About Our Terms and Conditions
THE PIP is the owner of this website, www.thepip.com (the “Website”). These terms will apply regardless of how the Website is accessed and will cover any technologies or devices by which THE PIP makes the Website available to You.
This document, including any other policies or documents referred to in these terms and conditions, (together the “Terms”) are the Terms on which this Website, including all products and services are made available to you (“You”/”Your”).
You must read these Terms carefully before using the Website and before ordering or registering with THE PIP. By accessing, browsing and/or using the Website You agree to be bound by these Terms in their entirety, whether or not You open an account through the Website, register with the Website or log into your account. If you do not agree to abide by these Terms, do not use or access the Website.
Certain products which are made available to You on or via the Website, and which You may order, are subject to additional terms and conditions. You will be notified of these additional terms and conditions when You access the relevant parts of the Website that relate to these products. Please note that if You order products that are subject to additional terms and conditions You will be seen as accepting them.
If You have any questions, complaints or comments relating to this Website or these Terms, please click here to contact us.
Who We Are
THE PIP, is a registered trading name of David Ingram, 15 Arkendale road, Glenageary, Dublin, Ireland.
Use of the Website
- By using this Website You confirm that all the information You provide when You place an order is true and accurate and that You will keep this information up-to-date.
- You agree that when using the Website and ordering the products that You will:
- Not use this site for any illegal purpose or in any way that may lead to the encouragement, procurement or carrying out of any criminal activity
- only use this Website for lawful purposes
- not breach the terms of this agreement
- not access or attempt to access the accounts of other users
- not use this Website in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website
- not penetrate or attempt to penetrate the Website security measures, or attack the Website servers via a denial-of-service attack or a distributed denial-of service attack (DDoS)
- not knowingly or negligently introduce viruses, Trojans, worms or other harmful material onto the Website
While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
THE PIP has taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that products have been described properly. However, when ordering products through the Website, please note that:
- Although We try to display the colours of The PIP accurately on the Website, the actual colours You see will depend on Your monitor and display settings. Hence, We cannot guarantee that Your monitor’s display of any colour will accurately reflect the colour of the products;
- orders will only be accepted if there are no pricing errors on this Website and on authorisation of Your payment card
We can deliver PIP to anywhere in the EU/EEA, North America and rest of the world. Shipping of PIP will commence 1st September 2014.
- Delivery is by courier (Fedex / TNT)
- Delivery is 5 days a week, Monday to Friday, usually from 9am – 5pm.
- Delivery charges do not include any Brokerage charges or any other Duties and Fees that might incur in your country.
Please email email@example.com for further information.
We will make every effort to despatch the goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. THE PIP shall be under no liability for any delay or failure to deliver the products within estimated timescales.
Cancellations and Returns
- If you are an EU consumer, under the EU Directive 2011/83/EC on consumers rights in respect of distance contracts (“Directive”) as implemented in Your country, you are entitled to cancel Your contract with Us as follows, regardless of whether the Product is damaged or incorrectly supplied:
- Your right to cancel orders: You can cancel Your order anytime within Fourteen (14) working days after the day on which You received the products.
- During the above cancellation period, You have a duty to take reasonable care of the products and retain possession of them.
- All order cancellation requests under this Directive must be sent to Us by email and, as the date of Your notice is deemed to be the date on which You send Your notice to Us, You are responsible to keep a record of this.
- If You wish to cancel (or are considering cancelling) a Product You have ordered, please be aware that cancellation rights under the Directive do not apply to certain products and services (for example: personalised items, sealed computer software that was unsealed after delivery, made to measure orders, bespoke products, flowers, plants, food or gifts).
- Please note that if You receive the Product(s) before cancellation, You must return the Product(s) to THE PIP at Your own cost to the address provided together with the appropriate Return Merchandise Authorisation (RMA) that will be provided via email by THE PIP’s Agent.
- In any event, all cancelled goods must be received by THE PIP no later than fourteen (14) days from the day in which You communicated Your decision to return the product.
- You should check all products You receive against Your packing slip to confirm that You have received everything You ordered. If the products You receive are damaged or incorrect then You must note the details of any damage or error in supply on the parcel summary and You must inform Us (by e-mail only) of any damage or error as soon as reasonably possible.
- You must return any cancelled products to THE PIP not later than fourteen (14) days after informing Us that: (i) the products are damaged; (2) have been incorrectly supplied or (iii) You are cancelling Your order under the Directive.
- If You choose to return any products to THE PIP, We will not be responsible for any loss or damage that occurs in transit and, for this reason; We recommend that You use a recorded and insured delivery service. If returned products are lost or damaged in transit, We reserve the right to charge and reclaim from You amounts related to such loss or damage.
- We recommend that for all returns You obtain a receipt of proof of postage as if Your products do not reach Us, We may ask for proof that they were sent to Us.
- Please note that We will not accept the return of any damaged or incorrectly supplied products where You fail to notify Us of this within 14 days of receiving such products.
- In the case of damaged or incorrectly supplied products, We may offer you a replacement Product(s).
- You must not use any products you wish to cancel and products should be returned sealed in their original packaging.
- This Section is not intended to be a full statement of all your rights under the Directive. For further information about your statutory rights, contact your local trading standards authority or local consumer advice centre.
- For further details about how to exercise your cancellation rights, please see the Returns and Refunds section of the Website.
Refund Policy under the Directive
- THE PIP will give You a refund where You cancel and return a cancelled Product under the Directive. All such refunds will be processed in accordance with Your legal rights and THE PIP, will refund You within 30 days from the date on which We receive the cancelled product(s).
- If the products have already been delivered to You, You must make sure to that the product is received by THE PIP no later than fourteen (14) days from the day in which You communicated Your decision to return the product. The product must be received at the specified address and We suggest You obtain proof of Your postage. Where You only return part of Your order, We will refund the cost of the products only but not Your delivery charge.
- Any refunds made by Us will be made to the method of payment provided when You placed Your order and will be subject to Our right to withhold amounts for products which are found damaged on return.
General Website Terms
Accuracy of content
To the extent permitted by applicable law, THE PIP disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
Damage to your computer or other device
THE PIP uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, We cannot guarantee that Your use of this Website (including any content on it or any website accessible from it) will not cause damage to Your computer or other device. It is Your responsibility to ensure that You have the right equipment (including antivirus software) to use this Website safely and to screen out anything that may damage or harm Your computer or other device. Except where required by applicable law, THE PIP shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via this Website.
Links to other websites
THE PIP have placed links on this Website to other websites We think You may want to visit. We do not vet these websites nor have control over the content of these websites. By accessing these websites, You agree that We are not responsible for the content of these websites, including any advertising or products made available to You through such sites. Except as required by applicable law, THE PIP will not be responsible for any offence, damage or loss caused by or connected to Your use of such websites.
The Website, including but not limited to text, content, video, audio, photographs and graphics contained thereon, and the other Services are protected by certain Proprietary Rights (as defined below). By accessing the Site You hereby agree that THE PIP is the sole and exclusive owner of all right, title and interest in and to the Website, all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Website (“Content”), as well as the look and feel and the design of the Website and the organization of the Content on the Website, including but not limited to any copyrights, Trademarks, patent rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant you ownership of any Content on the Website.
“PIP”, “The PIP”, THE PIP logo and the Flower Symbol are trademarks of THE PIP. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners in the European Union and/or other countries.
THE PIP and/or its suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. Nothing in these terms and conditions of use shall be construed as conferring by implication, estoppel or otherwise, any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of THE PIP or any third party.
Promotion Codes and Gift Cards
Under certain circumstances THE PIP will provide you with an online promotion code for a discount on products. We may display the promotion code via email or press marketing. When using a promotion code, please check the applicable terms and conditions.
THE PIP IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING BUT NOT LIMITED TO LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, LOSS OF PROFITS OR REVENUES, LOSS OF DATA, CLAIMS OF THIRD PARTIES, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED OR REPLACED, OR LOSS AND DAMAGES UNDER AN LEGAL THEORY, EVEN IF THE PIP HAS BEEN ADVISED OF SUCH DAMAGES. THE PIP LIMITS OR EXCLUDES ITS LIABILITY TO THE PRICE PAID BY THE CONSUMER FOR THE PRODUCT.
TO THE EXTENT ALLOWED BY LOCAL LAW, THE PIP DOES NOT MAKE ANY OTHER WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE PIP DOES NOT WARRANT THAT THE PRODUCT IS ERROR FREE OR THAT IT WILL FUNCTION WITHOUT INTERRUPTION.
Changes to these Terms
THE PIP reserves the right to change the Terms of this website from time to time without notice. Once changed, these terms will be posted on the website. If you do not agree with these terms and conditions, please do not access this Website.
If any of these terms and conditions are found to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
THE PIP does every effort to ensure that pricing information on the Website is correct and up-to-date. THE PIP reserves the right to refuse the order in case an error in pricing is found.
Data Protection Act
THE PIPfully respects your right to privacy, and will not collect any personal information about you on this website without your clear permission. Any personal information which you volunteer to THE PIP will be treated with the highest standard of security and confidentially, in accordance with the Data Protection Acts 1988 and 2003, and will adhere to any other relevant future legislation in this area. Under this legislation, customers can obtain a copy of all information which The PIP has on its databases in relation to them. Customers wishing to obtain such information should contact the Company Secretary THE PIP, One Gateway, East Wall Road, Dublin 3. VAT no. IE 9816001E. Email us on firstname.lastname@example.org.
All payments and their details are handled by Stripe. No card information is saved on THE PIP’s website or servers.
Collection of personal information
THE PIP does not collect any personal data about you on this website, apart from information which you volunteer such as:
- By e-mailing us
- By registering to receive your newsletter
- By pre-ordering or purchasing a PIP biosensor
Use of Information
THE PIP only holds and uses personal information to provide additional service to our customers. The information collected on customers will only be made available to the portal itself and will not be disclosed to any third party without prior consent being obtained from the customer.
Collection of Technical Information
This website uses temporary “session” cookies which enable a visitor’s web browser to remember which pages on this website have already been visited. Visitors can use this website with no loss of functionality if cookies are disabled from the web browser.
Technical details in connection with visits to this website are logged by our internet service provider for our statistical purposes. No information is collected that could be used by us to identify website visitors. The technical details logged are confined to the following items:
- The IP address of the visitor’s web server. This is your computer’s id (or the internet company’s computer), expressed in “internet protocol” code (for example 188.8.131.52). Every computer connected to the web has a unique IP address, although the address may not be the same every time a connection is made
- The previous website address from which the visitor reached us, including any search terms used
- Clickstream data which shows the traffic of visitors around this web site (for example pages accessed and documents downloaded)
- The type of web browser (The piece of software is used to read web pages. Such Microsoft Internet Explorer or Netscape Navigator) used by the website visitor.
Use of Technical Information
THE PIP will make no attempt to identify individual visitors, or to associate the technical details listed above with any third party (apart from our internet service provider, which records such data on our behalf and which is bound by confidentiality provisions in this regard), unless obliged to disclose such information by a rule of law. The technical information will be used only by THE PIP, and only for statistical and other administrative purposes.
Your Consent and Changes to Privacy Statement
By using our website and by providing us with your personal information you consent to the collection and use of your information as we have outlined in this policy statement.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practice change at some time in the future, we will post the policy changes to our website. If you are concerned about how your information is used, you should check our website periodically.
Accessing, Amending or Removing Personal Data
If you wish to access, amend or remove your personal information that we maintain about you, please send notice in writing or email.
If you have any question or suggestion about this privacy statement please contact:
- What data is collected?
The use of The PIP, My Pip and related Applications requires data to be collected. This data identifies you either directly or indirectly. Data that we collect includes the following:
- Direct Identifiable Data – This is data that identifies you, the user, directly. This includes:
- First & Last Name
- Cellular/mobile phone number
- Date of birth
- Indirect Identifiable Data – This is data that identifies you indirectly. This data includes:
- Age group
- Geographical location
- App Usage
- Session Data – This is the App session data that you upload to My Pip
- Which data is collected and when?
- When you visit the website – Cookies
- When you purchase – Name, Email, Address, Phone number
- When you create a My Pip Account – Name, Geographical Location, Age Group, and Email.
- When you activate and use The Pip product with an application – App Used, Device Type
- When you use our application – Anonymous usage details
- When you use My Pip
- Anonymised data set of the session (i.e. we do not know who the data relates to).
- App/Service usage
- When you contact us via email – Your Name and email address and if applicable, address and phone number.
- When you register to our email list – your email address
- When you use the a Pip App and upload your data – This data can only be accessed by you, unless you give a permission to a 3rd party to access it. An anonymised version of this data can be accessed by us (i.e. We will not be able to tell who this data relates to).
- How do we use the data?
1.To present you with your data on your My Pip dashboard
All your session data from the different Pip applications will be presented in the My Pip section of every Pip Application and, also, on the My Pip website when you login. Data may be presented directly (number of sessions, number of events, etc.), or indirectly after processing (Pip Score, Overall Progress, Etc.) We will never access or work with your data when it identifies you unless you have given us your consent. An anonymised version of your data might be accessed by us in order for us to provide better services.
2.To communicate information to you If you opt in we may use your name and email in order to keep in touch with you via email with news, offers, competitions, discount coupons, new products or events in which you are free to participate. If you change your mind and would like to be removed or added to our mailing list, please Click Here to change your preferences
3.To Improve THE PIP’s products and services. In order to improve The Pip and My Pip products and services and ensure availability or our platform, we retain a log of service access and operation.
4.To analyse the aggregated data We will not sell or share your personal data. We, THE PIP, believe that the anonymised data can serve a collective interest. All the data will be first anonymised to assure that your privacy is protected. Anonymised data and/or aggregated data may be use in particular to:
- Refine our algorithms
- Improve user experience (both in Apps and the My PIP service)
5.Retention Period of Data
All data is will be retained for the period of your use of the PIP and THE PIP service and will be deleted within a reasonably short time thereafter.
6.Where is your data kept?
The only data that is stored and managed by us is the information you’ve provided during registration on www.thepip.com or My Pip (Location: United Kingdom) Session information is stored on Medable.com servers (Locations: USA). My Pip login information is also stored on www.thepip.com servers (Locations: United Kingdom). Payment details are stored on Stripe Payments Europe, LTD. (Location: Ireland) App usage information is stored on Flurry Servers owned by Yahoo Inc. (Location: USA) Where data is stored in the USA, we have taken steps to ensure that it is kept at industry-standard security levels. We will regularly review third party certification to approved international standards.
7.What is the minimum age for using My PIP services?
You must be over the age of thirteen (13) to create an account and use our services.
8.How is your data protected?
Your uploaded session data is stored on Medable’s servers located in the United States. Your personal data is encrypted and kept on server equipped with the latest security software that employs the newest security techniques and procedures. Access to the servers is strictly restricted and security controls, comprising of security staff, security doors and biometric readers, must be passed. Remote access to the servers is highly encrypted, restricted and controlled. When uploading session information to the My PIP service all your information is sent over a secure connection using SSL encryption. We have contracts in place with all third party service providers to ensure that the data is only processed as instructed by us, the Data Controller and that all relevant security measures are in place.
9.Can I delete my My Pip account?
You will be able to delete your account by following this link. This will delete all relevant data.
11.Rights of Access
Under EU law you have the right to be given a copy of your information. This being said, you can access all your information via My PIP portal. Due to the sensitivity of the information we cannot access your session information when it is not anonymised. If you would like to get a copy of any other personal data, please contact us at the following email to get a request form: email@example.com. Please note that you will have to supply a proof of identity and a fee for getting a copy of this information is €6.35. Updated on October 2nd 2015
TERMS OF SERVICE
This Agreement constitutes a binding contract between you and THE PIP (as hereinafter defined). A copy of this Agreement can be accessed at www.thepip.com. Any user who accesses, downloads, uses, purchases, subscribes or in any way interacts with or deals in My Pip Services (as hereinafter defined) collectively or individually (“you” “User” or “Users”) does so strictly and expressly on the following terms and conditions.
This Agreement shall be read in conjunction with our Data Protection and Privacy Policies (as referred to hereunder and available on our website).
IMPORTANT – USE OF My Pip SERVICES IS AGE RESTRICTED. YOU MAY ONLY USE My Pip SERVICES IF YOU ARE OVER THIRTEEN (13) YEARS OF AGE. NO PERSON UNDER THAT AGE MAY DIRECTLY OR INDIRECTLY USE, POSSESS, VIEW OR HAVE ACCESS TO THE PIP SERVICES BY ANY MEANS WHATSOEVER.
1. Introduction and Definitions
“THE PIP”, “we”, “our”, “us” means THE PIP, is a registered trading name of David Ingram, 15 Arkendale road, Glenageary, Dublin, Ireland.
“My Pip” means the My Pip service, platform and website, web widgets and any other mobile or web services or applications or resources or software related either directly or indirectly thereto, owned, controlled or offered by THE PIP.
“My Pip Account” means a My Pip registration created by submitting a user name, a user chosen password together with a valid email address. A valid My Pip registration gives a User a My Pip Account. A My Pip Account allows a User to interact with, and navigate the My Pip.
“My Pip Application”, “My Pip App” means any software application owned by THE PIP which connects either directly or indirectly with the My Pip Service.
“Third Party Application” means any third party application which connects either directly or indirectly with My Pip and which does not belong to THE PIP.
“Pip”, “The Pip” means The Pip Biosensor.
“Feedback” means any feedback or suggestion regarding My Pip which is sent to THE PIP.
“Guidelines” means My Pip Guidelines, a copy of which can be accessed at www.thepip.com.
“Third Party Websites” means websites or services linked to My Pip other than those owned by THE PIP.
“User Submissions” means all content, material and communications submitted by Users , which are hosted, shared and/or published on the My Pip
2. Our Right to Change this Agreement
The right to change the terms and conditions of this Agreement is at our discretion. Our right to do this is unlimited, and without prejudice to that statement includes any change in content, application, purpose by way of change, modification, addition or removal of any service, operation system or other. Any changes to the Agreement will become effective automatically and will be posted in a prominent position on the My Pip and may be sent to you at your most current email address as notified to us. It is your responsibility to make yourself aware of any changes to this Agreement and you agree that there is no other obligation on us to notify you other than as set out above. Your continued use of My Pip constitutes acceptance of any and all changes to the Agreement and at any time in the future you will be legally bound by the version then in force. It may become necessary for you to download new or amended versions of My Pip Apps in order to continue using the My Pip Service. While the use of My Pip is at this time provided to you free of charge we reserve the right to charge for the use of My Pip in the future.
3. What We Own
We own and operate My Pip, which includes without limitation the following: content; visual interfaces; information; graphics; codes; computer codes; software; services; compilation; video; audio; design; information and all other elements of My Pip (collectively our intellectual property rights). Our intellectual property rights are protected by international laws, which include those of the United States of America, the EU, Australia, China, etc. and include all available protection relating to our copyright, trademarks, patents, design etc. All of the materials that we use in My Pip are owned by us or our subsidiaries, or in circumstances where they are not directly owned by us, are used on the basis of a third party licence. When you use My Pip you expressly agree that you will not, without our express written authorisation, sell, licence, modify, copy, distribute, publicly perform, display, transmit, publish, edit, adapt, create, or in any way deal with or use the materials in any way other than as specifically and expressly authorised by us.
4. What is Allowed and What is Not Allowed when Using My Pip
4.1. Our Guidelines are set out at www.thepip.com. Those Guidelines form part of this Agreement and this Agreement should be read in conjunction with those Guidelines. They are also binding on you. You should read the Guidelines and understand them before providing any photo, text or links to My Pip.
4.2. By using My Pip you acknowledge and agree to comply with the Guidelines and you warrant and undertake not to use My Pip:
4.2.1. in any way which is likely or might reasonably be expected to create offence to others, including but not limited to the use of a User name or avatar that could be construed as offensive, vulgar, obscene or otherwise unlawful;
4.2.2. to solicit or induce any person under the age of 13 years old to use My Pip;
4.2.3. directly or indirectly in any situation or way whatsoever, where the usage or failure or inaccuracy of that usage either totally or in part of My Pip could lead directly or indirectly to death, personal injury, physical property damage or financial loss;
4.2.4. to do anything either directly or indirectly which would constitute either the act of or an attempt to post, store, send, transmit or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights or any other proprietary or intellectual property which does not belong to you or in respect of which you do not have a licence allowing you to so act;
4.2.5. to in any way which might either directly or indirectly, intentionally or unintentionally interfere with or damage the operation of My Pip or any User’s enjoyment of it by any means whatsoever including but not limited to uploading or otherwise disseminating viruses, worms, malicious code, offensive or illegal materials or unlawfully obtained material of any form whatsoever;
4.2.6. to in any way either intentionally or unintentionally, directly or indirectly impersonate any person or entity, falsely claim an affiliation with any person or entity or to access without the appropriate, prior, express consents, My Pip Accounts of other Users;
4.2.7. to directly or indirectly in any way misrepresent the source, identity, nature, ownership or content of information transmitted via My Pip either by you or any User;
4.2.8. in any way which might directly or indirectly remove, circumvent, disable, damage or otherwise interfere with security related features of My Pip, including but not limited to features that prevent or restrict use or copying of any content accessible through My Pip or any features that enforce limitations on use of My Pip;
4.2.9. to actually or attempt to gain unauthorised access to My Pip or any part of it, other My Pip Accounts, computer systems or networks that are connected to My Pip or any part of it through any means whatsoever including but not limited to hacking, password mining or any other means to interfere or attempt to interfere with the proper working of My Pip or any activities conducted on My Pip;
4.2.10. to post, store, send, share, transmit or disseminate any information or material in any format and no matter how stored or presented which a reasonable person could deem to be an invasion of someone’s privacy and/or objectionable, defamatory, libellous, offensive, abusive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, profane, hateful, racially or ethically or otherwise offensive to any group or individual and/or intentionally misleading, false or otherwise inappropriate, regardless of whether or not this material or its dissemination is unlawful;
4.2.11. to make unsolicited offers of any kind whatsoever, advertisements, proposals or other similar offering or communication, or to send junk mail to other Users of My Pip. This includes but is not limited to unsolicited advertising and promotional materials or other solicitation material, bulk mailing of commercial advertising chainmail, informational announcements, charity requests and petitioners for signatures;
4.2.12. for any illegal purpose or in violation of any local, state, national or international law, including without limitation laws governing intellectual property and other proprietary rights, data protection and privacy and import or export control;
4.2.13. for any reason whatsoever in conjunction with or for the purposes of deploying any robot, spider, scrape or other automated means to access My Pip for any purpose without our express written permission or bypass robot exclusion headers or other measures we may use to prevent or restrict access to My Pip or modify My Pip in any manner or form or to use modified versions of My Pip, including without limitation for the purposes of obtaining unauthorised access to My Pip;
4.2.14. to take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
4.2.15. to breach any of the terms of this Agreement intentionally or unintentionally or to encourage other Users to do so, either in fact or in spirit.
5. Terms of Usage – Reasons we can Refuse or Suspend Service to You
5.1. In registering for a My Pip Account with THE PIP you undertake, represent and warrant that:
5.1.1. all of the information you have provided as part of the registration is honest, truthful and accurate;
5.1.2. you will maintain the accuracy of that information, which is your sole responsibility;
5.1.3. you will be responsible for maintaining the confidentiality of your My Pip Account login password;
5.1.4. you and you alone are responsible for all activities that occur on your My Pip Account;
5.1.5. as soon as you have become aware of any unauthorised use or suspected unauthorised use of your My Pip Account or any other breach of security, you will immediately notify us in writing at firstname.lastname@example.org.
5.2. For as long as you remain a User of My Pip we reserve our right (without obligation) to:
5.2.1. monitor your use of My Pip including but not limited to, registration or “friend request” attempts and use of or access to the information and profiles of other Users. This monitoring will at all times be in compliance with our Data Protection and Privacy Policies (available at [website address] and [website address] respectively).
5.2.2. disable any User’s use of or access to My Pip, including the location, information or profiles of other Users;
5.2.3. terminate any User’s My Pip Account for any reason without notice.
5.3. THE PIP has no responsibility for any loss or damage incurred as a result of any interaction between you and any other User. You remain entirely responsible for any such loss or damage incurred at all times. We reserve the right, but we have no obligation, to monitor disagreements between you and other Users. This may lead us to terminate your My Pip Account without further notice.
5.4. We at all times reserve the right to revoke your access to or terminate your My Pip Account, and/or revoke your use of My Pip and to refuse you access without the need to provide you with any reason whatsoever. For the avoidance of doubt, these rights are at our entirely unfettered discretion.
5.5. We have no responsibility for any loss or damage incurred as a result of the termination of your My Pip Account and/or the revocation of your access to your My Pip Account and/or your right to use My Pip. At all times you remain entirely responsible for any such loss or damage incurred.
5.6. In the event that you are in breach of any of the terms of this Agreement including but not limited to the breach of any copyright, intellectual property rights, privacy or rights of any third party or warranties we may seek your explanation of your behaviour before taking any further action. Such forbearance and/or subsequent action if any, is entirely at our discretion.
5.7. We reserve the right to make use of any operational, legal, technological or other means available to enforce this Agreement.
6. How we deal with User Submissions
6.1. My Pip is designed for the proper enjoyment of all its Users and as part of that we allow the submission of content and materials by you and other Users (“User Submissions”). In combination with that, we allow the hosting, sharing and/or publishing of such User Submissions. As set out above, we reserve the right to remove without warning any and all such User Submissions which we deem to be in breach either or both of the terms of this Agreement and/or the law in your specific jurisdiction.
You are solely responsible for your User Submissions and any consequences of posting, publishing or submitting them are entirely your responsibility. In respect of each and every User Submission that you make, you undertake, represent and warrant as follows:
6.1.1. you either own or control personally or have the necessary legally binding licences, rights, consents and permissions to use and authorise THE PIP to use all intellectual property and any other proprietary rights in and to any and all User Submissions made by you to the fullest extent required in order to enable the inclusion of and use of the User Submissions by you in the manner contemplated by My Pip in this Agreement; in addition all such rights must be capable of being given by you and assignable to THE PIP to the fullest extent allowable in law;
6.1.2. you have, prior to making your User Submission, obtained the written consent, release and/or permission of each and every identifiable individual person in the User Submission;
6.1.3. you have their written permission and consent to use their name or likeness for the specific purposes of their inclusion in the User Submission in their full knowledge that it is being used in My Pip and is subject to this Agreement;
6.1.4. you will provide and make available to us and/or our lawyers immediately upon request all such documents that you have in your possession and purport to rely on to adhere to the terms of this Agreement.
6.2. The rights as set out above are without prejudice to your right to continuing ownership subject to the licence provided to THE PIP of your own User Submissions.
6.3. During your access to and use of My Pip it is likely you will be exposed to User Submissions from a variety of sources and THE PIP is not responsible for the accuracy, appropriateness, safety or intellectual property rights of or relating to such User Submissions. THE PIP does not endorse any opinions contained in the User Submissions. In addition, you acknowledge that you subject yourself to other persons’ User Submissions at your own risk and that in so doing you may be exposed to content that is inaccurate, offensive, indecent, objectionable or in bad taste or contravenes the terms of this Agreement. You agree to hold us harmless in respect of any loss or damage, be it physical, financial or otherwise, resulting from any such exposure.
6.4. THE PIP assumes no responsibility to you or to any other party for any loss or damage of whatever nature, in connection with or arising from User Submissions including but not limited to any error or omission. We assume no responsibility for monitoring User Submissions for inappropriate content. If at any time and at our sole discretion we decide to monitor User Submissions then we do so without any obligation to modify or remove any inappropriate User Submissions nor in so doing do we assume any responsibility to you or any other User.
6.5. THE PIP does not endorse and has no control over the content of User Submissions submitted by other Users and we make no warranties express or implied as to the content of User Submissions or the accuracy or reliability of any User Submissions.
6.6. Notwithstanding any other point in this clause 6 we reserve the right to prevent you from submitting User Submissions and to edit and restrict or remove User Submissions for any reason at any time. In using My Pip you agree to respect the fact that User Submissions are owned by the Users who submitted them (subject to THE PIP licence to use such User Submissions as provided for under this Agreement). User Submissions cannot be shared, displayed or duplicated by any other party other than the submitting User except as permitted under this Agreement.
6.7. By making a User Submission using My Pip you are explicitly granting an automatic irrevocable, non-exclusive, royalty free and fully paid worldwide licence to THE PIP to reproduce, distribute, publicly display, perform, prepare, derivative works incorporated in other works and otherwise use your User Submission in My Pip. In addition, you agree to irrevocably waive any claim and assertion of moral rights in respect of your User Submissions.
6.8. You agree that we have no responsibility or liability for the storage or deletion or failure to store or delete any of your User Submissions or other data or information provided by you in the course of using My Pip. Nor are we responsible for maintaining your My Pip Account, or any aspect of My Pip.
6.9. As a User of My Pip you are encouraged to provide us with Feedback regarding My Pip. You hereby agree that all rights in any and all Feedback made by you shall be assigned to THE PIP and that we will have the right to use that Feedback and related information in any manner as we deem appropriate. You should not submit any Feedback that you consider to be confidential or proprietary as we have explicitly explained here that we will consider it to be non-confidential and non-proprietary.
8. The Rules relating to Third Party Websites, Products and Services Links
8.1. Links to Third Party Websites or services are independent of My Pip and we do not endorse any Third Party Websites or any material, products or services contained on them or accessible through them. We make no express or implied warranty with regard to the information, material, products or services that are contained on or accessible through Third Party Websites. Access to Third Party Websites, including information, material, products and services, are entered into by you at your own risk. We reserve the right to remove any such links without notice.
8.2. You accept and understand that THE PIP will allow certain advertisers to place and promote brands, products, offers and general advertising messages on My Pip. We accept no responsibility for the accuracy of such third party advertisements, and the appearance of such an advert or promotion by a third party on My Pip is not an endorsement of that company, its products or services. Users accept that they alone must take responsibility for any agreement or otherwise entered into by way of an interaction or engagement with an advertiser.
It is expressly forbidden for any merchant, company, enterprise or business, whether a commercial or ‘not-for-profit’ organisation, to advertise themselves or any other company, organisation, service, brand or product, directly or indirectly on any part of My Pip without express written agreement from us. All enquiries regarding advertising must be made to email@example.com.
Other than by express written agreement from us, you agree that you will not accept and or facilitate advertisements or promotions from any company, institution, brand, ad agency or advertisers generally. You further agree that you will not use My Pip either directly or indirectly for your own account and benefit or for that of a third party to promote or circulate advertising messages on your own behalf or on behalf of an advertiser.
8.3. Third Party Websites and parties other than THE PIP may provide services or sell products via My Pip. It is your responsibility to carefully review their privacy statements and any other terms and conditions of use as we cannot assume any responsibility for any loss or damage caused by you using their services or purchasing their products.
8.4. If you decide to use Third Party Applications you hereby acknowledge and agree that we may transmit User Submissions to Third Party Websites or Third Party Applications through application protocol interfaces developed and maintained by those Third Party Websites or Third Party Applications. In so doing, we are not responsible for the transmission of User Submissions from My Pip to Third Party Websites or Third Party Applications or the use of those User Submissions on any Third Party Website or Third Party Applications.
Again and for emphasis we expressly state that you should review and be satisfied with the terms of service and privacy policies of any Third Party Websites or Third Party Applications. We are not responsible for, nor do we endorse, any feature, content or material from any Third Party Websites or Third Party Applications. While we reserve the right to refuse or remove any Third Party Websites or Third Party Applications from My Pip, we have no obligation to screen Third Party Websites or Third Party Applications and if you decided to access those you do so at your own risk and on an as is basis without any warranty whatsoever from us as to their actions.
9. Your Limited Licence to Use My Pip
9.1. In order to use My Pip you must have a computing device that is compatible with My Pip. We do not guarantee that My Pip will be compatible with your device and it is your responsibility to ensure that it is. Furthermore you agree that we are not responsible for any loss or damage arising from an interruption in or cessation of the service provided by any third party including but not limited to mobile network or Wi-Fi services providers or operators.
9.2. Subject to the terms of this Agreement and your continued access to My Pip as a My Pip Account holder, we grant you a non-exclusive, non-transferrable, revocable licence to use a compiled code copy of My Pip Apps for one My Pip Account on your device(s) owned or leased solely by you for your use.
9.3. This licence is restricted and you may not:
9.3.1. modify, disassemble, decompile or reverse engineer My Pip Apps or any component of My Pip except to the extent that such restriction is expressly prohibited by law;
9.3.2. rent, lease, loan, resale, sub-licence, distribute or otherwise transfer My Pip Apps to any third party or use My Pip and/or My Pip Apps to provide time-sharing or similar services for any third party;
9.3.3. make any copies of My Pip Apps or any component of My Pip;
9.3.4. remove, circumvent, disable, damage or otherwise interfere with security related features of My Pip, features that prevent or restrict use or copying of any content accessible through My Pip or features that enforce limitations on use of My Pip;
9.3.5. delete the copyright and other proprietary right related notices on My Pip or any My Pip App.
9.4. From time to time we may issue upgraded versions of My Pip and automatically, electronically upgrade the version of any My Pip Apps that you are using on your mobile device. You hereby consent to such an automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply and extend to all such upgrades. Further, you agree that we shall not be liable to you for any such modification even in the event that it causes any loss or damage to you.
9.5. Nothing in this Agreement restricts your right to copy, modify and distribute open source software that is subject to the terms of the GNU General Public Licence or equivalent free software licence. Any open source or third party code that may be incorporated in My Pip or My Pip Apps will be covered by the applicable open source or third party licence EULA, if any, authorising the use of such code. Nothing in this Agreement limits your rights under or grants you rights that supersede the terms and conditions of any applicable end-user licence for such open source software.
9.6. Nothing in this Agreement nor any reference to a grant of a licence to you under this Agreement amounts to or should be considered or treated by you as a sale of My Pip or My Pip Apps, or any copy thereof and THE PIP and/or its third party partners or suppliers retain all right, title and interest in My Pip and My Pip Apps (and any copies thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder except as expressly provided for in this Agreement is void and we reserve all rights not expressly granted under this Agreement.
9.7. The names Pip and My Pip are each a service mark of THE PIP and no use of these marks is permitted except with our prior express written authorisation, all rights reserved.
9.8. The availability of My Pip is dependent on the third party from which you obtained or purchased Pip App(s), e.g. Android Market or Apple App Store, (each an “App Store”). This Agreement and the use of My Pip however, is an agreement exclusively between you and THE PIP and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading one or more Pip Apps from it and those are a separate set of conditions with which you must comply. You hereby agree with and your licence to use Pip Apps is conditioned upon your compliance without exception with all applicable terms and conditions of the App Store.
10. Our Right to Terminate
10.1. 10.1 THE PIP may terminate or suspend your My Pip Account or your use of My Pip or any portion thereof and remove and discard all or any of your My Pip Account or any User Submission at any time. By completing your registration and becoming a User of My Pip you agree that any termination of your access to My Pip or any My Pip Account you may have or any portion thereof may be effected without prior notice and at our discretion and you agree that THE PIP will not be liable to you or any third party for any loss arising or damage incurred from such termination. Any such activity leading to termination or not, may at our sole discretion be referred to the appropriate legal enforcement authorities in your jurisdiction. Our not making any such referral is at our own discretion and is not an implicit or express condoning of or indication that in any way that we agree with the behaviour in question.
10.2. 10.2 You can terminate your My Pip Account at any time. Once your account is terminated, we have the right though not the obligation to delete any User Submissions that you have uploaded or otherwise submitted to My Pip. User Submissions other than your profile may continue to appear on My Pip even after you have terminated your My Pip Account.
10.2.1. To terminate your account, please contact firstname.lastname@example.org
11. We Disclaim All Liability
We disclaim all warranties express or implied including but not limited to implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of proprietary rights in respect of My Pip and any other third party software services or applications made available in conjunction with or through My Pip and these are provided to you on an as available and without warranties of any kind basis. You and you alone assume the entire cost of any services or equipment necessary to access My Pip. You understand and agree that you download or otherwise obtain material or data through the use of My Pip at your own discretion, risk and cost.
12. Limitations of Liability and Damages
12.1. You hereby acknowledge and agree that in no circumstances, including negligence, will we (or our affiliates, contractors, employees, agents or third party partners or suppliers) be liable to you for any ordinary, special, indirect, incidental, punitive, reliance, special, consequential or exemplary damages, or damages of any other form related to or resulting from:
12.1.1. the use, the unauthorised use by a third party, disclosure, maintenance and/or failure of your location information;
12.1.2. your use or inability to use My Pip including but not limited to impaired functionality as a result of or in connection with accessing My Pip via fixed or mobile networking services either currently known or developed in the future;
12.1.3. My Pip generally (including Pip Apps or systems that make My Pip available);
12.1.4. any other interactions with THE PIP or any other User of My Pip, even if THE PIP or a THE PIP authorised representative has been advised of the possibility of such damages.
12.1.5. In addition, you agree that the limitations on liabilities set forth in this section will survive any termination or expiration of this Agreement and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.
My Pip is made available to Users on an “as is” basis, and without any warranty of any kind whatsoever that your use of My Pip will be uninterrupted, error-free, always on or available, or will meet your requirements, or that any defects in the service will be corrected. In addition we specifically disclaim any implied warranties of merchantability, fitness for a particular purpose or non-infringement.
12.2. In no event will our (or our affiliates, contractors, employees, agents, suppliers or third party partners) total liability to you for all damages, losses and causes of action arising out of or relating to this Agreement whether directly or indirectly or your use of My Pip whether in contract, tort (including without limitation negligence), warranty or otherwise, exceed the amount paid by you for accessing My Pip during the 12 months immediately preceding the date of your claim or €20 whichever is the greater.
12.3. Applicable law in some countries or in some States of the United States of America may not allow the limitations or exclusions of liability or incidental or consequential damages as set out above and as such they are amended so that the limitations or exclusions apply to the fullest extent allowable in those jurisdictions.
12.4. The warranty disclaimers and limitations of liability set forth in this Agreement form an essential basis of the agreement between you and us. We will not be able to provide My Pip to you on an economically reasonable basis without these limitations and disclaimers. As such, you acknowledge and agree that we have offered you My Pip and set its prices and entered into this Agreement in reliance upon your adherence to those warranty disclaimers and limitations of liability. You agree to be bound by them and not to oppose or attempt to avoid them in any way.
13. Digital Millennium Copyright Act and the European Union Copyright Directive Compliance the “IP Acts”
13.1. It is our policy to respond to notices of alleged infringement that comply with the IP Acts.
13.2. If you are a copyright owner or an agent thereof, and you believe that any content hosted on My Pip infringes your copyrights, then you may submit in the manner set out below a notification pursuant to the IP Acts by providing us or our nominee the following information:
13.2.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
13.2.2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on My Pip are covered by a single notification, a representative list of such works;
13.2.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
13.2.4. Information sufficient to permit us to contact you, the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
13.2.5. A statement that you the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
13.2.6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).
13.3. Notices of alleged infringement pursuant to the IP Acts should be sent to the following email address: email@example.com. For clarity, only notices concerning breaches of copyright in the form specified should go to this email address. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Any person who knowingly materially misrepresents that material or activity is infringing the IP Acts, may be subject to liability.
14.1. Governing Law
14.1.1. This Agreement shall be governed by and construed in accordance with the Laws of Ireland and the parties agree to submit to the exclusive jurisdiction of the Irish Courts.
14.1.2. You agree that any legal action relating to this Agreement My Pip will be filed only in Ireland and dealt with only in this jurisdiction. Nothing in this Agreement however shall prevent THE PIP from seeking injunctive relief in a court of competent jurisdiction or from bringing an action against you in any other jurisdiction.
14.2. Severability and Waiver
14.2.1. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of THE PIP at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
THE PIP may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on My Pip.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by THE PIP without restriction.
The provisions of this Agreement related to or regarding limitation of liability, disclaimers, and indemnification and, specifically, together with clauses 1, 2, 4, 5, 6, 8, 9 and 11 to 15 inclusive hereby survive any termination of this Agreement or any termination of your use of or subscription to My Pip.
14.6. Headings and Entire Agreement
The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word including means “including without limitation”. This is the entire agreement between us relating to the subject matter herein and it supersedes all previous Agreements purporting to do the same and it shall not be modified except in writing, signed by both parties, or by a change to this Agreement or Guidelines made by THE PIP as set forth in Section 3 herein.
You agree that any action arising out of or related to the pip services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
15. Apple App & Google Play Store Additional Terms and Conditions.
The following additional terms and conditions apply to you if you are using the My Pip Apps from the Apple App and Google Play Stores. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 15, the more restrictive or conflicting terms and conditions in this Section 15 apply, but solely with respect to My Pip Apps downloaded from the Apple App Store.
THE PIP and you acknowledge that this Agreement is concluded between THE PIP and you only, and not with Apple or Google, and THE PIP, not Apple or Google, is solely responsible for My Pip and the content thereof.
To the extent this Agreement provides for usage rules for My Pip that are less restrictive than the Usage Rules set forth for My Pip in, or otherwise is in conflict with, the App Store or Google Play Terms of Service, the more restrictive or conflicting Apple or Google Play term applies.
15.2. Scope of License
The license granted to you for My Pip is limited to a non-transferable license to use My Pip Apps on an iOS and Android Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
15.3. Maintenance and Support
THE PIP is solely responsible for providing any maintenance and support services with respect to My Pip, as specified in this Agreement (if any), or as required under applicable law. THE PIP and you acknowledge that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to My Pip.
THE PIP is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of a My Pip App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the My Pip App to you; and to the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to My Pip Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be THE PIP’s sole responsibility.
15.5. Product Claims
THE PIP and you acknowledge that THE PIP , not Apple or Google, is responsible for addressing any claims of you or any third party relating to My Pip Apps or your possession and/or use of My Pip Apps, including, but not limited to:
15.5.1. product liability claims;
15.5.2. any claim that My Pip Apps fail to conform to any applicable legal or regulatory requirement; and
15.5.3. claims arising under consumer protection or similar legislation.
This Agreement does not limit THE PIP’s liability to you beyond what is permitted by applicable law.
15.6. Intellectual Property Rights
THE PIP and you acknowledge that, in the event of any third party claim that My Pip Apps or your possession and use of My Pip Apps infringes that third party’s intellectual property rights, THE PIP , not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
15.7. Legal Compliance
You represent and warrant that:
15.7.1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
15.7.2. you are not listed on any U.S. Government list of prohibited or restricted parties.
15.8. Developer Name and Address
The address of THE PIP ‘s registered office is set forth in Clause 1 of this Agreement. Any User with questions, complaints or claims in respect of My Pip Apps should email them to firstname.lastname@example.org.
15.9. Third Party Terms of Agreement
You must comply with applicable third party terms of agreement when using My Pip Apps.
15.10. Third Party Beneficiary
THE PIP and you acknowledge and agree that Apple, Google and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
EFFECTIVE DATE: 31 August 2015