PULSE MARKETPLACE LIMITED TERMS AND CONDITIONS OF SALE
1. InterpretationIn 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 Use2.1 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 Ordering3.1 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 ServicesPulse 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. Liability5.1 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 control6.1 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. Waiver7.1 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. AssignmentWe 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 Protection10.1 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. VariationsWe 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 DetailsIn 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.
