Terms and Conditions

Terms of Use

Please Read Carefully Before Using This Website: The following terms and conditions (“Terms of Use”) govern your use of the pimsimple (“pimsimple”) Website (the “Site”). By using the Site and/or any information, content or materials made available on the Site, you irrevocably agree that such use is subject to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site.

pimsimple expressly reserves the right to modify the Terms of Use at any time in its sole discretion, and without notice to you, by including such alteration and/or modification in these Terms of Use. Any continued use by you of the Site after the posting of such modified Terms of Use shall be deemed to indicate your irrevocable agreement to such modified Terms of Use. Accordingly, if at any time you do not agree to be subject to any modified Terms of Use, you may no longer use the Site.

These terms and conditions, together with any documents referred to herein (the “Terms”) tell you the conditions on which you may make use of the Services (as defined below) offered by pimsimple Limited (a company incorporated in England and Wales with registered number: 12360975) (“pimsimple”). Use of Services includes accessing, browsing, or registering to use the Website (as defined below).

1. Site content

1. 1.1 pimsimple Content: Except as may be otherwise noted, the information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, datasheets, product descriptions, software and FAQs and other content) available on or from this website (collectively, “pimsimple Content”) are the copyrighted works of pimsimple and its licensors, and pimsimple and its licensors expressly retain all right title and interest in and to the pimsimple Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Use, any use of the pimsimple Content may violate copyright and/or other applicable laws.

1. 1.2 Third Party Content: In addition to pimsimple Content, the Site may contain information and materials provided to pimsimple by third parties (collectively, “Third Party Content”). Third-Party Content is the copyrighted work of its owner, which expressly retains all right title and interest in and to the Third-Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Use, Third Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.

1. 1.3 Limited Site Content License: Except as provided in Section 1.4 below, pimsimple grants you the limited, revocable, non-transferable, non-exclusive right to use the Site and the associated pimsimple Content and Third Party Content (collectively, “Site Content”) by displaying the Site Content on your computer, and downloading and printing pages from the Site under the condition that (i) such activity is solely for your personal, education or other non-commercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Site Content and (v) you do not copy any Site Content to any other media or other storage format.

1. 1.4 User Content: If you elect to display, post, submit or otherwise make available to others, on the Site any content or works of authorship, including, without limitation, images, software, audio files, text, or any other materials (collectively, “User Content”), you hereby grant to pimsimple a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute such User Content, for any purpose. In addition, you hereby irrevocably represent and warrant to pimsimple that (i) you have all necessary power, authority, right, title and/or licenses to grant to pimsimple the foregoing right and license and (ii) the posting, submission, display by you of User Content on the Site, and the exercise by pimsimple of the foregoing license does not and will not (1) violate any law or (2) infringe any intellectual property right of any third party. You hereby irrevocably agree to indemnify, defend and hold pimsimple, its affiliates, directors, officers, employees and agents harmless from and against any and all loss, costs, damages, liabilities and expenses arising out of or related to any third party claim resulting from a breach of the foregoing representations and warranties.

1. 1.5 Software: To the extent that the Site contains pimsimple Content or Third Party Content that is software available for download (“Software”), such Software is subject to, and your use of such Software is governed by, an applicable license agreement (each a “License Agreement”) accompanying, provided with, linked to or embedded in, such Software. You may not use any Software unless you first read and agree to all of the terms and conditions of the applicable License Agreement.

1. ANY SOFTWARE AVAILABLE ON THE SITE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT, OR TO THE EXTENT NOT PERMITTED UNDER APPLICABLE LAW, PIMSIMPLE EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

1. 1.6 Trademarks: All trademarks, service marks and logos included on the Site (“Marks”) are the property of pimsimple or third parties, and you may not use such Marks without the express, prior written consent of pimsimple or the applicable third party.

1. 1.7 Monitoring of Site Content: pimsimple may, but is not obligated to, monitor Site Content, User Content and your use of the Site. pimsimple reserves the right to accept, reject or modify any Site Content or User Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any Site Content or User Content.

2. Your Use of the Site

1. 2.1 Submission of User Content: In connection with your use of the Site, you agree not to submit any User Content which (i) is unlawful, (ii) violates any right of publicity or invades the privacy of others, (iii) constitutes obscene, pornographic, indecent, profane or otherwise objectionable material, (iv) is discriminatory, hateful or bigoted toward, or abusive of, any group or individual, (v) is libellous or defamatory or (vi) violates any applicable law or government regulation.

1. 2.2 Prohibited Conduct: You may not use the Site to post, transmit or link to (i) any advertisement, promotional materials or solicitation related to any product or service that is competitive with pimsimple products or services or (ii) software or programs which contain any harmful code, including, but not limited to, viruses, worms, time bombs or Trojan horses. You may not deploy to the Site any robot, spider, site search/retrieval application, or other application designed to retrieve, index, “data mine,” information from the Site.

1. 2.3 Registered Users: If you become a registered user of the Site in order to gain access to support or other limited access parts of the Site, you agree (i) that the information you provide to pimsimple in connection with your registration will be current, complete and accurate, (ii) not to choose a user name that violates any law or the intellectual property rights of others, or is offensive; provided that pimsimple reserves the right to reject the use of any user name for any reason or no reason, (iii) not to transfer, sell, convey or assign the right to use the Site to any third party without the prior written consent of pimsimple and (iv) not to permit any third party to use your user name and password to access the Site. You further agree that you are responsible for the conduct of any party that uses your account, whether or not authorized by you, and for any breach of the security of the Site related to the use of your username and/or password.

1. 2.4 Indemnification: You hereby irrevocably agree to indemnify, defend and hold pimsimple, its affiliates, directors, officers, employees and agents harmless from and against any and all losses, costs, damages, liabilities and expenses (including attorneys’ fees) arising out of or related to your use of the Site.

3. Linked Websites

1. 3.1 The Site may contain links to other websites that are not owned or operated by pimsimple, and you agree that pimsimple provides links to such websites solely as a convenience and has no responsibility for the content or availability of such websites and that pimsimple does not endorse such websites or any products or services associated therewith. Your use of such websites will be subject to the terms of use applicable to each such website.

4. Disclaimer of Warranties

1. 4.1 Warranty Disclaimer: THE SITE AND THE SITE CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND PIMSIMPLE MAKES NO WARRANTY THAT THE SITE OR THE SITE CONTENT IS COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. ON BEHALF OF ITSELF AND ITS LICENSORS, PIMSIMPLE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, AVAILABILITY OF THE SITE AND THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE AND/OR THE SITE CONTENT RESTS WITH YOU AND PIMSIMPLE MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE AVAILABILITY WILL BE UNINTERRUPTED, OR THE SITE AND/OR THE SITE CONTENT WILL BE ERROR-FREE.

5. Privacy

1. 5.1 You acknowledge that you have read, understand and agree to pimsimple’s Privacy Policy located here.

6. Location of Site and your Use

1. 6.1 pimsimple operates or controls the operation of this Site from offices in Retford, United Kingdom. In addition, the Site may be mirrored, and other websites operated or controlled by pimsimple may be located, in various countries. pimsimple makes no representation or warranty that all of the features of this Site will be available to you from specific countries, or that they are permitted to be accessed from any country. You acknowledge that you are solely responsible for any decision by you to use of this Site from your locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.

7. Payments and Invoicing

1. 7.1. The Customer shall pay for use of the Services in accordance with the fees, charges and billing terms set out in the Confirmation Email (the “Fees”). Fees quoted are exclusive of, and the Customer shall pay, all taxes, duties, levies, fees or other similar charges (including, without limitation, VAT).

8. Confidentiality

1. 8.1. Neither pimsimple nor the Customer shall, even after the expiration of the Agreement use or disclose to any third parties any Confidential Information which such party has received from the other. “Confidential Information” shall mean any information, technical, commercial or of any other kind, whether written, oral or in electronic form, except such information which is publicly known or which has come to the public knowledge in any other way than through breach of this secrecy undertaking, or has been: (i) independently developed without access to such party’s Confidential Information; (ii) rightfully received from a third party; or (iii) required to be disclosed by law or by a governmental authority.

1. 8.2. If you choose, or you are provided with, a login email address, user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

9. Third-Party Claims

1. 9.1. In the event that the Customer is notified by a third party that such party claims rights in the Services or that use of the Services infringes the rights of such third party, the Customer agrees to immediately notify pimsimple and at pimsimple’s request to immediately cease to use the Services.

10. Limits on Liability

1. 10.1. The Customer shall hold harmless and indemnify pimsimple from and against any liability, costs (including without limitation any legal or other professional costs), expenses, losses, damages (including any direct, indirect or consequential losses, loss of profit, loss of business opportunity, loss of reputation), interest and penalties suffered or incurred by pimsimple arising from or in any way related to: (i) its use of the Services (except to the extent such claims arise directly from a breach of applicable law by pimsimple); or (ii) its breach of the Agreement. In such a case, pimsimple will provide that the Customer with written notice of such claim, suit or action.

1. 10.2. In no event shall pimsimple’s aggregate liability under the Agreement exceed the value corresponding to three months’ use of the Services. In no event shall pimsimple be liable under the Agreement for any indirect, special, incidental or consequential damage, including but not limited to, any damages for loss of profits or revenue by the Customer, any business interruption, any loss of anticipated savings, any loss of goodwill, opportunity or reputation, whether based in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable.

1. 10.3. Nothing in the Agreement shall be construed as excluding or limiting pimsimple’s liability for: (i) death or personal injury caused by pimsimple’s negligence; or (ii) fraud; (iii) any liability which cannot be excluded or limited under applicable law.

11. Termination

1. 11.1. Without prejudice to the remainder of the Agreement or any remedies available at law or in equity, pimsimple may immediately suspend or terminate the Customer’s use of the Services, without liability or refund, if: (i) any payment that the Customer owes to pimsimple is declined, rejected or reversed for any reason whatsoever during the Subscription Term; and/or (ii) the Customer breaches any of the terms of the Agreement.

1. 11.2. Either party shall be entitled to terminate the Agreement with immediate effect by serving written notice on the other party in the following circumstances: (i) if the other party commits a material breach of any of its obligations under the Agreement which is not capable of remedy; (ii) if the other party commits a material breach of any of its obligations under the Agreement which is not remedied within twenty-eight (28) days after receipt of a notice from the party not in breach specifying the breach, requiring its remedy and making clear that failure to remedy may result in termination; and/or (iii) (in the case of termination by pimsimple only) if pimsimple loses the right to distribute any Data or third party software or to provide the Services as contemplated by the Agreement.

1. 11.3. The Agreement may be terminated by pimsimple at any time upon it giving to the Customer no less than sixty (60) days’ prior written notice of termination. If pimsimple terminates the Agreement according to this paragraph during the Subscription Term, where the Customer has paid fees to pimsimple in advance, pimsimple will refund an appropriate pro-rata portion of the fees paid by the Customer for the remainder of such term.

1. 11.4. Termination of the Agreement (or of any element of it) shall not affect any rights, obligations or liabilities of either party which have accrued before termination (including, without limitation, payment obligations) or which are expressly stated to continue to have effect beyond termination.

1. 11.5. Upon termination of the Agreement, the Customer’s access to the Services will cease and the Customer will take all commercially reasonable steps to permanently delete any copies of any Data or other material owned by pimsimple from its electronic systems, except that the Customer may retain a copy of Data accessed by the Customer prior to the termination of the Agreement for archival and backup purposes, solely to the extent necessary to document the Customer’s compliance with any applicable legal and contractual customer identification and “know-your-customer” obligations.

12. Beta Software

Elements of the system that are labeled as “beta” are to be used entirely at the users own risk.  It is important to understand that these areas are typically still in the testing phase and users engaging with beta features agree to do so acknowledging that these features may contain bugs, errors, or other issues that could potentially impact their experience. pimsimple take no responsibility for elements of the system which is labeled “beta”.

13. General

These Terms of Use constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of a purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected.
These Terms of Use supersede all prior or contemporaneous discussions, proposals and agreements between you and pimsimple relating to the subject matter hereof. No amendment, modification or waiver of any provision of these Terms of Use will be effective unless in writing and signed by an officer of pimsimple. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by pimsimple may be implied from any actions or failures to enforce rights under these Terms of Use.
These Terms of Use are intended to be and are solely for the benefit of pimsimple and you and do not create any right in favour of any third party. These Terms of Use will be governed by and construed in accordance with the laws of England & Wales without reference to its conflict of laws principles. All disputes arising out of or relating to these Terms of Use will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in England & Wales, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue. All notices must be in writing and will be effective three (3) days after the date sent.