1. These terms and conditions (the “Terms”) apply to your use of the Pure Go App and Services made available through the Pure Go App (together, the “App”) and, once accepted, form a binding agreement between you (“You”) and Pure®, Concept House, Home Park Road, Kings Langley, Hertforshire, WD4 8UD, United Kingdom (“Pure”, “We”, or “Us”)
2. Copies of these Terms are available upon request by writing to Pure’s General Counsel at the address set out in section 1 above.
Use of Services
3. The App includes (i) the interface functionality between a Pure hardware product (for example, the Pure Highway 400) and a third party audio service provider (for example, Spotify) and (ii) the music tagging functionality provided in conjunction with a Pure hardware product. Other Services may be added by Us to the App at a later date; such additional Services will also be governed by these Terms. Certain Services may also be subject to Services-specific terms which will apply in addition to (and not instead of) these Terms (for example, payment terms, fair use terms, etc.). Such additional terms may be set forth on a website promoting the additional Services, at the point of sale, or set out in separate set of terms specific to an App update which You agree to be bound by upon Your use of such additional Services.
4. The App allows You to ‘tag’ tracks that you are listening to. This functionality is provided with information supplied by ACRCloud. The tagging service is currently provided free-of-charge, subject to fair use conditions. We reserve the right to determine what is ‘fair use’ in our absolute discretion. If We deem Your use to exceed our fair use determination, We reserve the right to suspend Your Account or deactivate the tagging Service on your Account or device. We also reserve the right to charge for the tagging Service at a later date, however You will not be charged without first being asked to provide payment details and to expressly confirm that You agree to such charges being applied.
5. The App will allow you to access Content from third party service providers. “Content” means all music, photographs, text, video, audio, album artwork and other material made available through the delivery of the Services. We are not responsible for any such Content and accept no liability for the nature or availability of any Content. You are not authorised to use the App to copy or share the Content with others. Any use that We make of third party Content or trade marks is done with the consent of the Content owner or a licensor (e.g. ACRCloud).
6. You are granted a limited, personal, non-transferable, revocable licence to use the App for your personal, private, non-commercial use only. Neither the App nor any of the underlying Services is sold to You. You acquire no ownership rights over the App. All rights not granted to You under these Terms are expressly reserved.
7. To use the App, You will require a compatible hardware device. Acquisition of such compatible items are Your responsibility and We accept no liability for the App where You attempt to access it from devices or using services that are not compatible or do not meet the minimum system requirements (including sufficiency of internet bandwidth and/or speed). You are responsible for acquiring related subscriptions to third party Content providers that may be required for your use of the Services.
8. USE OF THE SERVICES WILL REQUIRE A DATA CONNECTION (WIRELESS INTERNET OR DATA COMMUNICATIONS NETWORK) THAT YOU ARE RESPONSIBLE FOR OBTAINING (INCLUDING ANY USAGE CHARGES)
9. The software for the App that We provide to You (whether directly or via a third party app store) that is used to provide the Services (“Software”) is owned by or licensed to Us or our software suppliers. You may use the Software only for the purpose of using the App in accordance with these Terms and You acquire no other rights in the Software of any sort. In particular, You are not permitted to sell or otherwise distribute any part of the Software; modify, adapt, translate or reverse engineer any part of the Software; attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to which access is not authorised; use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose; or use the Software for any commercial purpose.
Restrictions on Use
10. You agree to use the App in a responsible manner and not do anything that would amount to a breach of these Terms, including but not limited to the following:
10.1.1. acting in any way that would damage or disable the App or any component part of it;
10.1.2. impersonate another individual in order to access the App;
10.1.3. use the App or other material obtained through the App for commercial purposes;
10.1.4. attempt to harvest e-mail addresses of other personal information through the App;
10.1.5. attempt to unpick, reverse engineer or hack our Software by circumventing security systems;
10.1.6. use the App to send junk mail or other unsolicited messages to other users of the App;
10.1.7. record, download, rip or cache any Content accessed via the App (except as specifically permitted by any functionality of the Software or Services that may be enabled by Us from time-to-time).
11. By accepting these Terms, You agree to us collecting and using your details in accordance with these Terms. The details that we will collect from you from time to time will either be Personal Data (defined below), Payment Data (defined below), or Technical Data (defined below).
12. For those elements of the App where You are required to register for an account (“Account”) in advance, You will need to follow the online registration instructions. If You register with Us directly, You will be required to provide Us with certain personal information and to select a password. For more information on what We do with and how We safeguard your personal information, see sections 13 to 20 below. If You register with Us via a third party account (e.g. Facebook), then You agree to permit Us access to Your public profile and username.
13. The decision to accept a registration is in our sole discretion and We reserve the right to refuse to register or cancel an Account at any time.
14. We may collect the following personal details (“Personal Data”) from You when You register for an Account, subscribe to and/or purchase Content or Services from the Websites, or when You register a Pure product for a manufacturer’s warranty:
14.1.1. Your name;
14.1.2. Your date of birth;
14.1.3. Your address;
14.1.4. Your e-mail address; and
14.1.5. Your Account password;
14.1.6. Your Account security question;
14.1.7. Your public profile or publicly displayed information on a third party account.
15. We will retain your Personal Data on our secure servers and use your Personal Data for the following purposes:
15.1.1. to administer your Account and communicate with You in relation to your Account;
15.1.2. to provide You with technical support (including software upgrades);
15.1.3. to process payments;
15.1.4. to offer You recommendations based on your listening history;
15.1.5. to send You details of and promotions in relation to our products and services;
15.1.6. for product or market research purposes (for which We may contact You from time to time); and
15.1.7. to detect fraud and abuses of the App.
16. We will only retain your Personal Data for as long as is necessary and only such Personal Data that is relevant to for the purposes set out in Section 47 above. We will only use your Personal Data in a way that is fair to You.
17. We may also pass details of your Account to third parties, but we will ensure that such details are anonymised so that You cannot personally be identified from them (“Anonymised Data”). Anonymised Data may be provided to third parties to enable such third parties to provide targeted advertising to your Account based on your listening history and preferences.
18. You have the right to ask us not to process your Personal Data (whether or not in an anonymised form) for marketing purposes. You may exercise this right at any time by contacting Us via our contact form write to us at the address at the beginning of these Terms. You also have the right to access information held about You. Your right of access can be exercised in accordance with the Data Protection Act 1998. Any access request may be subject to a fee of £10 to meet our costs in providing You with details of the information We hold about You.
19. We will also collect usage data in relation to your Account to enable Us to make improvements to the App and the products or other services that We offer.
20. By accepting these Terms and submitting your Personal Data to Us, you consent to your Personal Data being transferred, processed and stored outside of the European Economic Area (“EEA”). Some places outside of the EEA may not have adequate data protection laws at all or may offer differing levels of protection of personal information which are not as high as in the UK. You acknowledge that, provided We have used your Personal Data in accordance with these Terms, We cannot be held responsible for any use of your Personal Data by third parties who use or process your Personal Data.
21. You warrant to Us that any Personal Data submitted by You or on your behalf is accurate and not misleading and that You will be responsible for keeping your Account and Personal Data up to date. You also warrant that, when submitting Personal Data on behalf of someone else, You have full authority to do so.
22. We will also collect certain technical information (“Technical Data”) from You when You access and use the App from time to time. The Technical Data We will collect are as follows:
23. The App may collect technical or usage information using third party analytics programs (e.g. Google Analytics).
24. We may also collect information about your computer or device, including your IP address, operating system and device type, to enable us to effectively administer our systems, identify improvement areas and to report aggregate statistical (non-personal) information to our advertisers about browsing patterns and actions.
25. Where You have registered a particular product with Us and linked that product to your Account, we will also receive technical data related to that product, including details of your listening activity in relation to such product. In the event that You resell such product or no longer want it to be linked to your Account, it is your responsibility to de-activate the link between your Account the product, or to inform Us so that We may perform this task on your behalf. In the event that We disclose your Personal or Technical Data to a third party as a result of your failure to do so, We shall have no responsibility or liability to You in that respect.
Age Restricted and Objectionable Material
26. Certain Content may be unsuitable for those under a certain age and/or may contain a parental advisory, for example songs including profane or explicit lyrics. It is your responsibility to ensure that You do not access or permit others to access such content where which is only suitable for people over 18 years of age. If You come across material that You find objectionable or offensive, you are advised to contact you Content provider. You agree that You use the App at your own risk and We will have no liability to You for such material.
27. We will endeavour to resolve any technical difficulties or glitches which may impact the operation of the App. However, We shall have no liability to You for any failure, defects or delays in delivery caused by:
27.1.1. your provision of incorrect or incomplete information;
27.1.2. your computer or other hardware device failing to meet the minimum technical requirement for the App;
27.1.3. your failure to comply with instructions for use of the App; or
27.1.4. any event which is outside of our control.
28. Notwithstanding the above in respect of the duration of any subscription, We may, in our sole discretion, terminate or suspend your access to the App without notice to You if You are in breach of these Terms. Termination or suspension of your access shall not affect any other right or relief to which We may be entitled in respect of any breach. We may also elect to cease support or maintenance the functioning of the App with legacy or end-of-life devices, or provision of updates to make the App compatible with future devices in our absolute discretion.
Disclaimer and Liability
29. The views and comments on Content accessible via the App are those of the authors and do not necessarily reflect the views of Us or any of our officers or employees. We will not be responsible or liable for any material, information or data supplied by anyone else and accessible from the Websites/Services.
30. We make no warranty that the App or the underlying Services will be suitable for all of your requirements, that any content will be accurate or reliable, that the functionality of the App will be uninterrupted or free of errors, bugs, or viruses which may be harmful of destructive.
31. You shall fully and promptly indemnify Us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which We may suffer or incur as a result (directly or indirectly) of any breach by You of any obligation on You under the Terms.
32. We accept liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation or for any liability that We cannot exclude or limit at law.
33. To the extent permitted by law and, subject to section 31 above, to the extent permitted by law:
34. Our maximum liability to You (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your access to, use of or inability to access or use the Websites or Services or any material therein, or from any action or decision taken by You as a result of your access to the App/Services or any material therein, shall be £100;
35. We shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your access to, use of or inability to access or use the Websites or Services or any material therein, or from any action or decision taken by You as a result of your access to the Websites/Services or any material therein, for any (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business or opportunity; (j) loss of operation time; (k) loss of, damage to or corruption of data; whether or not such losses were reasonably foreseeable or had been advised to Us of the possibility of You incurring such losses. For the avoidance of doubt, items (b) to (k) above apply whether such losses are direct, indirect, consequential or otherwise.
36. Nothing in these Terms shall affect your statutory rights as a consumer.
37. Some of the Content may be restricted by territory and therefore may be unavailable in your location. You are not permitted to circumvent (or attempt to do so) such territorial restrictions by providing false information or by any other means.
38. If You are accessing the App outside of the UK on a permitted and lawful basis, certain elements of these Terms may not apply to You and You may have certain additional statutory rights in respect of Your use of or access to the App.
39. We shall not be liable or responsible for any delay or failure to perform, any of our obligations under these Terms if such delay or failure result from events, circumstances or causes beyond our control.
40. In the event that any provision or part of a provision of these Terms is or is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision or part thereof shall be severed from these Terms and the remainder of these Terms shall survive and remain in full force and effect.
Governing Law and Jurisdiction
41. These Terms shall be governed by and construed in accordance with English law and You and We hereby submit to the jurisdiction of the English courts in relation to any dispute or controversy concerning these Terms or the App.
42. You hereby agree to abide by all laws applicable to the jurisdiction in which you access, use or subscribe to the App and we shall have no liability of any nature for any breach by You of such laws.
43. You may contact us in relation to these Terms, the App or the Services by one of the following methods:
43.1. via contact form here
43.2. by post at the address stated at the top of these Terms.