Effective 1 December 2011.
1.1 This document sets out important information regarding the terms and conditions for using pluk®. We recommend you read it carefully.
1.2 By doing any of the following, you agree to be bound by these terms and conditions:
1.3 If any of the terms and conditions herein are not acceptable to you, do not use pluk or do any of the actions outlined in 1.2 above. Your ongoing use of pluk signifies acceptance of any changes or updates to these terms and conditions.
1.4 You agree to use pluk only for reasons that are legal and in accordance with these terms and conditions and any applicable laws, policies and guidelines.
1.5 If you use pluk, the pluk app or associated services, you agree to be bound by theses terms and conditions and all applicable laws regarding your use of pluk.
2.1 pluk® is a digital application that facilitates marketing of services, products and offers, which generally consists of a central audio recognition service that provides marketing offer identification and related content. It includes but is not limited to vouchers, advertiser information, offers, information service requests and access to related advertiser and third party applications and websites that can be used in conjunction with pluk such as commerce providers, social networking sites, information and access feature providers.
2.2 pluk and its associated services are supplied by Foxtrot Media Limited ("we", "us", "our"). We are a limited liability company incorporated in New Zealand. You can contact us by phone 09 974 2744 and email email@example.com.
2.3 Installation of the pluk app to your device is required to access pluk marketing services and offers. The pluk app can be downloaded from the relevant platform app store, and from the links provided on www.pluk.com.
2.4 At the point of installation of the pluk™ app to your device you will be asked to accept or decline notifications from this application. Notifications can include sounds, alerts and home screen badges for the pluk app. You can update this preference at any time via the Notifications settings on your device.
2.5 Any additional terms and conditions relating to a pluk marketing service or offer, whether provided by pluk or one of its affiliates or partners, will be made available to you at the point of access.
2.6 Each time you interact with or use pluk, you will send data from your device. Your internet service provider or network will charge you for this at their applicable rates. You are solely responsible for these, and pluk is not liable for any such costs.
2.7 You may not transfer this agreement to any other person or device, and the access and use of pluk is only allowable on the device on which the pluk app was first installed. Use of pluk is personal and is for personal non-commercial use only.
2.8 All pluk content (the application, www.pluk.com, and associated services) including the logo, text, images, software, audio and video are the property of Foxtrot Media Limited. They cannot be copied, changed, used, distributed or reproduced in whole or in part without the express permission of Foxtrot Media Limited.
4.1 pluk's services are not designed or intended for people under the age of 13. If you are 13 years of age or under, do not use or access pluk at any time. If you are a parent or guardian of a person 13 years of age or under, do not let them use pluk.
4.2 If you are under 18 years of age, you must get the permission of your parent or guardian and the person who pays for your mobile phone or other device prior to using pluk. You must also ensure they agree to these terms and conditions before you provide any personal information to us.
4.3 Your pluk access and use may be blocked or terminated if it is discovered you have misrepresented your age, or someone has misrepresented your age on your behalf. Your account and related data could be deleted without warning to you.
5.1 Provided that you fully comply with these terms and conditions, we grant you limited, personal use of pluk on one device.
5.2 You agree to use pluk® fairly and not undertake excessive (as determined by us, acting reasonably) use of the service.
5.3 You agree that excessive attempts to access pluk in one month (as determined by us, acting reasonably), will be a breach of our usage terms and conditions which may result in your pluk access and use being blocked or terminated. Your account and related data could be deleted without warning to you as a result.
5.4 You undertake and agree that all information you provide via pluk or www.pluk.com will be accurate and kept up to date throughout the period you use pluk. If you do not to so, or we have grounds to believe you have not, we have the right to block or terminate your pluk access and use, and your account and related data could be deleted without warning to you as a result.
5.5 We may change any aspects of pluk at any time, and/or impose restrictions or limitations to access without incurring any obligation or liability to you. We will endeavour to provide notice of any changes, restrictions or limitations to your access (although this may not be prior to such changes).
5.6 You may be required to download new releases or updates of pluk to continue to use its services. These may have different terms and conditions and charges may apply to enable your continued use.
5.7 You may not reverse engineer, reverse compile, or disassemble the pluk app, any portion of pluk or its contents, or creative derivative works based on pluk.
5.8 You agree not to upload, email or transmit any material that contains viruses or other files or programmes that might or are designed to interrupt, destroy, modify or limit the functionality of pluk, or any services associated with pluk.
5.9 pluk may automatically provide updates to the pluk app in order to keep pluk up to date and running smoothly.
6.1 By using pluk®, you may access functionality owned by third parties or use links to third party websites. We make no representations or warranties either on behalf of those third parties or otherwise. We have no control over those third parties and are not responsible or liable for any content on their sites or any matters arising from your interaction or contact with those third parties or third party sites. We recommend that you ensure you are familiar with third party terms and conditions and privacy policies and the appropriateness of any content.
7.1 We pride ourselves on providing a reliable service. However, we are unable to guarantee that pluk® will be fault free, free of defects or that the service will be uninterrupted.
7.2 You undertake to advise us as soon as you are aware of any issues with our service and we will take such steps to remedy the matter as we consider reasonably practicable.
7.3 Any updates, new releases and repairs and maintenance may require restrictions to the service but we will endeavour to keep this to a minimum.
7.4 We have no obligation to provide you with any technical support in relation to pluk.
8.1 pluk® and any third party media, software, services, or applications made available in conjunction with or through pluk are provided as is and without warranties of any kind either express or implied.
8.2 Foxtrot Media Limited and its employees, affiliates, licensors, suppliers and partners (Associated Persons) disclaim all warranties either express or implied, including but not limited to those in relation to merchantability, fitness for purpose and non-infringement of proprietary rights to the fullest extent permissible by law.
8.3 Neither Foxtrot Media Limited nor any of its Associated Persons warrant that the pluk app, the pluk service or the server that makes pluk available is free of viruses or other harmful components.
8.4 Neither Foxtrot Media Limited nor any of its Associated Persons warrant or make any representation regarding the use or the results of the use of pluk in terms of it correctness, accuracy, reliability, the extent to which it is free of defects or otherwise.
8.5 You agree that you download, purchase or otherwise obtain offers, information, material or other data through using pluk at your own discretion and that you will be solely responsible for any damage to your device or loss of data resulting from or through using pluk. You further agree that the cost of any necessary servicing, repair or correction is yours.
8.7 You agree to indemnify, hold harmless and release Foxtrot Media Limited, its employess, officers, directors, shareholders, affiliates, and its and their licensors, suppliers and partners, from any claims, losses, damages, liabilities, including any legal fees, arising out of:
8.8 We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
8.9 Under no circumstances, including but not limited to negligence, shall Foxtrot Media Limited or its affiliates, licensors, contractors, employees, officers, agents or third party partners or suppliers be liable to you or to any third party for any special, punitive, indirect incidental, consequential or exemplary damages that result from your use of pluk, or your inability to use pluk, or any cause of action arising even if Foxtrot Media Limited, pluk or a pluk authorized representative has been advised of the possibility of such damages.
8.10 applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages so the limitation in 8.9 above may not apply to you. In such cases, pluk's liability will be limited to the fullest extent permitted by law.
8.11 Under no circumstances, including but not limited to negligence, shall pluk or its affiliates, licensors, contractors, employees, officers, agents, or third party partners or suppliers total liability to you for any damages, losses and causes of action arising out of the use of pluk or in relation to these terms and conditions exceed the amount paid by you, if any, for accessing the pluk service during the twelve (12) months preceding your claim.
8.12 Notwithstanding the foregoing, in no circumstances shall pluk, have any liability for damages incurred by reason of any products or services sold or provided to you by third parties and received by you through or advertised on the pluk service or received by you through links of any kind provided on or by pluk.
9.1 In the event that you are using a device or application provided by apple, Inc. ("apple") or purchased through the apple App Store:
10.1 You may terminate the pluk® app and your use of pluk by uninstalling the pluk app from your device.
10.2 We expressly reserve the right to terminate your access to the site and your use of the pluk app if you breach these terms and conditions at any time, breach any applicable laws or for any other reason that we shall determine at our sole discretion.
11.1 We may review these terms and conditions at any time, and if we update or modify them, the revised terms and conditions will be available on our website with an effective date. Continued use of pluk or the pluk app after this date signifies acceptance of the changes or modifications to the terms and conditions. Please check our policies and terms and conditions regularly to update yourself on any new terms.
12.1 If you have any questions regarding pluk® terms and conditions, or pluk generally please contact us by emailing us on firstname.lastname@example.org.