BY USING (AND/ OR DOWNLOADING) PACTIVE YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE (AND/ OR DOWNLOAD) PACTIVE.
These Terms govern your use of Pactive and the associated products, features, apps, services, technologies and software that we offer, except where we expressly state that separate Terms (and not these) apply.
We license you to use:
as permitted in these terms.
We only use any personal data we collect through your use of Pactive and our Services in the ways set out in our privacy policy, which you can find here www.getpactive.co.uk/privacy-policy/
Please be aware that, regardless of our commitment to the best possible security, internet transmissions are never completely private or secure and that any message or information you send using Pactive or any of our Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
The ways in which you can use Pactive and Documentation may also be controlled or limited by the terms and conditions, rules and policies of any relevant App Store (including, but not limited to, the iOS App Store or Google Play Store) from which you may download it.
The Pactive app requres a mobile telephone, tablet or other device (in the case of iOS devices, any iPhone 6 or {later device) capable of running in the case of iOS devices, iOS 10 or any later or newer version of iOS, and in the case of Android devices, Android 7.1 or any later or newer version of Android.]
When you create a username, password, profile or any other piece of information as part of our account registration or security procedures, you must treat that information as strictly confidential and must not disclose it to anyone else. When registering and creating your account you consent to us processing your user identity and details (in accordance with our Privacy Policy www.getpactive.co.uk/privacy-policy/, you must provide accurate and complete personally identifiable information and ensure that this information is kept accurate and up-to-date at all times. In order to verify your account we may need look at your records in other internal databases. We reserve the right to terminate your account if we learn that you have provided false or misleading information.
You choose your username when creating an account to use Pactive or our Services. A username forms part of your online identity and should not appear to be offensive or disruptive. When choosing your username be aware that the following types of usernames are not permitted:
Please note that usernames that are inappropriate in another language, or that represent an inappropriate name with misspellings and substitutions, or do so indirectly or by implication, are still considered inappropriate.
A user account should be used only by one person, and you should use only one account. Logging on to Pactive or our Services, whether authorised or unauthorised, and regardless of the platform used to do so, constitutes your consent to having your usage of Pactive and our Services monitored. For more information on how and why we may monitor your usage, please see our Privacy Policy www.getpactive.co.uk/privacy-policy /.
We reserve the right to disable any username, password or profile at any time, if in our reasonable opinion you have failed to comply with any of these terms.
You are solely responsible (to us and to others) for all activity that occurs under your account, therefore it is important that you keep your account password secure and confidential. If you know or suspect that anyone other than you knows your username or password, you must notify us immediately at info@getpactive.co.uk or Pactive, 174 Pippin Street, Burscough, Lancashire, L40 7SP.
You must be 13 years or older to use Pactive and/ or the Services. We reserve the right to terminate any account and/or otherwise delete any information related to the user if we discover that the user is under the age of 13.
We may allow you to create, authorise and sign into your profile on Pactive or our Services using a third party platform such as Twitter or Facebook. By using those third-party services to do so, you confirm that you agree to their terms of use, privacy policy and any other agreements or documents which set out the terms of your relationship with them and use of their services, which is separate from your relationship with us and your use of Pactive or our Services and authorise us to share your personal data with any third party website or app provider to which your account is linked. You also authorise us at any time and with any regularity to retrieve and/or receive and/or access any of your personal data held by any third party website or app provider to which your account is linked and agree to the transmission, storage, processing and use by us of your personal data retrieved and/or received from any third party website or app provider to which your account is linked in the manner set out in our Privacy Policy www.getpactive.co.uk/privacy-policy/ . This paragraph of these terms applies in relation to personal data that is held by any third party website or app provider and that is retrieved and/or received by us or is otherwise transmitted to us and such personal data constitutes user submitted or generated content which is uploaded, posted or otherwise transmitted to us.
You must not disrupt the functioning of Pactive or our Services, solicit or use another user’s password or otherwise act in a way that interferes with other users’ use of Pactive or our Services. Other than connecting to our servers by HTTP requests using a web browser, you may not attempt to gain access to Pactive or our Services by any other means, including, without limitation, by using administrator passwords or by acting as an administrator while using Pactive or our Services or otherwise.
Support. If you want to learn more about Pactive or our Services, or have any problems using them please take a look at our support resources and pages at www.getpactive.co.uk/faqs.
Contacting us (including if you have a complaint). If you think that Pactive or our Services are faulty, misdescribed or wish to contact us for any other reason then please email our customer Services team at info@getpactive.co.uk 0333 577 4 577.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
In return for your agreement to comply with these terms, you can:
Through these terms, we are giving you personally the right to use Pactive and our Services as set out above. Whilst you may have sharing rights as set out above, you may not otherwise transfer Pactive or our Services to someone else, whether for money, for anything else or for free. If you sell any device on which Pactive is installed, you must remove Pactive from it.
As Pactive and our Services are constantly evolving, we may need to change these terms to reflect changes in applicable law or best practice or to deal with additional features which we may introduce from time to time.
We will give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next open Pactive on your device.
If you do not accept any notified changes when they are made available to you, you may continue to use Pactive and our Services in accordance with the existing terms but certain new features may not be available to you.
From time to time, we may automatically update Pactive and change our Services to improve their performance, enhance their functionality, reflect changes to operating systems or address security issues. Alternatively, we may ask you to update Pactive for these reasons through a notification (either within the app or via SMS or E-Mail).
If you choose not to install updates, or if you opt out of automatic updates you may not be able to continue using Pactive and our Services.
Pactive will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
If you download or stream Pactive onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
By using Pactive or any of our Services, you agree to us collecting and using technical information about the devices on which you use Pactive and related software, hardware and peripherals to improve our products and to provide our Services to you.
Some of our Services, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the Location Services settings for Pactive on the relevant device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based Services. You can stop us from collecting location data at any time by turning off the Location Services settings on the relevant device.
You agree that you will not:
You also agree to comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by Pactive or any of our Services.
You must not:
You also agree that you are responsible for any consequences of our making available of any content which you may upload through Pactive or any of our Services, that we do not endorse (and may remove) any content which does not comply with these terms, and that any content which you upload can only be kept confidential dependent upon your privacy and sharing settings.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Pactive or our Services constitutes a violation of their intellectual property rights, their right to privacy or their rights as a data subject or any claim in relation to Pactive or our Services.
You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), resulting from or arising out of a) your use and access of Pactive and/ or the Services, by you or any person using your account and password; b) a breach of these Terms, or c) content posted on the Service.
All intellectual property rights in Pactive, the Documentation and our Services throughout the world belong to us and the rights in Pactive and our Services are licensed (not sold) to you. All such rights of the relevant owner or licensee are fully reserved and you cannot extract or make any use of Pactive, our Services or any content posted on or through them without permission from the relevant owner or licensee; you have no intellectual property rights in, or to, Pactive, the Documentation or our Services other than the right to use them in accordance with these terms.
All intellectual property rights in any content which you may upload to Pactive and our services will belong to you, however by uploading it you grant the following rights:
We respect the intellectual property rights of others. If you believe that your intellectual property rights (whether copyright, trade marks or otherwise) have been infringed in any way by Pactive or our Services or any content on it, please contact us at info@getpactive.co.uk or Pactive, 174 Pippin Street, Burscough, Lancashire, L40 7SP.
Pactive or our Services include information and content uploaded by individuals and other users of Pactive or our Services. This information and content will not be and has not been moderated, verified or approved by us. The views expressed by other users, individuals or other third parties expressed in content posted on Pactive or our Services do not necessarily represent our views or values, do not constitute any endorsement by or connection with the relevant third party and us, and should not be treated as such.
If you wish to complain about information and content uploaded by other users please contact us at info@getpactive.co.uk or Pactive, 174 Pippin Street, Burscough, Lancashire, L40 7SP.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including direct debit, debit card, credit card or PayPal, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information and a valid payment method information. By submitting such payment information, you automatically authorise us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
We, in our sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Personal Accounts are free to use
Except when required by law, paid Subscription fees are non-refundable.
We will use reasonable skill and care in providing Pactive and our Services to you and in keeping a safe, secure and error-free environment, but we cannot guarantee that Pactive and our services will always function without disruptions, delays or imperfections.
We are responsible to you for foreseeable loss and damage which we cause. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our failure to comply with these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied through Pactive or our Services damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. Pactive and our Services are made available strictly for your domestic and private use. If you use Pactive or our Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to Pactive and our Services. Pactive and our Services are provided for general information and entertainment purposes only. They and any content which you may access whilst using them do not offer any advice upon which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from Pactive, our Services or any content which you may access whilst using them (and especially any content uploaded by any third party or other user). Although we make reasonable efforts to update the information provided by Pactive and our Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date (and especially in respect of any content uploaded by any third party or other user).
Please back up any content and data which you use with Pactive and our Services. We recommend that you back up any content and data used in connection with Pactive and our Services, to protect yourself in case of any problems.
Check that Pactive and our Services are suitable for you. Pactive and our Services have not been developed to meet your individual requirements. Please check that the facilities and functions of Pactive and our Services (as described on the relevant App Store and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of Pactive, our Services or support for Pactive or our Services is delayed by any event beyond our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this, we will not be liable for delays caused by the event but if there is a risk of any substantial delay you may contact us to end your contract with us and receive a refund for any of our Services which you have paid for but not received.
We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content posted by others that you may encounter on Pactive and our Services.
We may end your rights to use Pactive and our Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use Pactive and our Services:
Whilst we use technology which aims to impede or prevent malicious programs, activity or viruses wherever possible, we do not guarantee that Pactive or our Services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, software, platform and device to access Pactive or our Services. You should use your own virus protection software.
You must not misuse Pactive or our Services by knowingly introducing viruses, trojans, worms, logic bombs or other content that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Pactive or our Services, the server on which Pactive or our Services is stored or any server, computer or database connected to Pactive or our Services. You must not attack Pactive or our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Pactive or our Services will cease immediately.
We may transfer our rights and obligations under these terms to another organisation, particularly in the event that we sell our business or our assets to a third party. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect and continue to apply to your use of Pactive and our Services.
Even if we delay in enforcing our rights under these terms, we can still do so later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your failing to comply with these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law, and you can bring legal proceedings in respect of Pactive or our Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Alternative Dispute Resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
KOI CAPITAL LIMITED T/A PACTIVE
