By accessing our website operated by Pulse Radio Pty Limited (ACN 103 535 495) (“we”, “us”, “our”, “Pulse”) using a browser or mobile application, you agree to these terms and conditions.
Pulse may change these terms and conditions from time to time by updating this page and if you continue to use the site then you have agreed to these amended terms and conditions. You should check this page from time to time to ensure that you are happy with any changes.
These terms and conditions are effective from December 2nd, 2015.
Agency In relation to Events and the Event tickets offered for sale on the Pulse website, Pulse is strictly an agent of the Event Promoter (“Promoter”). We accept no liability for any claims relating to an Event or the ticket purchase except as explicitly set out in these terms and conditions.
If you believe any content violates our terms and conditions, please advise us of the details at firstname.lastname@example.org.
These terms and conditions and any disputes arising in conneciton with our site are to be governed by the laws of New South Wales.
2. Content on our site and use of our site
All content provided by Pulse is protected by copyright, trade marks, or other proprietary rights and laws. Unless it is mentioned otherwise by Pulse you agree not to sell, license, rent, transmit, modify, distribute, copy, reproduce, publicity display or perform, publish, adapt, edit or create derivative works from such content.
Pulse does not guarantee that the content provided is completely accurate or reliable, and we do not guarantee the safety of any material contained within or downloaded from our website and shall incur no liability for damage caused to your computer system or data.
No responsibility is taken by Pulse for the failure or delay in removing damaging, inaccurate, or offensive material.
Through the use of the services provided by Pulse, you agree that you will not upload or post any content that may be deemed to be defamatory, degrading, or otherwise unlawful, or that may constitute an infringement of any copyright or other proprietary right.
Pulse cannot guarantee that visitors to this site will follow these Terms and expressly disclaims any and all liability arising from or relating to any failure to comply with such Terms & Condition.
Pulse is not responsible for the content of any external websites linked to on our page.
Pulse does not represent or guarantee the truthfulness, accuracy, or reliability of any content posted by writers or users. By using this site you acknowledge that reliance on any material posted is at your own risk.
Refunds due to problems caused by Pulse
You will be entitled to a refund including any booking fee charged if we fail to deliver to you the tickets you have paid for; or if we send the tickets to an address other than that you gave when placing your order or we send you the wrong tickets and we cannot provide replacement tickets.
Changes to the Event
As agent of the Promoter Pulse does not control any refunds due to any changes to the Event. The Event Promoter will determine the refund policy.
Unless a Promoter indicates otherwise in relation to a particular Event, a refund will be given if the Event is cancelled or re-scheduled (and you give notice that you do not wish to attend the re-scheduled Event by applying for a refund).
It is your responsibility to check whether the event is proceeding at the original date, time and venue and Pulse does not guarantee to inform you of any changes to Events.
The amount of refund in respect of a ticket will be no more than the amount paid for the ticket (including any booking fee), but in no circumstance will Pulse or the Promoter bear any liability for any other losses in connection with the circumstances giving rise to the refund. For multi-day Events, a partial refund may be determined for a partial cancellation.
Applying for a Refund
All refund requests must be received by Pulse by email to email@example.com no later than five days after the date of the event. Pulse is under on obligation to forward to the Promoter refund requests received after that period.
Pulse may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 17 June 2015.
Our website enables users to submit and share " mixtapes ". A mixtape is an audio file that is stored remotely rather than locally and accessible to listen to on-demand. A mixtape may include, but is not limited to, a radio show, a Podcast, a DJ mix-set or a live recording.
2. Personal Information
In order to use certain features of our website, you will need to register. When registering you will be asked to provide an email address and create a username and password. You may also choose to create a more detailed profile of yourself on our website by submitting additional personal information. Please note that even if you do not provide any additional personal information to our website (e.g. by adding it to your user profile), if you choose a username that includes or reveals your name or any other personal information, such information will then be available to other users of our website and to the general public. For purposes of this Policy, the terms "personal information" and "personally identifiable information" shall mean all information provided during your initial registration on our website and during your creation of a user profile, including, for example, your real name, e-mail address, postal address and other location information, your age, your gender and certain other demographic information or information that may enable online or offline contact with you. From the moment you register and begin listening to music on Pulse, we will monitor your activity on our website and log this information in our databases. This includes which mixtapes you listen to or which you have submitted, when you listen to them, how long you listen to them for, which mixtapes are your favourite and so on. We will also monitor and log your music sharing activities. This information relating to your listening and music sharing activities can be viewed by all other users of Pulse. Pulse may make some of this information available to third parties to undertake development of new products and services via an API.
If you choose to purchase music or other goods or services by clicking on a third party link provided on our website (for example, a link to www.amazon.com), such third party may collect your personal details (such as your credit card number, address, etc.) for the purpose of completing a transaction. We may be provided with confirmation of your transactions with such third parties and, in some instances, such confirmation may include your personal information. Aside from such confirmations, the only information that we will collect with respect to such third party links is: (a) the number of generic Pulse users who utilized such third party links; and (b) the number of purchases made by these generic users. Where you upload photographs or other content as part of your user profile, you should be aware that Pulse is entitled to use those photographs and content in accordance with our Terms & Conditions. Pulse discourages users from uploading photographs of friends or other people without their permission.
3. Location-based Information
We keep track of the domains from which people visit Pulse, but we cannot see a user's zip code, post code, city or country unless the user chooses to explicitly provide this information to us. If you do choose to include information about your city or country of residence when setting up your user profile, please be aware that such information may be available for viewing by other users of our website and to the general public.
4. Browser Information
We collect data regarding the users of Pulse, including: (i) The Internet Protocol (IP) address of the user's computer. This may or may not be associated with a particular Internet Service Provider (ISP); (ii) The referring URL, if any; (iii) The browser software identification (i.e. the brand and version of your browser software).
5. Use of Personal Information
We will use the email address provided by you when you register to contact you from time to time. This may be for security reasons (so that we can check that you are who you say you are), to ask your opinion about our website, or it may be to keep you updated on the services currently available on our website and any changes to those services and those that we intend to launch in the future. We may also use such personal information to send you notices, on behalf of others and ourselves, regarding products and services that we think may be of interest to you. Pulse may also use your personal information and non-personal information to help Pulse and its commercial partners deliver targeted advertisements, promotions and other similar initiatives to you. We will not permit any third parties to contact you directly on an unsolicited basis in relation to their own products or services, unless you have provided your express prior consent when signing up on our website. You may withdraw your prior consent by notifying us at firstname.lastname@example.org.
Your username, together with other information concerning your use of our website, as well as any personal information included in your user profile, may be made available via Pulse's open application interface (the "API").
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. You should never disclose your account password to unauthorised people. We use certain security measures to help keep your personal information safe, but we cannot guarantee that these measures will stop any users try to get around the privacy or security settings on our website through unforeseen and/or illegal activity. Consequently, you acknowledge that there are circumstances in which your personal information may be accessed by unauthorised persons.
n the event that we believe that the security of your personal information in our possession or control may have been compromised or could be at risk, we may seek to notify you. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at email@example.com with the alternative contact information you wish to be used.
7. Comments / Communications With Other Users
We currently offer the functionality to comment on content and other users on Pulse. In the future we may offer other interactive features. Please note that all personal information you display or communicate using such functionality becomes public information and we are not responsible for any information you choose to make public. We may, but have no obligation to, monitor such traffic via electronic software or otherwise in order to check for obscenity, defamation or abusive language, which we reserve the right to remove at any time. In addition, if you choose to personally communicate or meet with any other Pulse user by exchanging postal/email addresses, telephone numbers or otherwise via the interactive functionality of Pulse, you do so at your own risk. Pulse cannot be held responsible for any consequences that flow from your decision to communicate or interact with other Pulse users in places or under circumstances that we do not control. We advise you to use extreme caution whenever you post information, submit or share a mixtape, socialise or interact with people whom you have met via the Internet.
From time to time, you will be able to send to a friend or to another service or a friend or contact may be able to send to you, information about our Website or services or a mixtape, by clicking on a "share this" or similar button on our website or other third-party websites. We advise you to use caution whenever you share information and/or a mixtape.
9. Links to other websites
10. Data Protection
Pulse complies with the Data Protection Act 1998 (the "Act"), including UK amending legislation and E.U. Directives. Pursuant to the Act, you have the right to be informed of, and to have access to, all of the personally identifiable information we hold about you, and you may do so by visiting your user profile when logged-in to your account on our website, or by e-mailing us at: firstname.lastname@example.org. A small admin fee may be payable. We may store information provided by you on our servers in the U.S., the U.K and/or elsewhere within the EEA.
11. Transfers of your Information
We may use third-party partners to help operate our Website, and we may share your information with our affiliates, service providers and other third parties that provide products or services for or through this Website or for our business (such as but not limited to Website or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfilment companies, and other similar service providers that use such information on our behalf). Pulse operates an 'open API' and web services program, which enables developers and other third parties to freely use statistics and data collected by Pulse to create programs and other interesting services which help develop the Pulse community.
Certain third party individuals or organisations may have access to your personal information (excluding your email contact information) via Pulse's API and web services or as a result of agreements between Pulse and its preferred partners. However, you should be aware that if you provide your e-mail contact information and/or username directly to any such third parties, they may use your information for their own purposes. Such partners may use such information for their own purposes, which may be either commercial or non-commercial in nature and which may include targeted advertising or direct marketing. These purposes will be outlined to users, enabling users to opt-in or opt-out at any stage with respect to their e-mail addresses being used by third parties for specific purposes. These third parties may be based in the United Kingdom or elsewhere (including outside of the European Economic Area ("EEA")).
12. Third-Party Ad Servers
We may use third-party advertising companies to target and serve ads when you visit our Website. These companies may use information (generally not including your name, address, e-mail address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. These companies may employ cookies and other tracking technologies to measure advertising effectiveness. Any information that these third parties collect via cookies is generally not personally identifiable unless, for example, you provide personal information to them through an ad or e-mail message. We encourage you to read these businesses' privacy policies if you should have any concerns about how they will care for your information. If you would like more information about this practice and to know your choices about not having this information used by these companies, see the Network Advertising Initiative's consumer Web site at http://www.networkadvertising.org/consumer.
13. Pulse Policy for Young People
Children under the age of 13 are not eligible to use our website and must not attempt to register with Pulse and/or submit any personal information to us. We don't knowingly collect personal information from any person who is under the age of 13 or allow them to register. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that this has occurred, please contact us at email@example.com, and we will delete all relevant information.
We recommend that children between the ages of 13 and 17 should not send any information about themselves to anyone over the Internet (including to us) without asking their parents/legal guardians for permission beforehand.
14. Legally-Compelled Disclosures
We believe in privacy and therefore will take all reasonable measures to ensure that your personally identifiable information remains private. However, in the event that we are required to disclose personally identifiable information by a court, the police or other law enforcement bodies for their investigations, regulation or other governmental authority we will make such a disclosure without being in violation of this Policy.
15. Business Transitions
If Pulse is acquired by another company or sells all or a portion of its assets to another company, or in the event of a merger, it is likely that user information will be a part of the assets transferred. If as a result of such a business transition information is to be collected, used or disclosed in a manner or for a purpose different from that stated above, Pulse will endeavour to notify all users of such changes beforehand.
If Pulse makes any changes to this Policy these changes will be detailed on this page in order to ensure that you are fully aware of what information is collected, how it is used and under what circumstances it will be disclosed. If you are concerned about how your information is collected, used or disclosed, you should periodically check back at this page. If you have any specific concerns not addressed in the Policy, please contact us using the feedback page on our website.
If you decide that you do not want your personal information to be used in the way described in this Policy, you can send us a notice that you wish to withdraw your consent as set out above by emailing firstname.lastname@example.org. If you do not provide your consent, or if you withdraw your consent, you should not use our website as a registered user, since many of our website's features are based on users' consent and will therefore be unavailable to you.