Pulsi Terms & Conditions

1General Terms

1.1These Terms and Conditions (Terms) govern the access and use of all applications, websites, apps, links, products, surveys, pulsi’s, services, content and the Pulsi Platform made available by Pulsi Pty Ltd 657 248 792 (Pulsi) by the Customer, Users and all parties who visit the Pulsi Website.

1.2These Terms replace any existing terms agreed between the Parties and apply to all agreements (including any existing arrangements at the date of this agreement) for the supply of Services to the Users and the access and use the Pulsi Platform and Pulsi Website.

1.3By visiting or using the Pulsi Website or Pulsi Platform or any Services offered by Pulsi, all User’s represent and affirm that they have read, understood and agreed to be bound by these Terms, are of the legal age to accept the Terms, and agree to these Terms.

1.4If a User does not agree to any of the Terms then such User is not permitted to use the Pulsi Platform and must cease using the Services on the Pulsi Platform immediately.

1.5All defined terms in these Terms have the meaning given to them in the definitions outlined in clause 31.

2Variation

2.1Pulsi may elect to modify, amend, alter, delete or replace these Terms at any time.

2.2If Pulsi elects to rely on clause 2, Pulsi will send a notification to every User to their nominated email address that was used to create an account on the Pulsi Platform.

2.3A User agrees to any updated terms by continuing to use the Pulsi Platform after the Terms have been updated. If any User has any issue with the Terms or any updates, then the User should either terminate their account immediately or notify Pulsi immediately and in the interim cease using the Pulsi Platform.

3Relationship between Pulsi and the User

3.1These Terms apply to a User’s access to and use of the Services.

3.2Every User acknowledge that Pulsi does not provide any Services, but provides the Pulsi Platform which allows Customers use the Services.

3.3The Terms outline Pulsi’s and the User’s obligations and responsibilities by using the Pulsi Platform.

3.4These Terms do not create any agency, partnership, employee/employer contract, joint venture, conjunctional agent, contractor relationship between any User and Pulsi.

4Pulsi Platform Account and Subscriptions

4.1Each Customer must create an account to have access to the Services on the Pulsi Platform.

4.2On the creation of a Pulsi Account, the Customer must select which package they wish to be subscribed to. These may be changed at the discretion of Pulsi from time to time, which includes a price increase and credit offering for the packages.

4.3If a trial is selected (if offered by Pulsi, whether weekly or monthly), then the Customer acknowledges that upon the lapsing of such trial the access to the Services will end. In the circumstances, the Customer must then select a package in order to continue using the Pulsi Platform. The Customer acknowledges that the trial may incur fees however at a discounted rate, at the discretion of Pulsi to alter and update from time to time.

4.4The updated and latest packages will be available for viewing on the Pulsi website.

4.5The Customer acknowledges and agrees that the payment plans for the packages are as follows:

1. on a yearly contract, paid month to month, with the first payment due on the day the package is selected; or
2. on a yearly contract, paid upfront for the entire year; or
3. any other offering provided by Pulsi, at the discretion of Pulsi.

5Pulsi Subscription Additional Terms

5.1Once a Customer selects an offered package on the Pulsi Platform to access the Services, then the Customer must select the payment plan for such package as specified in clause 4.5 or such other packages as added or varied from time to time.

5.2The Customer acknowledges and agrees that all Pulsi packages are a locked in contract for one year from the commencement of the subscription. The year commences on the day the first payment amount is received (whether the first month, or upfront yearly payment).

5.3The yearly contract will automatically be renewed on a year-to-year basis unless the Customer cancels the package subscription within one (1) Business Day from the yearly anniversary of the date the subscription began. Pulsi will provide reasonable notice to the Customer that their package subscription is approaching renewal.

5.4A Customer may cancel or deactivate their subscription at any time. If this occurs:

1. and the Customer paid the upfront yearly subscription fee, then the Customer will not be entitled to any refund nor will this amount roll over or be applied to any new subscription in the future; or
2. If the Customer is on a month-to-month payment plan, then Customer’s account will be deleted on the last date of the yearly contract date. The Customer acknowledges they will be liable to pay the entire year of subscription fees despite when the cancellation or deactivation date falls.

5.5If a Customer subscribes to a package they acknowledge and agree that once the Customer has selected a package and entered into such contract (and paying the first month or upfront yearly payment), then the package plan is binding on the Customer.

5.6A Customer may not downgrade their package once the subscription has been selected.

5.7A Customer only has the right to use the Pulsi Platform by paying the subscription fee relevant to the selected package they have subscribed to.

6Abandonment or Cancellation of Pulsi Account

6.1A Customer may stop using the Pulsi Platform at any time for any reason.

6.2If a Customer deactivates or deletes their Pulsi Account, then all active Services will be cancelled and recalled.

6.3If a Customer is inactive on their Pulsi Account the Customer’s data uploaded to their Pulsi Account (being the Recipient Identification Data) will remain on the Pulsi Platform for:

1. The duration of their yearly contract; and
2. For twelve (12) months following the end of their yearly contract.

6.4Once the period has lapsed as outlined in clause 6.3, then the Customer acknowledges and agrees that their data uploaded to the Pulsi Platform (being the Recipient Identification Data) may be deleted by Pulsi at their discretion. The Customer acknowledges that they have no recourse in Pulsi deleting a Customer’s data in accordance with clause 6.3.

6.5The Customer acknowledges and agrees that they will not be entitled to any refunds or additional credits in any Services being cancelled due to a result of that Customer deactivating or deleting their Pulsi Account.

6.6Pulsi reserves the right to cancel a Customer’s Pulsi account and delete or deactivate their Pulsi package and subscription at any time if Pulsi reasonably believes that the Platform is being used in connection with any of the Prohibited Purposes or Activities. If Pulsi relies on this clause, then the Customer acknowledges and agrees that they have no right to receive any refund of any monetary amounts paid in advance (or have the ability to not pay the future monthly payments to the remainder of the yearly subscription contract).

7Pulsi Packages

7.1Once The Customer has subscribed to a package, the Customer acknowledges that each package is allocated a number of SMS per month that Customer can use.

7.2The Customer acknowledges that each monthly SMS amount is not transferrable and will not roll over to the following amount if all SMS amounts were not used within that calendar month.

7.3The Customer may send a Service to a Recipient as per the Recipient Identification Data they have entered into the Pulsi Platform.

7.4If the Customer wishes to send Services to more Recipients than their monthly subscription allows, the Customer may separately purchase more SMS amounts for that calendar month. The Customer acknowledges that these SMS amounts must be used in that calendar month and they do not roll over to the second calendar month.

8The Services

8.1The Customer acknowledges and agrees that once they have access to the Services on the Pulsi Platform, the Customer:

1. has sole responsibility for the forms, tables, surveys, data, gestures and any other content created or generated from the Customer using the Pulsi Platform and engaging in the Services;
2. is liable to create their own forms, tables, surveys, data and other content which will be generated and circulated to the Recipients;
3. agrees that Pulsi is not responsible for and takes no obligation in ensuring the data being circulated to the Recipients is correct, free from errors or typographical errors. It is highly encouraged and recommended that the Customer review the data and information thoroughly before circulating the Services to the Recipients.

8.2On access to the Services on the Pulsi Platform, the Customer is solely responsible for creating their own forms, tables, surveys, data, gestures and content which will be finalised by the Customer then circulated to the selected Recipients.

8.3The Customer may upload any data, information, images, videos, audio or anything else which may be added into the Services circulated to the Recipients, provided it does not breach clause 11.

8.4The Customer acknowledges that the data circulated to Recipients can become content available to the public and Pulsi is not liable or responsible for ensuring such information remains confidential.

8.5In using the Services, the Customer acknowledges that the content will become public and they grant Pulsi the right to full license, use, distribute, display such content, including displaying the User’s forms on the Pulsi Website and Pulsi Platform.

8.6The Customer agrees to not assert any copyright claim or other intellectual property claim or right in forms, data, information or otherwise that the Customer builds or creates in using the Pulsi Platform and Services, and the Customer waives any such legal claims against Pulsi in relation to anything uploaded to the Pulsi Platform and/or circulated to any Recipients.

9Recipients

9.1The Customer must upload the Recipient Identification Data to the Pulsi Platform to be able to use the Services.

9.2The Recipient Identification Data includes, but is not limited to:

1. An individual, company or business full name (which may include a group identifier, such as a department within a company); and
2. The direct mobile number to that contact.

9.3On uploading a Recipient Identification Data onto the Pulsi Platform, the Customer may filter and categorise the Recipient into categories.

9.4On the Customer creating the Services, the Customer must select which Recipients who will receive that specific Service that has been created by the Customer on the Pulsi Platform.

9.5The Customer acknowledges that they can only send Services to a Recipient uploaded on the Pulsi Platform, and Pulsi take no responsibility in ensuring the Recipient Identification Data is correct or entered correctly.

9.6All Recipient Identification Data will be saved in the Customer’s Pulsi account unless the account is deleted by Pulsi or the Customer. The Customer acknowledges that they have no right in recourse in regaining the Recipient Identification Data and other data once their account has been deleted and Pulsi is not responsible for the loss of Recipient Identification Data or other data derived from the Services or uploaded on the Pulsi Platform. If a Customer has not been active on their Pulsi Account, the Customer acknowledges that their account will be deleted in accordance with clause 6.

9.7Pursuant to clause 14.1(f), the Customer grants Pulsi a perpetual, irrevocable, non-terminable, worldwide, fully paid, royalty-free, non-exclusive, worldwide license to use, copy, distribute, publicly display, modify, make derivative works, and sublicense any Recipient Identification Data.

10Circulation of Services

10.1Once the Customer has created the surveys, links, data, information, gestures, tables, clips, audio and any other content for circulation to the Recipients, the Customer must:

1. Review all information to ensure it does not breach any of these Terms;
2. Review all information to ensure they have happy with the data and that it does not contain any errors; and
3. Ensure they are satisfied with the final product and Services which will be circulated to the Recipients.

10.2The Customer acknowledges and agrees that the Customer may only circulate the Services to a number of Recipients that falls within their subscription package per SMS. If the Customer does not have enough data in their monthly subscription to circulate to the desired amount of Recipients, the Customer has the ability to add more credit to their monthly package to send the Services to more Recipients.

10.3The Customer acknowledges and agrees that it will not circulate any services to:

1. Anyone under the age of eighteen (18) years old;
2. Anything that will breach clause 11 of these Terms.

10.4If for any reason the Customer circulates the Services to the Recipients and the Customer is required to cancel the circulated Services for any reason, the Customer acknowledges that they will not be recredited any SMS amounts for any Services which have already been sent.

10.5The Customer acknowledges and agrees that no follow up SMS will be circulated to any Recipient who does not complete the Services received by the Customer.

10.6Pulsi is not responsible for issuing any follow up SMSs to any Recipients, nor issuing any new SMSs if the Recipients entered mobile number is incorrect by the Customer. The Customer is responsible for ensuring all Recipient Identification Data is accurate and correct.

11Restrictions on the Pulsi Platform

11.1All Customers assume full responsibility for the use of the Services on the Pulsi Platform and Pulsi Website.

11.2You may not share your log in credentials or passwords or allow anyone else to use or access the Services using your account.

11.3All User’s agree that in using the Services and Pulsi Platform they will comply with all applicable laws and regulations. This means not violating any laws, legal rights including third party privacy rights or intellectual property rights.

11.4All Customer’s acknowledge and agree that the Services or Pulsi Platform must not be used in connection with any of the following:

1. any type of illegal activity or crime;
2. gathering, collating, holding or storing any legal documentation or documentation that include binding legal consent;
3. email solicitation;
4. spamming, phishing or any similar type of action;
5. breaching in any individual, business, entity or companies privacy or intellectual property rights;
6. engaging in financial fraud, schemes, pyramid schemes, computer fraud or other such computer crimes;
7. defamation, discrimination, intimidation, harassment actions or behaviours;
8. the encouragement, facilitating, coercion, funding of any criminal or other illegal activities;
9. encouraging, promoting or requesting any form of violence or harm;
10. belittling, revenge porn, any explicit materials, explicit videos or images, violence, bullying or harm to others;
11. requesting credit card information or highly sensitive information (such as log in credentials or passport or drivers licence information);
12. Forms that include fields for the submitter to provide the personal information of any third party where the submitter does not have the permission of the third party to provide such information;
13. Including other parties copyright or trademarked content or trade secrets in your form(s) without that party’s permission;
14. promoting any products or services which would breach or violate these Terms; or
15. requesting, collecting or gathering any type of sexually explicit content or promoting or encouraging prostitution or other such activities.

11.5All User’s acknowledge and agree that Pulsi is not responsible for how User’s engage with the Services or Pulsi Platform.

11.6All User’s acknowledge and agree that Pulsi has the absolute and unconditional right to remove any form that Pulsi in its sole discretion believe is being used or may be used in connection with any of the Prohibited Purposes or Activities.

11.7Pulsi reserves the right to remove any Services or Customer’s access to the Pulsi Website if Pulsi believes, that the Services are being used in connection with any of the Prohibited Purposes or Activities.

11.8Pulsi may also restrict any User from accessing or using the Pulsi Platform in whole or part, at any time and effective immediately without providing any notice to such User in circumstances where Pulsi, at their sole discretion, suspects that:

1. The User has, or is likely to breach these Terms,
2. A User does not, or Pulsi reasonably believes they do not qualify under applicable law or policies of Pulsi to access and/or use the Pulsi Platform,
3. A User breaches any of the items at clause 11.4,
4. Any User is under the age of eighteen (18) years old,

11.9Pulsi may also cease offering or deny access to a User to the Pulsi Platform (by restricting or deactivating access to the Pulsi Platform, including banning a User’s email address and mobile number from signing up again to the Pulsi Platform):

1. Immediately where a third-party makes a report to Pulsi about a User, where Pulsi becomes aware that such User has engaged in illegal activity in any respect or in any way would tarnish the reputation of Pulsi,
2. By providing immediate notice to the User where Pulsi terminates these Terms for any legitimate business, legal or regulatory reason.

11.10Pulsi does not permit any Prohibited Purposes or Activities on the Pulsi Platform and all Users will release Pulsi from any liability, damage, injury or death arising out of (whether directly or indirectly) any User breaching this clause 11 and engaging in any Prohibited Purposes or Activities.

11.11All Users acknowledge and confirm that it is not Pulsi’s responsibility to ensure no User is incorrectly using the Pulsi Platform and engaging in a Prohibited Purposes or Activities.

12Bank Accounts

12.1In order to use the Pulsi Platform:

1. the Customer must enter into the Pulsi Platform bank account details (or bank card) of where the Total Fees will be pre-authorised from, and automatically deducted from upon a Customer selecting and entering into a Pulsi package.
2. The Customer acknowledges, agrees and authorises Pulsi, to automatically deduct the Total Fees applicable (when due and payable, being either monthly or yearly), and
3. The Customer must upload a new bank card of where the Total Fees are to be automatically deducted from should their current card details uploaded on the Pulsi Platform for any reason expire or be cancelled.

13Pulsi Obligations

13.1Pulsi only provides the Pulsi Platform, which allows Customer to use the Services on the Pulsi Platform.

13.2A User must be a natural person, business or entity.

13.3Pulsi has complete discretion to cancel or refuse any person who registers or creates an account with Pulsi for any reason.

13.4Pulsi is not liable for any aspect of the Customer and Recipient interaction. This includes an accurate description, information, data, content of the Services.

13.5Pulsi takes no responsibility and make no warranty as to the accuracy of any information provided by any Users, including (but not limited to), a Customer circulating any Services, or a Recipient in completing any Services.

13.6Pulsi take no obligation or responsibility in ensuring that the Services are completed by any Recipient, and the Customer acknowledges and agrees that the completion of any Services is the Recipient’s obligation, not Pulsi. The Customer has no legal recourse if the Recipients do not complete the Services circulated to the Recipients from the Customer.

13.7The Pulsi Platform is provided on an as is where is basis and Pulsi makes no representation or warranty as to the condition of the Pulsi Platform and the conditions for use by a User, whether express or implied.

13.8Pulsi has no responsibility or obligation to any User to assist, involve, guide, create or manage the Services.

13.9All Users acknowledge and agree that Pulsi bears no responsibility as to the suitability of any Services. Pulsi does not undertake any investigations or reviews of any Users before gaining entry to the Pulsi Platform, which includes any criminal checks, any verifications of qualifications or licenses.

13.10The Customer acknowledges and agrees that the Customer is solely liable for the Services to be completed in a manner and expectation satisfactory to the Customer.

13.11The Users release, indemnify and hold harmless Pulsi from all responsibility, liability and risk from any loss, liability, injury, defamation, death, damage or costs arising from, whether directly or indirectly, anything to do with the Services including any consequential loss.

13.12Pulsi is not responsible for any Recipient responding to any of the Services, which includes any response rates. Pulsi is not responsible for the delivery of any Services (being SMS/MMS) to any Recipients, noting that Recipients may have or could block a Customer or have such delivery of Services diverted to spam. In using the Pulsi Platform, the Customer acknowledges and agrees to the contents of this clause.

14Customer Obligations

14.1The Customer understands and agrees that:

1. The Customer is solely responsible for creating the Services to be circulated to the Recipients;
2. The Customer is solely responsible for uploading the Recipient Identification Data which the Services will be circulated to; and
3. The Customer assumes all risks and agrees to expressly release, indemnify and hold harmless Pulsi from any and all loss, defamation, crime liability, injury, death, damage, or costs arising or in any way related to the Services.
4. They will comply with these Terms (including any new Terms adopted), post accurate information on the Pulsi Platform, abide by all laws and legislations or in no way engage in any criminal, illegal or immoral activity on the Pulsi Platform or any Prohibited Purposes or Activities.
5. They will not give their Pulsi Platform access to anyone else, nor allow any other individual to complete Services on their behalf. This includes transferring or selling your account to another person. You must notify Pulsi immediately if for any reason you lose access to your account on the Pulsi Platform or suspect another person is using your account.
6. They grant Pulsi a perpetual, irrevocable, non-terminable, worldwide, fully paid, royalty-free, non-exclusive, worldwide license to use, copy, distribute, publicly display, modify, make derivative works, and sublicense any Recipient Identification Data and User Content.
7. No information is to be posted or uploaded on the Pulsi Platform which may be potentially or actually harmful (including any potential economic loss) to Pulsi or any other User or person.
8. They will not post, upload or supply on the Pulsi Platform anything that is false, inaccurate or misleading or deceptive, fraudulent or involve stolen goods, items or counterfeit, infringe any third party’s trademark, copyright, trade secret, intellectual property, confidentiality or otherwise, be defamatory, threatening or harassing, include provocative, obscene or inappropriate materials, contain malicious data or information, anything containing viruses (such as worms, cancelbots, time bombs, trogan horses, easter eggs or any other computer program that could damage, modify, hack, delete or interfere with the Pulsi Platform or any personal information uploaded from a Customer.

14.2Pulsi reserve the right to remove any content, Service or otherwise on the Pulsi Platform, suspend or cancel any accounts if they reasonably believe any obligation or term has been breached under the Terms.

15Pulsi Fees

15.1Except for any free trial version of the Pulsi Platform, a Customer’s right to use the Pulsi Platform depends on the User’s timely payment of the relevant Subscription Fee and Additional Fees (if any).

15.2The Customer is bound to pay the Subscription Fee and Additional Fees (if any).

15.3All fees, charges (including the Subscription Fee) are non-cancellable and non-refundable.

15.4Pulsi charges sales taxes on subscriptions where they are required to do so under applicable law. No other taxes will be charged. The User is responsible for payment of any and all taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties, that may be imposed on the User by any governing authority in any jurisdiction in connection with the User’s subscription.

15.5Pulsi reserve the right to amend the Subscription Fee or any other fee or charge applicable in these terms (including amending the Terms to insert new fees) from time to time. If this applies, Pulsi will send a notification to each User that the terms have been updated. If a User accesses and uses the Pulsi Platform after the terms have been updated then they actively agree to the amended terms. If a Customer has entered into a subscription then the updated fees will apply at the end of the yearly contract automatically (unless terminated prior by the Customer).

15.6For the avoidance of doubt, the Customer provides irrevocable authorisation for Pulsi to deduct the Subscription Fee from the Customer’ Bank Account.

16Pulsi Account

16.1Pulsi uses Stripe to operate the Pulsi Account.

16.2The Users acknowledge that the terms and conditions at https://stripe.com/en-au/legal/ssa are incorporated into these Terms and will prevail if there are any inconsistencies in relation to the Pulsi Account only. In Users using the Pulsi Platform they agree to the terms and conditions specified in this clause.

17User Content

17.1Each User acknowledges and agrees that all User Content whether publicly posted or privately transmitted is the sole responsibility of the person from who such User Content originated.

17.2The Customer accepts and agrees that the Customer has sole responsibility for the User Content that Customer receives or collects from or in the forms that the Customer creates or uses in connection with the Pulsi Platform and for what the Customer does with that User Content.

17.3Pulsi may use any User Content publicly transmitted on the Pulsi Website or in the Service in whole or in part in any form.

17.4Pursuant to clause 14.1(f), the Customer grants Pulsi a perpetual, irrevocable, non-terminable, worldwide, fully paid, royalty-free, non-exclusive, worldwide license to use, copy, distribute, publicly display, modify, make derivative works, and sublicense any User Content the Customer submits or makes available through the Pulsi Website.

17.5Pulsi does not control the User Content originating from Users or Recipients and does not guarantee the accuracy, integrity, or quality of such User Content.

18Pulsi Proprietary Rights

18.1All right, title and interest in and to the Pulsi Platform and Pulsi Website, the Services and other content and materials related thereto and the technology and infrastructure used to provide them, are proprietary to Pulsi and shall at all times remain the sole and exclusive property of Pulsi and are protected by applicable intellectual property laws.

18.2The Customer acknowledges that all data and information related to the Pulsi Website or collected by way of the Services on the Pulsi Website (excluding User Content that is the responsibility of the person from who such User Content originated) is the sole and exclusive property of Pulsi. The Customer acknowledges that it does not acquire any ownership rights in or to the Services or the data collected by way of the Service, and the Customer agrees not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or through the Pulsi Website or Services.

18.3A Customer should not upload any information to the Pulsi Platform that they consider to be confidential and they do not wish Pulsi to use, modify, distribute, sell or otherwise. This includes the Recipient Identification Data.

19Privacy and EU Data

19.1See Pulsi’s Privacy Policy for more information on how Pulsi gathers, uses, and discloses personal and private information to which Pulsi is given access in connection with our provision and operation of the Pulsi Platform – including your personal information.

19.2In registering an account with the Pulsi Platform, each User consent for Pulsi to use, process and store all and any personal information uploaded in accordance with Pulsi’s Privacy Policy. This includes providing such information to any thirdparty as required by legislation or for assessing personal data.

19.3All Users must comply with Privacy laws and much ensure that any and all Confidential Information is kept confidential and is also dealt with in accordance with such Privacy Laws.

19.4If the Customer collects personal data in or from the European Union or European Union residents, the Customer must use the European Union Safe Forms feature of Pulsi Platform.

19.5Users acknowledge that Pulsi cannot guarantee any Users identity to remain anonymous. Noting this, Pulsi is not liable for any fraud, identity theft or other behaviour, consequence or action that results from any information being uploaded to the Pulsi Platform. Pulsi reserves its rights to verify or reverify any User of which such User must comply with any requests.

20Limitation Of Liability

20.1Pulsi is not liable for any loss, damage, crime, defamation whether such loss or damage is actual, direct, indirect or consequential, of all kind and nature, whether known or unknown (disclosed or undisclosed), arising from or out of, in any way anything connected with any Services created or sent to any Recipient.

20.2Pulsi is not liable or responsible for any loss, damage, expense or consequential loss suffered by any User or third party arising in any way out of, or connected with Pulsi or the Pulsi Platform.

20.3Pulsi is not liable for any resupplying, replacing, repairing or amending any Services being provided, whether or not they are provided at an unsatisfactory standard or not, including whether or not a breach has occurred.

20.4The Services provided by Pulsi disclaims all implied representations and warranties, including (without limitation) any implied warranty, fitness for a particular purpose and non-infringement of third-party rights to the maximum extent permitted by law.

20.5If a Customer wishes to rely on any information submitted by a Recipient, a Customer does so at their own risk.

21Indemnity

21.1Each Customer indemnifies Pulsi from all lawsuit (including those brought by third parties) arising out of your engagement with the Services and Pulsi Platform or your use, collection or disclosure of any data or information on the Platform.

21.2The Customer indemnifies Pulsi from all damages, costs, liabilities arising out of any data uploaded by the Customer on the Pulsi Platform of which Pulsi may use, modify, sell, export or anything else.

22Disclaimer of Third Party Content

22.1The Customer acknowledges and agrees that when using the Pulsi Website, the Customer will be exposed to other users’ comments and third-party content from a variety of sources, and that Pulsi is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such other Users’ comments or third party content.

22.2The Customer further understands and acknowledges that the Customer may be exposed to other Users’ comments and third-party content that may be defamatory, offensive, indecent, inaccurate, obscene, pornographic or objectionable, and the Customer agrees to waive, and hereby does waive, any legal or equitable rights or remedies you have or may have against Pulsi with respect thereto.

22.3The Customer is responsible for viewing and abiding by any privacy statements and terms of use posted in connection with these links. The Customer agrees that the Services may include advertisements and that these advertisements are necessary for Pulsi to provide the Service.

22.4The Customer further understand that the Services may include certain communications from Pulsi that the Customer cannot opt out of receiving.

23Other Provisions

23.1A User may not display or use the Pulsi trademark or logo without prior written consent from Pulsi.

23.2A Customer must not suggest or otherwise falsely appear to be affiliated with Pulsi.

23.3A User may not assignment any or all of their rights or obligations under these Terms without the prior written consent of Pulsi.

24Notices

24.1A notice must be in writing and handed personally or sent by fax, email or prepaid mail to the User or Pulsi (through the contact us page). Notices sent by mail are deemed to be received 5 days after posting.

24.2Notices sent by fax or email are deemed received on confirmation of transmission.

25Complaints

25.1Any User may contact Pulsi under the ‘Contact Us’ section if they wish to submit a complaint. Pulsi’s complaint team will assist where possible.

26Intellectual Property

26.1In these Terms, intellectual property means any form of intellectual property capable of being granted protection at law including, but not limited to registered and unregistered trade marks, patents, designs, trade secrets, drawings, reports, calculations and other deliverables.

26.2Any intellectual owned by Pulsi prior to commencement of these Terms will remain the property of Pulsi and the User acknowledges that nothing in these Terms will be construed as transferring title in or ownership of any intellectual property to the User.

27Miscellaneous

27.1Pulsi’s failure to enforce any of these Terms will not be construed as a waiver of any of Pulsi’s rights.

27.2If any of these Terms are unenforceable, it will be read down to be enforceable or, if it cannot be read down, the term will be severed from these Terms without affecting the enforceability of the remaining Terms.

27.3A notice must be in writing and handed personally or sent by fax, email or prepaid mail to the addressee. Notices sent by mail are deemed to be received 5 days after posting.

27.4Notices sent by fax or email are deemed received on confirmation of transmission.

27.5The User acknowledges that no oral terms or representations form part of these Terms.

27.6The law of Queensland from time to time governs these Terms.

27.7To the extent of any discrepancy between these Terms and any third party (including the User’s own) Terms, these Terms prevail.

27.8These Terms constitute the entire agreement between the parties and no amendment or variation will be of any force and effect unless Pulsi elects, at its full discretion to do so.

27.9Pulsi will not be liable for any loss or damage suffered by a User due to any delay or any breach or default under these Terms in circumstances where such delay, breach or default results from causes beyond Pulsi’s control including but not limited to acts of God, fires, flood, adverse weather, strikes, lockouts, factory shutdowns or alterations, embargoes, wars, riots, delay or shortage in transportation.

27.10Pulsi shall be under no liability whatsoever to the User for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the User arising out of a breach by another User of these terms and conditions.

27.11Pulsi may license or sub-contract all or any part of its rights and obligations without the User’s consent.

27.12The failure by Pulsi to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect Pulsi’s right to subsequently enforce that provision.

27.13The provisions of these Terms are severable and if any provision or clause in these Terms are held to be unenforceable or invalid then such provision may be removed or deleted and the remaining terms and provisions will be enforceable on the parties.

27.14Pulsi reserves the right to amend, alter, or delete any provisions or clauses in these Terms.

27.15These Terms set out the entire agreement between the User and Pulsi.

28SMS

28.1Pulsi may from time-to-time SMS Users (including Recipients) for:

1. Promotional purposes, such as including offers, coupons, invitations etc,
2. Informational purposes, such as providing necessary updates and alerts, and
3. Conversational purposes, for example support requests.

28.2In using the Pulsi Platform:

1. all Customers consent to receiving SMS communications from Pulsi.
2. All Customers acknowledge and agree that MSG charges may apply.
3. All Customers agree to receive SMS based on the information and data they have provided.

28.3If a User wishes to contact Pulsi with respect of the SMS communications or any other purpose in relation to the Pulsi Platform or these Terms please visit the ‘Contact Us’ on Pulsi Website.

28.4A User may opt-out of receiving SMS communications at an time.

29Interpretation

29.1In these Terms, if any provision of these Terms is ambiguous, it is to be interpreted broadly to widen and not restrict the provisions, and, unless the context otherwise requires:

1. headings and boldings are for convenience only and do not affect the interpretation of this document;
2. words importing the singular include the plural and vice versa;
3. words importing a gender include any gender and neutral gender;
4. other parts of speech and grammatical forms of a word or phrase defined in this document have a corresponding meaning;
5. an expression importing a natural person includes any company or form of corporation, trust or trustee, partnership, joint venture, association, unincorporated body, Governmental Agency or any other entity, regardless of whether it is considered a separate legal entity;
6. a reference to ‘month’ means a calendar month;
7. any reference to a time in Australian eastern standard time;
8. any reference to ‘dollars’ or ‘$’ refers to the lawful currency of the Commonwealth of Australia;
9. a reference to any thing [including, but not limited to, any right] includes a part of that thing but nothing in this clause implies that performance of part of an obligation constitutes performance of the obligation;
10. a reference to a clause, party, annexure, exhibit or schedule is a reference to a clause of, and a party, annexure, exhibit and schedule to, this document and a reference to this document includes a reference to the background and any annexure, exhibit and schedule;
11. a reference to a statute, regulation, proclamation, ordinance, law or by law includes all statutes, regulations, proclamations, ordinances or by laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by laws issued under that statute;
12. a reference to a document includes all amendments, variations or supplements to, replacements or novations of, that document;
13. a reference to a party to a document includes that party’s successors, LPR and permitted assigns;
14. an obligation or warranty on the part of 2 or more persons binds them jointly and severally and an obligation or warranty in favour of 2 or more persons benefits them jointly and severally;
15. a reference to an agreement other than this document includes any encumbrance, guarantee, undertaking, deed, agreement or legally enforceable arrangement or understanding whether or not in writing;
16. a reference to an asset includes all property of any nature, as well as a business, and all rights, revenues and benefits;
17. a reference to a document includes an agreement in writing, or any certificate, notice, instrument or other document of any kind; and
18. a reference to writing includes typing, copying, printing, facsimile, and any other manner of representing words, symbols, drawings, figures or diagrams in electronically or in a manner that is visible and tangible.

29.2Each party acknowledges that it has read and understood this document and has had the opportunity to obtain independent financial and legal advice about its terms.

30Definitions

ACLMeans the Australian Consumer Law

Additional FeesMeans any additional fees payable by the Customer, such as but not limited to, additional SMS/MMS add-ons to a month. This includes, but is not limited to Stripe Processing Fee, bacons and beacon starter packs (which includes a one off charge), customised solutions and consulting services to set up complex organisation structures.

Business DayMeans a day which is not a weekend or public holiday in Queensland, Australia.

ClaimMeans any claim, action, proceeding, damage, loss, cost, expense or liability of any nature whatsoever [whether actual, contingent or prospective].

Confidential InformationMeans these Terms and conditions.

CustomerMeans an individual, company, entity or business which creates an account and subscribes to the Services on the Pulsi Platform.

Customers Bank AccountMeans the Customer’s bank account details or card details submitted in accordance with clause 12.

PartiesMeans Pulsi, the Customer and if relevant, the Recipient.

Privacy LawsMeans the Privacy Act 1988 (Cth) and any rules, regulations or principals created, enacted or enforced pursuant to that act.

Privacy PolicyMeans the privacy policy of Pulsi available on the Pulsi Platform

Prohibited Purposes or ActivitiesMeans the items listed at clause 11.4

PulsiMeans Pulsi Pty Ltd 657 248 792

ServicesMeans the surveys, links, data, information, gesturs, tables, clips, audio and any other content created on the Pulsi Platform and/or SMSd/MMSd, forwarded, directed to or provided to any Recipient.

StripeMeans the payment processing platform known as Stripe, Stripe | Financial Infrastructure for the Internet

Stripe Processing FeeMeans the fee deducted by Stripe in using the Stripe Platform. This fee is contained within the Stripe terms and conditions and may be subject to change at any given time. The current Stripe Processing Fee is 1.57% of the amount being paid.

TermsMeans these terms and conditions, which includes any variations.

Total FeesMeans the Subscription Fee and any Additional Fees.

Pulsi AccountMeans the account created to receive payment from and make payments to Users and Pulsi.

Pulsi PlatformMeans the Pulsi building platform on the Pulsi Website

Pulsi WebsiteMeans www.Pulsi.com, which may be updated from time to time.

RecipientMeans any individual, company, entity, client, business or otherwise who receives the Services (being a pulsi, survey, data, completion engagement) from a Customer. Recipients means a multiple Recipients.

Recipient Identification DataMeans the data of Recipients identified in clause 9.2.

Subscription FeeMeans the yearly subscription fee payable by the Customer for engaging in the Services based on the package selected by the Customer.

UserMeans every Customer and all parties who visit the Pulsi website.

User ContentMeans all survey questions, responses, information, data, text, software, music, sound, photographs, images, video, survey responses, messages or other materials communicated or transmitted using the Pulsi Site and the Service.