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Terms and Conditions

 

  1. In the Terms and Conditions (“TC”) “you” means the company using the My Pilkington portal and its range of services and “Pilkington” means Pilkington Group Limited represented by Pilkington United Kingdom Limited.
  2. These TC govern your use of the website which we, Pilkington, operate from the URL “www.pilkington.com” (“Website”).  By using the Website you agree to be bound by these TC.  If you do not agree with any part of these TC you may not access or use the Website.
  3. Pilkington will provide you with access to the My Pilkington portal (“My Pilkington”) wherein you will be able to view and amend information we hold about your company, manage contact details and access a range of other services. This includes managing how your company will be displayed on our website Supplier Finder(s) and reporting on user access to same. The access and services available will be added to and changed from time to time. Pilkington is under no obligation to provide you with notice of such updates.  
  4. Pilkington will (i) provide you with access to My Pilkington (ii) provide you with access to enter / amend the page designated to you on the Trade and / or Retails Supplier Finder  service (“Find a Supplier Page(s)”) hosted in the Website and (iii) notify you that a consumer, specifier or other trade company has requested you contact them (“Services”).  You must provide all equipment necessary to access the World Wide Web and pay any service and/or telephone fees associated with such access.
  5. The Find a Supplier Pages act purely as a venue for you to (i) set out your contact details (ii) include a brief description about you (iii) display your logo and (iv) include a couple of images connected to you.
  6. You acknowledge and agree that Pilkington assumes no responsibility or liability for the contents, deletion, or failure to store any information, images or personalisation settings contained on your profile within My Pilkington or on the Find a Supplier  Pages or the Website. 
  7. You acknowledge that Pilkington may establish general practices and limits concerning use of the Services.
  8. Pilkington reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Pilkington shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
  9. In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about your company and (b) maintain and promptly update this information to keep it true, accurate, current and complete. If you (i) provide any information that is untrue, inaccurate, misleading, not current or incomplete or (ii) Pilkington has reasonable grounds to suspect that such information is untrue, inaccurate, misleading, not current or incomplete or (iii) provide information that is in breach of applicable laws and regulations then Pilkington has the right to suspend or terminate your access to My Pilkington and/or Find a Supplier Pages and refuse any and all current or future use by you of the Services.
  10. You acknowledge that all information, data, text, photographs, graphics, video, messages and other materials ("Content") contained or that have been previously contained on your Find a Supplier Pages and/or My Pilkington, whether publicly or privately transmitted, are your sole responsibility. This means that you, and not Pilkington, are solely responsible for all Content on your Find a Supplier Pages and My Pilkington. Pilkington does not control the Content posted to My Pilkington or your Find a Supplier Pages and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services and the Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Pilkington be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Services or any Content posted or otherwise transmitted via the Website or the Services.
  11. You will receive a password and login id upon accepting these TC. You are responsible for maintaining the confidentiality of the password and login id and you must not disclose it to any third party. You are fully responsible for all activities that occur under your password or login id. You agree to immediately notify Pilkington of any unauthorised use of your password or login id and any other breach of security.   You also agree to indemnify and hold harmless Pilkington for any loss it may suffer through the unauthorised use of your password or login id and any other breach of security.
  12. You agree that Pilkington in its sole discretion, may terminate your password, login id or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Pilkington believes that you have violated or acted inconsistently with the letter or spirit of the TC. Pilkington may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TC may be effected without prior notice, and acknowledge and agree that Pilkington may immediately deactivate or delete your access to My Pilkington and/or your Find a Supplier Pages and all related information.  Further, you agree that Pilkington shall not be liable to you or any third-party for any termination of your access to the Services.

 

  1. You agree not to use the Services to:
  1. upload or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  3. upload or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  4. upload or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  5. upload or otherwise transmit any unsolicited or unauthorised advertising, promotional materials or any other form of solicitation;
  6. upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  8. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  9. intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange; or
  10. "stalk" or otherwise harass.
  1. You acknowledge that Pilkington has no obligation to monitor Content and we disclaim all liability and responsibility arising from any reliance placed on such Content by you, any third party or anyone who may be informed of the Content. Pilkington and its employees shall have the right in their sole discretion to refuse, move or remove any Content that is available via the Services that violates the TC or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of the Services including any reliance on the accuracy, completeness, or usefulness of such Content or the Services.
  2. You agree that Pilkington may access, preserve, and disclose your account information and Content: (a) to its affiliated companies worldwide for the purpose of providing the Services to you in an efficient manner (b) for the purpose of properly administering your account in accordance with the standard operating procedures of Pilkington or its affiliated companies (c) for marketing and promotion to trade customers and consumers and (d) if required to do so by law or in the good faith and belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process (ii) enforce the TC (iii) respond to claims that any Content violates the rights of third-parties (iv) respond to your requests for customer service or (v) protect the rights, property, or personal safety of Pilkington, its users and the public.

  3. You acknowledge that the technical processing and transmission of the Services, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
  4. Recognising the global nature of the World Wide Web, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom, the United States and the country in which you reside (if different from the aforementioned).
  5. You agree to indemnify and hold Pilkington and its subsidiaries, affiliates, officers, agents, co-branders and other partners and employees harmless from any claim or demand, including without limitation reasonable legal fees, made by any third party due to or arising out of the Content you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your violation of the TC, or your violation of any law or rights of a third party
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
  7. The Website may provide links to other World Wide Web sites or resources. Because Pilkington has no control over such sites and resources, you acknowledge and agree that Pilkington is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Pilkington shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource.
  8. You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software ") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Pilkington, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

 

  1. Intellectual Property

 

You acknowledge that Pilkington is the owner or licensee of all intellectual property rights in the Website and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

 

You acknowledge that any Content uploaded to My Pilkington and/or the Find a Supplier Page and/or the Website will be considered non-confidential and non-proprietary, and that Pilkington has unlimited rights to such information and that Pilkington may use such information in any way Pilkington chooses.  Pilkington also has the right to disclose your identity to any third party who is claiming that any Content contained on your My Pilkington and/or Find a Supplier Page constitutes a violation of their intellectual property rights, or of their right to privacy.

 

  1. You expressly acknowledge and agree that:
  1. Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Pilkington expressly disclaims all warranties, guarantees, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of Services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
  2. Pilkington makes no warranty or representation that (i) the Services will meet your requirements (ii) the Services will be uninterrupted, timely, secure, or error-free (iii) the results that may be obtained from the use of the Service will be accurate or reliable (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations and (v) any errors in the Software will be corrected.
  3. Pilkington grants the use of the Services on a non-exclusive basis and you acknowledge that other third parties will also be offered similar Services regardless of their location.
  1. Limitation of liability

You expressly acknowledge and agree that, to the extent permitted by law, Pilkington, its group companies and its employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Pilkington has been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use the Services (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services (iii) unauthorized access to or alteration of your transmissions or Content (iv) statements or conduct of any third party or (v) any other matter relating to the Services.

This does not affect our liability for death or personal injury arising from our negligence, nor any other liability which cannot be excluded or limited under applicable law.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these TC must be filed within one (1) year after such claim or cause of action arose or will lapse.

  1. Jurisdiction and applicable law

The English Courts will have exclusive jurisdiction over any claim arising from, or related to, the use of the Services although Pilkington retains the right to bring proceedings against you for breach of these TC in your country or residence or any other relevant country.

These TC and any dispute or claim arising our of or in connection with them or the Services shall be governed by and construed in accordance with the law of England and Wales.

  1. Copyrights and Copyright Agents

Pilkington respects the intellectual property of others, and we ask you to do the same. If you believe that any of your intellectual property rights have been infringed on the Services, please contact Pilkington Customer Service to report the problem.