Terms of Use

This page (together with the documents referred to on it) tells you the Terms of Use on which you may make use of our website activevoice.pentland.com (Our Site), as a registered member of the Active Voice community. Please read these Terms of Use carefully before you start to use the site. By using Our Site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using Our Site.

Pentland may modify or update these Terms of Use from time to time. If you continue to use this website after any changes, this means you agree to be bound by the modified website Terms of Use.

Information About Us

activevoice.pentland.com is a site operated by Verve Partners Limited and Pentland Brands Limited (“we or “us”). Our company information is set out below

  Verve Partners Limited Pentland Brands Limited
Place of registration England & Wales England & Wales
Company registration number 6663787 09820760
Registered Office The Clove Building, 4 Maguire Street, London SE1 2NQ 8 Manchester Square, London W1U 3PH
Principle place of business UK UK
VAT number 927551508 231045121
Data Controller registration number Z2243429 Z7299961

Accessing Our Site

The material and information on this website is directed solely at and is to be used only by persons who can access it and these Terms of Use and the other documents provided in connection with Our Site are only available in English. The release, publication or distribution of the information contained on Our Site in jurisdictions outside the United Kingdom may be restricted by laws that apply in other jurisdictions.

Access to Our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on Our Site without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of Our Site, or our entire site, for Active Voice members.

As a registered member of Active Voice you will be given a display name (first name_last name). You can change this display name to something else by editing your profile. If you would prefer any comments you provide not to identify you to other Active Voice members, please choose a made up name.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

You agree to accept responsibility for all activities that occur using your account, user identification code or password and acknowledge that we shall not be liable to any person for any loss or damage which may arise as a result of your failure to keep this information secure. Please let us know immediately if you believe that your password, user identification or any other information provided as part of our security procedures has become known to anyone else, or if this information is being, or is likely to be, used in an unauthorised manner.

When using Our Site, you must comply with the provisions of our Acceptable Use Policy.

You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use, and that they comply with them.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in Our Site, and the material published on it. The copyright in all website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other materials on this website belongs to us, our affiliates and our suppliers. 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 Our Site for your personal reference and you may draw the attention of others to material posted on Our 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.

Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.

You must not use any part of the materials on Our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of Our Site in breach of these Terms of Use, your right to use Our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

By submitting your comments, photos, and videos you agree that we are able to use these in company presentations and reports, or in the Active Voice newsletters and on the Active Voice community, though Pentland will not disclose any of your personal contact details in doing so.

All brand names used in Our Site are trade marks or trade names of their respective holders. Your use of any of these names or titles may constitute an infringement of the holders' rights. Nothing in Our Site shall be construed as conferring by implication or otherwise any licence or right to use any of those intellectual property rights displayed or subsisting on or in Our Site other than in accordance with these Terms of Use.

Reliance On Information Posted

Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any member of Our Site, or by anyone who may be informed of any of its contents.

Our Site Changes Regularly

We aim to update Our Site regularly, and may change the content at any time. If the need arises, we may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and we are under no obligation to update such material.

Our Liability

The Internet is by its nature an unreliable medium. Consequently you accept that Our Site is offered on an ‘as is basis’ and ‘as available basis’. Whilst we take all reasonable steps to ensure that Our Site is properly functioning at all times, neither Pentland nor Verve warrant that Our Site will be un-interrupted, timely, secure or error free, that defects will be corrected or that Our Site or the server that makes it available are free of software viruses or bugs, trojan horses, logic bombs, electronic bugs or other material or defects and neither Pentland nor Verve shall be responsible for or liable to you for any loss or damage caused to your computer equipment, programs or data arising as a result of the presence of any viruses, electronic bugs, Trojan horses, logic bombs, electronic bugs or other technologically harmful material that may infect your computer due to the use of Our Site.

The material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, each of us, other members of our respective group of companies and third parties connected to each of us, hereby expressly exclude:

  • 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 any user in connection with Our Site or in connection with the use, inability to use, or results of the use of Our Site, any website 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
    • 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, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

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

Information About You And Your Visits To Our Site

We process information about you in accordance with our Privacy Policy. By using Our Site, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading Material To Our Site

Whenever you make use of a feature that allows you to upload material such as ideas, opinions, suggestions, mini-polls, surveys, videos, pictures or anything else (the “Material”) to Our Site, or to make contact with other members of Active Voice, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any Material you upload to Our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, create derivative works from, distribute and disclose to third parties any such Material for any purpose. By submitting Material to this Website you warrant that you have the right to make it available to Pentland, the Material is not defamatory and the Material does not infringe any law or rights or interests of any third party in any country of the world, and in particular that the Material does not plagiarise or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal publicity or proprietary rights in accordance with our Acceptable Use Policy. We also have the right to disclose your identity to any third party who is claiming that any Material posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any Materials posted by you or any other user of Our Site.

We have the right to remove any Material or posting you make on Our Site if, in our opinion, such Material does not comply with the content standards set out in our Acceptable Use Policy.

You agree to indemnify Pentland against all legal fees, damages and other expenses that may be incurred by Pentland as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above.

Viruses, Hacking And Other Offences

You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server(s) on which Our Site are stored or any server, computer or database connected to Our Site. You must not attack Our 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. 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 Site will cease immediately.

We 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 Our Site or to your downloading of any material posted on it, or on any website linked to it.

General Competition And Prize Draw Terms And Conditions

Please read these General Competition and Prize Draw Terms and Conditions carefully. By entering a Pentland competition or prize draw you agree to be bound by the terms and conditions set out below:

  • Promoter: Pentland Brands Limited
  • The competition / prize draw is open to residents in any country of the world. Employees of the Promoter, its Group companies (as defined by s1159 of the Companies Act 2006) or their families, agencies or anyone else directly connected with the competition are not eligible to enter. No consumer groups or third party applications are acceptable.
  • Winners will be contacted within 28 days of the closing date of the competition, which will be stated in the research activity.
  • If a winner does not respond to Verve within 14 days of being notified, then the winner's prize will be forfeited and Verve shall be entitled to select another winner in accordance with the process described above (and that winner will have to respond to notification of their win within 14 days or else they will also forfeit their prize). If a winner rejects their prize or the entry is invalid or in breach of these Terms and Conditions, the winner's prize will be forfeited and Verve shall be entitled to select another winner.
  • Judges' decision will be final and no correspondence will be entered into.
  • All prizes are non-transferable.
  • The Promoter reserves the right to disqualify incomplete, altered or illegible entries.
  • Entries will become property of the Promoter and will not be returned.
  • Winners may be required to take part in publicity associated with the competition.
  • These Terms and Conditions are governed by English law and the exclusive jurisdiction of the English courts.
  • Individual competition terms set out in conjunction with the details of a competition may also apply.

Links From Our Site

Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction And Applicable Law

These terms and your use of this Website shall be governed by and construed in accordance with English Law.

By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.

Those persons outside England and Wales who choose to use or access this Website from their own jurisdictions do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.

Trade Marks

Speedo, Aqualab, Aquablade, Endurance, Fastskin, Flipturns, LZR Racer, Speedo Sculpture and Speedo Biofuse are registered trademarks of and used under license from Speedo Holdings B.V. The LZR Racer suit has worldwide design rights and patents pending.

and HydroShell are registered trademarks, and Extrem, Hyper 3L and Hyper 100 are unregistered trademarks of Berghaus Limited.

activevoice.pentland.com is a registered domain name of Pentland Brands Limited.

Variations

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on Our Site.

Your Concerns

If you have any concerns about material which appears on Our Site, please contact the Active Voice Panel Manager at claire@pentlandactivevoice.com.