Terms & Policies

PULSE MARKETPLACE LIMITED TERMS AND CONDITIONS OF SALE

1. Interpretation

In these terms and conditions: 

“Agreement” means these Conditions together with the Order Summary and the Customer’s Order;

“Business Hours” means 0830 – 1700 (Irish Standard Time) Monday to Friday excluding public holidays in Ireland;

"Conditions" means these terms and conditions of sale;
“the Customer” and “you” means the purchaser of Products;
"Order" means the Customer's order for the Product(s);

“Order Summary” means the email or other written notification from Pulse to the Customer which confirms the Price and other important details of the Customer’s Order;

“Platform” means Pulse Market, a cloud-based procurement platform connecting buyers and sellers, as more fully described on the Website;

"Price" means the price of the Product(s);

“Products” means the products which can be viewed on the Website;

“Pulse” and “we”, “our” and “us” means Pulse Marketplace Limited, a company incorporated in The Republic of Ireland (Company Number 687522) and with its registered office at 9 Exchange Place, I.F.S.C., Dublin 1, D01 X8H2, Ireland;

“Subscription Term” means the period for which the Customer has a valid account registration with Pulse;

“the Website” means the website of Pulse Marketplace Limited operating under the domain https://pulsemarket.com/.

2. Acceptable Use

2.1 You may only use this Website in accordance with these Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the jurisdiction from which you are accessing this Website.
2.2 These Conditions apply to the exclusion of any other or inconsistent or implied terms, conditions, or warranties unless we agree otherwise in writing.

3. Basis of Ordering

3.1 Before you can purchase any Products, you must register and open an account with Pulse through this Website. Once your registration has been confirmed, you will be able to purchase Products.
3.2 In order to register, you will be asked to provide your email address and a password. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Pulse for accessing the Website and the Platform. You are solely and fully responsible for all activities that occur under your password or account. Pulse has no control over the use of any Customer’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, or you suspect any other breach of security, you must contact Pulse immediately.

4. Provision of Services

Pulse will use all reasonable endeavours to provide the services as described on the Website. However, we may have to suspend the services if we have to deal with technical problems, or to make improvements to the services. We will contact you to let you know in advance where this occurs unless the problem is urgent or an emergency.

5. Liability

5.1 Pulse will use all reasonable commercial endeavours to protect the security and safety of all Customer data and any other confidential information stored on the Platform, including the implementation and maintenance of reasonably adequate and current data protection and virus screening procedures and technologies.

5.2 However the Customer acknowledges that regardless of the security precautions taken, no physical, internet or other electronic transmission or storage of data can be fully secure or error free. Pulse does not accept any liabilities and will not be liable to the Customer or any affected third parties for any losses suffered by them because of or arising from viruses, hacking or similar attacks or breach of security of the Website or Platform which are beyond the reasonable control of Pulse.

5.3 Notwithstanding any other provision in this agreement, Pulse’s liability to the Customer for death or injury resulting from its own negligence or that of his employees, agents or sub-contractors shall not be limited.

5.4 Pulse shall not be liable to the Customer for any indirect or consequential loss the Customer may suffer, even if the loss is reasonably foreseeable or Pulse has been advised of the possibility of the Customer incurring it.

5.5 The limitations and exclusions of liability set out in this clause 7 and elsewhere in the Conditions apply to all liabilities arising under the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

6. Events out of our control

6.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

6.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government, any shipping, postal or other relevant transport strike, failure or accidents.

6.3 Our performance under the Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.

7. Waiver

7.1 If we fail, at any time during the term of the Agreement, to insist upon strict performance of any of your obligations under the Agreement or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

7.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

7.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing,

8. Assignment

We shall be entitled to subcontract, assign, or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Customer may not assign or transfer any of your rights or obligations without our written consent.

9. Severance

9.1 If any provision of these Conditions or any part thereof is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

9.2 These Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

9.3 Both you and us acknowledge that, in entering into this Agreement, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Agreement except as expressly stated in these Conditions.

9.4 Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of this Agreement (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.

10. Data Protection

10.1 Pulse will comply with all applicable data protection legislation in respect of any personal data which you provide when contacting us or which we collect as part of the registration and/or ordering process.

10.2 The information and data collected shall only be used by us for the purposes of processing your order and marketing our Products to you.

10.3 You acknowledge and agree to be bound by the terms of our Privacy Policy.

10.4 Pulse is not responsible for and can accept liability for the security of your personal data when it ceases to be under our control, such as when you provide personal data to our third-party payment processing service provider as part of the purchasing process. The current privacy policy of our third-party payment processing service provider can be found at https://stripe.com/gb/privacy.

11. Variations

We have the right to revise and amend these Conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

12. Contact Details

In the event of any query regarding these Conditions, Website, Platform or Products, Pulse can be contacted during Business Hours as follows:

Email: info@pulsemarket.com


13. Governing Law and Jurisdiction

These Conditions shall be governed and construed in accordance with the law of the Republic of Ireland and the parties hereby submit to the non-exclusive jurisdiction of the courts of the Irish courts.


FEES AND PAYMENTS

During any year, the Supplier may notify the Client of a change to the Licence fee and/or change to the Platform functionality to take effect from the start of the following year. The Supplier will provide a minimum of three months notice of the change. If the Client does not wish to continue with the Service for the following year, notice of termination must be given to the Supplier in terms of clause 15.2.

From time to time the Supplier may offer the Client an optional ‘premium’ service, in which case full details will be provided to the Client, including any changes to the Licence Fee payable.  If the Client accepts the premium service offer, any revised Licence Fee will apply from the date of commencement of the premium service.

The Initial Term is a ‘trial period’, for which no fee is payable. Thereafter, payment for the licence to use the Service will be by monthly subscription.

All fees and charges payable by non-Irish Clients are exclusive of VAT. VAT at the then applicable rate will be added to all fees and charges for Irish clients.

Payment of the Licence Fee is to be made in advance and or by variable direct debit.

All fees and charges are in Sterling and payments must be made in Sterling unless expressly agreed otherwise.


PRIVACY POLICY
Effective date: 12th April 2021
Pulse Marketplace Ltd t/a Pulse Market takes your data privacy seriously. Our aim is to deliver a platform providing a Procurement Marketplace for businesses. In order to provide you with our services we collect and use personal data which means that we are a ‘Data Controller’ and we are responsible for and committed to protecting your privacy and complying with General Data Protection Regulations (GDPR), Data Protection Act 2018 and any subsequent laws or regulations applicable. 

In this Privacy Notice, we want to inform you what information we collect, how we use t and what rights individuals have in relation to the collection and processing of their personal data.

Our Contact Details:
Pulse Market
Dublin / Edinburgh
Email: clientservices@pulsemarket.com
Tel : +353 87 689-1086

If you have any questions in respect of this Privacy Notice or how we manage your personal data, please contact us using the details above.
Who’s Personal data do we collect and process?

We process information about our clients, investors, vendors, employees or leads and individuals making an enquiry about our platform or services.

What personal data we collect and process

We collect the following types of data:

General contact details such as, Name, Address, email address, Telephone number,
Business activities and goods offered by vendors, Details of Goods purchased and Services provided to you, Website Registration and Log on details, General Communications between us and you, Financial Details – such as credit history or payment or bank details, Information obtained through our use of cookies (please see our cookie policy) Your marketing preferences, Contact details of client’s nominated / designated individuals (if different from the customer)

Please Remember: Where you provide any of this information relating to or on behalf of another individual such as a nominated contact, you must remember to ensure that you have the consent of the individual and provide them with a copy of or access to this Privacy Notice.

Special Categories of Personal Data that we collect:

We do not collect special categories of data, How we collect your information In most cases / We collect your data directly from you. We collect data and process it when you register on our website, provide us RFP information via our website or during a consultation, complete an online ‘contact us’ form, speak to us on the telephone to discuss or use our services, email or write to us to enquire about or use our services,
view our website via your browsers cookies (see our Cookie Policy)

We also receive your data indirectly from the following sources:

Social Media Sites including: LinkedIn, Public sources – demographic data, Market Research and market service providers, Credit Agencies and publicly available company data sources such as Companies House Or if you are nominated by a client as a designated contact point.

Why we do we collect your information?

Where we collect and process personal data, we identify both the purpose and legal basis for doing so. There are 6 possible legal bases which are:

Consent – where we have consent from the individual to the processing of his or her personal data for one or more specific purpose 

Contract – where the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract

Legal Obligation – The processing is necessary for compliance with a legal obligation to which we are subject

Vital Interests – Where the processing is necessary in order to protect the vital interests of the data subject or another natural person

Public Interest – Where the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller 

Legitimate Interests - Where the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal date, in particular where the data subject is a child.

Our purpose and legal basis for the information we collect, and process allows us to:

Where we rely on your consent you have the right to withdraw this consent at any time by contacting us. Full contact details can be found at the beginning of this notice.
Legitimate Interests - Where the processing of personal data is based on our Legitimate Interests, it is to improve on our service, security and prevent fraud or illegal activity in favour of the wellbeing of our customers, vendors, employees and shareholders.

Direct Marketing

Where you sign up to our website mailing list to receive direct marketing details from us about our services, you can withdraw that consent at any time. To do so, please contact us using the details at the beginning of this notice. We may also send you details of similar services to those you have enquired about or purchased from us previously. You can also opt out of receiving this information from us at any time by contacting us at the above address or clicking ‘unsubscribe’ on any messages you may receive. We will never share or sell your information to any other party for marketing purposes.

Who we share your information with? 

From time to time we may share your personal information with other companies in the Pulse Marketplace Group or with the following third parties for the purposes set out above:

Data Processors who manage data on our behalf including software providers and website management

Client detail with Marketplace Vendors

Vendor detail with Clients

Accountants, Lawyers and Auditors

Payment Services Providers

Specialist Experts for example website support and / or Marketing Companies

Fraud detection Agencies

Police and Law Enforcement agencies where reasonably necessary for the prevention or detection of crime

Credit Reference or Debt Collection Agencies

Regulators and governing bodies 

Selected Third Parties in connection with the sale, transfer or disposal of our business
International data transfers, although we don’t process your information outside of the UK or EEA, with today’s modern technology including Cloud Storage and software providers, some recipients of your personal data will be located outside your country or have offices in countries where data protection laws may provide a different level of protection than the laws in your country. Where this is the case, we make sure that additional safeguards are in place such as ensuring that those countries have a decision of adequacy or have included technical measures and standard contract clauses in their terms to support the protection of your data.

Automated decision-making or Profiling

We do not process personal data for automated decision making or profiling.

How Long do we keep personal data for?

We will retain personal data in accordance with legal and regulatory requirements and for no longer than is necessary to fulfil the purposes set out in this privacy policy. We maintain and review a detailed retention policy which documents how long we will hold different types of data. The time period will depend on the purpose for which we collected the information and is never on an indefinite basis. Subsequently, we will delete your personal data in accordance with our data retention and deletion policy or take steps to properly render the data anonymous, unless we are legally obliged to keep your personal data longer (e.g. for tax, accounting or auditing purposes).

The following details the criteria used to establish the retention period set out within our policy. Where it is still necessary for the provision of our Services
This includes the duration of any contract for services we have with you and for a period of 7 years after the end of any registration or contract of sale with a view to maintaining and improving the performance of our products, keeping our systems secure, and maintaining appropriate business and financial records. Most of our retention periods are determined on the basis of this general rule.

Where required by Statutory, contractual or other similar obligations
Corresponding storage obligations may arise, for example, from laws or regulation. It may also be necessary to store personal data with regard to pending or future legal disputes. Personal data contained in contracts, notifications and business letters may be subject to statutory storage obligations depending on national law.
 
Your Rights as a data subject  

As a data subject, you have rights in relation to your personal data. These are:
The Right to Access – You have the right to request details of personal information held or processed and to copies of this data. We do not usually charge for this service.
The Right to Rectification – You have the right to request that any information be corrected that you believe is inaccurate or to complete any information that you believe is incomplete.

The Right to Erasure – You have the right to request that we erase your personal information under certain conditions.

The Right to Restrict Processing – You have the right to request that we restrict the processing of your personal data under certain circumstances.

The Right to Object to Processing – You have the right to object to our processing of your data, under certain conditions.

The Right to Data Portability – You have the right to request that we transfer the data that we have collected to another organisation or directly to you, under certain conditions.

You also have the Right to Withdraw Consent where you have previously provided this at any time. To do so, or to exercise any of these rights, please contact us using the details at the beginning of this notice.

You also have the right to complain to the Supervisory Authority. Where you wish to report a complaint or feel that we have not addressed your concern in a satisfactory manner, you may contact the supervisory authority’s Office at: 

Data Protection Commission
21 Fitzwilliam Square South
Dublin 2
D02 RD28
Ireland

Or online at : https://forms.dataprotection.ie/contact

Contractual Obligations and Consequences

In some circumstances, the provision of personal data is partly required by law (for example, tax regulations, legal obligations) or can also result from contractual provisions. This means that it may sometimes be necessary to conclude or fulfil a contract, that the personal data be provided. In those circumstances where the data is not provided or where certain rights are exercised, (Erasure, Object) there is a possible consequence that the contract could not be fulfilled or concluded and may be cancelled. In such an event refunds would not usually be provided.
Cookies & Similar Technologies

When you visit our Website, we use cookies and similar technologies to provide you with a better, faster and safer user experience or to show you personalised advertising. Cookies are small text files that are automatically created by your browser and stored on your device when you visit or use the Website. For full information on our use of cookies and how to manage them, please see our Cookie Policy 
Remember: When clicking on external links via our website or when you find us via social media platforms, you are visiting or redirected to the domain of those websites. We have no control over the privacy settings on these websites or the cookies they set, so please bear in mind that you should set your preferences in line with their own policies and cookie controls separately.

Data security

We aim to protect your personal data through technical and organisational security measures to minimise risks associated with data loss, misuse, unauthorised access and unauthorised disclosure and alteration. 

We store customer records in cloud-based services and data centres which have controlled and restricted access. We operate internal policies and procedures detailing physical security, cloud storage security monitoring, access control and password security measures. 

Changes to our Privacy Notice

Pulse Marketplace Ltd T/A Pulse Market keep our Privacy Notice under regular review. This Privacy Notice was last updated on 12th April 2021.

COOKIES NOTICE
Effective date: 28th May 2021
About this cookie policy.
This Cookie Policy explains what cookies are and how we use them. It includes details of the types of cookies we set, the information we collect when using them and how that information is used. Learn more about who we are, how you can contact us and how we process personal data in our Privacy Policy. You can withdraw or mange your consent at any time by clicking on the 'Manage Consent' button. Your consent applies to the following domains: pulsemarket.com

Your current state: Consent Accepted. Allow all cookies (Necessary, Non Necessary, Analytics). Manage your consent.

What are cookies ?
Cookies are small text files which are stored on your browser when you visit a website. They can often serve crucial functions and help us to keep our website secure and functioning properly, which helps us to provide you with a better user experience. They can also help us to analyse how the website performs, what works and where we can make improvements.

How do we use cookies ?

As with most online services, our website uses cookies. We use Strictly Necessary which are required to allow you to set your own preferences and remember those and we use Analytics cookies. These are used to understand how the website performs , how you interact with it which allows us to continually improve the site. Social Media and External Links - where you click on any external links or find us via social media platforms, we have no control over those domains, their privacy information or the cookies they set. Please remember to review those sites and set your preferences in line with their own policies and cookie controls.

What types of cookies do we use ?
The cookies used on our website are grouped into the following categories.

Necessary
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Non Necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.

Analytics
Analytics cookies collect information on how a website performs by collecting detail such as the number of visits to the site and the pages visited.

The below list details the cookies used in our website.
COOKIE TYPE DURATION DESCRIPTION

CookieTypeDurationDescription
Necessary
cli_user_preferencePersistent1 yearThis cookie keeps track of the cookie consents for the current domain
viewed_cookie_policyPersistent11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
cookielawinfo-checkbox-necessaryPersistent11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-non-necessaryPersistent11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Non Necessary".
Non Necessary
test_cookiePersistent11 months
Analytics
_gaPersistent2 YearsThis cookie is set by Google to distinguish users and understand how our site performs.
_ga_RGERYD124EPersistent2 YearsThis cookie is used by Google Tag Manager to ensure that requests persist for the duration of the session.


How can I control the cookie preferences ?

When you first visit our site, you will be asked if you want to accept all cookies or set your own preferences. You can manage your cookie preferences by clicking on the "Cookie Settings" button and enabling or disabling the cookie categories on the popup according to your preferences. Should you decide to change your preferences later through your browsing session, you can click on the "Manage Consent" tab on your screen. This will display the consent notice again enabling you to change your preferences or withdraw your consent entirely. In addition to this, different browsers provide different methods to block and delete cookies used by websites. You can change the settings of your browser to block/delete the cookies. To find out more out more on how to manage and delete cookies, visit wikipedia.org, www.allaboutcookies.org. 

Use of cookies can change over time or when a new service or function is added to our website. To ensure that this policy remains up to date, we regularly carry out audits and update our list of cookies accordingly. This Policy was last updated on 28th May 2021.

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