1.1 Welcome to “Pulse Smart Hub” which is provided to you by Euro Payphone Ltd “us”, “we” or “our”). Our registered office is at 59 Royal Lodge Road, Belfast, BT8 7UL and our registered number is NI020783.
1.3 In addition to these Terms, your use of the Service may also be subject to other terms and conditions and policies which are referred to below.
2 ACCEPTANCE OF OUR TERMS
2.1 In order for us to provide the Service to you, you must agree to be bound by these Terms. These Terms govern the provision and use of the Service and will form a legally binding contract between Pulse Smart Hub and you so please do take the time to read these Terms and make sure you understand them.
2.2 By using the Service, you agree to accept and be bound by these Terms. If you do not agree to accept these Terms you must not use the Service.
2.3 We recommend you review these Terms each time you use the Service and print a copy of them for your future reference.
3 PULSE SMART HUB’S RIGHT TO AMEND THESE TERMS
3.1 Pulse Smart Hub reserves the right to change, modify, add to, or delete portions of these Terms at any time including to reflect changes affecting the Service, our technology, our licensing arrangements, our payment methods, relevant laws and/or regulatory requirements.
3.2 If Pulse Smart Hub do change the Terms, we will post the changes on this page and will indicate the effective date at the top. We may also communicate changes to you by email. You are responsible for regularly reviewing these Terms so that you are aware of any changes. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to (or cannot comply with) the Terms as amended, please do not use the Service.
4 USING THE WEBSITE
Access to our website at www.pulsesmarthub.co.uk (the “Website”) is permitted on a temporary basis and we reserve the right to withdraw or amend the Website without notice. You are responsible for making all arrangements necessary to access our Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these Terms.
5 AVAILABILITY OF THE SERVICE
5.1 You acknowledge that we cannot guarantee that the Service will:
(a) stay the same (as we might change the Service or remove it altogether);
(b) be compatible with all or any hardware or software which you may use;
(c) be available all the time or at any specific time;
(d) be accurate and up-to-date; or
(e) be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
5.2 You also acknowledge that:
(a) we cannot guarantee the performance or security of our Website; and
(b) we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website to the fullest extent permissible by law.
5.3 You must not:
(a) interfere with, or disrupt, the Service or any servers or networks connected to the Service, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in a user’s browser or device;
(b) access the Service via a means not authorised in writing in advance by Pulse Smart Hub, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
(c) attempt to restrict another user of the Service from using or enjoying the Service and you must not encourage or facilitate the breach of these Terms by others;
(d) use the Service for any illegal or unauthorised purpose; or
(e) change, modify, adapt or alter the Service or change, modify or alter another website so as to inaccurately imply an association with the Service or with Pulse Smart Hub.
6 YOUR PRIVACY AND COOKIES
7 REGISTRATION, USER ACCOUNT, PASSWORD AND SECURITY
7.1 Registration and use of the Service – By registering and using the Service, you represent that:
(a) you are at least 18 years old; and
(b) you have provided us with accurate and truthful information during the registration process.
7.2 Password Security – In order to use parts of the Service, you will be required to open an account and you will be required to complete the registration process by providing certain information and registering a username and password for your use of the Service. You are responsible for maintaining the confidentiality of the username and password. You agree that we will be entitled to assume that any person logging into the Service or using the Service using your username and password is either you or someone doing so with your permission. You are responsible for any use of the Service under your username and password, including all financial charges and legal liability. We recommend that you change your password from time to time to assist with security.
7.3 Unauthorised Access – If you believe someone has accessed the Service using your username and password without your authorisation, it is your responsibility to set up a new password. You agree to immediately notify us of any unauthorised use of your password or username or any other breach of security.
8 CONTENT AVAILABLE THROUGH THE SERVICE
8.1 Access – Your access to any information, data, images, photographs, videos and other content displayed on the Service (“Content”) is permitted in accordance with, and subject to your compliance with, these Terms.
8.2 Restriction on use – You must not:
(a) use, or cause others to use, any automated system or software to extract Content from the Service except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity; and
(b) use the Content for any illegal or unauthorised purpose.
9 INTELLECTUAL PROPERTY IN OUR WEBSITE AND THE CONTENT
9.1 The design of the Website and all software contained within the Website and the Content are protected by copyright, trade marks, patents and other intellectual property rights and laws. Neither the design of the Website nor the Content may be copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Pulse Smart Hub.
10 LINKING TO OUR WEBSITE
10.1 We will permit you to link to the home page of the Website provided you comply with the following:
(a) you only do so in a way that is fair and legal and does not take advantage of or damage our reputation;
(b) you do not suggest any form of association, approval or endorsement by us unless we have otherwise permitted; and
(c) you do not link to any other page of the Website other than the home page.
10.2 We reserve our right to withdraw our permission to link in section 10.1 at any time without notice.
11 IF YOU BREACH THESE TERMS
11.1 If you are in breach of, or we suspect you are in breach of, these Terms then we may take any/all of the following actions:
(a) issue a warning to you;
(b) effect an immediate, temporary or permanent withdrawal of your access to your account and/or the Service. However you will remain responsible for all outstanding amounts on your account;
(c) take legal action against you; and/or
(d) disclose such information to law enforcement authorities as we reasonably feel is necessary.
11.2 The responses described above at section 11.1 are not limited and we may take any other actions we reasonably deem appropriate.
We have the right to terminate your access to any or all of the Service at any time, without notice, for any reason, including without limitation, breach of these Terms. We may also at any time, at our sole discretion, discontinue the Service or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Service.
13 WARRANTIES, DISCLAIMER AND LIMITATION ON LIABILITY
PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT IMPORTANT INFORMATION CONCERNING OUR LIABYITY TO YOU AND YOUR LIABILTY TO PULSE SMART HUB:
13.1 Pulse Smart Hub warrants that it will provide the Service with reasonable skill and care and substantially as described in these Terms.
13.2 Other than the express warranty in this clause, the Service is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without further warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
13.3 Pulse Smart Hub makes no warranty that the Service will meet your requirements, that Content will be accurate or reliable, that the functionality of the Service will be uninterrupted or error free, that defects will be corrected or that the Service or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Our liability to you
13.4 Pulse Smart Hub will not be liable under these Terms for any loss or damage caused by Pulse Smart Hub or any of its employees or agents in circumstances where:
(a) there has been no breach of a legal duty of care which is owed by Pulse Smart Hub or any of its employees or agents; and/or
(b) the loss or damage is not a reasonably foreseeable result of any breach of these Terms.
13.5 You agree you will have no claim against us, in respect of any decision to remove the Service or any decision to suspend or terminate your access to the Service.
13.6 In the absence of any negligence or other breach of duty by us, the use by you of the Service is entirely at your risk.
13.7 Nothing in these Terms shall affect your statutory rights as a consumer.
Your liability to us
13.8 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these Terms or default in the discharge of your obligations.
13.9 Nothing in this section 13 shall have the effect of excluding or limiting either Pulse Smart Hub’s liability or your liability for fraud or for death or personal injury caused by our/your negligence (as applicable).
14 LINKS TO THIRD PARTY WEBSITES
The Service may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Pulse Smart Hub is not responsible for the content or availability of any such websites. We recommend you review those websites’ terms and conditions and privacy policies to ensure you are happy to use them.
15 TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with your use of the Service, without Pulse Smart Hub’s prior written consent.
15.2 You agree that Pulse Smart Hub may transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with the Service.
15.3 You also agree that Pulse Smart Hub may use third parties and sub-contract our obligations provided that we remain responsible to you for the performance of these Terms.
If any of these Terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding on and enforceable by both of us.
17 THIRD PARTY RIGHTS
A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
18 GOVERNING LAW
These Terms and the use of the Service generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England.