Terms

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Pendulum Talks is a wholly owned and operated division of Pendulum Events and Training Limited. Pendulum Talks provides a subscription service that allows our members to access digital content streamed over the Internet to certain smartphones, computers and other devices.

The Pendulum Talks service is provided to you by Pendulum Events and Training Limited. These Terms of Use govern your use of our service. As used in these Terms of Use, "Pendulum Talks", "our service" or "the service" means the service provided by Pendulum Talks for discovering and watching Pendulum Talks content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

Membership

Your Pendulum Talks membership is a 12 month minimum term contract with 12 monthly payments. To use the Pendulum Talks service you must have Internet access and an internet ready device, and provide a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). Unless you cancel your membership before your monthly billing date, you authorize us to charge your next month's membership fee to your Payment Method (see "Cancellation" below). You can find specific details regarding your Pendulum Talks membership by visiting our website pendulumtalks.com and clicking on the "Your Account" link available at the top of the pages of the Pendulum Talks website under your profile name.

Declaration of Consent

I hereby give my consent for Pendulum Events and Training Limited (and its subsidiaries) to collect, process and use my personal data for the purposes of processing my membership subscription and for any other use to which I have consented.

I furthermore consent to the mathematical and statistical analysis of my personal data for advertising purposes (scoring). However, my e-mail address may be used for advertising purposes only with my express consent.

I also give my consent for my data to be updated and supplemented with additional data.

Accordingly, I give my consent for Pendulum Events and Training Limited (and subsidiaries) to collect data relating to me personally from public domain sources and to store these along with my personal data that are already under the control of Pendulum Events and Training Limited (and subsidiaries). I give my consent for Pendulum Events and Training Limited (and subsidiaries) to analyse this newly collected data together with the data already under their control and to use the same for the purpose of targeted advertising communications to me on relevant topics and products in connection with trade fairs and/or exhibitors of interest.

Personal information

When personal information (e.g. name, e-mail address, work address, phone numbers and other contact information) is provided through the Pendulum Events and Training Limited website or directly to us by e-mail you give consent to Pendulum Events and Training Limited for:

Processing and administering your personal data to perform all necessary actions to give effect to your request or instructions
Retaining a record of incoming and outgoing communications (e.g. email) to process your personal data as outlined in this Privacy Statement.
Pendulum Events and Training Limited may also collect the following information about you:
Information that you provide by filling in forms on our site.
Name and physical shipping, contact and payment addresses.
Email address and telephone numbers
Credit card, debit card or bank information.
Date of birth
Tax identification or VAT number (if applicable)
If you contact us we may keep a record of that correspondence.

We may ask you to complete surveys for research purposes, although you do not have to respond to them. Your personal preferences related to events and information that you share with us with your consent via third parties such as Facebook correspondence, testimonials, photos, blogs, writings, customer satisfaction surveys or customer service communications that you may send us.

Right of Access

You have a right to be given a copy of any of your personal data held by Pendulum Events and Training Limited in accordance with section 4 of the Data Protection Acts subject to certain exceptions. Requests for a copy of your personal data can be emailed to [email protected] or addressed to: The Office Manager, Pendulum Events and Training Limited, 51 South Mall, Cork.

Security

The security of your Personal Information is important to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, Pendulum Events and Training Limited cannot guarantee its absolute security and cannot accept any liability where the security of your Personal Information is compromised. The security of your personal information is important to us.

Provision of Services

In supplying the Service we will always use our reasonable skill and care but are unable to guarantee fault free performance. The Service is provided on a best efforts basis and we do not warrant that any connection to the Service will meet your requirements or will provide uninterrupted use or will operate as required or at any minimum speed, or error free. If you are unable to access the Service, you remain liable to pay all Charges that would otherwise apply.

Billing Cycle

The membership fee for the Pendulum Talks service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month.

Payment Methods

You can change your Payment Method by visiting our website and clicking on the "Your Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to continue charging the updated Payment Method, and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates.

Cancellation

You can cancel your Pendulum Talks membership at any time, and you will continue to have access to the Pendulum Talks service through the end of your billing period. A 12-month Minimum Term applies to the your Pendulum Talks membership. If you cancel your Pendulum Talks membership during the Minimum Term you will be required to pay an early cancellation fee which will not be greater than the amount outstanding on your account. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial annual membership periods or unwatched Pendulum Talks content. To cancel, go to the "Your Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Your Account" page.

You are entitled to cancel your order for Services under S.I. No. 484/2013 - European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013. To exercise the right to cancel, please contact us by phone 353 1 685 3370.


Pendulum Talks Service

The Pendulum Talks service and any content viewed through the service are for your personal and non-commercial use only. During your Pendulum Talks membership we grant you a limited, non-exclusive, non-transferable, license to access the Pendulum Talks service and view Pendulum Talks content. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

You agree to use the Pendulum Talks service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Pendulum Talks service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Pendulum Talks service; use any robot, spider, scraper or other automated means to access the Pendulum Talks service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Pendulum Talks service; insert any code or product or manipulate the content of the Pendulum Talks service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Pendulum Talks service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.


Changing the Terms and Conditions

Pendulum Events and Training Limited reserves the right to change these terms and conditions at any time. Any amended terms and conditions will be posted to this website.

Passwords and Account Access

The member who created the Pendulum Talks account and whose Payment Method is charged (the "Account Owner") has access and control over the Pendulum Talks account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the devices that are used to access the service and not reveal the password nor details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Pendulum Talks or our partners from identity theft or other fraudulent activity.

Miscellaneous

If any provision or part of a provision of this Agreement is held invalid, illegal or unenforceable for any reason, it shall be severed and the rest of the provisions in this Agreement shall continue as if the Agreement had commenced without that provision or part of that provision.

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