| 1 |
USE OF POCKIT
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If you access Pockit it must be for your own personal, non-commercial use.
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| 1.1 |
Unregistered Users
If you access Pockit but do not register with us, you are an "Unregistered User". As an Unregistered User, you can only access certain content and parts of Pockit, such as accessing the online message board (the "Forum"), browsing Forum topics and searching and reading Forum threads (together known as
"Unregistered User Benefits"). To benefit from the other features available on
Pockit, you will need to become a Pockit Guest (see paragraph 1.2 below) or a
Pockit Cardholder (see paragraph 1 below).
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| 1.2 |
Pockit Guests
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If you register on Pockit, you are a "Pockit Guest". To register you
must be over 18 years of age. In addition to your Unregistered User Benefits, as a Pockit Guest you can:
(a) create, edit and update your user profile and view the profiles of other
users;
(b) submit comments, recommendations and other text content to the Forum;
(c) access the blog on Pockit (the "Blog") and browse, search and comment
on the Blog,
(together the "Pockit Guest Benefits").
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| 1.3 |
Pockit Cardholders
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If you are a Pockit Guest, you can become a "Pockit Cardholder" by
registering for a Pockit prepaid card. For details of the different Pockit prepaid cards and Pockit Cardholder fees, please click here.
As a Pockit Cardholder you will be entitled to both Unregistered User Benefits
and Pockit Guest Benefits and will also be able to access full details of all
Pockit offers and discounts and be able to purchase services and products from
participating third party suppliers through Pockit (together the "Pockit
Cardholder Offers"). If you are a Monthly Pockit Cardholder, you will also have access to the Pockit Card Cashback Scheme. For further details of the Pockit Card Cashback Scheme, please click here.
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| 2 |
REGISTRATION
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| 2.1 |
This paragraph 2 applies to Pockit Guests and Pockit Cardholders only.
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| 2.2 |
You must ensure that the details provided by you on registration or at any time are correct and complete.
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| 2.3 |
You agree that you have provided us with accurate and complete registration
information and that you will tell us of any changes to that information so that we
are able to contact you about Pockit. We are unable to check the accuracy or
completeness of your registration information.
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| 2.4 |
Each registration is for a single Pockit Guest or Pockit Cardholder only.
Upon registration, you will be asked to create a login name using your email
address ("ID"). You are responsible for all use of Pockit using your ID and for
preventing unauthorised use of your ID. You are the only person authorised to use your ID. You may not allow third parties to use your ID, and to do so would be a serious breach of these Terms and Conditions. If you believe there has been
unauthorised use of your ID, you must tell us immediately by emailing the
Customer Services Team at help@pockit.com.
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| 2.5 |
We may ask you to change your password. If you do not do so when requested,
you may not be able to access certain areas of Pockit.
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| 3 |
SUSPENSION OR CANCELLATION OF YOUR REGISTRATION
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| 3.1 |
This paragraph 3 applies to Pockit Guests and Pockit Cardholders only.
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| 3.2 |
If we consider that your ID is being used in any way which we reasonably believe to be in bad faith or if we reasonably believe that you are in breach of these Terms and Conditions (including the Usage Rules), we may suspend your access to Pockit immediately and cancel your registration. If we do this we will notify you by email of the suspension or cancellation of your registration.
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| 3.3 |
If you are a Pockit Guest, you can cancel your registration at any time by
informing us in writing. For details of how and when you can cancel your
registration as a Pockit Cardholder, please click here.
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| 3.4 |
If your registration is cancelled or suspended, we reserve the right to delete all of
your Forum posts, Blog comments, your user profile and any other comments or
materials you have posted on Pockit (“User Content”).
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| 4 |
FEES
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| 4.1 |
If you are an Unregistered User or a Pockit Guest, your limited access and
use of Pockit is free of charge.
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| 4.2 |
If you are a Pockit Cardholder, you will pay a Cardholdership fee for full access to the Pockit Cardholder Offers. For full details of the fees, please click here.
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| 5 |
USER CONDUCT
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| 5.1 |
If you use Pockit, you must comply to the terms and conditions of the Usage
Rules.
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| 5.2 |
You are responsible for your User Content and for the consequences of posting it on Pockit. You understand that uploaded User Content will be available for
viewing, review and comment by other users of Pockit. |
| 5.3 |
Please use your discretion in disclosing personal information about yourself when
using Pockit.
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| 6 |
INTELLECTUAL PROPERTY
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| 6.1 |
You retain all of your ownership rights in your User Content. By submitting User
Content to Pockit you are granting us a perpetual, royalty free, non-exclusive
licence to reproduce, modify, translate, make available, distribute and allow others to use any User Content that you submit, in whole or in part, or in any form.
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| 6.2 |
You may retrieve and display content from Pockit on a computer screen provided that you keep intact all copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on Pockit without written permission from us. The content of Pockit other than your User Content (“Pockit Content”) is protected by copyright, trade marks, database rights and other intellectual property rights belonging to us and to our licensors.
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| 7 |
AVAILABILITY OF POCKIT
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| 7.1 |
Although we aim to offer you the best service possible, we make no promise that
Pockit will meet your requirements. We cannot guarantee that the website will be
fault-free. If a fault occurs, you should report it to the Customer Services Team at help@pockit.com and we will attempt to correct the fault as soon as we
reasonably can.
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| 7.2 |
Your access to Pockit may occasionally be restricted to allow for repairs,
maintenance or the introduction of new facilities or services. We will attempt to
restore Pockit as soon as we reasonably can.
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| 8 |
OUR RESPONSIBILITY TO YOU
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| 8.1 |
This paragraph 8 sets out our responsibility to you for your use and access of
Pockit.
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| 8.2 |
We do not guarantee the accuracy, completeness or quality of User Content. You understand and agree that we may, but are not obliged to, review Pockit and may delete or remove (without notice) any User Content in our sole discretion, for any reason.
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| 8.3 |
Although we will use reasonable skill and care in providing access to Pockit, we are unable to give any promise as to the accuracy, completeness or quality of Pockit Content. If we are informed of any inaccuracies in Pockit Content we will (without obligation) attempt to correct the inaccuracies reasonably soon. Any advice that we give on Pockit is provided free of charge and for general information only and so we are not responsible for any reliance that you place in it.
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| 8.4 |
Although we will implement reasonable security procedures to seek to ensure that no unauthorised third parties gain access to Pockit, the inherently insecure nature of the internet means that we do not and cannot guarantee the security of Pockit or any User Content.
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| 8.5 |
We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control. In particular we shall not be responsible for any User Content or any third party content you access within Pockit over which we do not have reasonable control. You waive any right to claim against us for any losses you suffer as a result of accessing such third party content.
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| 8.6 |
Subject to paragraph 8.8, if we are in breach of these Terms and Conditions we
will only be responsible for any losses that you suffer as a result and to the extent
that they are a foreseeable consequence to both of us at the time you become an
Unregistered User, Pockit Guest or Pockit Cardholder (as applicable).
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| 8.7 |
As Pockit is for personal, non-business use only, subject to paragraph 8.8, our
liability shall not in any event include business losses such as lost profits.
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| 8.8 |
Nothing in these Terms and Conditions seeks to limit or exclude our liability if
something we do negligently causes death or personal injury or if we act
fraudulently or for any other matter which it would be unlawful to exclude.
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| 9 |
YOUR RESPONSIBILITY TO US
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| 9.1 |
You must notify us immediately if you become aware of any misuse of Pockit or
the User Content appearing on it at any time.
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| 9.2 |
You agree to be responsible for all damage, losses, costs or expenses suffered by
us arising out of any breach by you of these Terms and Conditions.
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| 9.3 |
You are responsible for any breach of your obligations under these Terms and
Conditions and the consequences of any such breach.
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| 10 |
THIRD PARTY WEBSITES
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| 10.1 |
Pockit includes links to other websites or content which are beyond our control.
We are not responsible for any website or content outside Pockit.
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| 10.2 |
Pockit contains some links to websites where you may purchase goods or services associated with Pockit Content. Except as expressly set out in the Pockit Cardholder Terms and Conditions, we are not responsible for such websites, or any goods or services purchased from such websites.
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| 11 |
ADVERTISING AND SPONSORSHIP
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Part of Pockit may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that content submitted for inclusion on Pockit complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
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| 12 |
DATA PROTECTION
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We are committed to protecting and respecting your privacy. The Privacy Policy
sets out the basis on which any personal data we collect from you, or that you
provide to us, will be processed by us and how we may contact you for marketing purposes.
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| 13 |
AMENDMENTS
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We may update these Terms and Conditions from time to time for legal or
regulatory reasons or to allow the proper operation of Pockit. Any changes will be notified to you via a suitable announcement on Pockit. The changes will apply to the use of Pockit after we have given notice. If you do not wish to accept the new terms and conditions you should not continue to use Pockit. If you continue to use Pockit after the date on which the change comes into effect, your use of Pockit indicates your agreement to be bound by the new terms and conditions.
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| 14 |
GENERAL
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| 14.1 |
You may not transfer any of your rights under your contract with us to any other
person. We may transfer our rights under our contract with you to another
business where we reasonably believe your rights will not be affected.
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| 14.2 |
If you breach these Terms and Conditions and we choose to ignore this, we will
still be entitled to use our rights and remedies at a later date or in any other
situation where you breach these Terms and Conditions.
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| 14.3 |
These Terms and Conditions constitute the entire agreement between you and us
relating to its subject matter.
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| 14.4 |
We make no promise that materials on Pockit are appropriate or available for use in locations outside the United Kingdom, and accessing Pockit from territories where its contents are illegal or unlawful is prohibited.
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| 14.5 |
These Terms and Conditions are subject to English law. We will try to solve any
disagreements quickly and efficiently. If you are not happy with the way we deal
with any disagreement and you want to take proceedings against us, you must do
so in England or Wales.
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| 14.6 |
Pockit is operated by Pockit Limited, Cavendish House, 18 Cavendish Square, London W1G OPJ.; Company number 07157877; VAT registration number 992406303.
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