PukkaTeam Terms & Conditions

The following terms and conditions govern all use of PukkaTeam.com.

Scope of Terms

The following terms and conditions govern all use of the pukkateam.com, the website, all content published, the services and products available at or through the website, (taken together, the Website)

PukkaTeam's internet communication software applications ("Internet Communications Software"), including any updates, improvements, amendments, fixes and future versions thereto ("Updates"), whether made available for free or at a cost, (collectively the "The Software") are licensed (not sold) to you by PukkaTeam. The Software is owned and operated by isev limited. "PukkaTeam" is a trading name of isev limited. The Software, the Product and the Website are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, PukkaTeam’s Privacy Policy) and procedures that may be published from time to time on this Site by PukkaTeam (collectively, the "Agreement").

"Product" means collectively the Free Products and Paid For Products;

Please read this Agreement carefully before accessing or using the Software, Product or the Website. By accessing or using any part of the Software, the Product and the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Software, Product or the Website or use any services. If these terms and conditions are considered an offer by PukkaTeam, acceptance is expressly limited to these terms. The Software, Product or the Website are available only to individuals who are at least 13 years old.

Your PukkaTeam.com Account and Site

If you create an account on the Software, Product or the Website, it is your responsibility alone to maintain the security of your account and all activities and actions taken in connection with the profile.

Any unauthorised uses of your profile, account or any other breaches of security must be immediately reported to PukkaTeam. PukkaTeam will not be liable for any acts of omission by you, for damages of any kind, as a result of such acts of omission.

You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and PukkaTeam may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause PukkaTeam liability.

If you operate a profile, chat with that profile or any material you post, including, but not limited to text, graphics, audio files, streaming video or computer software (hereby referred to as “Content”), you are entirely responsible for and any harm resulting from that Content.

Any Content you make available, whether that is through downloading, viewing, copying and use of that Content, will not infringe the proprietary rights including, but not limited to the copyright, patent, trademark, or trade secret rights of any third party. If your employer has rights to intellectual property you create, you must either;

  1. Receive permission from your employer to make available the Content, including, but not limited to any software or
  2. Secured a waiver from your employer as to all rights to the Content, complied with any third-party licenses relating to the Content and have done everything you must to successfully pass through to end users and requirement terms.

Any Content you make available must not contain or install any viruses, worms, malware, trojan horses or any other harmful or destructive content; the Content is not spam or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other profiles and websites, and similar unsolicited promotional methods; your profile is not named in a manner that misleads your viewers into thinking that you are another person or company.

For example, your profile's URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by PukkaTeam or otherwise.

Without limiting any of those representations or warranties, PukkaTeam has the right (though not the obligation) to, in PukkaTeam’s sole discretion

  1. refuse or remove any content that, in PukkaTeam’s reasonable opinion, violates any PukkaTeam policy or is in any way harmful or objectionable, or
  2. terminate or deny access to and use of the Software, Product or the Website to any individual or entity for any reason, in PukkaTeam's sole discretion. PukkaTeam will have no obligation to provide a refund of any amounts previously paid.

Lawful Use

You must use the Software, Products and the Website in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the Software, Products and/or the Website. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or the Website where you are located.

Equipment

In order to use the Software and the Products you will need an Internet broadband connection. It is solely up to you to research beforehand any incompatibility or limitations of the Software, Product or Website including, but not limited to website browsers, operating systems and any other applications required to effectively run them. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams.

Use of Your Equipment

The Internet Communications Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Internet Communications Software users.

If your Internet Communications Software is dependent upon third-party owned or controlled processor and bandwidth, by using the Internet Communications Software you acknowledge you have obtained consent from the relevant third party for such use.

Updates to the Software

PukkaTeam may make updates to the Software or Product where you may be required to re-accept the Terms to continue use of the Software or Product. These updates are required to maintain the compatibility, provide security updates or bug fixes, or offer new features, functionality or versions. You agree to receive such updates from PukkaTeam in order to continue using the PukkaTeam Product and you agree to accept such Updates subject to these Terms.

Suspension, technical improvement and maintenance

From time to time, PukkaTeam may need to perform maintenance on or upgrade the Software, Products or PukkaTeam Websites or the underlying infrastructure that enables you to use the Software, Products or the Website.

This may temporarily suspend or limit your use to some or all of the Software, Products or the Website until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, PukkaTeam will publish the time and date of suspensions or limitations on the PukkaTeam Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or the Website.

Content of Communications

PukkaTeam is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software. Any content and communication made is entirely the responsibility of the person who sent the content, and you may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable.

You are solely responsible for the content you communicate using the Software, and you must ensure that you submit any content that may be;

  1. copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner
  2. a falsehood or misrepresentation
  3. offensive, unlawful, harmful to minors, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable;
  4. an advertisement or solicitation of business; or
  5. impersonating another person.

PukkaTeam reserves the right (but has no obligation) to review content for the purpose of enforcing these Terms. PukkaTeam may in its sole discretion remove content of communications as part of its effort to protect the Software, Products or its customers, or otherwise enforce these Terms.

PukkaTeam may in its sole discretion, terminate these Terms and your User Account and remove the content if you are found to be in breach of these Terms.

Quality

PukkaTeam cannot guarantee that there will be no errors, delays or disruptions with the Software, Products or the Website. There may be a number of factors that impact the quality of your communications and use of the Software, Products or Website, and may result in the failure of your communications, PukkaTeam takes no responsibility caused by any failure or inadequacy over any items we have no control over, this includes but is not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply.

Reports

We may ask the through the Website or Software for written suggestions or problem reports, using our email addresses or contact for (“Reports”). Please read any additional Terms of the which govern those Reports carefully.

Any Reports submitted will be deemed as the property of PukkaTeam, and PukkaTeam shall exclusively own the rights to those Reports and be entitled to use them for any purposes they want, commercial or otherwise without compensation to the provider. Any Reports sent to PukkaTeam will not be treated as confidential (unless otherwise stated) and will not be liable for any disclosure of the reports.

Paid Services

For continued Use of the Software, the Product or the Website, you will be required payment of fees (the "Paid Services"). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.

Paid Services are limited licenses for you to use particular for-pay aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind.

You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of the Services. PukkaTeam may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.

Purchases of Paid Services are final and non-refundable, except at PukkaTeam’s sole discretion and in accordance with the rules governing each such Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of existing Paid Services.

PukkaTeam may change its prices for Paid Services at any time. For any changes in price to Paid Services, to the extent applicable, PukkaTeam will provide you reasonable notice by posting the new prices on or through the applicable Paid Service and/or by sending you email notification. You are under no obligation to pay the new prices, and may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.

Recurring Payments

Where you purchase on a subscription basis (monthly), you acknowledge and agree that this is a recurring payment and payments shall be made to PukkaTeam by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Product is terminated by you or by PukkaTeam.

Responsibility of Website Visitors

PukkaTeam has not, and cannot review all material posted to the Software, Product or Website, and cannot be held responsible for the material’s content, use or effect. By using the Software, Product or Website, PukkaTeam does not represent or imply that it endoreses the material there posted, or that it believes such material to be accurate, useful or non-harmful.

It is solely your responsibility to take the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

PukkaTeam disclaims any responsibility for any harm resulting from the use by visitors of The Software, Product or the Website, or from any downloading by those visitors of content there posted, this includes but is not limited to content that is offensive, indecent, or otherwise objectionable, content containing technical inaccuracies, typographical or visual mistakes, and other errors, contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.

Content Posted on Other Websites

PukkaTeam have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which pukkateam.com links, and that link to pukkateam.com

PukkaTeam does not have any control over websites and webpages that are non-PukkaTeam or that is has no affiliation with, and is not responsible for their contents or their use. By linking to a non-PukkaTeam website or webpage, PukkaTeam does not represent or imply that it endorses such website or webpage.

You are solely responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PukkaTeam disclaims any responsibility for any harm resulting from your use of non-PukkaTeam websites and webpages.

Copyright Infringement

PukkaTeam asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by pukkateam.com violates your copyright, you are encouraged to notify PukkaTeam. PukkaTeam will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. PukkaTeam will terminate a visitor's access to and use of the Software, Product or the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of PukkaTeam or others. In the case of such termination, PukkaTeam will have no obligation to provide a refund of any amounts previously paid to PukkaTeam.

Intellectual Property

This Agreement does not transfer from PukkaTeam to you any PukkaTeam or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PukkaTeam. PukkaTeam, PukkaTeam.com, the PukkaTeam.com logo, and all other trademarks, service marks, graphics and logos used in connection with PukkaTeam.com, the Software, Product or the Website are trademarks or registered trademarks of PukkaTeam or PukkaTeam's licensors.

Other trademarks, service marks, graphics and logos used in connection with the Software, Product or the Website may be the trademarks of other third parties. Your use of the Software, Product or the Website grants you no right or license to reproduce or otherwise use any PukkaTeam or third-party trademarks.

Advertisements

PukkaTeam reserves the right to display advertisements on your account.

Changes

PukkaTeam reserves the right to and at its sole discretion, modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Software, Product or the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Any new features, tools or updates to PukkaTeam will be subject to the terms in this Agreement.

Termination

PukkaTeam may terminate your access to all or any part of the Software, Product or the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PukkaTeam.com account (if you have one), you may simply discontinue using the Software, Product or the Website. Notwithstanding the foregoing, if you have any paid service or account provided by PukkaTeam, such account can only be terminated by PukkaTeam if you materially breach this Agreement and fail to cure such breach within thirty (30) days from PukkaTeam's notice to you thereof; provided that, PukkaTeam can terminate the Software, Product or the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Software, Product or the Website is provided "as is". PukkaTeam and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

PukkaTeam makes no warranty that the Software, Product or Website will be free from errors or that access will be uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Software, Product or the Website at your own discretion and risk.

Limitation of Liability

PukkaTeam, its suppliers or licensors will not be held accountable or liable to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

  1. any special, incidental or consequential damages;
  2. the cost of procurement for substitute products or services;
  3. for interruption of use or loss or corruption of data; or
  4. for any amounts that exceed the fees paid by you to PukkaTeam under this agreement during the twelve (12) month period prior to the cause of action.

PukkaTeam shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that

  1. your use of the Software, Product or the Website will be in strict accordance with the PukkaTeam Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and
  2. your use of the Software, Product or the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless PukkaTeam, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Software, Product or the Website, including but not limited to your violation of this Agreement.

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