Terms of Use
Updated and effective as of October 1st 2022
WELCOME TO THE PORTABLE NORTH POLE! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY OF OUR SITES AND MOBILE APPS
WHAT'S IN THESE TERMS?
These terms tell you the rules for using our websites (our sites and mobile Apps) and our PNP mobile apps (generally referred to below as apps). Our sites are the following, and also include any sub-domain name based on these Web addresses:
• https://www.portablenorthpole.com
• https://portablenorthpole.zendesk.com
•https://forms.monday.com/forms/
WHO WE ARE AND HOW TO CONTACT US
Our sites are operated and our apps are made available by Portable North Pole, which is a product and service offering and trading name of UGroupMedia, Inc., a Canadian corporation . We are registered in Quebec, Canada, under registration number 1164460678 and have our registered office at 460 Sainte-Catherine Street West, Suite 500, Montreal (Quebec) Canada H3B 1A7.
Contact us here.
HOW DO YOU AGREE OR CONSENT TO THESE TERMS OF USE?
By visiting any of the PNP Sites or using any of the PNP Services you are requested to accepting and to agreeing to these terms of use. If you do not want to accept and agree, get off the PNP Site and do not use it or any PNP Services.
If you do not agree to these terms, you must not use our sites or apps.
We recommend that you print a copy of these terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These terms of use refer to the following additional terms, which also apply to your use of our sites and apps:
• Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. Our Privacy Policy applies to you if you visit any of our sites, use any of our apps or services, or otherwise correspond with us by phone, email or otherwise. By using any of our sites or apps, you warrant that all data provided by you is accurate and that you will keep it up to date so that it remains accurate.
• Our Terms of Sale, which apply if we supply any products, services, apps or digital content to you through any of our sites.
You are also responsible for ensuring that all persons who access any of our sites or use any of our apps through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
WE MAY MAKE CHANGES TO THESE TERMS
We will notify you about material changes to these terms of use by either sending a notice to the e-mail address you provided to us when you created your PNP account or by placing a notice of the change on this page. Please check back frequently to see any updates or changes to these terms of use.
WE MAY MAKE CHANGES TO OUR SITES AND APPS
We may update and change our sites and apps from time to time to reflect changes to our products and services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
WE MAY SUSPEND OR WITHDRAW OUR SITES AND APPS
Our sites and apps are made available free of charge.
We do not guarantee that our sites or apps, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites and apps for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
WE MAY SUSPEND OR TERMINATE YOUR USE OF OUR SITES AND APPS
We retain the right at our sole discretion to deny access to and use of our sites and apps to anyone, at any time and for any reason, including breach of these terms of use.
OUR SITES AND APPS ARE NOT FOR USERS IN ALL LOCATIONS
Our sites and apps are directed to people residing in a number of locations, including the United Kingdom. We do not represent that content available on or through our sites and apps is appropriate for use or available in all locations.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password (PIN) or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to anyone else.
We have the right to disable any user identification code or password (PIN), whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password (PIN), or that any other breach of security has occurred or may occur in relation to your account, you must promptly notify us here
YOU MUST NOT USE ANYONE ELSE’S ACCOUNT DETAILS
You must only use your own name, user identification code, password (PIN) and other information that identifies you to our sites, and must not use any such name or information of any other person or in any manner impersonate anyone else.
HOW YOU MAY USE MATERIAL ON OUR SITES AND OUR APPS
Our sites and apps allow you to create personalised digital online content for yourself, your family and your friends, including videos and telephone calls, but only for your personal use. Personal use means that only you use our sites to create your personalised digital content, only you upload digital content for this purpose, and that you share the resulting content only with your family and friends, and only as permitted under these terms of use and our Terms of Sale
You may view the content that you personalised as long as it is available on our sites or apps, and you may send links to others to do the same. However you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell such content purchased or obtained from or through our sites or apps.
We are the owner or the licensee of all intellectual property rights in our sites and apps, and in the material published on them, except for the intellectual property rights in digital content uploaded by you or our other users. Those works are protected by copyright laws and treaties around the world. All rights in them are reserved.
You may print off one copy, and may download extracts, of any page(s) from our sites or apps for your personal use and you may draw the attention of others to content posted on our sites and apps.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our sites and apps must always be acknowledged.
You must not use any part of the content on our sites or apps for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our sites or apps in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
DO NOT RELY ON INFORMATION ON THE SITES OR APPS
The content on our sites and apps is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites and apps.
Although we make reasonable efforts to update the information on our sites and apps, we make no representations, warranties or guarantees, whether express or implied, that the content on our sites and apps is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our sites or apps contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources and will have no liability to you in respect of them.
Use of those sites or resources is likely to be subject to terms and conditions available on such sites (and not to these terms of use).
Examples of such sites may include Facebook, Twitter, Instagram, Pinterest, YouTube and PayPal.
USER-GENERATED CONTENT IS NOT APPROVED BY US
Our sites and apps may include information and materials uploaded by other users of the sites or apps. This information and these materials have not been verified or approved by us, and we are not responsible for them. The views expressed by other users on our sites and apps do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us here.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products, services, apps or digital content to you, which will be as set out in our Terms of Sale.
Please note that we only provide our sites and apps for domestic and private use. You agree not to use our sites or apps for any commercial or business purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, 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.
Where third party suppliers provide content, software, services or information through our sites or apps, they are independent contractors and not our agents or employees. Accordingly, we are not liable for their acts, errors, omissions, representations, warranties, breaches or negligence, or for any damages or expenses resulting from these things.
UPLOADING CONTENT TO OUR SITES OR APPS
The content that you upload to our sites or apps may include data and information about you, your family and your friends, including text, messages, photographs, video and audio recordings, and other images and data. Any personal data will be processed by us in accordance with our Privacy Policy.
Whenever you make use of a feature that allows you to upload content to our sites or apps, you must comply with the content standards set out in Acceptable use requirements below.
You warrant that any content that you upload shall comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of the warranty.
Any content you upload to our sites or apps will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content. The rights you license to us are described in Rights you are giving us to use material you upload below.
You warrant that you have obtained all necessary consents of other people to whom the content that you upload relates, or who may otherwise have rights in such content, and that you are able lawfully to grant the limited licence referred to above. You will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of the warranty.
We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our sites or apps constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any content you upload or posting you make on our sites or apps if, in our opinion, your content or post does not comply with the content standards set out in Acceptable use requirements below, or is not in all respects compliant with these terms of use.
You are solely responsible for securing and backing up your content.
RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to any of our sites or apps, you grant us the following rights to use that content:
• We may use that content to create personalised digital content for you as part of the services we provide, and to copy and transmit such personalised digital content to the intended recipients.
• We may make that content available to our suppliers and other third parties, for the above purpose.
You grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform the content that you upload to the sites or apps, in any form or medium whether now existing or invented in the future, as reasonably required in order to use and to permit use of the content uploaded or posted by you to any of our sites or apps, as described above.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our sites or apps will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our sites or apps. You should use your own virus protection software.
You must not misuse our sites or apps by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites or apps, the servers on which our sites or apps are stored or any server, computer or database connected to our sites or apps. You must not attack our sites or apps 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 our sites will cease immediately.
RULES ABOUT LINKING TO OUR SITES
You may link to the home page of any of our sites and apps, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to any of our sites or apps in any website that is not owned by you.
Our sites and apps must not be framed on any other site, nor may you create a link to any part of our sites or apps other than the home pages.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content
standards set out in Acceptable use requirements below.If you wish to link to or make any use of content on our sites or apps other than that set out above, please contact us here and request permission. We have no obligation to grant such permission.
ACCEPTABLE USE AGREEMENT
You must comply with the following requirements concerning acceptable use of our sites and apps.
Prohibited uses.
You may use our sites and apps only for lawful purposes. You may not use our sites or apps:
• In any way that breaches any applicable local, national or international law or regulation;
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• For the purpose of harming or attempting to harm minors in any way;
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards below;
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to access without authority, interfere with, damage or disrupt:
• Any part of our sites or apps;
• Any equipment or network on which our sites or apps are stored;
• Any software used in the provision of our sites or apps; or
• Any equipment or network or software owned or used by any third party.
Interactive services
We may from time to time provide interactive services on our sites and apps, including for example, chat rooms, bulletin boards, (interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our sites, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our sites or apps, and we exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you contribute to our sites or apps (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
• Be accurate (where they state facts);
• Be genuinely held (where they state opinions); and
• Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person;
• Contain any material which is obscene, offensive, hateful or inflammatory;
• Promote sexually explicit material;
• Promote violence;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Infringe any copyright, database right or trade mark of any other person;
• Be likely to deceive any person;
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• Promote any illegal activity;
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• Be likely to harass, upset, embarrass, alarm or annoy any other person;
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• Give the impression that they emanate from us, if this is not the case; or
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of these Acceptable use requirements through your use of our sites and apps. When a breach of these requirements has occurred, we may take such action as we deem appropriate.
Failure to comply with these Acceptable use requirements constitutes a material breach of these terms of use, and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our sites and apps.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our sites and apps.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these are Acceptable use requirements. The responses described in these requirements are not limited, and we may take any other action we reasonably deem appropriate.
WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
ENFORCEMENT OF THESE TERMS OF USE
If you fail to fulfil any of your obligations under these terms of use, we may terminate your rights granted under them and may pursue all available legal remedies to enforce them. You agree that our licensors referenced on or through our sites may enforce these terms of use directly against you, as they relate to their intellectual property.
The terms and policies above are in accordance with the laws of the England and Wales.
TRADE MARKS ETC
UGroupMedia, Inc., PNP Portable North Pole (and translations in multiple languages), and other related graphics, logos, designs, page headers, icons, scripts, service marks and trade names used on or in connection with our sites, are registered trade marks or service marks (in various countries), or are service marks, trade marks or trade dress belonging to us or to their respective owners. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our sites and our apps above.
WHAT IF ANY TERMS ARE INVALID?
If any part of these terms of use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.