In these Terms and Conditions:- "Information" means any and all material contained in this Website “PingGo” and “We / Us / Our” means The PR Machine Ltd, a company registered in Scotland (Company Number SC456172) and with its registered office at 29 York Pl, Edinburgh EH1 3HP “the User” and “you” means you, the user of this Website “the Website” means the website of PingGo operating under URL https://www.ping-go.com
You agree to the following:-
2.1 that you understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
2.2 that you will only view the Information for your own private purpose and will not publish, reproduce, store or retransmit any of the Information contained in the Website at any time;
2.3 that you shall not use the Information for any unlawful purpose or in any unlawful manner;
2.4 that you shall not use the Website or the Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);
2.5 that you shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, experimental, educational or any other use;
2.6 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested in PingGo at all times;
2.7 that you acknowledge that PingGo has no obligation to provide the Website or any Information or to ensure that you are able to use, provide and/or access the Information, and the Website;
2.8 that you will indemnify and keep indemnified PingGo against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under his agreement. In addition, you agree that you will not:-
2.9 say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others;
2.10 advertise or promote third party or your own products or services including by way of the distribution of 'spam' mail;
2.11 use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate;
2.12 distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors;
2.13 impersonate another person;
2.14 transfer files that contain viruses, trojans or other harmful programs;
2.15 use the Website to conduct any fraudulent activity including any "pyramid scheme"; "ponzi scheme" or "chain letter";
2.16 access or attempt to access the accounts of other parties or to penetrate or attempt to penetrate the Website security measures;
All trade marks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned by, licensed or authorised to PingGo, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by PingGo or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal non-commercial use.
5.1 To the fullest extent permitted at law, this Website and its contents is provided on an “as is” basis and makes no (and expressly disclaims all) representations or warranties of any kind, with respect to this Website or its contents or their suitability, reliability or usefulness for any purpose.
5.2 In addition, PingGo does not represent or warrant that the information accessible via this Website is accurate, complete or current.
5.3 While every effort is made to ensure accurate and complete information, PingGo, nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of this Website or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind.
We reserve the right at any time without notice to revise the contents of this site including these Terms and Conditions. Any changes to these Terms and Conditions will be posted on this Website and by continuing to use this site following any such change you will be agreeing to be bound by the revised Terms and Conditions.
7.1 You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this Website.
7.2 You acknowledge that We may be required by law or regulation to access, monitor, store or copy material sent by or to Members without further notice to You.
8.1 This Website may include links to other Internet sites. We do not endorse any such Websites and We are not responsible for the information, material, products or services contained on or accessible through those Websites. Your access and use of such Websites remains solely at your own risk.
8.2 You may link to the Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8.3 You must not establish a link from any website that is not owned by you.
8.4 Our site must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. We expressly reserve the right to withdraw Our consent at any time to a link which in Our sole opinion is inappropriate or controversial.
9.1 In no event will We be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, or the use of this Website or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages, including without limitation any liability for:
9.1.1 loss of income or revenue;
9.1.2 loss of business
9.1.3 loss of profits or contracts;
9.1.4 loss of anticipated savings;
9.1.5 loss of data; 9.1.6 loss of goodwill; or
9.1.7 wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
To the maximum extent permitted by law, We disclaim all implied warranties with regard to the information, services and materials contained on this Website. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.
These Terms and Conditions contain all the terms of your agreement with Us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it and the operation of these Terms and Conditions shall be governed by, construed and interpreted in accordance with the law of Scotland and you agree to submit to the non-exclusive jurisdiction of the Scottish courts.
1.1 These Subscriber Terms and Conditions apply where You choose to subscribe for PingGo Services via the Website. Please examine these Subscriber Terms and Conditions carefully before Subscribing. By clicking "Accept" when Registering You will be deemed to have consented to these Subscriber Terms and Conditions. If You do not agree to these Subscriber Terms and Conditions, then You should not Register.
1.4 PingGo reserves the right to reject any Registration application at our sole discretion.
In these Terms and Conditions:- “Business” means a sole trader, company, firm, corporation or other corporate entity and includes their successors or personal representatives. “Content” means all material created, contributed or uploaded by the Subscriber the Website and/or which is created using the tools provided as part of the Service. “PingGo” and “We / Us / Our” means The PR Machine Ltd, a company registered in Scotland (Company Number SC456172) and with its registered office at 29 York Pl, Edinburgh EH1 3HP. “Registration” means completion of the PingGo online registration process resulting in creation of a Subscriber Account; “Register” and “Registering” means the act of and process leading to Registration. “Services” means the provision of the public relations tools as set out on the Website. “Subscriber” means any Business which subscribes for the Services by completing the Registration process. “Subscriber Account” means the specific statement of Services and associated prices as set out on the Website and selected by the Subscriber upon Registration and as subsequently varied by agreement of the parties. “the Website” means the website of PingGo operating under URL http://www.ping-go.com. “Working Day” means Monday to Friday and excludes 25th December, 26th December, 1st January and 2nd January. “Working Hours” means 9.00 am to 5.00 pm each Working Day.
3.1 You agree that the information that you provide on Registration and at all other times will be true, accurate, current and complete and you agree that You will ensure it is kept accurate and up to date at all times.
3.2 As part of the Registration process, the Subscriber will select a Services plan. The Subscriber may change the Services plan at any time, if this is done mid-month the requisite Subscription Payment will be adjusted on a pro-rata basis.
3.3 PingGo offer chat and email-based support to Subscribers during Working Hours via the intercom app and on firstname.lastname@example.org. PingGo will respond within 24 hours (except if it is not a Working Day and will respond on the next Working Day).
4.1 Upon Registration, You will select a password which You can use to log on to Your Account.
4.2 You agree to notify Us immediately if any unauthorised use of Your password or any other breach of security of which You become aware.
5.1 The prices for Services shall be as set out on our Website as varied from time to time. All prices are shown inclusive of VAT.
5.2 Payment is made by way of monthly charges to your debit or credit card (the ‘Subscription Payment’).
5.3 We accept payment in British pounds sterling only.
5.4 If We are unable to take payment from your card on any occasion, we will notify you accordingly. Should payment not be made within 7 days of such notification, PingGo reserve the right to suspend your Account. In such circumstance You will not be able to access your Account or any Content therein.
5.5 Without prejudice to any other right or remedy available to us, in the event of prolonged or repeated payment problems (which shall be judged by PingGo at our sole discretion), PingGo may terminate the Agreement.
6.1 The Subscriber is responsible for the quality of the Content and must ensure the Content is not misleading, harmful or offensive. The Subscriber is responsible for ensuring that all Content complies with all relevant standards, regulations and legislation.
6.2 The Subscriber is responsible for gaining permission to use any intellectual property which is not owned by the Subscriber. The Subscriber warrants and represents to PingGo that any element of text, graphics, photos, designs, trademarks or other material incorporated in the Content are owned by the Subscriber, or that the Subscriber has permission from the rightful owner to use each of these elements and that PingGo’s use of such material shall not infringe the intellectual property rights of any third party.
7.1 The Subscriber shall indemnify PingGo and keep PingGo indemnified against any liability to any third party arising out of or connected with the Subscriber’s use of the Services.
7.2 The Subscriber hereby indemnifies PingGo against all claims, demands, losses, damages, costs or expenses howsoever arising incurred by PingGo in connection with the Agreement as a result of a breach by the Subscriber of any provision of this Agreement, law or regulation and/or as a result of any third party legal action or threatened action in relation to intellectual property rights infringement whatsoever and howsoever arising. Without prejudice to the foregoing generality the Subscriber indemnifies and holds harmless PingGo from any and all claims, demands, losses, damages, costs or expenses arising out of the Subscriber’s failure to obtain copyright or other Intellectual Property rights or other releases or permissions with respect to any Content.
8.1 Without prejudice to any other rights to which it may be entitled, PingGo may terminate this Agreement with immediate effect if the Subscriber commits any material breach of any of the terms of the Agreement, or if we in our sole discretion believe that the Subscriber Account is being operated in any way disreputably.
8.2 PingGo may terminate the Agreement upon providing 30 days written notice to the Subscriber.
8.3 PingGo may terminate the Agreement immediately if the Subscriber becomes insolvent or is put into liquidation or administration or otherwise ceases to carry on business.
8.4 PingGo may terminate the Agreement in accordance with clause 5.5.
8.5 Following the completion of any trial period, the Subscriber may terminate the Agreement by giving PingGo at any time on written notice. No refund will be provided in respect of any Subscription Payment for the month in which notice of termination is received.
PingGo shall not be liable to you or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Services if the delay or failure was beyond our reasonable control.
If We fail, at any time during the term of the Agreement to insist upon strict performance of any of Your obligations under the Agreement or any of these Subscriber Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
PingGo shall be entitled to subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Subscriber may not assign or transfer any of your rights or obligations without our written consent.
If any provision of these Subscriber Terms and Conditions or any part thereof is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Subscriber Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
We have the right to revise and amend these Subscriber Terms and Conditions from time to time. Any revisions to these Subscriber Terms and Conditions will be notified to You the next time that You log on to the Site as a Member.
14.1 Should any dispute arise in connection with this Agreement, the parties shall attempt to settle same by negotiation however should the dispute not be resolved within 30 days of the first intimation of the dispute then parties shall attempt to settle it by Mediation, in advance of court litigation, in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. 14.2 In the event of a dispute not being settled following mediation, the parties will submit to the non-exclusive jurisdiction of the Scottish courts.
These Subscriber Terms and Conditions shall be governed and construed in accordance with the laws of Scotland.