Contractor Portal – Terms & Conditions

Please read these terms and conditions carefully before using this website. Your use of the Contractor Portal which is operated by psd Ltd (“psd”), is expressly conditioned on your acceptance of these terms and conditions. By using the Contractor Portal you signify your assent to these terms and conditions. If you do not agree with any part of the terms and conditions herein you should not use the Contractor Portal. If you have any questions regarding these Terms & Conditions, please contact the Contracts Admin Team on +44 1293802000.

1. Ownership

Except for items in the public domain, the information and all other materials comprising the Contractor Portal are wholly owned by psd. Nothing contained on this site should be construed as granting any license or right to use any of the content without the written permission of psd.

2. Use of Site

Except for your internal business use, the Contractor Portal may not in whole or in part be sold, reproduced, published or redistributed in any medium, directly or indirectly, for any other commercial or non-commercial purpose. Unauthorised use of the Contractor Portal and/or the contents may violate applicable intellectual property laws or other laws. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. By uploading or otherwise submitting a file or other information to the Contactor Portal you automatically grant or warrant that the copyright owner of any content has expressly granted to psd a license to use the content as if it were in the public domain. By submitting information on this website, you represent and warrant that the information you are providing is true and accurate. You are responsible for any use, misuse and/or misappropriation of the data contained in your company’s profile by your employees, former employees and/or other third parties who may gain access to such data through the use of your password. Accordingly, you hereby agree to indemnify and hold psd harmless from and against any use, misuse and/or misappropriation of, or unauthorised access to, the profile information submitted to psd and maintained on this portal.

3. Age and Responsibility

You represent that you are of sufficient legal age to use the Contractor Portal and to create binding legal obligations for any liability you may incur as a result of the use of the website. You understand that you are financially responsible for all uses of the Contractor Portal by you and those using your login information.

4. Privacy

You have read the psd Privacy Policy and agree that the terms of such policy are reasonable. You consent to the use of your personal information by psd and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the psd Privacy Policy.

5. User Identification, Authentication/Password Standard

Information resources and networks must be safeguarded to ensure their confidentiality, integrity and availability. Therefore all users accessing the Contractor Portal will be assigned a unique user ID. Allowing a user ID to be used by anyone other than the owner is prohibited. Each user is accountable for all activity that is performed under their user ID. User IDs will be suspended after a predetermined number of unsuccessful logon attempts. User IDs will be suspended after a predetermined period of inactivity. Passwords and PINs are considered highly confidential and must never be written down. Each user must uniquely generate passwords. Easily guessed passwords, such as names, common words, etc., must not be used.

6. No Warranties and Limitation of Liability

Your use of the Contractor Portal is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files or other material (including software) obtained through the Contractor Portal. Neither psd nor any of its content providers endorse or stand behind the accuracy, truthfulness or reliability of any information provided on or by means of psd. The Contractor Portal is provided “as is” and neither psd nor any of its suppliers, content providers, licensors, employees, agents or the like makes any express or implied representation or warranties regarding the usability, condition or operation thereof. No oral advice or written information given to you by psd or any of its content providers, agents, or the like shall create any warranty. Neither psd nor any of its content providers, agents, or the like warrants that access to, or use of, the Contractor Portal will be uninterrupted, virus free, or error-free, or that the Contractor Portal (including, without limitation, any content) will meet any particular criteria of performance or quality. psd, on behalf of itself and all of its content providers, agents and the like, hereby expressly disclaim any and all warranties and/or representations, whether express or implied, oral or written, including, without limitation, any and all implied warranties of merchantability, reasonable care, compatibility, security, reliability, accuracy, and/or fitness for a particular purpose (whether or not psd knows, has reason to know, has been advised or is otherwise in fact aware of any such purpose), in each instance in respect of the Contractor Portal. Furthermore, psd, on behalf of itself and all of its content providers, agents and the like, hereby expressly disclaim any and all warranties of title and/or non-infringement in respect of the Contractor Portal.

7. Limitation of Liability

psd and all of its content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Contractor Portal, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if psd has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, psd and all of its content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you. The provisions of this Section 7 and Section 6 above represent a reasonable allocation of the risks under these terms and conditions. psd‘s willingness to allow you to use the Contractor Portal reflects this allocation of risk and the limitations of liability specified herein.

8. Indemnification

You agree to indemnify psd and all of its content providers, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, legal fees), and/or damages arising out of claims based upon your use of the Contractor Portal including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.

9. Links

The Contractor Portal may contain links to websites operated by parties other than psd. Such links are provided for your reference only. psd does not control such websites and is not responsible for their contents. psd makes no representation or warranty regarding any other websites or the contents or materials on such websites. The Contractor Portal’s inclusion of links to other websites does not imply psd‘s endorsement of the material on the websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

10. Governing Law

These terms and conditions shall be governed by the Law of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.

11. No Waiver

The failure of either party to insist upon or enforce strict performance by the other party of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and psd nor the trade practice shall modify any provision of these terms and conditions.

12. Modification

psd may at any time modify these terms and conditions and your continued use of this website will be conditioned upon the terms and conditions in force at the time of your use.

13. Additional Terms

Additional terms and conditions may apply other portions of the Contractor Portal and you agree to abide by such other terms and conditions.

14. Severability

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

15. Intellectual Property

All information and images incorporated within this website are ©psd 2019.

16. Entire Agreement

These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.