Terms and conditions
These Terms and Conditions (the “Terms”) set out the contract for use of penduloforce (“the Site”). This Terms shall be in force and enforceable to you at the point in which you accept them until the point at which you cancel your membership (except for those paragraphs, such as law and jurisdiction and limitation of responsibility amongst others which, as per their nature, shall remain valid after the termination of this contractual relationship).
I. SOME GENERAL RULES
You cannot become a member or register on penduloforce without agreeing to these Terms. You agree that your subscription to the Site is not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Pendulo Ltd. or any of its Pendulo’s Individuals (as hereinafter defined) regarding future functionality or features.
You must provide accurate and complete registration information when you register to use the Site. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorised use of your password or of your account, you agree to notify Pendulo Ltd. immediately.
Your use of the Site must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
You represent and warrant that you are over 18 years old and are legally capable of entering a contract of this nature and that you shall use penduloforce only for legal purposes, in compliance with all applicable laws and regulations, and in accordance with any instructions of use we might provide from time to time
We will make reasonable effort to make sure the Site is up and running at all times but we cannot guarantee that the Site and certain pages will always be free from error. If some pages or the Site as a whole become unavailable for technical reasons we will do our upmost to restore its status as quickly as possible but will not be held responsible for any losses to work or income or any other potential damage whatsoever because of this problem.
The use of headings in this Terms is for ease of reading only. The headings have no legal relevance.
Access to penduloforce is offered at the discretion of pendulo Ltd. and we reserve the right to suspend access for any reason of our choosing. You agree that Pendulo Ltd., in its sole discretion and for any or no reason, may terminate your subscription or any part thereof. You agree that any termination of your access to the Site may be without prior notice, and you agree that Pendulo Ltd. will not be liable to you or any third party for such termination.
You are solely responsible for exporting your information from the Site prior to termination of your account (i.e., of this contractual relationship) for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your information.
Pendulo Ltd. can amend or modify these terms at any time. If any of these terms is found to be invalid or unenforceable, the remainder of the terms shall continue in full force and effect.
II. FREE TRIAL PERIOD AND LATER USE OF THE SITE
Use of the Site is free for at least 30 days. Upon the expiry of the 30 day free trial period (and except in the case of your subscription to penduloforce, as per the next paragraph) Pendulo Ltd can at any time and at its discretion cancel your use of the Site, without prior notice and without you being entitled to any compensation.
Following the expiry of the free trial period, usage can be continued by a regular monthly payment, the “Subscription Fee“. Details of the pricing options available can be found here: http://www.penduloforce.com/index.php/shop
III. COOLING OFF PERIOD
You have the right to cancel your membership at any time. The pro-rated charge will cover the period from the original payment date to the date of your request (inclusive). We will not charge you for the days between your request and our response.
IV. NO ASIGNABILITY
You may not transfer, assign, charge or otherwise dispose of your rights or obligations arising under these terms and conditions, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations arising under these terms and conditions at any time.
V. INTELLECTUAL PROPERTY RIGHTS
Pendulo Limited owns and/or reserves all intellectual property rights to the Site and any reproduction, distribution or publication of any content is prohibited without the express written consent of Pendulo Limited. Nothing in this Terms shall be construed as an assignment or transmission of any intellectual property rights or copyright related to the Site in your favour or a third party, including without limitation any and all intangible or tangible rights related to the Site belonging to Pendulo Ltd. which are not expressly granted herein. You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software (or any part thereof) of the Site , unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Pendulo Ltd., in writing; or (b) attempt to disable or circumvent any security mechanisms used by the Site software.
You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Pendulo Ltd. or the Site under any fiduciary or other obligation, and that Pendulo is free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
VI. PERSONAL DATA AND COMMERCIAL ACTIONS
Neither pendulo ltd. Nor any of its shareholders, directors, agents or employees (the shareholders, directors, agents and employees, “pendulo’s individuals”) shall be liable for indirect or consequential damages, and we will not be responsible or liable to you for any economic losses, direct or otherwise (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss), loss of goodwill or reputation or damage resulting from action taken in reliance on advice given as part of our advice or on the use of penduloforce or anyhow related to acts or omissions of pendulo Ltd. or of any of Pendulo’s individuals.
You expressly understand and agree that your use of penduloforce is at your sole risk and that penduloforce software and/or services are provided "as is" and "as available."
Pendulo Ltd. makes no express warranties and disclaim all implied warranties regarding the penduloforce services or products, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, Pendulo Ltd. do not represent or warrant to you that: (a) your use of the penduloforce services or products will meet your requirements, (b) your use of the Pendulo services or products will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the penduloforce services or product will be accurate.
You agree to hold harmless and indemnify Pendulo Ltd., and its affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Pendulo and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the penduloforce Services or Products, (c) your violation of applicable laws, rules or regulations in connection with the pendulo Services or Products, or (d) your information, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Pendulo Ltd. will provide you with written notice of such claim, suit or action.
IX. FORCE MAJEURE
A party’s performance under these Terms is excused if that party is unable to perform under these Terms due to an event beyond its reasonable control, including without limitation, natural disasters, labour unrest, government restrictions, and the like.
X. LAW AND JURISDICTION
These terms and your use of penduloforce are governed by English Law. You agree that any dispute, controversy or claim arising under, out of or relating to these Terms and any subsequent amendments of these Terms, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to court proceedings before the corresponding courts of England, with an express waiver of any other jurisdiction that could apply.