Terms and Conditions
Effective date: April 3, 2023
Terms and Conditions
These terms tell you the rules for using our website www.perrenial.co.uk ("our Website"):
- Acceptance of terms and conditions.
- Access to the Website and Contents.
- Intellectual Property.
- Submission of comments and contributions to the Website and Perrenial’s Social Media networks.
- Disclaimer and Limitation of Liability.
- Electronic Communications.
- Data Protection.
- Third-Party Websites.
- General.
- Governing Law.
This Website and its contents are operated and issued (unless indicated otherwise) by Perrenial. Perrenial is the trading name of Apache Risk Consulting Ltd Limited, registered in England and Wales under company number 11644634. Its registered office is at International House 36-38 Cornhill, London EC3V 3NG, United Kingdom.
References hereafter to "Perrenial", "us", "we" or "our" shall, as the context requires, refer to one or more of those companies.
The Website is intended to provide information to clients, prospects and potential employees about our professional services and solutions.
1. Acceptance of terms and conditions
1.1 By using our Website, you agree to be bound by the following terms and conditions on each and every occasion you access the Website. If you do not want to be legally bound by these terms and conditions, please do not access or use the Website.
1.2 We reserve the right to change these terms and conditions at any time and you are advised to review these terms and conditions regularly to ensure you are aware of any changes. Any modifications shall take effect 3 days after posting on the Website. Your continued use of the Website after the terms and conditions have been changed will be deemed agreement on your part to such amended terms and conditions. These terms and conditions were most recently updated May 2023.
1.3 These terms and conditions refer to the following additional terms, which also apply to your use of our site:
- Our Privacy Notice (see further under Data Protection).
- Our Cookie Policy, which sets out information about the cookies on our site (see further under Data Protection).
2. Access to the Website and content
2.1 The information provided by us on the Website is not in any way an invitation or recommendation to buy any products or services featured and you should seek appropriate independent advice.
2.2 We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.
2.3 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms and conditions and other applicable terms, and that they comply with them.
3. Intellectual Property
3.1 Copyright and all intellectual property rights in the material contained on the Website together with the website design, text, graphics, their selection, arrangement and all software compilations, underlying source code and software (including applets) belongs to Perrenial, unless indicated otherwise. All rights reserved. None of this material may be reproduced or redistributed without our written permission. However, you may use the content of the Website subject to the following conditions:
(a) It is used for information purposes only;
(b) It is used only for your own personal, non-commercial use; and
(c) Any copies or downloads of any content from the Website must include a notice that copyright of the relevant material is owned by Perrenial.
3.2 Other product and company names mentioned on this Website may be the trademarks or registered trademarks of their respective owners.
3.3 Except as expressly provided above, nothing contained on this Website should be construed as conferring any licence or right to use any trademark or copyright of Perrenial ‘s or any third-party.
4. Submission of comments and contributions to the Website and PERRENIAL’s Social Media networks
4.1 You may submit comments to Perrenial, including without limitation for publication on our social media networks. We accept no liability for data and comments submitted to our social media accounts and the limitations in clause 5 below (Disclaimer and Limitation of Liability) apply.
4.2 Any comments submitted in connection with our social media networks are submitted on the basis that we will review and may edit such comments prior to publication on the Website, and that not all submissions will be published. Publication is entirely at the discretion of Perrenial. We accept no responsibility or liability in relation to the content of any material posted or published on this Website by third parties or in relation to contributions by third parties which we publish on the Website. You are entirely liable for all activities conducted by you or by others authorised by you or otherwise on your behalf.
4.3 If, and to the extent that, you submit any personal data (such as your name and email address) to Perrenial through the social media networks, Perrenial confirms that it will only process any such personal data in line with our Privacy Notice and Cookie Policy. Please note that you may also be subject to the terms and conditions, privacy notice and cookie policy of any social network that you may use to share your use of this Website.
4.4 Any communications which we receive from you in connection with the social media networks and any material that you transmit or post or submit via this Website will be deemed non-confidential and non-proprietary and we reserve the right to use the content of such communications for any purpose whatsoever. In relation to such contributions you grant us a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, edit, publish and exercise all copyright and publicity rights with respect to such work world-wide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with the privacy restrictions set forth in the Privacy Notice and Cookie Policy. If you do not wish to grant such rights to Perrenial please do not submit your contribution to this Website or our social media networks. By submitting your contribution to this Website, you also:
(a) warrant that such contribution is your own original work and that you have the right to make it available to us for all the purposes specified above;
(b) warrant that such contribution is not defamatory, does not infringe the rights of any third-party and does not infringe any law;
(c) agree to use this Website only for lawful purposes and in a manner that does not restrict or inhibit the use and enjoyment of this Website by any third-party. Prohibited behaviour includes, without limitation, conduct which is unlawful or which may harass or cause distress to any person and the submission or transmission of content which is defamatory, abusive, obscene, offensive, pornographic, indecent, discriminatory, inflammatory, in breach of confidence or privacy or which in the opinion of Perrenial may cause offence to any person or damage our reputation. You must not use any abusive or aggressive language, swear, threaten, harass or abuse any other person, including other users;
(d) agree to indemnify, defend, and hold harmless Perrenial against any claim, liability, cost, damage, or loss we may incur (including without limitation legal fees) as a result of any violation by you of the provisions set out in this clause; and
(e) agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and other purposes specified above.
4.5 You must not intentionally violate any laws, rules or regulations.
4.6 No user must post nor recommend any other website nor refer to specific URLs (website addresses) where those linked websites would infringe any of the above provisions. No user must post any advertisement on the Website.
4.7 In using this Website, you agree not to impersonate another person or use a false name or a name you are unauthorised to use or create a false email address or try to mislead others as to the identity or origin of any communication.
4.8 You must not corrupt the site, flood the site with information so as to cause the site not to function or use anything which may affect the function of the site for example viruses, worms, logic bombs or similar. You must not interfere or tamper with, remove, delete or otherwise alter in any way, any information which is included on the Website.
4.9 Perrenial reserves the right to fail any messages and/or remove any material whatsoever submitted to our social media networks or otherwise to the Website for any reason. Perrenial will not notify the contributor of the material of such failure or removal.
4.10 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our site. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
4.11 Perrenial reserves the right to take any action against any account or user, at any time, for any reason. We may at our discretion terminate your access to the Website or to any registration area of the Website, or prevent you from submitting comments via the Website immediately and without giving you advance notice. If you engage in behaviour which breaches these terms and conditions, and we consider such behaviour to be serious and/or repeated, we may use whatever information is available to us to prevent further breaches. If your access to the Website or to any registration area of the Website is terminated, you may not open another account with us or register again and we reserve the right to terminate any such account or cancel any such registration.
4.12 Should you have any complaint regarding any material published on the Website, you can notify us of the nature and details of your complaint by contacting the email address at the bottom of this document.
5. Disclaimer and Limitation of Liability
5.1 We use reasonable endeavours to ensure that data and the information contained in the Website has been carefully prepared and to correct any errors or omissions as soon as practicable after being notified of them, however it has been written in general terms and should be seen as broad guidance only. This information cannot be relied upon to cover specific situations and you should not act, or refrain from acting, upon the information contained therein without obtaining specific professional advice. Please contact Perrenial by contacting the email address at the bottom of this document to discuss these matters in the context of your particular circumstances. Perrenial, its employees and agents do not accept or assume any liability or duty of care for any loss arising from any action taken or not taken by anyone in reliance on this information or for any decision based on it.
5.2 The content of this Website is intended to provide general guidance on matters of interest and about the services provided by Perrenial. The content of this Website does not constitute, nor should it be relied upon as, professional advice. Please contact Perrenial for advice on any particular area of interest. The terms and conditions on which Perrenial provides its services will be set out in the Terms of Business and Letter of Engagement which will be provided to you.
5.3 The information contained in this Website has been published in good faith but no representation or warranty, express or implied, is made by Perrenial as to its accuracy or completeness and it should be relied on as such law and regulations change continually and unintentional errors can occur and the information may be neither up to date nor accurate. Perrenial makes no representation or warranty (including liability towards third parties), express or implied, as to the accuracy, reliability or completeness of the information published on this Website.
5.4 No information on this Website constitutes investment, tax, legal or any other advice.
5.5 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted onto the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use or misuse of the Website or reliance on the data transmitted using the Website, or as a result from information contained on other websites to which it may be linked, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Website. Nothing in these terms and conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors, fraud or fraudulent misrepresentation or any other liability which cannot be excluded by law.
5.6 Without prejudice to the generality of clause 4.4 (d), you agree to indemnify, defend and hold harmless Perrenial against any claim, liability, cost (including without limitation legal fees), damage, or loss we may incur as a result of any violation by you of your obligations under these terms and conditions.
5.7 When you invest in any product or use a particular service, you are reminded of the following general risk warnings:
(a) past performance is not a guide to future returns;
(b) the value of investments and any income from them is not guaranteed and may fall as well as rise and an investor may not get back the original amount invested;
(c) any favourable tax treatment of a product is subject to government legislation and as such may not be maintained;
(d) the levels and basis of, and reliefs from, taxation may change in the future;
(e) rates of exchange may cause the value of investments to go up or down.
5.8 Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Websites or information you may obtain from them. We have no control over the contents of those websites or resources.
6. Electronic Communications
6.1 Recipients
Our electronic communications are confidential and may be privileged or otherwise protected from disclosure. They are for the sole use of the intended recipient(s). If you receive one in error please notify us immediately; please do not copy or disclose its contents to any person or body and delete it from your computer system. If you are not an intended recipient, please note that any use, disclosure, distribution or copying of this communication is strictly prohibited and may be unlawful.
6.2 Security
(a) The transmission of electronic mail cannot be guaranteed to be secure or error-free. Please take this into account when sending us information by electronic mail and when asking us to send you information by electronic mail. In particular, you should beware of sending any information that contains confidential, price sensitive or personal data.
(b) Any person communicating with us by electronic mail will be deemed to have accepted the risks of interception, amendment and loss, and also the consequences of late or incomplete delivery.
6.3 Liability for Information, Opinions and Advice
(a) Perrenial does not endorse, and accepts no liability for, any opinion or advice contained in a communication that is personal or otherwise unconnected with the firm or our clients' business.
(b) If a communication is business related:
(i) Perrenial accepts no liability for reliance placed on information, advice and opinions contained therein by those who are not parties to the engagement to which the communication relates; and
(ii) any information, advice and opinions contained therein are subject to:
(A) the terms and conditions of the engagement to which the information, advice and opinions relate; or
(B) the terms and conditions set out in the communication itself.
6.4 Intercepting and Monitoring of Electronic Communications
Perrenial may intercept and monitor communications entering and leaving our systems. If you communicate through our systems you will be deemed to have consented to such interception and monitoring.
6.5 Originator
This communication is from Perrenial Limited the respective Data Controller for any personal data that Perrenial holds about you pursuant to Perrenial’s Privacy Notice.
7. Data protection
7.1 We will only collect, process, and use your personal information in accordance with our Privacy Notice.
7.2 We may use cookies or similar technologies to store certain types of information each time you use the Website. You can find out more about how we use cookies and other similar technologies in our Cookie Policy.
7.3 You will not upload the personal data of any individual to our site unless you are legally permitted to do so.
8. Third-Party Websites
8.1 This Website may contain links to other websites maintained by parties other than Perrenial. These links are provided simply to increase the information available to you and we accept no responsibility or liability in respect of any data transmission errors (such as data loss or damage or alteration) or the accuracy, timeliness, suitability or lawfulness of the information contained on third-party Websites. The inclusion of a link to a third-party Website does not constitute an endorsement or an indication of a joint venture, partnership or other legal arrangement not expressly stated between us and that third-party.
8.2 You will leave the Perrenial Website if you access such links. You should be aware that, consequently, the contents of those third-party websites may not be subject to the same standards.
8.3 In addition, such third-party websites may be operated from a jurisdiction other than the UK which may have different standards regarding the confidentiality and use of data gathered on such websites.
9. General
9.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
10. Governing law
10.1 These terms and conditions shall be governed by and construed in accordance with English law.
10.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales to which both parties submit.
If you have any questions about Perrenial ‘s Website terms and conditions or other policies referred to, please contact asad.khalil@perrenial.co.uk or alternatively please call +44 (0)7399025851.