Effective Date: 3 AUGUST 2017
Welcome to Pocket PA
Introducing Pocket PA – the one-stop small business app that helps you saves time and money, every single day. It’s never been easier to run your business on the go through your smartphone. Pocket PA helps you schedule and manage all your clients and appointments in one place, reminds you to log your payments and expenses, and gives you up to the minute overviews on your paid and expected income and spending on one simple screen. No more guessing what your profit will be! You can stop worrying about doing all of your accounting at the end of the year – with Pocket PA your books are kept up to date every day as you go along. Enter in each payment and snap photos of your receipted expenses and they will never get lost as they are all backed up and saved on the cloud. Genius! Concentrate on what you do best and let Pocket PA take care of all your business admin. It’s like having a PA in your back pocket, for only a fraction of the cost.
These Terms and Conditions (“Terms”) document the legally binding terms and conditions attached to the use of the website at www.pocketpa.com (the “Website”), the Pocket PA Application (the “Application”) and any services offered through the Website or Application (the “Services”), collectively the “Platform.” The Platform is owned and operated by Zomsko Ltd. UK (“Company” or “We”). By using or accessing the Website in any way, viewing or browsing the Website, by downloading, installing or using the Application or any portion thereof, you the (“User” or “you”) are agreeing to be bound by these Terms and Conditions (the “Terms” or “Agreement”). By registering to use the Platform you acknowledge that You have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
Company reserves the right to change these terms at any time, effective upon the posting of modified terms and Company will make every effort to communicate these changes to You via email or notification via the Website or Application. It is Your obligation to ensure that You have read, understood and agree to the most recent Terms available on the Platform.
These Terms were last updated on 2 August 2017.
“Agreement” means these Terms and Conditions.
“Subscription Fee” means the monthly fee (excluding any taxes and duties) payable by You in accordance with the Fee Schedule.
“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, 1) publicly available other than through unauthorised disclosure by the other party, 2) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure, 3) is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or 4) is independently developed without access to the Confidential Information.
“Data” means any data inputted by You or with Your authority into the Platform.
“Fee Schedule” means the information relating to subscriptions and billing set out on the Company subscriptions and billing pages on the Platform, or any other page(s) on the Website notified by Company, which may be updated or amended by Company from time to time.
“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
2. Use of Software
Company grants You the right to access and use the Platform in accordance with the End User License Agreement.
3. Your Obligations
If you do not agree to the modified Terms, you must stop using the Platform. You can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). If you have any questions about the Terms, please email us at firstname.lastname@example.org.
In these Terms, our customers and the persons to whom they give access to their account are called “Subscribers”, and our customers’ customers who use the Platform (for example, to view or pay Subscribers’ invoices) are called “Customers”. In these Terms, users of the Platform, whether they are Subscribers, Customers, members, people who post comments on the Website, or casual browsers of the Website, are called “Users”.
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application.
The Services are not intended to be used by children. You must be at least eighteen (18) years old to use the Services. If we determine that a User is under the age of eighteen (18), we will terminate that User’s use of the Services.
a. General Obligations
You must only use the Platform for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Company or condition posted on the Platform. You may use the Platform on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
b. Access Conditions:
- You must ensure that all usernames and passwords required to access the Platform are kept secure and confidential. You must immediately notify Company of any unauthorized use of Your passwords or any other breach of security and Company will reset Your password and You must take all other actions that Company reasonably deems necessary to maintain or enhance the security of Company’s computing systems and networks and Your access to the Services.
- As a condition of these Terms, when accessing and using the Platform, You must:
- (i) not attempt to undermine the security or integrity of Company’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
- (ii) not use, or misuse, the Platform in any way which may impair the functionality of the Services or Website, or Platform used to deliver the Services or impair the ability of any other user to use the Services or Website;
- (iii) not attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which the Platform are hosted;
- (iv) not transmit, or input into the Platform, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
- (v)not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Platform except as is strictly necessary to use either of them for normal operation.
c. Communication Conditions:
As a condition of these Terms, if You use any communication tools available through the Platform (such as any forum, chat room or message center), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Platform, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
When You make any communication on the Platform, You represent that You are permitted to make such communication. Company is under no obligation to ensure that the communications on the Platform are legitimate or that they are related only to the use of the Platform. As with any other web-based forum, You must exercise caution when using the communication tools available on the Platform. However, Company does reserve the right to remove any communication at any time in its sole discretion.
4. Confidentiality and Privacy
- Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
- Each party’s obligations under this clause will survive termination of these Terms.
5. Registration Data; Account Security
If you register for an account on the Platform, you agree to (a) provide true, accurate, current and complete information as may be prompted by any registration forms on the Platform (“Registration Data”); and (b) promptly update the Registration Data and any other information you provide to Company, to ensure it remains true, accurate and complete.
6. Fees; Charges; Taxes
Fees and any other charges for the use of the Application are described on the Website. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Platform after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.
Typographical, illustrative or pricing errors may occur on the Platform. We reserve the right to correct errors at any time. All prices are quoted and are payable depending on the currency utilized by the Apple Store in your location, and, unless otherwise stated, are quoted before shipping charges, GST, PST, QST, HST or other applicable taxes which will be added on top of the quoted price, but itemized separately. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
The Company may operate, utilize, or apply reduced or discount pricing to any product or Service offered through the Website, pursuant to a discount policy. Such discount policy will be operating, maintained, utilized, and applied at Company’s discretion. Any such price reduction or alterations is not guaranteed or warranted, and may not be exchanged for money or credits at any point in time.
6. Intellectual Property
Title to, and all Intellectual Property Rights in the Services, the Website and the Platform, and any documentation relating to the Platform remain the property of Company (or its licensors).
2. Ownership of Data:
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of any fees when due. You grant Company a license to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
3. Backup of Data:
You must maintain copies of all Data inputted into the Service. Company adheres to its best practice policies and procedures to prevent data loss, but does not make any guarantees that there will be no loss of Data. Company expressly excludes liability for any loss of Data no matter how caused You may email data via CSV file for some of the data we hold .
4. Your Limited License of Your User Content to Company
We do not claim any ownership interest in your Data, but we do need the right to use your Data to the extent necessary to operate the Platform and provide the Services, now and in the future. For example, if you leave comments on the Website or Application, we need your license to display that Data on the Services, and we need the right to sublicense that Data to our other Users so that they can view that Data.
Therefore, by posting or distributing Data to or through the Platform, you (a) grant Company and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such Data; (b) represent and warrant that (i) you own and control all of the rights to the Data that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that Data, to or through the Platform; and (ii) the use and posting or other transmission of such Data does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your Data is intended for the use of other Users (for example, if you issue invoices to Customers or authorize third parties to access your Data through the Platform), you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such Data to such Users for their use in connection with their use of the Platform, as described in these Terms.
5. Our Limited License of Content to You
Company grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Platform and to view, copy and print the portions of the content available to you through the Platform. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Platform for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Platform (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Platform; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Platform or the content other than for their intended purpose.
Except as expressly permitted above, and in the End User License Agreement, any use of any portion of the Platform without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Company at any time.
You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact Company at the address set out at the bottom of these Terms.
- Location Information.
You acknowledge and agree that by accepting the Terms or using Company you affirmatively consent to Company’s’ collection, use, disclosure and storage of your location information.
You may revoke your consent with respect to Company’s’ collection, use, disclosure and storage of your location information at any time by contacting email@example.com and deleting the Application from your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.
If you consent to our collection of location information and you do not subsequently stop the collection of this location information, Company will continue to collect this location information.
If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, Company will resume the collection of location information.
Company takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
You may not use Company to collect another individual’s location information. If you violate any of this restriction or any other restriction, you will have breached the Terms, which may subject you to prosecution and damages.
9. Providing a Reliable and Secure Service
We take reliability and security seriously, and put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data.
However, although all payments are facilitated through a third-party payment provider, it is important to note that no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use Company, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. In particular, Subscribers who enable auto-billing and choose to store the credit card information of their Customers accept these risks to the security of that credit card information. When storing credit card information using the Company, Subscribers acknowledge that they are aware of, and accept as satisfactory, Company’ credit card protection procedure. Credit card data is provided by Subscribers and their Customers, and they are responsible for its protection.
If a third party is authorized through your Company account to have access to your User Content through the Company, we cannot control and are not responsible or liable for the third party’s use of your Data or account.
9. No Responsibility for Third-Party Services, Sites or Content
As a service to our Users, the Platform may contain links to third-party Web sites (“Third-Party Sites”) or third-party content (“Third-Party Content”) and may provide third-party services (“Third-Party Services”), including payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use Third-Party Sites, Third-Party Content (together, the “Third Party Materials”) or Third-Party Services at your own risk.
Company makes no claim or representation regarding Third-Party Materials and Third-Party Services, and provides them or links to them only as a convenience. Inclusion in the Services of Third-Party Materials does not imply Company’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Materials. Company accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Materials, or Web sites linking to the Services. When you leave the Services, our terms and policies no longer govern, and when you use Third-Party Services their terms and policies apply. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Materials and Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Examples of such third providers are given in the Schedule to these Terms entitled “Third Party Providers”.
The provider of Third-Party Materials and Third-Party Services is solely responsible for such Third-Party Materials and Third-Party Services, the content therein, any warranties to the extent that such warranties have not been disclaimed, any training, support or maintenance for the Third-Party Materials and Third-Party Services, and any claims that you or any other party may have relating to that Third-Party Materials and Third-Party Services or your use of them. You acknowledge that you are purchasing the license to Third-Party Materials and Third-Party Services from the provider of those Third-Party Materials and Third-Party Services; Company is acting as agent for the provider in providing such Third-Party Materials and Third-Party Services to you; Company is not a party to the license between you and the provider with respect to such Third-Party Materials and Third-Party Services; and Company is not responsible for such Third-Party Materials and Third-Party Services, the content therein, or any warranties or claims that you or any other party may have relating to such Third-Party Materials and Third-Party Services or your use of them.
You acknowledge and agree that Company and its affiliates are third party beneficiaries for such Third-Party Materials and Third-Party Services, and that, upon your acceptance of the terms and conditions of the license to any such Third-Party Materials and Third-Party Services Company will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.
10. Advertisements and Promotions
Company may run advertisements and promotions from third parties on the Platform. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company does not endorse and such third parties and is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
- Not Legal or Financial Advice
Company, its directors, affiliates, officers, employees, agents, contractors, successors and assigns do not accept any liability for any decisions made on the basis of this information. This Platform does not constitute legal or financial advice and should not be taken as such. Company urges you to obtain professional advice before proceeding with any investment, business, legal, or financial decision.
12. Warranty Disclaimer
YOUR USE OF THE SITE, SERVICES, SOFTWARE (INCLUDING WITHOUT LIMITATION, THE APPLICATION AND THE PLATFORM), AND CONTENT (COLLECTIVELY, THE “COMPANY SOLUTION”), AND ANY THIRD PARTY MATERIALS OR THIRD PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK, AND EXCEPT AS DESCRIBED IN THIS AGREEMENT, ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION THAT THE COMPANY SOLUTION OR THIRD PARTY MATERIALS OR THIRD PARTY SERVICES ARE OR WILL (A) BE FIT FOR A PARTICULAR PURPOSE, (B) BE OF GOOD TITLE, (C) BE OF MERCHANTABLE QUALITY; OR THEY DO NOT OR WILL NOT INTERFERE WITH OR INFRINGE OR MISAPPROPRIATE ANY INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE, THE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED AS TO THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE COMPANY SOLUTION. COMPANY, ITS SUBSIDIARIES AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE COMPANY SOLUTION IS OR WILL BE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, DATA LOSS, ERRORS, THEFT OR DESTRUCTION.
SOME TERRITORIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.
COMPANY, ITS SUBSIDIARIES AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PLATFORM WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
12. Limitation of Liability; Company
You waive and shall not assert any claims or allegations of any nature whatsoever against Company, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Company Solution or any Third Party Materials or Third Party Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Company Solution or any Third Party Materials or Third Party Services. You use the Company Solution or any Third Party Materials or Third Party Services at your own risk.
Without limitation of the foregoing, neither Company nor any other Released Party shall be liable for any direct, special, indirect, incidental, exemplary, punitive, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Company Solution or any Third Party Materials or Third Party Services, including without limitation any damages caused by or resulting from your reliance on the Company Solution or any Third Party Materials or Third Party Services or other information obtained from Company or any other Released Party or accessible via the Company Solution or any Third Party Materials or Third Party Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Company or any other Released Party’s records, programs or services.
In no event shall the aggregate liability of Company, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Company Solution exceed any compensation paid by you for access to or use of the Company Solution during the three months prior to the date of any claim. In no event shall Company have or incur any liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use any Third Party Materials or Third Party Services.
You shall defend, indemnify and hold harmless Company and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Company Solution or any Third Party Materials or Third Party Services, and if you are a Subscriber, from your Customers’ use of the Services and from the use of the Company Solution or any Third Party Materials or Third Party Services by any person to whom you give access to your account (including staff or advisors), including any claims made by any person that any of your, and if you are a Subscriber, your Customers’, User Content infringes the rights, including the intellectual property rights, of any third party (collectively, “Indemnified Claims”). Company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Indemnified Claims. You agree to reasonably cooperate as requested by Company in the defense of any Indemnified Claims.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data. Or we may post a notice to Subscribers and Customers in the dashboard area of your account on the Platform, or post the notice elsewhere on the Website. When we post notices on the Website, we post them in the area of the Website suitable to the notice. It is your responsibility to periodically review the Website for notices.
14. Communications Through the Platform
Depending on your selections, certain features of the Platform may allow for or require communications with your or your customers via telephone, email, or text message. Company accepts no liability for any costs, expenses, data charges, or usage limitations associated with any such communications. You accept sole responsibility for any associated fees.
15. Applicable Law and Venue
The Platform is controlled by Company and operated by it from its offices in London, England. You and Company both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Company explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Platform, Website, or the Services will be governed by the laws of the England, and the laws applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
If you choose to access the Services from locations other than England, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Company and the other Released Parties for your failure to comply with any such laws.
15. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, Company reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Platform, or any portion thereof and the rights of any third party to which you have granted access to your Data through the Platform; (b) block or prevent your future access to and use of all or any portion of the Platform and the rights of any third party to which you have granted access to your Data through the Platform; (c) change, suspend or discontinue any aspect of the Platform; and (d) impose limits on the Platform.
16. Inactive Accounts; Termination of Agreement
If your account is inactive for at least two months (as determined by Company), we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at firstname.lastname@example.org. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.
You and Company may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period. When your Company account is terminated, your Data will, shortly thereafter, not appear on the Platform, except for Data submitted to public areas of the Platform, which may remain on the Platform after termination. We may also retain an archival copy of your Data after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
18. Questions and Comments
If you have any questions regarding these Terms or your use of the Services, please contact us here: email@example.com