Palringo is the trading name of Palringo Limited.
Registered Office: 4 Arcot Court, Nelson Park Industrial Estate, Cramlington, Newcastle Upon Tyne, NE23 1BB
Company No. 05801490
VAT No. GB 905 2962 24
Date of adoption of these : [01.08.2016]
Palringo provides users with a platform, to send text messages, voice messages and images to users through any various medium or device now known or hereafter developed and to use location based services (the "Service"). You understand and agree that the Service is provided "AS-IS" and that Palringo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and acknowledge that such access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees and charges that we may notify to you. If we terminate your access to the Service because of your breach of these TOS you will not be entitled to any refund of fees or other charges. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration process and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is false, untrue, inaccurate, not current or incomplete, or Palringo has reasonable grounds to suspect that such information is false, untrue, inaccurate, not current or incomplete, Palringo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without liability.
You must be at least 12 years old to register for and or to access the Service.
It is understood by you that all information, messages, data, text, software, sound, pictures, graphics, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Palringo, are entirely responsible for all Content that you download, upload, post, email, transmit or otherwise make available via the Service. Palringo does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Palringo will not be liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content downloaded, uploaded, posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that Palringo may or may not pre-screen Content, but that Palringo and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, take down or move any Content that is available via the Service. Without limiting the foregoing, Palringo and its designees shall have the right to remove any Content that Palringo or its designees consider to be in violation of these TOS or is otherwise objectionable.
You acknowledge, consent and agree that Palringo may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary (subject to compliance by Palringo with all relevant data protection legislation that is in place from time to time, including (without limitation) The Data Protection Act 1998):
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Palringo and/or content providers who provide content to the Service.
Upon registration for the Service, you will be required to provide Palringo with your password and user name. You understand that you are solely responsible for maintaining the confidentiality of your password and user name and that you will be solely and fully responsible for all activities that occur under your password and user name. Palringo shall not be responsible for any damage, loss, claim or other liability that may arise from the unauthorized use of any password or user name. You agree to immediately notify Palringo of any unauthorized use of your password or user name or any other breach of security. If a password or user name is lost or stolen, it is your responsibility to change the password or user name, and immediately notify Palringo, so that your account remains both secure and functional.
You must notify us in writing immediately if you become aware of any unauthorised use of your account. You are responsible for any activity on our Service arising out of any failure to keep your account details confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person's username and password to access the Service.
Notwithstanding any of the foregoing, Palringo may disable usernames and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation at any time.
Recognizing the global nature of the Internet, you agree to comply with all local rules, laws, regulations and codes of practice regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
Palringo does not claim ownership of Content you submit or make available for inclusion on the Service. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service you grant Palringo the worldwide, irrevocable, perpetual, royalty-free and non-exclusive license (together with the right to grant and authorize sublicenses) to use, distribute, reproduce, modify, adapt, publish, translate, prepare derivative works from, incorporate into other works, publicly perform and publicly display such Content in any existing or future media. You also grant to us the right to bring an action for infringement of these rights.
You warrant and represent that your user content will comply with these TOS.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, must be compliant with all obligations owed to any public performance and or mechanical rights collection agencies and those they represent, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your user content (and its publication on our website) must not:
You must not use the Service to link to any website or web page consisting of or containing material that would, were it posted on the Service, breach the provisions of these TOS.
You must not use the Service to link to any website or web page consisting of or containing material that would, were it posted on the Service, would breach the provisions of these TOS.
You must not submit any user content to the Service that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You acknowledge that Palringo may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email/text/voice messages, or other uploaded Content will be retained by the Service, the maximum disk space allotted on Palringo's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Palringo has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
Palringo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Palringo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Palringo may, under certain circumstances and without prior notice, immediately suspend or terminate your Palringo account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to:
Termination or suspension of your Palringo account includes removal of access to all offerings within the Service.
Any fees or charges due to Palringo at the date of termination shall be paid immediately.
Further, in the event of a breach by you of these TOS, Palringo may, in addition to permanently prohibiting you from accessing the Service;
Where we suspend or prohibit or block your access to our Service or a part of our Service, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Palringo grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer, provided that you do not (and do not allow or otherwise authorize any third party to) copy, modify, create a derivative work from, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service or any part of the Software. You agree not to access the Service by any means other than through the interface that is provided by Palringo for use in accessing the Service.
PALRINGO WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE OF ANY NATURE RELATING TO THE USE OF THE SERVICE OR THE INABILITY TO USE THE SERVICE
PALRINGO WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY LOSSES OR DAMAGE ARISING OUT OF ANY EVENT OR EVENTS BEYOND OUR REASONABLE CONTROL.
PALRINGO WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY BUSINESS LOSSES OR DAMAGE, INCLUDING (WITHOUT LIMITATION) LOSS OF OR DAMAGE TO PROFITS, INCOME, REVENUE, USE, PRODUCTION, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, COMMERCIAL OPPORTUNITIES OR GOODWILL.
PALRINGO WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY LOSS OR CORRUPTION OF ANY DATA, DATABASE OR SOFTWARE.
PALRINGO WILL NOT BE LIABLE TO YOU FOR ANY UNAUTHORISED ACCESS TO OR ALTERATION TO YOUR DATA OR CONTENT.
PALRINGO WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
PALRINGO WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY LOSSES OR DAMAGE ARISING OUT OF 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.
PALRINGO WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY LOSSES OR DAMAGE ARISING OUT OF STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
PALRINGO WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY LOSSES OR DAMAGE ARISING OUT OF OTHER WEBSITES OWNED AND OPERATED BY THIRD PARTIES AND LINKED TO ON OR THROUGH THE SERVICE. PALRINGO HAS NO CONTROL OVER THE CONTENTS OF THIRD PARTY WEBSITES, AND WE ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.
PALRINGO WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY LOSSES OR DAMAGE ARISING OUT OF ANY OTHER MATTER RELATING TO THE SERVICE.
YOU AGREE TO THE PUBLICATION OF MESSAGES, COMMENTS, REVIEWS AND/OR FEEDBACK RELATING TO YOU DIRECTLY OR INDIRECTLY, BY OTHERS, ON OUR SERVICE. YOU ACKNOWLEDGE THAT SUCH MESSAGES, COMMENTS, REVIEWS AND/OR FEEDBACK MAY BE CRITICAL OR DEFAMATORY OR OTHERWISE UNLAWFUL; AND YOU AGREE THAT YOU WILL NOT HOLD US LIABLE IN RESPECT OF ANY SUCH MESSAGES, COMMENTS, REVIEWS AND/OR FEEDBACK, IRRESPECTIVE OF WHETHER WE ARE AWARE OR OUGHT TO HAVE BEEN AWARE OF SUCH MESSAGES, COMMENTS, REVIEWS AND/OR FEEDBACK.
WHERE THERE IS CONFLICT BETWEEN THE PROVISIONS OF THE CONSUMER RIGHTS ACT 2015 AND THIS PARAGRAPH 14, THEN THE PROVISIONS OF THE CONSUMER RIGHTS ACT 2015 SHALL ALWAYS PREVAIL. IF ANY PROVISION OR PART-PROVISION OF THIS PARAGRAPH 14 IS OR BECOMES INVALID, ILLEGAL OR UNENFORCEABLE, IT SHALL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO MAKE IT VALID, LEGAL AND ENFORCEABLE. IF SUCH MODIFICATION IS NOT POSSIBLE, THE RELEVANT PROVISION OR PART-PROVISION SHALL BE DEEMED DELETED. ANY MODIFICATION TO OR DELETION OF A PROVISION OR PART-PROVISION UNDER THIS PARAGRAPH SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REST OF THIS PARAGRAPH 14.
You hereby indemnify and undertake to keep indemnified and to hold harmless Palringo and its subsidiaries, affiliates, officers, agents, employees, partners and licensors against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred by Palringo arising from any complaints, allegations, proceedings, actions, claims and or demands made by any third party due or related to or arising out of Content you submit, download, upload, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of these TOS, or your violation of any rights of another in relation to the Service.
Where there is conflict between the provisions of the Consumer Rights Act 2015 and this paragraph 15, then the provisions of the Consumer Rights Act 2015 shall always prevail. If any provision or part-provision of this paragraph 15 is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of this paragraph 15.
The Service is provided "As-Is". To the fullest extent permitted by law, Palringo disclaims any warranty or condition of fitness for purpose, merchantability or non-infringement. In entering into these TOS you do not do so on the basis of, and do not rely on any representation, warranty or other provision except as expressly provided in these TOS and all conditions, warranties or other terms implied by law are excluded to the fullest extent permitted by applicable law. To the fullest extent permitted by law and (notwithstanding the generality of the foregoing) subject to the Consumer Rights Act 2015, Palringo does not warrant that the provision of the Service will be fault free or uninterrupted.
You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS.
Palringo, at its sole discretion, may provide you with notices, including those regarding changes to these TOS, by email, regular mail or postings on our website.
The Palringo logo, name, trademarks, service marks, product and service names (collectively 'trademarks') are trademarks of Palringo. Title to and ownership of the trademarks shall remain at all times with Palringo. You agree not to display or use them in any manner. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
All other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and we cannot and on not grant any permission or licence for the use of these third party trademarks.
You acknowledge that your breach or violation of these TOS may cause irreparable damage and harm to Palringo and other users of the Service and you hereby agree that Palringo shall be entitled to seek injunctive relief under these TOS as well as such further relief as may be granted by a court of competent jurisdiction in any jurisdiction. If Palringo seeks injunctive relief Palringo shall be entitled to choose which governing law shall apply.
Subject to the preceding section (Injunctive Relief), these TOS are governed by the laws of England & Wales and any disputes relating to these TOS will be subject to the non-exclusive jurisdiction of the courts of England and Wales at Palringo’s sole discretion.
You are solely responsible for the way you interact with other users of the Service.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these TOS without notifying you or obtaining your consent.
You may not assign or transfer any of your rights or obligations under these TOS.
Failure by Palringo to exercise or enforce any right conferred by these TOS shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.
If any part of these TOS, is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that part will, to the extent required, be severed and will be ineffective without, as far as possible, modifying any other part of these TOS and this will not affect any other provisions of these TOS which will remain in full force and effect.
Please report any violations of the TOS to firstname.lastname@example.org