November 10, 2015

Terms and Conditions / Privacy Policy

USER AGREEMENT

The Pulseraiser mobile phone application (“the App”) and www.pulseraiser.com (“the Website”) together comprise the Pulseraiser services (“the Services”). The Services allow for the delivery of software, text, graphics, images, video, audio, data and other material (collectively referred to as the “Content”). By visiting and/or using the Services and accessing the Content you agree to be bound by this user agreement and the terms of our Privacy Policy (“agreement”).

This agreement is formed between anyone who visits and/or accesses the Services (“you” and “your”) and London Agency Pty. Ltd. (ABN: 73145352147) and each of its subsidiaries, affiliates, associated companies and related entities, (“we”, “us” and “our”).

By accessing and/or using the Services & Content you agree to the terms of use; If you do not agree to any provisions of this agreement, you must not visit, access or utilise the Services & Content.

We reserve the right to make changes to this agreement from time to time at our sole discretion. These may take effect immediately. By continuing to use the Services & Content following the making of those changes, you agree to be bound by the changes. You should check our agreement and policies from time to time, especially when ordering goods or services, to acquaint yourself with the current versions of those documents.

REGISTRATION

In order to utilise and access some features of the Services & Content, including fundraising via the Services & Content, you may need to be a registered member.

You may not use another member’s account.

When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information up-to-date

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.

LEGAL CAPACITY

By registering to become a member and activating an account you accept these terms and conditions and acknowledge that you:

  • if you are a company, you are authorised to bind the company to the terms of this agreement; and
  • are over 18 years of age, and
  • are entering into a legal contract with us.

TERMINATION

We reserve the right to change (including to alter, remove or add functionality) the Services & Content at any time. We do not guarantee that you will be able to access the Services & Content in the same way or with the same equipment or software you used prior to the change. We may stop (temporarily or permanently) providing access to the Services & Content to you or to visitors or members generally, at our reasonable discretion and without prior notice to you. We may terminate your account or restrict your access to the Services & Content without prior notice to you if we reasonably consider that there has been a breach of this agreement or any other of our terms and conditions by you.

DISCLAIMER

We will provide services with due care and skill but except to the extent required by law we do not warrant that the Services & Content will be provided without fault or disruption. To the extent permitted at law and except as expressed to the contrary in this agreement, we and our affiliates exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Services including, but not limited to, loss or damage you might suffer as a result of:

  • errors, mistakes or inaccuracies within the Services & Content;
  • you acting, or failing to act, on any information contained on or referred to on the Services & Content and/or any linked Services;
  • personal injury or property damage of any nature resulting from your access to, and use of, the Services & Content
  • any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
  • any interruption or cessation of transmission to or from our Services;
  • any bugs, viruses, Trojans or other harmful code or communications which may be transmitted to or through our Services & Content by any third party;
  • failures or deficiencies in relation to the merchantability or fitness for any purpose of any product or service appearing on any linked sites not operated by us or our related entities; and/or
  • failure or deficiencies in relation to any third party wearable devices and fitness trackers (including smartphones) which you choose to connect with our platform.

You agree that you use the Services & Content at your own risk.

Except if and to the extent only required by law or as otherwise set out in this agreement, we do not warrant, endorse, guarantee or assume responsibility for any information, product or service advertised or offered by a third party either through the Services & Content or via their linked services. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.

We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses.

Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.

USE OF SERVICES & CONTENT

You agree to use the Services & Content only for purposes that are permitted by this agreement and not prevented by any applicable law or regulation.

You agree not to access (or attempt to access) any part of the Services by any means other than through the interface provided by us.

You agree that you will not engage in any activity that interferes with or disrupts the Services & Content or the servers and networks that host the Services & Content.

You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Services & Content or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Services & Content.

The Services & Content are for personal use only and may not be used in connection with any commercial endeavours except those that are specifically approved by us. Administration of the Services is provided via companies and workplaces that have formed a contract with us. Use of the Services & Content by companies and workplaces that have not formed a contract with us may constitute a breach of copyright, trademark and other laws.

The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our partners, sponsors, or affiliates. The Content is protected by copyright under both Australian and foreign laws. Unauthorised use of the Content may violate copyright, trademark, and other laws.

You agree not to use, copy, distribute or commercialise the Content appearing on the Services except as permitted by this agreement, by law, with our prior written consent or to utilise features of the Services that, by their nature, involve publishing or sharing of Content with the public.

Various company, product, and service names displayed on the Services & Content may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Your use of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on the Services & Content. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.

The Services & Content may include access to links to, and content and data from, third-party websites (“External Services”). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Services. The content of such External Services is developed and provided by others. In addition, the Services & Content permit access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.

The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Services & Content, which in our sole judgment, degrades the reliability, speed, or operation of the Services & Content or any underlying hardware or software thereof, (iii) use of web scraping, web harvesting, or web data extraction methods from Pulseraiser even if the Pulseraiser account owner gives permission; and (iv) any use of the Services & Content which is unlawful or in violation of these Terms of Use.

If you violate any part of these Terms of Use, your permission to access and/or use the Services & Content automatically terminates and you must immediately destroy any copies you have made of the Content. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Your use of the Services & Content is subject, at our sole discretion, to termination at any time.

LINKS TO THIRD PARTY SERVICES AND PROMOTIONS

The Services & Content may include links to other services, content or resources (including but not limited to running clubs and charities). These linked services, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked services, content or resource. You acknowledge that we do not represent that we have reviewed any of these third party services, content or resources and we are not responsible for the material contained there.

INTEGRATION WITH THIRD PARTY DEVICES

By choosing to synchronise any third party fitness trackers including smartphones with our platform or otherwise using such devices in conjunction with our products or Services & Content, you acknowledge that these devices are designed and programmed by third parties. We make no warranties or representations regarding the functionality of these devices and their compatibility with the Services & Content and any associated applications. We are in no way responsible for their fitness for purpose, accuracy, reliability or otherwise. We accept no responsibility for any loss you suffer in connection with using such devices. Your use of these devices is subject to the terms of our Privacy Policy.

INTELLECTUAL PROPERTY

We reserve all intellectual property rights, including without limitation the Services & Content and specifications or methods used to design, create or otherwise develop the Services & Content but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.

Other trade marks used on the Services & Content that belong to third parties are used with permission and remain the intellectual property of the third party.

You may not modify or copy the layout or appearance of the Services & Content nor any computer software or code contained in the Services & Content. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services.

If you correspond or otherwise communicate with us in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the Services, then you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Services and developing your ideas and suggestions for improved products or services we provide.

TRANSFER AND ASSIGNMENT

In the event that we merge, sell or otherwise change control of our business or this Services & Content to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer, novate or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

NO MEDICAL ADVICE

London Agency Pty. Ltd. provides the Services & Content for you to track, manage, and share your running activities to raise funds from a set pool of funds from your employer and provide those to a chosen charity. The Services & Content do not contain or constitute, and should not be interpreted as, medical advice or opinion. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. Your use of the Services & Content does not create a doctor-patient relationship between you and London Agency.

FORCE MAJEURE

We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.

LAW

This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

If any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this agreement so that this agreement shall remain in full force and effect.

The Services & Content are administered and operated from Australia. Although the Services & Content may be accessible worldwide, not all features, products and services noted, provided or offered through or on the Services & Content may be available to all persons or in all geographic locations, or may be appropriate or available for use outside of Australia and we reserve the right to limit the provision and/or quantity of any feature, product or service to any person or geographic area accordingly.

Any offer for any features, products or services made on the Services & Content are void where prohibited.

If you access these Services & Content from outside of Australia, you are solely responsible for complying with applicable local laws.

WAIVER

If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.

THIRD PARTY DEVICES

iPhone trademark used with permission. iPhone is a trademark and service mark of Apple, Inc., registered in the U.S. and other countries. Pulseraiser is designed for use with the iPhone platform. Pulseraiser is not put out by Apple, and Apple does not service or warrant the functionality of this product.

INDEMNITY

You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Services & Content. This point specifically includes but is not limited to personal injury arising from physical activity associated with the Services & Content (either correctly or incorrectly followed). We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.