Pulse App Terms of Use
1. Definitions
1.1 Capitalised terms used in these Terms shall have the following meanings:
“Intellectual Property Rights” means any trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, copyrights, database rights, rights in designs, inventions, semiconductor topography rights, know-how, trade secrets or any similar right exercisable in any part of the world, whether registered or not, and including any applications for the registration of any such rights.
“Loss” or “Losses” means losses, damages, liabilities, judgments, awards, fines, penalties, sanctions, settlements, claims, demands, actions, costs and expenses of whatsoever nature (including, without limitation, attorney/legal fees for both internal and external counsel; costs related to investigation, arbitration, litigation or settlement; loss of profit; loss of revenue; loss of business; loss of data; loss of opportunity; business interruption; and loss of goodwill).
“Personal data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Pulse App” means digital platform branded as “Pulse by Fleet Management”, designed to facilitate engagement, communication, and connectivity among seafarers.
“Pulse App Content” means any data, material or information, in any format whatsoever, including (without limitation) any data files, text, computer software, images, graphics, photos, video clips, sound, audio files, directories or databases, that are made available on or through the Pulse App.
“Pulse App Privacy Policy” means the applicable privacy policy governing the collection, use, and processing of personal data in connection with the Pulse App, as updated from time to time.
“Terms” means these terms and conditions for use of the Pulse App.
“User-Generated Content” means any content submitted, uploaded, or otherwise provided by you through the Pulse App, including but not limited to personal profile picture, self-introduction, interests, comments, or other information voluntarily shared for the purpose of using features within Pulse App.
“user”, “you” or “your” means you, the person or entity registered on Pulse App and who is accessing or viewing the Pulse App.
“we”, “us” or “our” means Fleet Ship Management Inc (“FSMI”). .
2. Acceptance of these Terms
2.1 By using the Pulse App you acknowledge that you have read and understood these Terms, that you agree to be bound by all of its provisions and that you have also automatically agreed to have irrevocably waived any complaint, claim or demand whatsoever against us and our affiliates, and our respective directors, officers, employees and agents with respect to any liability arising from or connected in any way with the use of this Pulse App.
3. Changes to these Terms
3.1 You must comply with these Terms in order to use the Pulse App. The most current version of these Terms can be reviewed on the Pulse App.
3.2 We reserve the right to modify, supplement, or replace any provisions of these Terms from time to time. Any such changes will be effective prospectively upon being made available on the Pulse App or by otherwise notifying you. Your continued access to and use of Pulse App constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you will not be able to access or use the Pulse App.
4. Changes to the Pulse App
4.1 We may, in our sole discretion and at any time, without notice to you, add to, amend, remove, alter, suspend or terminate the Pulse App or Pulse App Content. Any use of the Pulse App by the user after such amendment shall be deemed to constitute acceptance by the user of such amendments or modifications.
5. Your Conduct
You agree that:
- you will not use the Pulse App or Pulse App Content in any way that is unlawful and/or breaches any applicable laws, regulations, codes, guidelines or orders;
- you will not use the Pulse App or Pulse App Content in any way that contravenes or infringes upon any of our rights or those of our affiliates or any third party’s rights (including Intellectual Property Rights);
- you will not use the Pulse App or Pulse App Content to send, communicate or engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing behaviour, or behaviour that causes annoyance, inconvenience, needless anxiety or is intended to deceive;
- you will ensure that any User-Generated Content submitted, uploaded or shared by you of the Pulse App is not misleading or otherwise harmful;
- you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Pulse App or Pulse App Content.
- you will not modify, copy, reproduce, download, re-publish, sell or distribute any part of (or create derivative works) based on any part of the Pulse App or Pulse App Content;
- you will not use the Pulse App or Pulse App Content in a way that could damage us or any of our affiliates’ business interests or reputation, even indirectly or bring them disrepute;
- you will not use the Pulse App or Pulse App Content to express any opinions on behalf of us and/or our affiliates or any vessel on which you are sailing or have sailed, or its owners, charterers, managers or crew members;
- you will not post any confidential information belonging to any third party including the vessel you are sailing on or have sailed on or its owners, charterers, crew members or managers;
- you will not post any personal information of any individual which such individual would not want others to see in the public domain or for which you do not have such individual’s permission;
- you will not use the Pulse App or any Pulse App Content for any purpose not expressly permitted in these Terms;
- you shall not take any action or allow any third party to take any action that would interfere with or disrupt the Pulse App, or the servers and networks through which the Pulse App is operated, or which would enable you, or any third party, to gain unauthorised access to, or to tamper with or use any of our or any of our affiliates’ computer systems or networks; an
- you will not disclose, distribute, use, copy or compile any Personal Data or contact information made available on the Pulse App for any purpose not expressly permitted under these Terms, unless you have obtained our prior written consent, and you shall respect and protect the privacy of other users (including seafarers) whose Personal Data you may access through the Pulse App.
6. Warranties and Disclaimers
6.1 The Pulse App Content is provided for your general informational purposes only, and is not intended to amount to any advice, representations or warranties on which you should rely. It is your responsibility to exercise your own judgment and to obtain professional or specialist advice before taking or refraining from taking any action based on the Pulse App Content.
6.2 You expressly understand and agree that your use of the Pulse App is discretionary and at your sole risk and that the Pulse App is provided “as is” and “as available”.
6.3 To the fullest extent permitted by applicable law, we and our affiliates expressly disclaim all conditions and warranties of any kind, whether express or implied, in relation to the Pulse App or Pulse App Content, including (without limitation) any implied warranties as to merchantability or quality.
6.4 Without prejudice to the generality of clauses 6.1 and 6.2 above, we and our affiliates make no representations or warranties:
- as to the accuracy, completeness, correctness, adequacy, quality, reliability or validity of any of the Pulse App content or any other information or material provided on or through the Pulse App
- that the Pulse App and Pulse App Content will meet your requirements, or are free of any defects, errors, omissions, viruses or anything which may change, erase, add to or damage your software, network, hardware or data;
- that your use of the Pulse App will be uninterrupted, timely, secure or error-free; or
- that any defects or errors in the operation or functionality of the Pulse App will be corrected.
6.5 Any materials, including Pulse App Content, downloaded or otherwise obtained or accessed through the Pulse App is at your sole risk and discretion, and you shall be solely responsible for any damage to your computer system or other devices or loss of data that results from such.
7. Limitation of Liability
7.1 Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.
7.2 To the maximum extent permitted by applicable law, neither we nor our affiliates, nor our respective directors, shareholders, officers, employees, agents or representatives shall be liable for:
- any indirect, incidental, special, punitive, exemplary or consequential loss or damage; or
- any loss of profit, revenue, business, contracts, anticipated savings, data, goodwill, or loss of opportunity,
in each case arising out of or in connection with your use of, or inability to use, the Pulse App, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable or if we have been advised of the possibility of such losses.
7.3 Subject to clause 7.1, our total aggregate liability (and that of our affiliates and our respective directors, officers, employees, agents and representatives) to you for all claims arising out of or in connection with these Terms or your use of the Pulse App shall not exceed USD 10,000.
8. Indemnity
8.1 You hereby agree to indemnify, defend and hold harmless us, our affiliates, and our respective directors, officers, employees and agents (together, the “Indemnified Parties”) from and against any and all Losses arising out of or in connection with:
(a) your breach of, or non-compliance with, these Terms;
(b) your use of the Pulse App, including User-Generated Content;
(c) any infringement or alleged infringement of any intellectual property or other rights of any third party arising from your User-Generated Content or your use of the Pulse App; and
(d) your breach of any applicable laws or regulations, including data protection and privacy laws.
This indemnity shall not apply to the extent that any Losses arise from our fraud or wilful misconduct or from fraud or wilful misconduct of any of the Indemnified Parties.
9. Privacy
Your personal data will be processed in accordance with Pulse App Privacy Policy.
10. Intellectual Property Rights
10.1 You acknowledge and agree that we and/or our affiliates , own all legal rights, titles and interest, including any Intellectual Property Rights, in and to the Pulse App and the Pulse App Content.
10.2 Nothing in these Terms shall give you a right to use any of our (or our affiliates’) trade names, trademarks, service marks, logos, copyright, domain names or any other Intellectual Property Rights.
10.4 By submitting any User-Generated Content to the Pulse App, you grant us and/or our affiliates a non-exclusive, worldwide, royalty-free, and transferable license to use, reproduce, display, and distribute such content solely for the purpose of operating, maintaining, and improving the Pulse App and its features. You represent and warrant that you have all necessary rights to grant this license and that your content does not infringe any third-party rights.
11. Hyperlinks
11.1 The Pulse App may include hyperlinks to other app, content or resources, which are hosted, offered or provided by unrelated third parties or our affiliates. You understand and agree that: such third party app are subject to their own terms and conditions; we and our affiliates have no control over and do not monitor such app, content, or resources; and we and our affiliates make no guarantee, representations or warranties in relation to, and are not responsible for, any such external sites, or the content or resources contained or referred to in them.
12. General
12.1 Governing Law and Jurisdiction
These Terms are governed by the laws of Hong Kong and are subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
12.2 Force Majeure
Without prejudice to the generality of Clauses 6 and 7 above, under no circumstances shall we or our affiliates, and our respective directors, officers, employees and agents be liable for any delay or failure or disruption in relation to the Pulse App or Pulse App Content resulting directly or indirectly from anything beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, labour disputes, war, riots, civil disturbances, shortages of labour or materials, fires, flood, typhoons, earthquakes, explosions, acts of God, actions or orders issued by governmental or regulatory authorities or any courts or tribunal with applicable jurisdiction, or non-performance of third parties.
12.3 Severability
If any of these Terms are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if these Terms had been made without the invalid, illegal or unenforceable terms. Each clause and sub-clause herein shall be treated as a separate and independent provision, and the unenforceability of any one clause shall in not impair the enforceability of any of the other clauses in these Terms.
12.4 Entire Agreement
These Terms contain the entire agreement between you and us and replaces all previous written or oral agreements in relation to the Pulse App and Pulse App Content.
12.5 Waiver
A failure or delay by us to exercise any right or act upon a breach under these Terms will not be a waiver of that right or breach. Any waiver by us of any of our rights or of a breach of these Terms must be in writing, and such waiver is limited to that particular right or breach stated therein.
12.6 Assignment
You may not transfer any of your rights or obligations under these Terms without our written consent. We may transfer our rights or obligations or both to any person or entity, including any of our affiliates, without your consent.
12.7 Language
These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail.
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