Terms and Conditions
Last modified: October 23, 2023
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE "SUBMIT" BUTTON YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT CREATE AN ACCOUNT.
Terms of Service for Authorised User
We are PUSHME LIMITED of 13 Elkwood, Rathfarnham, Dublin 16 D16 N8K3, Ireland (“PushMe”). The following Terms of Service and any documents referred to below (all such terms and documents together referred to as the "Terms") govern the legal relationship between you and PushMe in relation to your use of our web application (accessible at the URL https://www.pushme.ie/) (the “Web App”) and any mobile app “PushMe” we may make accessible on Apple iOS and/or Google Android (the "Mobile App") (the Web App and Mobile App together being the “App” and all as further defined below) and any updates to those. Please note that the relevant Platform’s (defined below) terms and conditions also apply to your use of any App we provide from time to time (the “Platform Terms”). If there is any conflict between these Terms and the Platform Terms, these Terms shall prevail unless stated otherwise herein. Our App allows Authorised Users (defined below) to access an employee coaching and mentoring platform that is built upon the latest research in behavioural and performance science, and provides a service to keep you motivated, educated and engaged every step of the way. You must not use our App if you are under the age of 18 and/or do not have a valid and relevant work permit to work in Ireland and you hereby warrant that you are 18 years old or over and have such work permit.
1. Acceptance of these Terms
(a) By clicking on the “submit” button or otherwise completing the registration process online, you are deemed to have read and accepted these Terms prior to using either the Mobile App or the Web App as a registered user.
(b) Where relevant, by clicking on the “submit” button and downloading the App you represent and warrant to us that: (i) your access and use of the Mobile App will be in accordance with these Terms and with all applicable laws, rules and regulations of Ireland and any other relevant jurisdictions; (ii) the information you provide to us is true and accurate and you will update such information when necessary; and (iii) you are legally entitled to own the device you are using to access and use the App and you legally own or control your account.
(c) You acknowledge and agree that these Terms apply from the date on which you click “submit” or otherwise complete the registration process online and that the other relevant documents mentioned at clause 4 below apply from the date you first visited our website or downloaded the Mobile App. Further you acknowledge and agree that the Terms apply to your use of our App and that the Terms form a legally binding contract between you and PushMe.
(d) If you disagree with these Terms you must not click “submit” or otherwise register an account with us.
(e) In order to use the Services (defined below) you must register as an Authorised User and accept these Terms. We reserve the right to decline or cancel your registration at any time for any reason subject to clause 9 below.
App: PushMe’s software platform and application, which can be accessed via the Web App and from the Mobile App via Apple iOS and Google Android, enables Authorised Users to access the employee coaching and mentoring services described above, and consists of: the domain name www.pushme.ie (and all other domain names from which the Web App can be accessed); the Features; the content offered from and generated by the App (including all text, information, data, software, executable code, images, audio or video material in whatever medium or form); the App’s look and feel, graphic user interface and functionality; and, the software (including the algorithm) (in object code and source code format) that powers both the Web App and the Mobile App and that is used to provide the content on it (including any error corrections, updates, upgrades, modifications and enhancements to it made by us).
Authorised User: an employee of the Customer, as defined below.
Customer: an organisation which licences our Web App and/or the Mobile App for the purposes of motivating, educating and engaging its workforce.
Features: the App features that include but are not limited you to:
(a) access professional coaches from a variety of business backgrounds;
(b) access articles and research from the latest behavioural and performance science;
(c) set regular goals to help develop your sense of personal ownership and accountability, and to keep you motivated.
We reserve our right to amend, withdraw and add to our Features from time to time at our discretion.
Intellectual Property:, rights to inventions; copyright and related rights; trade marks, trade names, domain names, rights in get-up, goodwill and the right to sue for passing off; unfair competition rights; rights in designs; all rights whatsoever in computer programs, firmware, ‘apps’ and other computer software and data; database rights; and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and to be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Platform: any mobile app purchasing platform from which you download the Mobile App including Apple iOS and Google Android.
(a) The headings in these Terms are inserted for convenience only and shall not affect their construction.
(b) A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
(c) Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
(d) Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
4. Other relevant documents
(b) However, if any of the provisions of those policies and/or terms conflict with any provisions of these terms, the terms herein shall prevail except for any terms about our packages of services and their pricing stated on our App (“App Terms”) or the Agreement which shall prevail.
(c) The ways in which you can use the Mobile App may also be controlled by the rules and policies of Apple iOS and/or Google Android, and the Apple iOS and/or Google Android rules and policies will apply instead of these terms where there are differences between the two.
(a) We provide a mobile and web application which utilise the Features for the purpose of motivating, engaging and educating employees, and for the provision of any other services described in our site and/or the App for Authorised Users from time to time (the “Services”).
(b) You must ensure that any information you provide to us is complete and accurate and you will keep us updated on any changes to such information.
(c) We may make available third party offers, promotions and other benefits through our App. As may be relevant, we will provide relevant terms and conditions for such benefits as they are made available.
6. Licence to use the App and Intellectual Property
(a) Our Intellectual Property:
(i) “PushMe” (word) and all other names, logos, icons and marks identifying us, the App and its services are our trade marks. We own (or have a licence to use) all Intellectual Property subsisting in the App. By using the App under licence you do not acquire any Intellectual Property in our App and all right, title and interest to all such intellectual property remains with us.
(ii) We both acknowledge and agree that in the event of any third party claim that the App or your possession and use of the App infringes that third party’s Intellectual Property we, not the Platform owner, are solely responsible for the investigation, defence, settlement and discharge of any such claim.
(b) Licence: Provided that you have a valid account with us in respect of your access to and use of the App and/or in respect of the Platform from which you downloaded the Mobile App and in consideration of your agreement to be bound by these Terms, we grant you a single non-exclusive, non-transferable, revocable licence to use the App for your personal and/or internal business use on the devices which relate to the Platform under your account, and as permitted by any applicable usage rules set forth by the Platform. You may not distribute, rent lease, lend, sell, transfer or sublicense the App, nor copy (except as expressly permitted by any applicable Platform usage rules), decompile, reverse-engineer, dissemble, attempt to derive the source code of, modify or create derivative works of the App except to the extent as may be permitted by the licensing terms of any open sourced components included in the App and to the extent that the foregoing restrictions is not prohibited by applicable law.
7. Acceptable use
(a) You must:
(i) not use the App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
(ii) not infringe our Intellectual Property rights or those of any third party in relation to your use of the App or any Services, including by the submission of any material (to the extent that such use is not licensed by these terms);
(iii) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services;
(iv) not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(v) not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
You agree that during and after the termination of these Terms, you will not, without appropriate consent, use or disclose to any other person any of our information which is identified as confidential or which is confidential by nature. We can also use relevant information about your relationship with us for valid business, administration and investment reasons.
9. Data Protection
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://www.pushme.ie/privacy-policy and it is important that you read that information
10. Price and payment
Until further notice and subject to the terms of the SaaS Agreement, all the Services are provided free of charge to the Authorised User. However, we reserve our right to introduce lawful payment terms at our discretion for services which are additional to the Services. For the avoidance of doubt, if we decide to put in place payment terms and which are likely to be provided directly on the App along with other terms and conditions about the relevant services provided (such payment terms and terms and conditions then form part of these Terms), those will include any protections required by law in respect of refunds and cancellations.
In addition to any other relevant provisions on the issue of liability in the Terms:
(a) To the maximum extent permitted by law, we accept no liability for any of the following:
(i) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
(ii) loss or corruption of any data, database or software; or
(iii) any special, indirect or consequential loss or damage.
(b) Should you fail to satisfy any of your contractual or legal obligations to us or Customers or any other relevant person or organisation as set out, mentioned or alluded to in the Terms, and in particular (although without limitation) clauses 5, 6, 7, 8 and 9 of these Terms of Service, we accept no responsibility or liability for any such breaches by you or any relevant breaches by us as a result, and you hereby indemnify and keep indemnified us against any costs, penalties, damages, fines or other losses (including, without limitation, reasonable legal costs) suffered by us in connection with any such failure by you as above.
Subject to clause 9 above, either of us can terminate your registration of our Web App and the Mobile App for any reason and without notice. We may also with for any reason and without notice;
(a) remove any content you publish on the App;
(b) verify your information by requesting certain documents and refuse your requests to use the App if we believe there is reason to do so;
(c) take any steps to terminate or suspend your use of the App if we believe you have failed to comply with any of the provisions of these Terms; and
(d) if we decide to terminate, suspend or refuse to allow your use of the App, share or publish your name and email address and notify third parties (including the Customer and the Platform owner).
Thereafter, any continued use of our Web App and/or the Mobile App as an unregistered user will continue to be subject to terms set out in the Relevant Documents. For the avoidance of doubt, any terms stated to survive the termination of these Terms of Service and/or any indemnities given in the Terms will continue in full force and effect post termination of these Terms of Service.
(a) Scheduled one-to-one sessions with a Coach or Mentor can be cancelled or postponed free of charge up to 24 hours before the start of the session. Cancellations or postponements made within 24 hours of the scheduled session, or if the Customer’s Authorised User does not enter the video session within the first 10 minutes (“no-show”), the session will be fully charged.
Please note that cancellation, postponement or “no-show” fees do not apply in the case where there is an issue with the scheduling or video conferencing software.
(b) Subject to clause 9, you agree that we can and we reserve the right to amend, replace or add to the Terms at our sole discretion. Please check these Terms from time to time to take notice of any changes we made, as they are binding on you, including without limitation where you continue to use our App after any such change to these Terms.
(c) From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
(d) The App or any Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
(e) Each of you and PushMe acknowledge that in entering into the Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Terms.
(f) We may defer the date for performance of the Services, or terminate these Terms of Service, if we are prevented from, or delayed in, carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including epidemics and pandemics and government actions as a result, strikes, lockouts or other industrial disputes, failure of a utility service or transport network, act of god, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or subcontractors.
(g) We are giving you personally the right to use the App and the Services as set out above and you may not otherwise transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
(h) Any failure by us to enforce at any particular time any one or more of these Terms shall not be deemed a waiver of such rights or of the right to enforce these Terms subsequently nor shall it prejudice our right to take action in respect of the same or any later breach.
(i) No provision of these Terms shall be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999 with the exception of Apple and Apple’s subsidiaries and Google and Google’s subsidiaries in relation to your use of the Mobile App on Apple iOS and/or Google Android, as appropriate.
(j) If any of the provisions of the Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by applicable laws.
(k) These Terms shall be construed in accordance with Irish law and the parties submit to the exclusive jurisdiction of the Irish courts. Your use of the App may also be subject to other local, state, national or international laws.
(l) Where these Terms are also provided in a language other than English, whilst the translation is believed to be accurate, no warranty to that effect is given, and the English language version will prevail.
(m) Complaints and Disputes: Please contact us immediately using the contact details below if you: (a) have any questions, complaints, claims or concerns about content which appears in the App or in relation to us generally; or (b) believe that any act or omission by us or one of our other users of the App is in breach of applicable law. We will then consider your concerns and decide whether to take action and whether or not any other user has in our opinion, breached any of these Terms. We will endeavour to inform you of the outcome of any review within a reasonable time of receiving your complaint. We both acknowledge that we, not the Platform owner will be solely responsible, are responsible for addressing your or any third party’s claim relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; and (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement or legislation.
(n) Our contact details: PushMe Limited is a private limited company incorporated in Ireland with company number with its registered office at 13 Elkwood, Rathfarnham, Dublin 16 D16 N8K3, Ireland. You can contact us by email at email@example.com or firstname.lastname@example.org.