TERMS AND CONDITIONS
Application
By accessing, visiting, and/or utilising the website of pulsedesigns.org and/or any of the products and/or services provided via the website and/or registering and/or subscribing to and/or opening an account (whether electronically or otherwise) with pulsedesigns.org and/or buying any of our products and/or services, you accept and agree to adhere to the terms and conditions contained herein and acknowledge that these Terms and Conditions constitute a legally binding agreement between yourself and pulsedesigns.org.
You may not use our products for any illegal or unauthorised purpose nor may you, violate any laws in your jurisdiction (including but not limited to copyright laws).
Registering, Guest Check Out & Using the Website.
If you choose to register on the website, you must provide a unique username and password as well as certain personal details and/or information such as an email address, and a cell phone number, to Pulsedesigns.org.
You acknowledge that you will only use your username and password to access the Website and to purchase products and that you will not disclose your username and password to any third party.
You agree to notify Pulsedesigns.org immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and that you will take the necessary steps to mitigate any resultant loss and/or damage.
By using the Website, you warrant that you are 18 (eighteen) years of age and/or older. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the supervision of your legal guardian and/or parent. If your legal guardian and/or parent give their consent, they agree to be bound to these Terms and Conditions and the entirety of these Terms and Conditions.
You may not use the Website to distribute any material, electronic or otherwise which is defamatory, offensive, contains or amounts to hate speech or is in anyway unlawful or harmful.
You may not display, publish, copy, print, post or use the Website and/or the information contained herein without the express prior written consent of an Pulsedesigns.org representative.
Copyright and intellectual property
All copyright, trademarks, logos, names, designs, service marks, proprietary rights, goodwill, intellectual property rights, materials, texts, information, illustrations and data on the Website or modifications thereof (whether registered or unregistered) are owned by Pulsedesigns.org, alternatively, Pulsedesigns.org is the lawful user and licensor thereof, and is protected under international intellectual property laws. Nothing contained on the Website should be construed as granting any licence or right to use any of the intellectual property without the prior written consent of Pulsedesigns.org.
Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such intellectual property or any component thereof by a user will be an infringement of such rights of Pulsedesigns.org and you hereby indemnify Pulsedesigns.org and any third party against any loss, liability, damage, claim, action or expense of whatsoever nature (whether direct, indirect, specific, incidental or consequential) which Pulsedesigns.org or any third party may suffer which is caused by or attributable to your unauthorised use of the intellectual property.
All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in the Website are granted to you.
Liability
Pulsedesigns.org’s Website, products and services are provided without any representations or warranties, express or implied.
You acknowledge and agree that neither Pulsedesigns.org nor any directors, employees, agents or representatives of Pulsedesigns.org are liable for any loss or damage which may be incurred through accessing, using of or registering on the Website. This includes, but is not limited to, any direct loss, any indirect, special or consequential loss, whether with respect to any business losses,
loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, loss or corruption of information or data, or any loss whatsoever.
To the fullest extent permitted in law, you the client, shall and undertakes to, defend, indemnify, and hold harmless Pulsedesigns.org., its officers, directors, employees, agents, representatives and affiliates, for any losses, costs, damages, liabilities and expenses (including legal fees) relating to or arising out of your use of Pulsedesigns.org.’s services, products and/or Website and/or your breach of these Terms and Conditions.
Pulsedesigns.org and its affiliates disclaim all liability, howsoever arising and of whatsoever nature, for the acts or omissions of another client (including unauthorized users, or “hackers”) of the Website.
Any views or statements made or expressed on the Website are not necessarily the views of Pulsedesigns.org, its owners, shareholders, directors, employees and/or agents. Pulsedesigns.org does not accept any responsibility for any errors or omissions on Pulsedesigns.org.
We and our subsidiaries, affiliates, any of our respective agents, officers, directors, employees, information providers or content providers specifically do not make any warranties, representations, and/or guarantees regarding the accuracy or completeness of any information or services supplied and advertised on the Website.
In addition to the disclaimers contained elsewhere in these Terms and Conditions,
Pulsedesigns.org.also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans or any other data which is able to corrupt, destroy, compromise, disrupt, disable, harm and/or jeopardise your computer system, computer network, hardware or software in any way.
Pulsedesigns.org does do not warrant that your use of the Website or any service provided will be uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Website will be corrected.
Terms and Conditions of Sale
Registered Users and/or Guests (Guest Check Out) may place orders for products as long as the products are available and have not been sold out.
An agreement of sale between you and Pulsedesigns.org will come into effect upon completion of payment or payment authorisation being received by Pulsedesigns.org and by delivery of the products to you.
Whilst Pulsedesigns.org will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the products when the products are available.
Data Protection
Pulsedesigns.org may be required to process personal information about you.
Pulsedesigns.org’s privacy policy sets out the way Pulsedesigns.org processes personal information
which is collected from you and the purpose of such processing (“Privacy Policy”).
By consenting to these Terms and Conditions, you hereby confirm that you have read the
Privacy Policy, understand its contents and consent to the processing of your personal
information in accordance with the Privacy Policy as required for the uses set out therein.
General
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these terms and the remaining provisions shall be enforced to the full extent of the law.
Pulsedesigns.org’s failure to act with respect to a breach by you or others does not constitute a waiver of Pulsedesigns.org’s right to act with respect to subsequent or similar breaches.
You shall not be entitled to cede any of your rights or assign any rights or delegate any
obligations that you may have in terms of these terms to any third party without the prior written consent of Pulsedesigns.org.
No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
The head notes to the paragraphs to these terms are inserted for reference purposes only and
shall not affect the interpretation of any of the provisions to which they relate.
Words importing the singular shall include the plural and vice versa, and words importing the
masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities and trusts.
These terms set forth the entire understanding and agreement between the parties with respect
to the subject matter hereof.