Pulse Collaborations Systems Pty Ltd - User Agreement:
In This User Agreement:
- 'Pulse' refers to the business registered in Australia as "Pulse Collaboration Systems Pty Ltd"
- The terms 'Software' and 'Pulse' and 'Pulse Software' and 'System' and 'Service' refers to any form of Software, System or Service supplied by Pulse to the User.
Disclaimer of Warranty on Pulse Software & System:
- 'Term' refers to the date range from which you the user started using the Software, through to when you stop using the Software
- 'User' refers to any Company or Individual who registers to use the Pulse Software on either a paid, free or trial basis.
The Pulse Software is licensed and made available "as is". No warranty, representation, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, quality, durability, performance, noninfringement, merchantability, or fitness for a particular purpose or use of the Software is given or assumed by Pulse , or its agents, and all such warranties, representations, conditions, undertakings and terms are hereby excluded. Your use of the Pulse Software is at your sole risk.
Limitation of Liability:
You agree that Pulse's liability hereunder for direct damages arising out of, under, or in connection with to the use of the Software and the terms of this agreement, regardless of the form of action, whether based in contract, equity, tort, warranty, or other form of action, will not exceed five hundred Australian Dollars ($500.00). Neither party shall under any circumstances be liable to the other party, or any third party, to the extent permitted under applicable law, for consequential, exemplary, punitive, multiple, incidental or special damages, (including without limitation, damages for lost profits, lost savings, business interuption, or loss of business information), even if such party has been apprised of the likelihood of such damages occurring.
Controlling Law and Severability:
This license document is governed by the law in force in Victoria, Australia. Each party submits to the non exclusive jurisdiction of the courts exercising jurisdiction in Victoria, and any court that may hear appeals from any of those courts, for any proceedings in connection with this document, and waives any right it might have to claim that those courts are an inconvenient forum.
- The User is responsible for maintaining the security of your account and password. Pulse cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- The User is responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- The User may not use the Software for any illegal or unauthorized purpose. You must not, in the use of the Software violate any laws in your jurisdiction (including but not limited to copyright laws).
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- The User is solely responsible for properly canceling your account by contacting the Pulse support team on the email: firstname.lastname@example.org
- All User Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- Pulse, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Pulse service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
- Pulse reserves the right to refuse service to anyone for any reason at any time.
- Pulse shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Technical support is only provided to paying account holders and is only available via email unless arranged otherwise.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Pulse, or any other Pulse service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Pulse.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You expressly understand and agree that Pulse 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 Pulse has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Pulse to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service constitutes the entire agreement between you and Pulse and govern your use of the Service, superseding any prior agreements between you and Pulse (including, but not limited to, any prior versions of the Terms of Service).
Acceptance of User Agreement:
- Any User who uses the Software by logging-in to the Software, or by Hosting the Software agrees to be bound by the terms of this User Agreement.
- The Term of this agreement is deemed to be that time from which you have started using the Software until such time that the User stops using the Software and requests for the Software Service to be cancelled - or the Software Service is cancelled at the request of Pulse.
This Agreement constitutes the entire agreement between The User and Pulse with respect to the use of the Pulse Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of Pulse.