Terms and Conditions
Background
This agreement applies as between you, the User of this Web Site and PD-M International Ltd, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately. These terms and conditions were last updated in January 2019.
1. DEFINITIONS AND INTERPRETATION
In this Agreement the following terms shall have the following meanings:
“Content”
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“PD-M International Ltd”
means PD-M International Ltd, Registered in England and Wales Registered Number: 550758. Registered office: 23 Finkle Street, North Yorkshire, YO7 1DA
“Service”
means collectively any online facilities, tools, services or information that PD-M International Ltd makes available through the Web Site either now or in the future;
“System”
means any online communications infrastructure that PD-M International Ltd makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Web Site and is not employed by PD-M International Ltd and acting in the course of their employment; and
“Web Site”
means the website that you are currently using (www.pd-m.com) and any sub-domains of this site (e.g. subdomain.pd-m.com) unless expressly excluded by their own terms and conditions.
2. INTELLECTUAL PROPERTY
2.1 All Content included on the Web Site including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of PD-M International Ltd, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by PD-M International Ltd.
2.3 Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
3. LINKS TO OTHER WEB SITES
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of PD-M International Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
4. PRIVACY
Use of the Web Site is also governed by our which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
5. DISCLAIMERS
5.1 PD-M International Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
5.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
6. AVAILABILITY OF THE WEB SITE
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
PD-M International Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
7. LIMITATION OF LIABILITY
7.1 To the maximum extent permitted by law, PD-M International Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
7.2 Nothing in these terms and conditions excludes or restricts PD-M International Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of PD-M International Ltd.
7.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
8. NO WAIVER
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
9. PREVIOUS TERMS AND CONDITIONS
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
10. NOTICES
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@pd-m.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
11. LAW AND JURISDICTION
These terms and conditions and the relationship between you and PD-M International Ltd shall be governed by and construed in accordance with the Law of England and Wales and PD-M International Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Privacy Notice
GDPR DATA PROTECTION PRIVACY NOTICE
Your privacy is important to us and this privacy notice sets out how we, PD-M International Ltd use and protect any information we hold about you.
We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified, then you can be assured that it will only be used in accordance with this privacy notice.
PD-M may change this policy from time to time by updating this notice. You should check this privacy notice from time to time to ensure that you are happy with any changes.
This notice explains what personal data (information) we hold about you, how we collect it and how we use and may share information about you during your relationship with PD-M and after it ends. We are required to notify you of this information under data protection legislation. Please ensure that you read this notice and any other similar notice we may provide to you from time to time when we collect or process personal information about you.
Who collects the information
PD-M INTERNATIONAL LIMITED (PD-M) is a product design and development consultancy, based in Thirsk, UK. As a part of our business operations we gather and use certain information about you and in this manner we are a ‘data controller’. Our contact details are given below.
About the information we collect and hold
The information we might collect from you includes your name and title, gender, contact address, email address, telephone numbers, profession, role, your employer and / or the organisation you are associated with and a link to your LinkedIn profile.
If we send you a link to invite you to visit our website we may include recording the web pages and timings of your visits.
If we are, or are seeking to, perform a contract with you as a professional individual, or similar, we may also collect and use certain financial information such as details of your bank or building society.
How the information is collected
Usually, we collect the information from you when we ask for it. Occasionally we may obtain your information from publicly available sources such as the electoral roll or from third parties who hold such information and are permitted to share it with us.
Why the information is being collected
The information is collected so that we can:
Enter into and perform a contract between PD-M and you or your organisation
Maintain business contact records and good business relations practice and
Comply with our legal obligations (such as those imposed by FDA, MHRA, HMRC, EMA).
How the information will be used
The information will be used:
To enter into and perform a contract between PD-M and you or your organisation
To contact you from time to time in respect of matters that we consider may be of interest to you
To comply with our legal obligations (for example, with regard to regulatory authorities).
Who the information will be shared with
We will not normally share your information with third parties without your consent save in the performance of the contract to provide our services to you (e.g with FDA, MHRA, HMRC, EMA or other relevant regulatory bodies) or to the extent that we are required to do so by law (for example, to demonstrate to regulatory authorities that we are complying with obligations imposed upon us).
We may also share information with our external contractors, our professional advisers, and, potential purchasers of some or all of our business or on a restructuring. The recipient of the information in these circumstances will be bound by confidentiality obligations.
We seek to ensure that our information collection and processing is always proportionate. We will notify you of any changes to information we collect or to the purposes for which we collect and process it.
We will share personal information with law enforcement or other authorities if required by applicable law.
For how long ill the information be kept
We keep your information during and after your relationship with PD-M for no longer than we consider is necessary for the purposes for which the personal information is processed.
Your rights to correct and access your information and to ask for it to be erased
Please contact our Data Protection Coordinator (DPC) by email at info@pd-m.com or by telephoning +44 (0)1765 602600 if (in accordance with applicable law) you would like to correct or request access to information that we hold relating to you or if you have any questions about this notice. You also have the right to ask our DPC for some but not all of the information we hold and process to be erased (the ‘right to be forgotten’) in certain circumstances. Our DPC will provide you with further information about the right to be forgotten, if you ask for it.
Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
How to complain
We hope that our DPC can resolve any query or concern you raise about our use of your information. If not, contact the Information Commissioner at ico.org.uk/concerns/ or telephone: 0303 123 1113 for further information about your rights and how to make a formal complaint.
PD-M Contact details
PD-M International Ltd, Riverside Studio, 23 Finkle Street, Thirsk, North Yorkshire, YO7 1DA
Telephone: +44 (0)1765 602600