CONSULTANCY AGREEMENT -- AGREEMENT BETWEEN PCI AND THEIR CLIENTS -- TERMS AND CONDITIONS OF ENGAMENENT

CONSULTANCY AGREEMENT

AGREEMENT BETWEEN PCI AND THEIR CLIENTS

TERMS AND CONDITIONS OF ENGAMENENT

ISSUE 1 - DATED 9 FEBRUARY 2015

TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CONTRACTING PCI YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THE PCI WEBSITES AT  (https://www.linkedin.com/groups/PANGEA-CONSULTANTS-INTERNATIONAL AND  https://www.facebook.com/pages/Pangea-consultants-international-pci/1585515531662581

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ENGAGE US.  

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") is our terms of service that governs our relationship with users and others who interact with Pangea Consultants International (herein after referred to as ‘PCI’) By engaging PCI you agree to this Statement, as updated from time to time.

1. Privacy

Your privacy is very important to us. We designed our Policy to make important disclosures about how you can use PCI. We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.

2. Sharing Your Content and Information

You own all of the content and information you post to PCI and you can control how it is shared through your privacy and application settings. In addition:

1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with your PCI consultation. This IP agreement ends when you delete your IP content or your account unless you have given permission that your content could be shared with others, and they have not deleted it.

2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

3. We require all applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about LinkedIn and Facebook and how you can control what information other people may share with applications, read the LinkedIn and Facebook Policies and terms of use.)    

4. When you publish content or information using you are allowing PCI and all PCI consultants to access and use that information, and to associate it with you (i.e., your name and profile picture).

5. We always appreciate your feedback or other suggestions about PCI but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

3. Safety

We do our best to keep PCI safe, but we cannot guarantee it. We need your help to keep PCI safe, which includes the following commitments by you: 

1. You will not post unauthorized commercial communications (such as spam) on PCI the Webpages.

2. You will not collect users' content or information, or otherwise access PCI using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on PCI. 

4. You will not upload viruses or other malicious code.

5. You will not solicit login information or access an account belonging to someone else.

6. You will not bully, intimidate, or harass any user.

7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

10. You will not use PCI to do anything unlawful, misleading, malicious, or discriminatory.

11. You will not do anything that could disable, overburden, or impair the proper working or appearance of PCI such as a denial of service attack or interference with page rendering or other PCI functionality.

12. You will not facilitate or encourage any violations of this Statement or our policies.

4. Registration and Account Security

PCI users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account: 

1. You will not provide any false personal information on PCI or create an account for anyone other than yourself without permission.

2. You will not create more than one personal account.

3. If we disable your account, you will not create another one without our permission.

4. You will not use Connectin2 if you are a convicted sex offender.

5. You will keep your contact information accurate and up-to-date.

6. You will not share any passwords or let anyone else access your account, or do anything else that might jeopardize the security of your account.

7. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.

5. Protecting Other People's Rights

We respect other people's rights, and expect you to do the same. 

1. You will not post content or take any action on PCI that infringes or violates someone else's rights or otherwise violates the law.

2. We can remove any content or information you post on PCI if we believe that it violates this Statement or our policies.

3. We provide you with tools to help you protect your intellectual property rights. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

4. If you repeatedly infringe other people's intellectual property rights, we will cancel your account when appropriate.

5. You will not use our copyrights or trademarks (including ‘PCI’), or any confusingly similar marks. 

7. You will not post anyone's identification documents or sensitive financial information on PCI.

6. Computer Devices

1. We currently provide our LinkedIn and Facebook services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.

7. Amendments

1. We can change this agreement if we provide you notice (by posting the change on the PCI Websites and an opportunity to comment. For all changes we will give you a minimum of three days notice. Comments to proposed changes can be made on any of our PCI Webpages.

8. Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of PCI to you. We will notify you by email or at the next time you access the PCI Webpage.  You may also delete your account or disable your application at any time. 

15. Disputes

1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or PCI exclusively in a state or federal court located in South Africa.

The laws of the Republic of South Africa will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Bloemfontein, Free State Province, South Africa for the purpose of litigating all such claims.

2. If anyone brings a claim against us related to your actions, content or information on PCI, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on PCI and are not responsible for the content or information users transmit or share on PCI. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on PCI.

We are not responsible for the conduct, whether online or offline, or any user of PCI.

3. WE TRY TO KEEP PCI BUG-FREE AND SAFE BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING PCI AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PCI WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT PCI WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. PCI IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES

16. Special Provisions Applicable to international users.     

We strive to create a global community with consistent standards for everyone, but we also strive to respect all local laws. The following provisions apply to clients:

1. You consent to having your personal data transferred to and processed in the Republic of South Africa and elsewhere in the world where our consultants are situated. 

17. Definitions

1. By "PCI" we mean the features and services we make available, including through (a) our website at: https://www.linkedin.com/groups/PANGEA-CONSULTANTS-INTERNATIONAL or  https://www.facebook.com/pages/Pangea-consultants-international-pci/1585515531662581and any other PCI branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) of LinkedIn or Facebook, social plug-ins such as the Like buttons, the Share buttons and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.

2. By "Platform" we mean LinkedIn or Facebook that enable others, including application developers and website operators, to retrieve data from PCI or provide data to us.

3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with PCI, visually or in text format.  

4. By "content" we mean anything you post on PCI that would not be included in the definition of information.

5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from PCI or provide to PCI through our Webpage.

6. By "post" we mean post on PCI or otherwise make available by using PCI.

7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

8. By "active registered user" we mean a user who has logged into PCI Webpage at least once in the previous 30 days.

9. By "application" we mean any application or website that uses or accesses LinkedIn or Facebook, as well as anything else that receives or has received data from us. If you no longer access LinkedIn or Facebook but have not deleted all data from us, the term application will apply until you delete the data.

18. Other

1 This Agreement makes up the entire agreement between the parties regarding PCI, and supersedes any prior agreements.

3. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.

4. If we fail to enforce any of this Agreement, it will not be considered a waiver.

5. Any amendment to or waiver of any provision contained in this Agreement must be made in writing. 

6. You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.

7. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

8. Nothing in this Agreement shall prevent us from complying with the law.

9. This Agreement does not confer any third party beneficiary rights.

10. We reserve all rights not expressly granted to you.

11. You will comply with all applicable laws when using or accessing LinkedIn or Facebook.  

You are strictly prohibited from unauthorized use of our systems or this website, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on our Websites.    

19. Copyright notices

The works of authorship contained in PCI’s Websites, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by PCI, or one of its subsidiaries. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner’s prior written consent. Except for any third party exchange data, you may download information and print out a copy for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

20. Trademark notices

“PCI” logo and Symbol are trademarks of PCI. Including all featured words or symbols, used to identify the source of goods and services.  

LIMITATION OF LIABILITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE LINKEDIN AND FACEBOOK (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE, OUR AFFILIATES, AND ANY THIRD PARTY DATA PROVIDERS;

ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THESE WEBSITES;

DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THESE  WEBSITES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE;

DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON OUR WEBSITES AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION; AND

WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL.

NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. 

To access this Agreement in several different languages, Google offer a comprehensive translation service that can be found at: https://translate.google.co.za/?hl=en

21. Minors and safety

We take safety issues very seriously, especially with children, and we encourage parents to teach their children about safe internet practices. Please take the time to read: TERMS OF USE, REGARDING AGE REQUIRMENTS TO BECOME A MEMBER ON PCI. 

To protect minors, we may put special safeguards in place (such as placing restrictions on the ability of adults to share and connect with them), recognizing this may provide minors a more limited experience on PCI.  

22. PCI and Law Enforcement

We work with the law enforcement community to promote safety, on and offline.

23. Protecting Your Privacy

We take the privacy of your information very seriously. If PCI receives an official request for account records, we first establish the legitimacy of the request. When responding, we apply strict legal and privacy requirements.

24. Promoting Safety

We work with law enforcement agencies all over the world, including INTERPOL to help our clients on PCI stay safe. This sometimes means providing information to law enforcement officials that will help them respond to emergencies, including those that involve the immediate risk of harm, suicide prevention and the recovery of missing children.

We may also supply law enforcement with information to help prevent or respond to fraud and other illegal activity, as well as violations of the PCI terms.  

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