Terms & Conditions
|Terms and Conditions|
Terms and Conditions
(1.1) This user agreement (“the agreement”) describes the terms on which you can access and use the PwC Suite system and the content accessed through the PwC Suite system (the “system”). If you are accessing a microsite only, then your access is governed exclusively by clause 8 of this agreement. Access to a microsite will only be granted once we and your employer enter into a contract for services.
(1.2) By viewing or using the site you agree that you have read and agreed to be bound by the terms of this agreement. You may only use the system in accordance with our acceptable use policy. You warrant and represent that you have full authority to legally bind your employer to the terms of the agreement. We may amend the agreement with immediate effect at any time by posting the amended terms on the website.
2 Access to, use and performance of the PwC Suite
(2.1) You must maintain your user name and password in strict confidence. You will immediately tell us in writing if your user name and password become known to anyone else so that we can disable the account and provide you with a replacement user name and password. Neither we, nor our licensors, accept any liability in connection with any unauthorised access to or use of the system.
(2.2) The system is provided solely for your internal business use and you may not provide (or otherwise make it available or the benefit of it available) to anyone else without our prior written consent.
(2.3) You must not: i) infringe our intellectual property rights or those of our licensors; ii) decompile, decipher, disassemble, reverse engineer or otherwise decrypt the system except to the extent permitted by non-excludable laws; iii) use the system to provide services to a third party or allow any third party to obtain a copy of the system, or access or use them, save as expressly agreed in writing by us in advance, or where required by law; iv) use the system without obtaining any necessary permits, consents or licences required to inter-operate the system with other software, hardware or data you use or licence; v) use the software on any unsuitable system; vi) duplicate, modify or create a derivative work from the system without our prior written consent.
(2.4) We may suspend the use of or access to the system from time to time: (i) to perform routine or emergency maintenance; (ii) to implement service changes and upgrades to the system; (iii) to mitigate issues caused by any acts or omissions of third parties or issues with any internet infrastructure; or (v) if the system is, in our opinion, being misused. Any such downtime will be limited to the minimum extent necessary in the circumstances, as determined by us.
(2.5) We may terminate this agreement and your access to the system (or any part of the system) at any time in our sole discretion without cause and with immediate effect. If you wish to terminate this agreement you will notify us in writing and the agreement will terminate seven days from the date of your notice.
(2.6) You agree that we can store any information supplied by you, or anyone else working with or for you, in our benchmarking databases. We will take appropriate technical and organisational security measures to preserve the confidentiality of this information. It may be combined with information of other parties to provide reports and services to other parties, as long as neither you nor anyone else can be identified from those reports and services.
(2.7) You will only use or upload duplicate data to the system. You are solely responsible for keeping the originals of and backing up any data stored on the system and any copies required by you. You and we will use standard, commercially-available virus-checking software in relation to any document or files accessible or uploaded using the system.
3 Intellectual Property
(3.1) You acknowledge that all rights, including all intellectual property rights, title and interest in the system (including the software and the content provided through or on the system) belong to and will remain with us (or our licensors) and that you are not acquiring any property rights in the system or any information it contains.
4 Limited Liability
(4.1) We do not make any other warranty of any kind whatsoever, either express or implied, including but not limited to implied warranties of quality or fitness for a particular purpose, availability, or security. We do not warrant the results of the system or that the system will meet your requirements.
(4.2) As the system is being provided “as is” and free of charge, subject to clause 4.3, you agree that it is reasonable that we shall have no liability of any kind in any circumstances whatsoever to you in connection with the system and content on the system including without limitation negligence, loss of profit, goodwill, business opportunity, anticipated savings or benefits, or any indirect or consequential loss.
(4.3) Nothing in this agreement will limit a person’s liability for (i) death or personal injury caused by that person’s negligence, (ii) that person’s fraud or (iii) anything else that cannot by law be limited.
(4.4) The information given on the system is for information only and does not constitute investment, legal, accounting or tax advice, or a representation that any investment or service is suitable or appropriate to your individual circumstances. Please seek professional advice before making any investment decision.
5 Data Protection
(5.1) You agree that we may process your personal data in accordance with our Privacy Statement available at https://thesuite.pwc.com/privacy-policy.
(6.1) If a dispute arises, the parties will attempt to resolve it by discussion, negotiation and mediation before commencing legal proceedings.
(6.2) The agreement and any dispute arising from it, whether contractual or non-contractual, will be governed by English law and be subject to the exclusive jurisdiction of the English courts.
(6.3) This agreement forms the entire agreement between the parties in relation to the system, excluding the microsites. It replaces any earlier agreements, representations or discussions.
(6.4) Unless explicitly stated otherwise, this agreement does not create or confer any rights on third parties under the Contract (Rights of Third Parties) Act 1999 (as amended from time to time).
(6.5) If any of the provisions of this agreement are found to be invalid, unenforceable or illegal, the other provisions will remain in force.
(7.1) In the agreement the following words and expressions have the meanings given to them below:
PwC firm – any entity or partnership within the worldwide network of PricewaterhouseCoopers firms and entities
we, us or our - refers to PricewaterhouseCoopers LLP, a limited liability partnership incorporated in England (number OC303525) whose registered office is at 1 Embankment Place, London WC2N 6RH
you, your - the party or parties to the agreement (excluding us).
In particular, but without limitation:
- Please refer to the engagement letter, including the terms of business and PwC Family Office supplemental terms agreed between PwC and the client signatory, who is the primary contact for your family (“agreement”), for any additional terms that may apply to you.
- You confirm that you: (i) are aware of the contents of the agreement; and (ii) will use and access Family Office in accordance with the agreement.
Use of PwC Family Office
- When accessing PwC Family Office, in particular (but without limitation) you must:
- maintain your access code in strict confidence and not share it with anyone else;
- immediately tell us in writing if anyone else obtains your user details so that we can disable your access codes and provide a replacement;
- not do anything to bypass PwC Family Office’s access or security controls or undermine PwC Family Office’s security in any way;
- not store, distribute or transmit any material through the system (including uploading any information) that is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive; knowingly facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities. We will determine, in our discretion, if there has been a breach of this agreement. If a breach of this agreement has occurred, we may take such action as we deem appropriate, including deleting inappropriate content, suspending or terminating your access to the system.
- not post or upload highly personal sensitive information; and
- not provide PwC Family Office or its outputs to anyone other than a permitted user or your professional adviser without our prior written consent.
- The data in the Wealth Dashboard is based on the information, valuations and estimates applicable at the date the information is provided to us. We will not monitor or be responsible for the effects of any subsequent changes in information, valuations or estimates. We will update the data in the Wealth Dashboard as and when instructed by you, or the client signatory which will then be charged at our standard hourly rates.
- The Wealth Dashboard has been developed using data and information obtained from you and on your behalf. We have not sought to verify the information so provided, nor has the data been audited. Accordingly we give no representation nor warranty as to the accuracy of the Wealth Dashboard. The Wealth Dashboard is not intended to form the basis of any business or investment decision and does not constitute professional advice.
Approved Third Party
- If you are accessing PwC Family Office as an approved third party you agree you are granted access on a no liability basis and will only use PwC Family Office for the purpose of providing support and information to your client in relation to the PwC Family Office.
- You are responsible for your engagement contract with any approved third party, including ensuring that an approved third party keeps your data secure.
- If, at your request, we have granted your professional advisers access to PwC Family Office (each an “approved third party”), this will be done the basis that we have no liability to the approved third party.
- Our total liability for all claims connected with the agreement, to the client signatory and all permitted users is 3 times fees or £100,000, whichever is greater. In accordance with 8.3 in the terms of business, the limit on our liability is to be shared between the client signatory and all permitted users and it is up to these parties how they share it.
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