporting hardware and/or software. Where practicable and where the Service is likely to be unavailable for a period in excess of 30 minutes, we may post notices of any scheduled maintenance or upgrade in advance on the Website.

Without prejudice to any other right on our part to terminate or suspend the Service or any part of it under these Terms of Use, we may at any time terminate or suspend your Account and/or any part of it and/or access to all or any part of the Service. The circumstances in which such suspension or termination may incur include but are not limited the following circumstances:

  1. we consider you are in breach of these Terms of Use;
  2. you inform us of your wish to cancel your Account;
  3. the Service or any part of it is discontinued by us;
  4. you choose not to accept any changes which we make to these Terms of Use and which you are required to accept as a condition of using the Service;
  5. we make a change to these Terms of Use and you do not accept such changed terms including, by way of example only, the introduction or increase in any fees or charges applicable to the Service;
  6. failure by you to pay us any fees and charges which are due and outstanding;
  7. a security breach, flaw or other technical issue;
  8. we are prevented by applicable law from offering the Service or any part of it;
  9. any criminal or other unlawful activity on your part on the part of anyone within your business.

In such circumstances we will not refund any fees or charges including any prepayments or subscriptions on account of such termination or suspension. Our liability (as well as the liability of our directors, employees or other representatives) for any loss or damage whatsoever arising from our termination or suspension of your Account or access to the Service is excluded, insofar as it is possible to do so by applicable law.

If we terminate your Account, you will not create another one without our permission.

Effects of Account Termination

Upon termination of your Account:

  1. you will no longer have a right to access the Service or use any part of it even if governed by any separate or additional terms or licence agreements;
  2. you will no longer have access to any of the Content that was Posted by you on or through the Service; and
  3. all such Content will, subject only as provided immediately below, be deleted from the Service servers including any contacts, profile and other Account information after twelve (12) months. If you request that we reinstate your Account within that time, provided that your Account with us is settled and in our sole discretion, we may reinstate your Account.
  4. we will give you the option of terminating your Account and requesting that we immediately delete all of the information relating to it. If you choose this option then we will delete your account information immediately and it will not be recoverable.

We have no obligation to assist you in migrating any of your Content to another backup device, system or social network platform and we do not keep backup copies of your Content to enable restoration of your Account once deleted.

Payments

We do not guarantee that any part or parts of the Service which are at any time made available for access and use without charge will remain so for any period of time. Your continued use of the Service or relevant part of it will be subject to you accepting our Payment Terms and paying such fees and charges as we may impose.

Disclaimers

The results of the PURE methodology rely entirely upon the input of its Users and the views they come to in using the Services. As a User of the Service you accept that the views of the Users using the Service are their views alone. You accept that neither Beck & Co, nor any employee, officer, contractor or agent of Beck & Co, endorses or shares such views, and that the results of the Services of courses of action developed in the course of using the PURE methodology do not constitute advice that is advocated by Beck & Co. Similarly, Content Posted by Users is not Content Posted by Beck & Co nor any employee, officer, contractor or agent of Beck & Co.

To the fullest extent permitted by applicable law, all conditions, warranties and other terms which might otherwise be implied by statute or at law or in equity are now expressly excluded and no representations, warranties or terms of any kind are made in respect of the Service or its content, including, without limitation, warranties of satisfactory quality, or to description or fitness for any particular purpose.

Neither we nor any of our data providers or affiliates gives any warranty or guarantee: (a) relating to the availability of the Service; or (b) that the Service and/or our operation of it, the content or the server that makes the Service available, are error or virus free or free of other harmful components; or (c) that your use of the Service and / or the Website will be uninterrupted.

Limitation of liability

Unless and to the extent only that the following exclusions are incapable of exclusion by applicable law, the Service and all its features are used by you at your risk and are provided on an “as is” and “as available” basis without any guarantees, warranties, representations, terms or conditions of any kind (whether express or implied by legislation or operation of law).

To the fullest extent permitted by law:

  1. we do not guarantee nor do we make any warranties or representations that the Website or the Service will be available at all or at any times or that it will be error-free, uninterrupted or secure;
  2. we expressly disclaim all warranties, representations, terms and conditions of any kind (express or implied), including any implied warranties, terms or conditions of merchantability, fitness for purpose, satisfactory quality, title, non-infringement of intellectual property and other third-party rights in relation to the Website or the Service supplied or otherwise made available on or via the Website;
  3. neither we nor any of our affiliates, licensors, suppliers, successors and assignees or its or their respective officers, employees, agents or contractors (together, the “Beck & Co Parties” and each, a “Beck & Co Party”) shall be liable to you for any loss or damage that is suffered or incurred by you in connection with the performance (or non-performance) of the Service or arising from your use of, or inability to use, the Website or the Service, any websites linked to it and/or any Content Posted on or through it, or any loss, damage or costs suffered or incurred by you arising from viruses or other harmful components or data received via the Service, that income, business, profits or any other indirect, consequential, special or pure economic loss or damage of any kind.
  4. no Beck & Co Party shall be liable for any damage to your equipment, software or system or any loss of data that may result from the use of any Content or the Service, nor do we endorse any products or services that may be offered to you via the Service.

Despite the preceding provisions of this section:

  1. some jurisdictions may not allow the exclusion or limitation of certain warranties or conditions. Where that is the case (and to such extent), the exclusions and limitations of liability in these Terms of Use may not apply to you.
  2. Nothing in these Terms of Use in any way limits our liability to you for: (1) death or personal injury caused by our negligence; (2) fraud or fraudulent misrepresentation; and (3) any other liability to the extent that such liability cannot be excluded or limited under applicable law.
  3. WHILST YOU AGREE THAT YOU THE SERVICES ARE PROVIDED ON A BUSINESS TO BUSINESS BASIS, NOTHING IN THESE TERMS OF USE AFFECTS YOUR RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.

You agree to reimburse each Beck & Co Party in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Beck & Co Party, in each case as a result of or in connection with: (a) your use of, or conduct on, the Service; (b) any breach of any of your obligations, warranties, representations or undertakings under the Terms of Use; (c) any improper or illegal use of your Account by any person(s); and/or (d) your posting, sharing, storage and/or transmission of any Content.

Our Intellectual Property

You acknowledge that we are the owner or the licensee of all of the intellectual property rights contained within the Service and, with the exception of the Content Posted by our Users, all of the content on it and data associated with it (including all text, trade marks, data, graphics, layout, logos, images, music or other audio material, clips, films or other moving images, algorithms, product details and/or software published or otherwise available on the Service from time to time). We grant you a limited, personal, non-transferable, non-sublicensable licence under our intellectual property rights to the minimum extent necessary in order for you to use the Service in the form provided to you for the sole purpose of accessing and use the Service in accordance with these Terms of Use. Such licence shall terminate immediately upon cancellation or termination of your Account for any reason.

If you wish to use the Content posted by other Users, before you use it in any way you must first obtain their written consent to use their Content and explaining why.

Except as set out in the limited licence above (or as may be required under any applicable law), no part of this Website may be used, reproduced, duplicated, copied, sold, resold, accessed, linked to, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. In particular, you are not permitted to republish (or frame) any part of this Website on any other website, in any other medium without our prior written permission. All the intellectual property rights referred to above remain owned by us or by our licensors.

Links to third party websites

Parts of the Website and/or the Service may contain links to third party websites. We are not responsible for, nor do we endorse such third party websites or their content. If you access any third party websites linked from the Website or Service you do so at your own risk.

Violations of the Terms of Use

If whilst using the Service you believe that any Content breaches the Terms of Use and you wish to have it removed you may notify us in the manner provided below. You agree that a minimum of two week’s notice is a reasonable amount of time to provide Beck & Co within which to remove Content which we agree breaches the Terms of Use and should be removed. Your notice will be in writing, to either: info@beckandco.co.uk or by post to: Website Administrator, BECK AND CO CONSULTANTS LIMITED, 6 Strawberry Vale, Twickenham TW1 4RU, and it should state clearly and concisely the precise nature of your concern.

Copyright infringements and takedown notices

If you believe any Content on the Website infringes your copyright, you should email us at info@beckandco.co.uk or notify us by post to: Website Administrator, BECK AND CO CONSULTANTS LIMITED, 6 Strawberry Vale, Twickenham TW1 4RU. You agree that a minimum of two weeks’ notice is a reasonable amount of time to provide Beck & Co within which to remove infringing Content. Takedown notices will be dealt with in accordance with such takedown policies and procedures as we may from time to time adopt for such purpose and make available on the Website.

Illegality

If the whole or any part of any provision of these Terms of Use is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms of Use and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms of Use and shall in no way affect the validity or enforceability of any of the other provisions.

Waiver

No waiver by us of any breach of these Terms of Use shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that we have to you that is caused by any event, act, omission or circumstance beyond our reasonable control (“Force Majeure Event”).

Assignability

You may not assign, sub-license or otherwise dispose of any of your rights under these Terms of Use. Without limiting the foregoing, this legal agreement is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of this legal agreement (or any of your rights or obligations under it) without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any our rights or obligations under this legal agreement

Entire agreement

These Terms of Use (including all provisions incorporated by reference in these Terms of Use) contain the entire agreement, and supersede any previous agreement (whether oral or written), between Beck & Co and you in relation to the subject matter of these Terms of Use. You acknowledge that you are not relying on any warranty, representation or other assurance except as expressly set out or referred to in these Terms of Use.

Third party rights

These Terms of Use are not intended to confer, and do not confer, any rights or remedies on any person other than the parties to these Terms of Use, except that any Beck & Co Party may enforce any right or remedy expressly conferred on such Beck & Co Party under these Terms of Use.

Written Communications

Applicable laws may require that some of the information or communications that we send to you should be in writing. By registering as a registered User you accept that communication between you and us will be mainly electronic. We shall contact you by email to the email address provided by you when you register your Account or provide you with information by posting notices on the Website. You agree to this means of communication complies with any legal requirement that such communications be in writing.

Governing law and jurisdiction

These Terms of Use and any related dispute or claim (contractual or non-contractual) shall be governed by, and interpreted in accordance with, English law and subject to the non-exclusive jurisdiction of the English courts. We reserve the right to bring any action(s) in any other court(s) of competent jurisdiction.

The United Nations Convention on the International Sale of Goods is specifically excluded from application to this legal agreement between us.

We were told the UK Annual plan was exceptionally well thought through and presented - but the best thing for us was that it was created collaboratively with all the teams involved

Associate Vice President & General Manager, UK & Ireland, Royal Caribbean International, Celebrity Cruises & Azamara Club Cruises

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