PXC Digital Ltd Terms and Conditions of use and contract

PressCity.com, pressXchange.com and extensopro.com are websites owned and operated by PXC Digital Ltd. PressXchange, PressCity, Extenso and Extensopro are trading names of PXC Digital Ltd., (“the company” “PXC”) Company registered in England Number 09790595, VAT Registration Number: GB 198 9837 17. The same Terms and Conditions apply to all our websites, with additional Terms applicable to users of extensopro.com.

This Site may only be used by persons, companies or organisations that have read and accepted these Terms of Business. Your use of the site, whether or not you have formally notified your acceptance of these Terms, will be deemed to constitute an acceptance of and agreement to be bound by them in their entirety.

PXC Digital Ltd may at any time alter these Terms by posting an amended version on the site. Your subsequent use of the site will be deemed to signify your acceptance of the new Terms.

Choice of law and Jurisdiction

These Terms and Conditions are subject to and shall be construed in accordance with the laws of England. The use of the PXC Digital Ltd sites and any agreement to place advertising on them or to use the company’s services in any other way, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by, and construed in accordance with, the laws of England. Each party and all users of the company’s web sites irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with any agreement with PXC Digital Ltd or the use of its sites or actions by the company.

All users

No liability of PXC Digital Ltd for any loss

Where appropriate, the terms PressXchange, PressCity, Extenso and Extensopro and PXC Digital Ltd include any director, shareholder, officer, employee, agent or contractor of the company. The sites allows users to access information or advertisements placed there by PXC Digital Ltds, advertisers or other Users. Whether or not it has accepted a fee for displaying such information or advertisement, PXC Digital Ltd disclaims any liability or responsibility for the accuracy of the information or advertisement so placed, or for the bona fides, honesty, creditworthiness or conduct of the person, company or organisation that placed it.

PXC Digital Ltd is not acting as agent for any party visiting or registered with the site, placing advertisements or information on it or offering goods or services through it (collectively "Users"). PXC Digital Ltd is not a party to any contract that may be concluded or agreement reached as a result of contacts made through or information displayed on the site, and gives no warranty of any kind to any User. Without prejudice to the generality of the foregoing, it specifically excludes any liability for any User's misrepresentation or, dishonesty, negligence, uncreditworthiness, or lack of authority to deal in, offer, or buy the goods or services in question. PXC Digital Ltd makes no representation as to the existence, ownership, merchantability, availability, age, condition, location, safety or fitness for any purpose of goods offered for sale via the site. PXC Digital Ltd makes no representation as to and will not be responsible for any loss arising from the lack of competence, integrity, solvency, or qualification of any person or company offering or buying goods or services through the site. All Users of the site hereby agree to release PXC Digital Ltd from all liabilities, claims and losses whether actual or consequential, and to indemnify PXC Digital Ltd , its directors, shareholders, officers, employees, agents and contractors against all claims arising as a result of their use of the site or disputes with any other Users.

In no circumstances will PXC Digital Ltd be liable to any User for any loss, actual or consequential, arising as a result of PXC Digital Ltd 's sites failing to operate correctly or being impossible to access, nor for omitting to post material or posting incomplete or inaccurate material on the site, nor for any mistakes in translation or transcription, except to the extent of refunding, at the absolute discretion of PXC Digital Ltd , some or all of the fee charged for posting such information or advertisement.

PXC Digital Ltd may, at its absolute discretion, amend or refuse to accept or display any information or advertisement submitted to it, and may remove or amend such information or advertisement once displayed. PXC Digital Ltd may, at its absolute discretion, discontinue or prevent access to the site by any User. In such event the maximum liability of PXC Digital Ltd will be the refunding of any payment received by it for the access, information or advertisement so refused, amended or removed.

Email Communications

Regular emails about our services, machines listed on our website and information from our advertisers are sent from our site to registered members, who can unsubscribe from receiving them at any time.

User obligation

All Users warrant to PXC Digital Ltd and to other Users of our sites that all the information they provide, including details of their identity, location, assets and status, and in relation to any goods or services they offer will be complete and accurate. All Users offering goods for sale warrant that they possess unencumbered title to the goods or that they have the irrevocable permission of such owners to offer them for sale. 

All Users accept and understand that it is their obligation to satisfy themselves by a process of due diligence of the status and bona fides of any other contracting party, and of the advisability of entering into any negotiations or transactions with them. They acknowledge and accept that PXC Digital Ltd, its officers and Directors will not be responsible for any loss arising from their use of the site, from default of advertisers, for the condition of any equipment they might purchase, for the accuracy of any machine description or for the honesty or competence of anyone offering equipment or services on our sites.

Copyright and Restrictions on Use of Site

The material entered or displayed on this site is copyright and may not be copied or reproduced without the express permission of PXC Digital Ltd . It may only be used by the user to source an item of equipment or service for purchase or possible purchase or in bona fide pursuit of the objectives or purposes of the site. Specifically, but without derogating from the generality of the above, no material or information may be used to assist or promote any individual, publication, web-site or other venture which is designed to be or could be construed as being in competition with PXC Digital Ltd, nor may any information or material on the site be used to solicit or attempt to solicit advertising from any company or entity listed on the site. All Users warrant that they will not, by automatic means, harvest or extract data, text or images from the site (“scraping”).

Cookies and your privacy

"Cookies" are small pieces of information that a website sends to your computer's hard drive while you are viewing a website. PXC Digital Ltd sites use cookies to provide you with a more personal and interactive experience on our sites. You have the ability to accept or decline cookies, but please be aware that for some parts of our sites to work, you will need to accept cookies. For more information please visit www.allaboutcookies.org. Following recent revisions of the Privacy and Electronic Communications (EC Directive) Regulations 2003 relating to the notification and use of cookies we are currently working towards implementing the new requirements in line with guidance provided by The Information Commissioner's Office.

We are committed to processing responsibly the data we hold on you in line with the requirements of GDPR; we hold data on the basis that it is in the legitimate interest of our company to do so. The data are generally minimal and you can see them, edit them or delete all account details by going to “My Profile” under the “My PressXchange” tab or “My PressCity” on presscity.com. From there you can also regulate whether or not you receive marketing emails from us. One reason why we request data from you is so that you can send enquiries to our advertisers without having to re-enter basic information on your company each time you send an enquiry. We also use it to send you marketing emails and general information emails if you have opted to receive them. We will for a limited period after you have sent an enquiry through the site retain a copy of that enquiry. When you send an enquiry to an advertiser through our site your name, company name, company type, email address and country will be included so that he/she can respond appropriately. Our advertisers have been advised of their obligations under GDPR in the retention and processing of that data. For full information and a list of the rare circumstances in which your personal details will be made available to a third party see our Privacy Policy in full. 

You have the right to have your data deleted from our database – “to be forgotten.” To do so visit your account with us and follow the options given, or email us at admin@pressXchange.com

The sites may from time to time contain links to and from partner and/or affiliate websites. If you follow a link to their sites, please note that these sites have their own privacy policy and Terms and Conditions and that PXC Digital Ltd does not accept any responsibility or liability for protection of personal data which you may submit to a third party's site. You are recommended to check the wording of the relevant privacy policies before you submit any personal data to those sites.

Terms of Payment and Refunds

Advertising rates will be maintained during the currency of fixed term contracts; advertising rates on rolling (non-fixed term) contracts may be changed subject to one month's notice. Advertisers on fixed term contracts will be charged for the number of entries for which they have contracted regardless of the number actually listed by the advertiser. 

Where applicable, Value Added Tax will be added to the prices quoted for any advertisement displayed or other service provided by the site. On request, PXC Digital Ltd will advise on any such liability. At present VAT is payable only by UK based advertisers. 

Payment will normally be required at the time an advertisement is placed. If pressXchange.com agrees to credit terms payment must be made in the currency specified within 14 days of the issue of the invoice. If payment is delayed PXC Digital Ltd reserves the right to remove all advertisements from the site pending payment. Refunds will be given at the discretion of the management of PXC Digital Ltd . 

For more information contact john@pressxchange.com

Extensopro.com users additional Terms and Conditions.

Below are the Terms on which Clients of extenso and/or extensopro.com are granted access to these websites (The Services). They are reminded that they are also subject to the obligations imposed on them by PXC Digital Ltd.’s Terms and Conditions displayed on the Presscity.com and Pressxchange.com websites. PXC Digital Ltd may at any time alter these Terms by posting an amended version on the site. Your subsequent use of the site will be deemed to signify your acceptance of the new Terms

1. PXC SERVICES AND SUPPORT

1.1 Subject to the terms of this Agreement, PXC will use commercially reasonable efforts to provide the Client with the Services and will provide the Client with reasonable technical support and service in accordance with PXC's standard practice. The Client will nominate a lead administrator who will be PXC's principal contact and work with PXC to enable the provision of the Services.

2. RESTRICTIONS AND RESPONSIBILITIES

2.1 The Client acknowledges that PXC owns the copyright and intellectual property in the software and Services, and the Client will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (except to the extent expressly permitted by PXC). Nor will it allow any third party to have access to the Services, coding or software to do the same 

2.2 The Client warrants that it will use the Services only in compliance these Terms and Conditions and all applicable laws and regulations - including the General Data Protection Regulation which came into force in May 2018, any subsequent amendments or additions and all other relevant laws relating to privacy, the holding of personal information and the transmission of unsolicited electronic communications via the extenso systems or any other programme or software provided by PXC. The Client hereby agrees to indemnify and hold harmless PXC against any damages, losses, liabilities, settlements and expenses (including without limitation costs and legal fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from [CLIENT]'s use of Services. PXC may prohibit any use of the Services it believes may be in violation of the foregoing. 

2.3 Without limitation to the clause 2.2 above, The Client is aware that GDPR rules regulate the sending of emails, marketing or otherwise, to individuals, and warrants that he will only send marketing emails or other electronic communications via extenso to people who have explicitly consented to receive communications of that type and for that purpose, and he will keep a record of that consent. The consent should be freely given, explicit and unambiguous and the subject should have the means to unsubscribe on every email sent. The Client specifically warrants that he will not use extenso or other PXC services to add personal data or to send “spam” communications to those who have not previously consented – for example he will neither add personal data from purchased or otherwise acquired lists to the extenso system nor send communications to those on such lists. The client is aware that such activity is likely to have a harmful effect on extenso, its users and its owners 

2.4 The Client shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect or use the Services, and the Client shall also be responsible for maintaining the security of the Equipment, passwords and files, and for all uses of The Client account or the Equipment with or without the Client's knowledge or consent.

3. CONFIDENTIALITY; PROPRIETARY RIGHTS

3.1 Each party understands that the other party has disclosed or may disclose business, technical or financial information relating to the other party's business or its customers ("Proprietary Information"). PXC's Proprietary Information includes non-public information regarding features, functionality and performance of the Service. The Client's Proprietary Information includes non-public data provided by the Client to PXC to enable the provision of the Services. The parties agree: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information.

3.2 The Client shall own all rights, title and interest in and to its Data; PXC shall own and retain all right, title and interest in its data and to the Services and Software, all improvements, enhancements or modifications to them, any software, applications or other technology developed in connection with implementation of the Services or support, and all intellectual property rights related to any of the foregoing.

3.3 PXC may collect and analyse data and other information relating to the provision, use and performance of the Services and related systems and may use such information and data to improve and enhance the Services and for other development and other corrective purposes in connection with the Services and other PXC offerings, and disclose such data solely in aggregate or other non-identifiable forms in connection with its business.

4. PAYMENT OF FEES

4.1 The Client will pay PXC the fees agreed for the Services and their implementation in accordance with these Terms and Conditions (the "Fees"). PXC may change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then-current renewal term, upon thirty (30) days prior notice by email to the Client. 

4.2 PXC will issue invoices at the appropriate time and full payment must be received by PXC within thirty (30) days of the invoice date. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. Failure to pay may result in immediate termination of Service. 

5. TERM AND TERMINATION 

5.1 Subject to earlier termination as provided below, the Service Agreement is for the initial service term of one year and shall be automatically renewed for additional periods of the same duration unless either party requests termination at least thirty (30) days prior to the end of the then current term. 

5.2 In addition to any other remedies it may have, either party may also terminate the Agreement upon thirty (30) days' notice (or without notice in the case of non-payment), if the other party materially breaches any of the terms or conditions of the Agreement. The Client will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, PXC will make all the Client Data available to the Client for electronic retrieval for a period of 60 days, but thereafter PXC may delete stored the Client Data. All sections of the Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

6. WARRANTY AND DISCLAIMER

PXC shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by PXC or by third-party providers, or because of equipment or system failures or other causes beyond PXC's reasonable control, but PXC shall use reasonable efforts to provide advance notice by e-mail of any scheduled service disruption. However, PXC does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. The Services and Software are provided "as is" at the date of the Agreement, though we constantly try to improve the range and quality of the Services and software at our own discretion. Except as set forth here, PXC expressly disclaims any implied or express warranties including warranties as to merchantability or fitness for a particular purpose.

7. LIMITATION OF LIABILITY

The Client agrees that PXC, its Directors, employees and sub-contractors will not be liable for any loss incurred by the Client caused through any act or omission by PXC. This includes but is not limited to any error or negligence which may lead to financial loss, interruption of service, corruption or loss of data. The Client agrees that PXC shall not be liable for any direct, exemplary or consequential damages. PXC may at its sole discretion refund to the Client an amount not greater than the fees paid to it by the Client for the Services in the previous 12-month period.

8. MISCELLANEOUS

If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The Agreement is not assignable, transferable or sub-licensable by the Client except with PXC's prior written consent. PXC may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and the Client does not have any authority of any kind to bind PXC in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and legal fees. All notices under this Agreement will be electronically transmitted by e-mail and will be deemed to have been received the day after which it is sent.

Choice of law and Jurisdiction

These additional Terms and Conditions are subject to and shall be construed in accordance with the laws of England. The use of the extensopro.com and other PXC Digital Ltd sites and of its software and any agreement to place advertising on them or to use the company’s services in any other way, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by, and construed in accordance with, the laws of England. Each party and all users of the company’s web sites irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with any agreement with PXC Digital Ltd or the use of its sites or actions by the company.

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