Supplier Terms & Conditions

The following Terms and Conditions apply to this site:

1. Throughout these Terms and Conditions as a user or prospective user of the Site or the Services (as defined below) you are referred to as “You” or are described as “A User” or “The User”.
2. By accessing or using the Site you the User are consenting to and accept without limitation or qualification that you will be bound by these Terms and Conditions.
3. PCG means Public Consulting Group UK Limited whose main place of business is at 1 Smithy Court, Pemberton, Wigan, WN3 6PS and whose registered office is 5 Market Yard Mews 194-204 Bermondsey Street London SE1 3TQ.
4. The User means an individual (whether in his or her personal capacity or as the representative of a corporate body (whether incorporated with limited or unlimited liability) or on behalf of a partnership or limited liability partnership or on behalf of a public body of any type) who enters the Site and/or accesses and/or uses any Data or Services available on the Site.
5. The Site means the web-site (or URL) accessed via the addresses: 
www.shop4support.com / www.connecttosupport.org / www.connecttosupporthillingdon.org / www.westsussexconnecttosupport.org / www.careadvicebuckinghamshire / www.rotherhamsendlocaloffer.org / www.mylocaloffer.org / www.northlincslocaloffer.com / www.connectsupport.hants.gov.uk / www.shop.buckscc.gov.uk / www.shortbreaks4me.co.uk / www.helptowork.co.uk
6. Data means all or any information which is contained in or represented by or referred to in, but not exhaustively, text, calculations, spreadsheets, drawings, sketches, plans or by any other means and which is input to any of the Services by any party or which otherwise appears in the Site.
7. Services means the online software facilities, tools and services provided by PCG on the Site to enable Users to undertake the various activities offered within the Site, including but not exclusively information search, entry, storage, exchange and retrieval; online shopping and the associated transaction processes;: budget management and payment services (including the Virtual Wallet™ service).

Introduction

PCG operates the Site referred to above to provide the Services. For the avoidance of doubt, PCG is not a party to any transaction via the Site, which is a contract between the purchaser and seller. Access to the Site is provided to and use is permitted by the User on a temporary basis. Access to some parts of the Site, or the entire Site, may be denied or restricted from time to time. PCG is entitled to withdraw or amend the Services provided on the Site without notice. Whilst PCG will use reasonable endeavours to provide uninterrupted availability PCG will not be liable to you as a User if the Site, or any part of it, is unavailable at any time or for any period.

Your Account

Following registration You will be provided with a username and password. You are responsible for maintaining the confidentiality of your account and it is strongly recommended that you change your password on receipt and make every effort to keep your password safe. You should not disclose, transfer or sell your username to any other person. If You have reason to believe that unauthorised disclosure of your password has occurred, You should change your password immediately and contact info@publicconsultinggroup.co.uk

PCG reserves the right at any time and at its absolute discretion:

• to access the Site and the Services and to access User Data contained by or represented on the Site by means of the username and password of a User in order to provide help and assistance to any User or to remove any harmful, illegal, obscene or otherwise offensive (or in PCG unfettered discretion potentially harmful, illegal, obscene or otherwise offensive) Data from the Site;
• to advise You or any other User that PCG believes an order to which that User may be subject has been placed, procured or arranged in circumstances or by means which are unlawful, misleading, unfair or otherwise in breach of these Terms and Conditions;
• to shut down the Site and/or any of the Services upon giving such notice to You or other Users as is possible in the circumstances at PCG absolute discretion for the purposes of review, maintenance, repair, upgrade, replacement or substitution of the Site or of the Services. Without limiting other remedies, PCG may immediately issue a warning, suspend or terminate your account or refuse to provide the Services to You:
  • if it is suspected that You (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Services;
  • if You breach these Terms and Conditions;
  • if PCG is unable to verify or authenticate any information You provide;
  • if PCG believes that your actions may cause legal liability to You, other Users or PCG;
  • if You are found to be insolvent or bankrupt;
  • if You approach other Users of the Site and encourage them to transact directly with You;
  • if a Local Authority associated with the Site requests us to do so.

You agree not to knowingly:

• Use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site;
• post or transmit to the Site any unlawful, fraudulent, harassing, libellous or obscene information of any kind;
• post or transmit to the Site any information that contains a virus , bug or other harmful item;
• publish, perform, distribute, prepare derivative works, copy, reverse engineer or use the content of the Site or Services or otherwise in any manner whatsoever exploit or seek to exploit the Site or any content appearing on it for your own commercial purposes (other than as expressly permitted herein);
• post or transmit to the Site any information in violation of another party’s copyright or intellectual property rights;
• take any action which imposes an unreasonable or disproportionately large load on the Site’s technical infrastructure;
• redeliver any of the content of the Site using “framing”, hyperlinks or other technology without PCG express written permission;
• use any device or technology to provide repeated automated access to password protected portions of the Site or Services;
• manipulate or attempt to manipulate the price of any product or service or interfere with other Users transactions.

Fees

There are no setup or subscription fees for a listing or for a standard store on the Site.

PCG may levy a Transaction Fee which is payable by the provider in respect of transactions processed through the Site, as follows:

• No transaction fee will be charged for purchases where the relevant local authority (or funding body) has contractual arrangements in place with PCG to provide the Site without transaction fees to providers. These local authorities (and funding bodies) currently are: Bradford, Barking & Dagenham, Buckinghamshire, Calderdale, East Riding, Doncaster, Hillingdon, Hull, Kennedy Scott, Kirklees, Manchester, North Lincolnshire, Wakefield, West Sussex and York.
• For all other areas, a fee of 2.5% of the invoice value, with such fees in respect of any individual package of care subject to a cap of £300.00 in the first 12 month period and £200.00 per annum thereafter. This is reduced to 1.25% of the invoice value where the purchase is made by a local authority (and with such fees in respect of any individual package of care being subject to a cap of £150.00 in the first 12 month period and £100.00 per annum thereafter).

Fees will become payable upon a User confirming payment of the invoice on the Site, and will be subject to VAT at the applicable rate. Invoices will be raised by PCG on a monthly basis wherever an amount of more than £2.50 is due, and will be settled by Direct Debit unless agreed otherwise. Transaction Fees will be waived where payment of invoices raised via the Site occurs more than 6 months after the date the invoice was raised.

Purchase Terms

PCG is not a party to any transaction via the Site, which is a contract between the purchaser and the seller (You).

You are responsible for agreeing any terms of sale with the purchaser, for ensuring that the purchaser has sufficient funds to complete the transaction, for delivering any goods or services that have been ordered, and for obtaining payment from the purchaser.

Where the purchaser is utilising the Virtual Wallet™ solution via the Site, payment will be made automatically to You by PCG (on behalf of the purchaser) based upon the specific terms agreed with You, so long as a valid purchase order has been raised via the Site. For the avoidance of doubt, PCG will not process any payments to You or any other seller without a valid purchase order having been raised via the Site.

Security

PCG uses industry standard practices, including encryption, “firewalls” and Secure Socket Layers, to safeguard the confidentiality of your data and protect against unauthorised access by users both inside and outside PCG and other companies that assist it in the provision of the Site, its content or the services. However, as with any Internet product, PCG cannot guarantee or warrant that the transmission of data is 100% secure.

Maintenance of Data

You will be solely responsible for ensuring that your User Data (including all details and material within your store on the Site and all associated products/services offered through the Site) is up-to-date. You will indemnify PCG in respect of any liability it may incur as a result of such content appearing on the Site.

By maintaining your User account, you are confirming that you have complied with all relevant legislation and regulations, including requirements to maintain appropriate insurances.

Each Local Authority associated with the Site may require additional information to be provided by You in order for your store to be included within their local pages. Inclusion or otherwise is at the sole discretion of the relevant Local Authority.

Ownership of Data

Ownership of your User Data shall vest in and shall remain vested in You but You hereby grant a non-exclusive, irrevocable license to PCG to use this Data for the purpose of service provision under these Terms and Conditions and for any purpose necessarily or reasonably connected with the Services including the right for PCG to use and disclose User Data to any company or business that may assist it in the provision of the Site, its content or the Services. This includes provision of User Data to local authorities (or other funding bodies) associated with the Site where that organisation is providing funding to the User.

On termination of use of the Services or at any time on request by You, all User Data will be made available to You. PCG shall be permitted to retain such copies of all User Data as are reasonably necessary in order to continue to comply with its obligations under these Terms and Conditions, for purposes of record keeping or as required by law.

Ownership of Data generated by PCG shall vest in and shall remain vested in PCG and PCG hereby grants a non-exclusive, irrevocable license to You to use PCG Data for the purpose, but not further or otherwise, of carrying out and completing projects to which such PCG Data relates. You shall be permitted to retain copies of such PCG Data for such period of time and to use such PCG Data for such purpose as enables You to comply with your obligations whether under these Terms and Conditions or as otherwise required by law.

Any material You post or upload to the Site will be considered non confidential and non proprietary. PCG shall have the right to use, copy, distribute and disclose solely to:

• any company or business that may assist PCG in the provision of the Site, its content or the Services;
• any local authority (or funding body) associated with the Site; or
• any body as required by law

such material for any purpose (including without limitation disclosure of your identity if any material posted or uploaded constitutes or may constitute a breach, infringement or other violation of a person's intellectual property right, or of their right to privacy).

Information Control

Commentary and other material posted on the Site is not intended and shall not constitute advice on which reliance should or may be placed. Both PCG and any local authority (or funding body) associated with the Site disclaim all responsibility and liability arising from any reliance placed on any material by any User or other visitor to the Site. PCG is not responsible for any information provided by other Users which is made available through the Site. You may find other User’s information to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense and practice safe trading when using the Site.

Nothing in this Agreement shall impose any liability whatsoever upon PCG to check and/or to verify User Data or, without prejudice to the generality of this provision, in relation to inaccuracies, errors, duplications, omissions in or from User Data or any discrepancies whether within or between different items of User Data.

Limited Liability

Under no circumstances will PCG be liable or responsible for any indirect, incidental, consequential (including, without prejudice to the generality of this provision, damages for loss of business, lost profits, litigation, or the like), special, exemplary, punitive or other damages, arising under, out of or in connection with these Terms and Conditions, whether by reason of breach of any provision of these Terms and Conditions, PCG negligence or otherwise however or whenever occurring and notwithstanding any representation made by You or any other User to PCG as to the likelihood of such loss or damage prior to entering into these Terms and Conditions. PCG assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of:

• your access to or use of the Site or Services;
• your downloading of any materials, data, text or images from the Site;
• Viruses, Trojans, Bots, Dialers, logic bombs,Popups or other malicious code which may enter the Site otherwise than by Users;
• impairment in the performance of any system, hardware component, peripheral and/or software belonging to or used by You or any other User and caused by or resulting from actual or perceived incompatibility between any such item and the Site;
• corruption, irrecoverability or loss of Data resulting from any of the above, save where caused by the negligence omission or other default of PCG under the Terms and Conditions;
• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
• any liability for any direct, indirect or consequential loss or damage incurred by You or any other User in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect the liability of PCG for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

The material displayed on the Site is provided without any guarantees, conditions, or warranties as to its accuracy. Any of that material may be out of date at any given time and neither PCG nor any local authority (or funding body) associated with the Site shall have any obligation to update that material. You shall be solely responsible for all and any loss or damage whatsoever suffered or incurred by You or any third party to whom You may provide services based on, or connected with or by reason of the operation of Site or of any of the facilities provided on or through Site and which is caused by and/or results from and/or arises out of (whether in whole or in part) the quality and/or safety and/or legality of any products or services supplied or provided by You as User, the truth and/or accuracy of information provided by You and/or any failure by You and/or any supplier on behalf of You to comply with any agreed supply or delivery dates. You shall indemnify and shall hold PCG harmless from all and any loss, damage, liabilities, costs, fees, expenses, penalties, claims and or demands suffered or incurred (as the case may be) by PCG however and whenever caused by or arising as the result of or in connection with any of the matters covered by this clause.

Viruses, Hacking and other offences

• You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site 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. PCG will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
• PCG will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

Limited Warranty

Whilst PCG uses reasonable efforts to include accurate and up to date information within the Site, PCG assumes no liability or responsibility for any errors or omissions in content of the Site.

PCG does not guarantee continuous, uninterrupted or secure access to the Site and access to the Site may be interfered with by a number of factors outside of its control. Whilst PCG aims to provide a full uninterrupted service, “as is” and “as and when” available, and to the extent permissible by law it excludes all implied warranties, conditions or other terms as to skill and care or timeliness of performance.

Intellectual Property Rights

• PCG is the owner or the licensee of all intellectual property rights on the Site, 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 may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organization to material posted on the Site.
• You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
• PCG status (and that of any identified contributors) as the author of material on the Site must always be acknowledged.
• You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from PCG or our licensors.
• If You print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and You must, at the option of PCG, return or destroy any copies of the materials You have made.

Copyright Notice

You should assume that everything You see or read on the Site or within the Services is subject to copyright unless otherwise noted and may not be used without the written permission of PCG except as provided in these Terms and Conditions or in the text displayed within the Site.

Trademark Notice

PCG trademarks service marks and logos which include: any which PCG may hold from time to time (Trademarks) are registered and unregistered Trademarks of PCG. Unless otherwise noted, all other Trademarks displayed within the Site are the trademarks, service marks or logos of their respective owners.

Termination

Any User (including any User who has access to the Site with a view to supplying goods or services) may terminate its account for the use of the Site at any time on 30 days notice in writing. PCG may terminate any User’s account for the Use of the Site at any time on 30 days notice (except where termination is because the User is failing or has failed to act in accordance with one or more of the requirements set out in these Terms and Conditions in which case termination may be effected by PCG immediately).

Where termination occurs as the result of a User notice or PCG notice (and where the ground for termination is not default by the User in relation to these Terms and Conditions or otherwise, and where such grounds for termination do not exist) then the following consequences shall occur:

• The User shall within 30 days of the date of the termination notice pay to PCG all monies outstanding and due to PCG from the User in relation to the use by the User of the Site prior to termination (which sum shall, to avoid doubt, be a debt and shall be enforceable as such); and
• upon receipt of such payment (and as soon as reasonably practicable if no such payment is due) PCG shall return to the User (via a medium to be agreed at the time between PCG and the User) copies of all or any User Data held by PCG, or otherwise; and
• the User’s rights of access to the Site shall forthwith cease and the username and password shall be invalidated by PCG.

Where termination occurs as the result of a PCG notice and where the ground for that termination is User default in relation to these Terms and Conditions or otherwise (or where the grounds for such termination exist), the following consequences shall occur:

• The User’s rights of access to the Site shall forthwith cease and the username and password shall be invalidated by PCG; and
• the User shall within 30 days of the date of the termination notice pay to PCG all monies outstanding and due to PCG from the User in relation to the use by the User of the Site prior to termination (which sum shall, to avoid doubt, be a debt and shall be enforceable as such); and
• in the event that PCG shall consider that it has suffered or may suffer any loss or damage (or other detriment whatsoever) as the result of the action, omission or default of the User which gave rise to the termination notice) PCG shall be entitled to retain all or any User Data held in the site and not deliver it up to the User. PCG shall only be required to deliver any such Data to the User either when such loss or damage has crystallised and adequate compensation has been paid to PCG by the User whether as the result of proceedings in the courts or otherwise, or when prior to such crystallisation a binding compromise has been reached between PCG and the User in relation to the subject matter of the loss or damage which resulted from the action, omission or default of the User giving rise to termination.

Concerns

If You have any concerns about material which may appear on the Site, for example where you believe it is or may be misleading or defamatory, You should address your concerns for the attention of the managing director at info@publicconsultinggroup.co.uk immediately. Delay in making contact may serve to increase or aggravate any problem (whether giving rise to a claim in law or not) and therefore, You must make contact as soon as possible where a concern arises. When making contact please provide as much detail about your concern as possible and ensure you provide your name, address, your e-mail address and telephone number so that PCG is able to contact you. PCG will consider your concerns carefully and will use reasonable endeavours to remove the offending material as soon as possible if your concern is justified.

Severability

If any provision or clause in these Terms and Conditions shall be declared invalid, unenforceable or illegal by the courts of any jurisdiction to which it is subject, such provision may be severed and such invalidity, unenforceability or illegality shall not prejudice or affect the validity, enforceability and legality of the remaining provisions or clauses in these Terms and Conditions.

Waiver

Any relaxation, forbearance, indulgence or delay (together “indulgence”) by PCG in exercising any right conferred on it by these Terms and Conditions shall not be construed as a waiver of such right and shall not affect its ability subsequently to exercise that right or to pursue any remedy, nor shall any indulgence constitute a waiver of any other right.

Applicable Law

To the extent possible under applicable law, this Agreement shall be governed by the laws of England and shall be subject to the non-exclusive jurisdiction of the English courts.

Notices

Unless otherwise stated notices to PCG should be sent to: Public Consulting Group UK Limited, 1 Smithy Court, Pemberton, Wigan, WN3 6PS.

Revisions and Variations

PCG may at any time revise these Terms and Conditions by updating the Terms and Conditions stored on the Site. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions.