Terms of Use of the PCS Solutions Ltd Website

 

1. General Terms

 

The owner of this website is PCS Solutions Ltd (‘the Company’ or ‘PCS’), a company incorporated in Malta bearing company registration number C 77113, with registered office at Office 2, Suite 2, Capital Business Centre, Entrance C, Triq taz-Zwejt, San Gwann SGN 3000 Malta. These terms of use (‘Terms of Use’) apply to the entire contents of the website (‘Site’) www.projectcontrolsystem.com, which includes all the related Uniform Resource Locator (URLs) and mobile applications. By accessing or using this site, you agree to be bound by these Terms of Use. The service is owned or controlled by PCS Solutions Ltd. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Site. Your access to and use of the Site is subject to these Terms of Use and our Privacy Policy.

 

2. Permitted Use

 

You must use the Site in a responsible manner and in compliance with all relevant laws, regulations standards or codes. You must not attempt to breach or circumvent Site Security (‘Hacking’) or use the Site in connection with any Hacking Activities. In addition, you must not use this Site to:

– Breach any law, third party rights or any applicable codes or regulations;
– Send, post, communicate or transmit to or via the Site any information or material which is obscene, indecent, illegal, false, misleading, deceptive, defamatory or in any way infringes a third party’s rights, including the right of privacy or publicity;
– Cause the spread of a virus or other disabling feature to or via the website;
– Collect or store personal data about others without permission;
– Undertake promotions or commercial activity or use any automated system or software, whether operated by a third party or otherwise, to extract any data from this website for commercial purposes.
– Store in any electronic or other medium, publish, distribute, communicate to the public, change, modify, adapt, manipulate, distort or enhance any of the content or information on the Site.

The Company reserves the right to take such action as it considers necessary in relation to any unauthorized use of this Site.

 

3. Usage of Site

 

In order to effectively operate the Site, PCS may monitor and record certain aspects of your use of the Site. All information collected is regulated by PCS’s Privacy Policy, which complies with applicable European Union laws and regulations, you authorize PCS to collect, store and use such information and waive any right of action in connection with the collection, storage and use of such information by PCS or an authorized associate of PCS.

 

4. Intellectual property

 

All data, information, underlying computer programs, domain names, URLs, databases, and materials presented on this website, including but not limited to names, logos, color scheme and the layout of the website, are property of PCS subject to trademark rights, copyright, database rights and/or other intellectual property rights.

 

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. PCS, the PCS logo, the Current Set by PCS logo, and all other PCS trademarks, service marks, product names, and trade names of PCS appearing on or in conjunction with this Website are owned by PCS. PCS does not grant you the right to use or display any trademark, service mark, product name, trade name or logo appearing on this Website without PCS’s prior written consent.

 

5. Using information stored in the Platform

 

In relation to a client or a user’s use of the Platform, PCS operates and maintains the Platform in accordance with applicable laws. However, the client or user is responsible for the collection, use and disclosure of any information submitted by clients or users to the Platform. PCS does not review or monitor any collection, use or disclosure by clients or users of information submitted to, shared or stored in the Platform. To the extent permitted by law, and otherwise subject to the terms of any agreement in place between PCS and the relevant client, PCS bears no responsibility to any client, user or third party in relation to the collection, use and disclosure of any information stored on the Platform.

 

Upon the completion of a client project, PCS may provide archival copies of information in connection with a project to that client, which may contain information relating to you which has been submitted to the Platform (either by you, a third party or by PCS’s client). PCS bears no responsibility for any use by that client of the archival copy following PCS providing it.

 

PCS uses best industry practice to protect the security and confidentiality of the information stored by client in the platform. In case of breach of security known to PCS on the data stored by client on the Platform, PCS will advise the client without delays. Upon completion of the project and request of the client, PCS will erase from its platform any and all information stored in the platform or elsewhere in PCS systems with regard to the project, save what PCS must keep by law. PCS acknowledges that client does not grant PCS any right to use, distribute, share or otherwise disclose any of the information stored by client on the platform in relation of its project.

 

6. Postings in Interactive Areas of the Site

 

If you participate in interactive areas on this Website, you shall not post, publish, upload or distribute any postings which are unlawful or abusive in any way. PCS may delete your postings at any time for any reason without notification of or permission from you, however, PCS has no obligation to monitor or screen postings and is not responsible for the content in such postings or any content linked to or from such postings. But PCS does reserve the right, in its sole discretion, to monitor interactive areas, screen postings, edit postings, cause postings not to be posted, published, uploaded or distributed, and remove postings, at any time and for any or no reason without notification of or permission from you.

 

7. Links to this Site

 

You may not establish and/or operate links to this Site without the prior written consent of PCS.

 

8. Links with other Websites

 

This Site may contain links to other web sites (‘Linked Sites’) that are not under the control of PCS. PCS is not responsible for the contents or availability of any Linked Site. PCS is providing these links to you merely as a convenience and the inclusion of any link does not imply endorsement by PCS of the Site or any association with its operators. PCS makes no representations concerning Linked Sites at all. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

 

9. Notification of Infringement of Rights

 

You should notify PCS immediately of any breach of this notice or infringement of intellectual property rights. You should notify by e-mail to legal@projectcontrolsystem.com

 

10. Limitation of Liability and Disclaimers

 

We endeavor to do our best to ensure that the Site is free from errors. However, it is possible that the Site could contain errors, inaccuracies and omissions. It is also possible that from time to time, some or the entire Site may be temporarily inaccessible or may not function properly. PCS provides the Site ‘as is’ and makes no warranties of any kind. PCS will not be held liable for any losses and/or damages, injury or claim arising from the use of this Site or of any other Site to which this Site provides a link, and/or from the use of any facts and/or information presented on this or any such other website.

 

PCS disclaims all responsibility of any kind for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) errors in or omissions from this website including, but not limited to, technical inaccuracies and typographical errors; (b) third party communications, (c) any third party platforms, websites or content therein directly or indirectly accessed through links in this Site (d) the unavailability of this Site, (e) your use of this Site and (f) Your use of any equipment or software in connection with this Site.

 

11. Relationship to PCS and You

 

You are an independent third party to this Website, and nothing in this Agreement will create or represent that there is any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between you and PCS.

 

12. Registration

 

Certain sections of this Website may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform PCS of any changes to that information. You understand that by registering with this Website, you may receive regular updates regarding new or existing PCS applications. You may request to unsubscribe by following the directions in such updates and PCS will permanently remove you from PCS’s registered list of subscribers.

 

13. Privacy

 

Your use of this Website is subject to these Terms of Use and PCS’s Privacy Policy.

 

14. Severability of Provisions

 

These Terms of Use incorporate by reference any notices contained on this Site, the Privacy Policy, and constitute the entire agreement with respect to access to and use of this Site. In the event there is conflict amongst the terms of the foregoing, these Terms of Use prevail. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

 

15. Modifications to Terms of Use

 

From time to time, we may need to change these Terms of Use to reflect our evolving business. We may change the Terms of Use at any time by posting the changed terms on the Site, or by posting notice on our homepage stating that a change has occurred.

Any change in the Terms of Use will not affect the terms of any pre-existing agreement between you and us regarding your acquisition of any products or services from the Site. Those changes will go into effect on the effective date shown in the revised Terms of Use. By continuing to use the Site or Services, you consent to the revised Terms of Use.

 

16. Applicable law and Jurisdiction

 

It is a condition precedent to the use of this website that any party submits to the sole and exclusive jurisdiction of the Courts of Malta and to the application of the law in that jurisdiction, including any party accessing such information or facilities on their own behalf or on behalf of others. In the absolute and sole discretion of PCS, a legal action may be brought by PCS against any party in breach of these terms and conditions, at its election in Malta or the place of breach or the domicile of that party, and, if more than one party, in the domicile of any one of those parties, and all other parties shall submit to that jurisdiction.