Terms of Services

This agreement applies between you, the Subscriber of the Web Based Application (USER) and the AlgoCircle Limited, a company registered in the United Kingdom (PROVIDER) of this Web Based Application, CoffeePulse. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your download or first access of CoffeePulse. If you do not agree to be bound by these Terms and Conditions, you should stop accessing or viewing CoffeePulse and uninstall and or delete it immediately.

USER and PROVIDER are, wherever the context so requires, hereinafter jointly referred to as ďthe PartiesĒ and individually as a ďPartyĒ, hereto.

  1. CoffeePulse
    ďCoffeePulseĒ is a service that provides global research and analysis of news and data on Coffee that is provided by PROVIDER via a subscription based website. The CoffeePulse service includes the website itself as well as the news, data, research and analysis within the website.
  2. PROVIDER
    PROVIDER refers to AlgoCircle Limited, a company registered in the United Kingdom and includes all associate companies, and shareholders, directors, advisors, employees, authorised representatives and agents of AlgoCircle Limited and its associate companies, either individually or as a group.
  3. USER
    USER is defined as any person who views, accesses or downloads any page, news, data, research and analysis on the CoffeePulse website, whether or not (s)he is the owner of the device on which CoffeePulse is viewed, accessed or downloaded.
  4. Consent to the TOS
    Before viewing, accessing or downloading CoffeePulse USER represents that USER has read and agrees to be bound by this Terms of Service Agreement (TOS), whether (s)he specifically records his/her acceptance to the same or not. Mere viewing, accessing, downloading or usage of CoffeePulse, including viewing the data signifies consent of the USER to this TOS.
  5. Exclusivity
    PROVIDER provides CoffeePulse on a non-exclusive basis to the USER.
  6. Intellectual Property
    CoffeePulse, including but not limited to data, text, content and graphics contained therein (all together termed herein as CoffeePulse), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. CoffeePulse is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up CoffeePulse are also copyrighted works. USER agrees to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in CoffeePulse. USER acknowledges that CoffeePulse has been developed, compiled, prepared, revised, selected, and arranged by PROVIDER through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of PROVIDER. USER agrees to protect the proprietary rights of PROVIDER in CoffeePulse during and after the term of this agreement and to comply with all reasonable written requests made by PROVIDER to protect its contractual, statutory, and common law rights in CoffeePulse. USER agrees to notify PROVIDER in writing promptly upon becoming aware of any unauthorized access or use of CoffeePulse by any individual or entity or of any claim that CoffeePulse infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to CoffeePulse (the "Intellectual Property Rights") shall, as between USER and PROVIDER, at all times be and remain the sole and exclusive property of PROVIDER. All present and future rights in and title to CoffeePulse (including the right to exploit CoffeePulse and any portions of CoffeePulse over any present or future technology) are reserved to PROVIDER for its exclusive use. Except as specifically permitted by the TOS, USER may not copy or make any use of CoffeePulse or any portion thereof. Except as specifically permitted herein, USER shall not use the Intellectual Property Rights or CoffeePulse, or the names of any individual participant in, or contributor to CoffeePulse or any variations or derivatives thereof, for any purpose, without PROVIDERís prior written approval.
  7. Restrictions on Use
    USER agrees to use CoffeePulse solely for USERís own benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. USER agrees not to use, transfer, distribute, or dispose of any information contained in CoffeePulse in any manner that could compete with PROVIDERís CoffeePulse. USER may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, modify, upload to, create derivative works from, transmit, or in any way exploit any part of CoffeePulse. Modification of CoffeePulseís content would be a violation of the copyrights and other proprietary rights of PROVIDER. Further, USER may not offer CoffeePulse in part or the whole for sale or distribute it for monetary considerations over any other medium including but not limited to Mobile / Cellular Telephones, Personal Digital Assistants, Smartphones, Tablets, or any other mobile communication or computing device, Television, Radio broadcast, printed media, any electronic means, any other website on the Internet including USERís own website. CoffeePulse and the information contained therein may not be used to construct a database of any kind, nor may CoffeePulse be stored (in its entirety or any part) in databases for access by any third party or distributed to any third party. USER may not use CoffeePulse in any way to improve of the quality of any data sold or contributed by USER to any third party.

    Furthermore, PROVIDER is concerned about the integrity of CoffeePulse when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, PROVIDER is concerned with activities such as bringing up or presenting content of CoffeePulse within another Web site ("framing"). In this regard, without limiting the provisions contained in our TOS, USER may not frame CoffeePulse, except with PROVIDERís express written permission. Further, USER may not archive, cache, or mirror any page or portions of CoffeePulse. If USER would like to use, reprint, frame, or redistribute any content other than as permitted herein, USER must request permission from PROVIDER.

    Furthermore, USER may not use any of the trademarks, trade names, service marks, copyrights or logos of CoffeePulse or PROVIDER in any manner which creates the impression that such items belong to or are associated with USER or, except as otherwise provided herein, are used with PROVIDERís consent and USER acknowledges that USER has no ownership rights in and to any such items. USER may not use CoffeePulse for any illegal purpose or in any manner inconsistent with the TOS. USER will not use CoffeePulse or the information contained therein in unsolicited mailings or spam material. USER will not use any trademarks, trade names, service marks, copyrights, or logos of PROVIDER in unsolicited mailings or spam material. USER agrees to comply with any other applicable terms and conditions of CoffeePulse set forth on CoffeePulse.
  8. License
    USER acquires absolutely no rights or licenses in or to CoffeePulse and materials contained within CoffeePulse other than the limited right to utilize CoffeePulse in accordance with the TOS. Should USER choose to download content from CoffeePulse, USER must do so in accordance with the TOS. Such download is licensed to USER by PROVIDER ONLY for USERís own use in accordance with the TOS and does not transfer any other rights to USER.
  9. Updates to CoffeePulse
    CoffeePulse will continue to be updated on all days barring days on which both UK and US markets are closed. PROVIDER will endeavor to update the data for CoffeePulse on best effort basis.
  10. USER Consent to Store and Retrieve Information and Cookies
    In order to effectively deliver relevant content and to enhance the USERís experience, CoffeePulse may store and/or retrieve information and/or Cookies on your computer, smartphone or tablet. In case USER does not wish to permit CoffeePulse to store and retrieve any information on his/her computer, smartphone or tablet, USER must disable or Block Cookies in his/her web browser(s), however please note that if USER does this (s)he may not be able to use the full functionality of this website. If USER does not disable or Block Cookies in his/her web brower(s), USER hereby provides his/her consent to CoffeePulse to store and retrieve information and Cookies on his/her computer, smartphone or tablet.
  11. USER Consent for Google Analytics
    This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer to help the website analyse how visitors use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States and other countries. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
  12. Cancellation and Refund Policy
    You can cancel your subscription at any time. We accept cancellations by email only. In case you wish to cancel, please email us on subscriptions@coffeepulse.watch at least 2 business days prior to your next billing date.

    When you cancel, we will stop charging your account from the next billing date that falls 2 business days after the receipt of your cancellation email. If your next billing date is within 2 business days from the receipt of your cancellation email, you may get charged for the next subscription cycle as we require a minimum of 2 business days to update cancellations in our automatic billing system. Billing dates are determined by the subscription package you purchased.

    Your subscription will continue till the end of the subscription cycle that you have been charged for. For example, if your subscription cycle is monthly, your unlimited access will continue for the remainder of the current monthly period.

    We are unable to process any refunds for payments received.
  13. Disclaimer and Limitation of Liability
    1. USER agrees that the USERís use of CoffeePulse is at USERís own risk and acknowledges that CoffeePulse and anything contained in CoffeePulse, including but not limited to, data, text, content and graphics are provided "AS IS" and "AS AVAILABLE," and that PROVIDER makes no warranty of any kind, express or implied, as to CoffeePulse, including but not limited to its accuracy, value, non-infringement or fitness for a particular purpose or use.
    2. In the preparation of CoffeePulse under this agreement, PROVIDER will use information that is publicly available. PROVIDER accepts no responsibility for the accuracy of such information and shall not be liable for any loss direct or indirect, caused to USER and any final recipient from the use of CoffeePulse.
    3. PROVIDER does not warrant that CoffeePulse is free of errors or delays. USER agrees that PROVIDER and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for any of the following, even if PROVIDER or its authorized representative has been notified orally or in writing of the possibility of such damage:
      1. any damages, whether caused by the negligence of PROVIDER, or its affiliates, directors, officers, employees, representatives, successors, and assigns, or otherwise arising in connection with CoffeePulse and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against PROVIDER by any other party; or
      2. any fault, inaccuracy, omission, delay, or any other failure in CoffeePulse caused by USERís device or arising from USERís use of CoffeePulse on such device.
    4. PROVIDER is also not responsible for the reliability or continued availability of the application platform, computer servers, telephone lines, wireless services, communications media, and equipment USER uses to access CoffeePulse.
    5. PROVIDER may revise this TOS at any time without notice. By using this app you are agreeing to be bound by the then current version of this TOS.
    6. The features or software for CoffeePulse may undergo changes from time to time. PROVIDER reserves the right to add or remove features, functions and data available in CoffeePulse at its own sole discretion. PROVIDER also reserves the right to request USER to upgrade the version of CoffeePulse installed on the device of the USER. It will be USERís sole responsibility to upgrade the version of CoffeePulse at his/her own cost. PROVIDER may or may not discontinue the functioning of any previous version of CoffeePulse at its sole discretion.
    7. USER acknowledges that:
      1. CoffeePulse is provided for information purposes only and is not intended for trading or investment purposes
      2. CoffeePulse may include certain information taken from stock exchanges, financial markets and other sources from around the world;
      3. PROVIDER does not guarantee the sequence, accuracy, completeness, or timeliness of CoffeePulse;
      4. none of the information contained in CoffeePulse constitutes a solicitation, offer, opinion, or recommendation by PROVIDER to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and
      5. the information provided in CoffeePulse is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, PROVIDER, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to USER or any other person for any: (a) inaccuracies or errors in or omissions from CoffeePulse including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of CoffeePulse; or (c) loss or damage arising there from or occasioned thereby, or by any reason of nonperformance.
    8. Under no circumstances, including but not limited to negligence, shall PROVIDER, its suppliers, agents, directors, officers, employees, representatives, successors or assigns be liable for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if PROVIDER has been advised specifically of the possibility of such damages, arising from use of or inability to use CoffeePulse or any links or items on CoffeePulse or any provisions of the TOS, such as , but not limited to, loss of revenue or anticipated profits or lost business. Applicable laws may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall PROVIDERís liability to USER for all damages, losses and causes of action including but not limited to negligence, exceed the amount paid by USER for CoffeePulse in the preceding two months, if any, for accessing CoffeePulse.
  14. USERís Authority to Agree to this TOS
    USER represents, warrants and covenants that USER has the power and authority to enter into this agreement.
  15. Termination
    1. USER may terminate the TOS, with or without cause and at any time by cancelling his/her subscription to CoffeePulse in accordance with clause 10 herein and discontinuing USERís use of CoffeePulse and destroying all materials obtained from CoffeePulse.
    2. USER agrees that, PROVIDER may terminate the TOS at any time with Thirty Days (30) notice. USER further agrees that PROVIDER may terminate the TOS and/or suspend USERís access to CoffeePulse at any time effective immediately if USER violates the TOS. The TOS will terminate immediately without notice from PROVIDER if USER, in PROVIDERís sole discretion, fails to comply with any provision of the TOS.
    3. PROVIDER shall not be liable to USER or any third party for the termination or suspension of CoffeePulse, or any claims related to the termination or suspension of CoffeePulse. Upon termination of the TOS by USER or PROVIDER, USER must discontinue USERís use of CoffeePulse and destroy promptly all materials obtained from CoffeePulse and any copies thereof.
  16. Governing Law
    The TOS shall be governed and construed according to English Laws and the Parties hereby submit to the exclusive jurisdiction of the courts in London, United Kingdom. In case of a dispute under this TOS, both PARTIES may agree to enter into Arbitration in place of litigation. Any such Arbitration shall be conducted under the UK Arbitration Act 1996 and the award of such Arbitration shall be binding on both parties.
  17. Miscellaneous
    USER accepts that PROVIDER has the right to change the content or technical specifications of any aspect of CoffeePulse at any time in PROVIDERís sole discretion. USER further accepts that such changes may result in USERís being unable to access CoffeePulse. The failure of PROVIDER to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Sections 1 through 14, 15 c, and 16 through 21 shall survive any termination of the TOS.
  18. Successors and Assigns
    This Agreement shall be binding and shall ensure to the benefit of the Parties' respective lawful heirs, successors, assigns, executors or administrators.
  19. Headings
    The section titles in the TOS are used solely for the convenience of USER and PROVIDER and have no legal or contractual significance.
  20. Severability
    If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.
  21. Entire Agreement
    The TOS and any other terms and conditions of CoffeePulse, and its successor, constitute the entire agreement between USER and PROVIDER and govern USERís use of CoffeePulse.

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