Date of Last Revision: 5th May 2017
On occasions, you may be accessing the Application as directed by your employer, client or business partner and not as a consumer (in these instances you are a “a Business User”), and in those circumstances your use of the Application is also subject to the terms of the Software Licence between Pushfor Limited and its Enterprise Licence licensee (“the Pushfor Customer”).By downloading and using the Application, you confirm that you are either a consumer or you are a Business User.
1.2 FOR BUSINESS USERS ONLY:
1.2.1 Pushfor has granted a licence to the Pushfor Customer to use the Service under the terms of the separate Software Licence.
1.2.5 “Licensed User” means the person permitted to use the Application by the Pushfor Customer pursuant to the licence agreement between Pushfor and the Pushfor Customer.
1.2.6 Your access to the Service shall be limited to the Pushfor Customer’s business operations pursuant to the Software Licence.
2. IMPORTANT NOTE ABOUT MOBILE DATA USAGE
2.1 Please note that your use of the Application requires an internet connection. Where you access the Application via a mobile device we recommend you use a Wi-Fi service rather than mobile data connection if you have a limited mobile data package. We are not responsible for the use of your data package and any additional costs you may incur.
3. YOUR USE OF THE APPLICATION AND DETAILS ON SETTING UP AN ACCOUNT
3.1 You may need to set up an account in order to use and access the Application and Service. To set up an account you will need to register using your email address or, alternatively, you may be allocated a username and password by us.
3.2 Your username and password is personal to you and you should not share it or disclose it to any third party without our prior written permission.
3.3 You agree that:
3.3.1 you are solely responsible for maintaining the confidentiality of your account details;
3.3.2 you are solely liable for any use of the Application and Service using your account;
3.3.3 all user information you supply is accurate and truthful about you, and you shall not set up an imposter or fake account for any other person.
3.4 WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR ACCOUNT OR ANY USE OF YOUR ACCOUNT BY ANY THIRD PARTY.
3.5 You shall ensure that any data supplied, input or uploaded by you or on behalf of your business, company, and/or organisation will not be contrary to, or in violation of any applicable law or regulation.
3.6 You shall not store, distribute or transmit any virus, or any material through the Application that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities.
3.8 BUSINESS USERS: Please note that Business Users are required to use their work email addresses and their accounts shall be set out by the Pushfor Customer administrators on your behalf.
4. LICENCE OF THE APPLICATION
4.2 This licence is revocable, non-exclusive, non-transferable and non-sub-licensable.
4.3 The licence is granted to you only in your capacity as a Licensed User. You shall not share the Application with any third party.
4.4 You must regularly back up any data, content or information made available to or via the Service with a separate service or system.
5. ABOUT THE OWNERSHIP OF THE APPLICATION AND ORIGINAL CONTENT.
6. HOW WE USE YOUR UPLOADED CONTENT
6.1 As Licensed User, you may upload multiple file types such as Microsoft Office, Adobe PDF, Adobe Photoshop, Adobe Illustrator, audio content, video content, information and other content to the Service (“Content”).
6.3 We do not review any Content before it is submitted by users.
6.4 Your licence to us (and our group companies) to use your Content:
By uploading your Content through the Application, you grant us (and our group companies) all necessary rights, licenses and permissions to:
6.4.1 use, copy, edit, distribute, store, share and make available your Content on the Service;
6.4.2 allow us to grant other users of the Service, authorised by you, the right to view and share your Content on the Service; and
6.4.3 use your geo-location in order to enable specific tracking and/or security features on the Application.
6.5 The licence you grant to us is:
6.5.1 on a non-exclusive basis, meaning you can use your own Content elsewhere;
6.5.2 royalty free, meaning that we do not pay you for uploading your Content and granting us the rights to use your Content;
6.5.3 is sub-licensable and transferable by us, so that we can grant necessary licences and permissions to enable us to provide the Service and generally exploit the rights you grant us.
6.6 We shall be entitled to remove, restrict or suspend or alter your account for any reason in accordance with the Software Licence.
6.7 BUSINESS USERS: Please note that your use of the Application shall be subject to any additional terms put forward by the Pushfor Customer which govern your employment / relationship with the Pushfor Customer. Such terms apply between you and the Pushfor Customer and shall not bind Pushfor in any way.
7. NECESSARY SYSTEM AND PLATFORM REQUIREMENTS
7.1 Apps made available as part of the Service are developed to work on the version of the operating system and/or device platform available at the time of their release or such other version as may be notified to you when obtaining the apps.
7.3 You may require an internet connection, which you must procure at your own expense, to use some features of the Service.
7.4 By installing or using any apps distributed as part of the Service (“App” below) on iOS you agree that these terms (which we are required by Apple to incorporate) shall apply:
7.4.3 Maintenance and Support: We are solely responsible for providing support and maintenance for the App. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
7.4.4 Product Claims: You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
7.4.5 Intellectual Property Rights: You acknowledge that in the event of a third party claim that the App, or your possession and use of the App infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
7.4.6 Legal Compliance: You represent and warrant that: (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.
8. TERM AND TERMINATION
8.4 Upon termination you shall cease all use of the Service and delete all copies of apps and other materials received by you through the Service. Termination shall not affect any accrued rights or obligations up to the time such termination becomes effective.
9. OUR LIMITATIONS OF LIABILITY
9.1 THE SERVICE IS PROVIDED TO YOU ON AN ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND OTHER THAN THAT IT WILL BE OF SATISFACTORY QUALITY, AS DESCRIBED, AND FIT FOR PURPOSE.
9.2 WE DON’T GUARANTEE THE SERVICE WILL BE (i) FREE OF ERRORS, VIRUSES OR BUGS OR OTHER DEFECTS; OR (ii) THAT THE SERVICE OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SERVICE OR IN THE ACCOMPANYING DOCUMENTATION WILL BE ACCURATE OR COMPLETE, OR (iii) THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED; OR (IV) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED.
9.3 WE SHALL HAVE NO LIABILITY IN RESPECT OF THE CONTENT, TRANSMISSION, RECEIPT, HOSTING, PROCESSING OR OTHER USE OF ANY CONTRIBUTION.
9.4 YOU ACKNOWLEDGE THAT USE OF THE SERVICE OR RELIANCE ON ANY CONTRIBUTION OR INFORMATION OBTAINED THROUGH THE SERVICE, THE RESULTS OF THE SERVICE, OR CONCLUSIONS DRAWN FROM SUCH USE SHALL BE AT YOUR SOLE RISK.
9.6 TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILITY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE SERVICE AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE).
10.1 You may not:
10.1.2 remove, delete, obscure, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices and legends contained on or in the Service or Application; or
10.1.3 remove, disable or circumvent any copy protection software contained on or within the Service or Application.
11. ENTIRE AGREEMENT
12. NO WAIVER
16. GOVERNING LAW AND JURISDICTION
16.1 Subject always to applicable mandatory consumer protections including those of your country:
16.1.2 you agree that in the event that we are unable to settle any dispute with you informally, then any court or arbitration proceedings shall be held in England
Copyright Agent: Amanda Steward
Company name: Pushfor Limited
Company address: 41-47 Hartfield Road, London, England, SW19 3RQ
Company phone number: +44 (0) 208 5401589