Effective Date Feb 11, 2017
Agreement to Terms
IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY.
Services We Provide. Pokyshop connects homeowners and other third parties (individually, "User," collectively, "Users") and home improvement service providers (individually, a "Pro," collectively, "Pros"). We help Users discover inspiring home projects, learn about project costs and select a Pro based on characteristics that matter most to them. We help Pros increase their online presence, showcase their work, and connect with Users in need of their services.
No Responsibility, Endorsement or Guarantee for Pros; Estimates. Pokyshop does not deliver, and is not responsible for, any Pro’s products, services or advice. The Pros are not employees, contractors or agents of Pokyshop, and Pokyshop is not an agent of any Pro. Pokyshop does not sponsor, endorse, recommend or approve any Pro who offers products or services through the Services. While we try to confirm that Pros meet certain requirements, we cannot and do not represent or warrant that any Pro is licensed, qualified, bonded, insured or capable of performing any service. Except as expressly provided in our Pokyshop Guarantee, we do not make any guarantees, warranties or representations of any kind regarding any Pro, any advice or other information that a Pro provides or the products or services that a Pro provides, and we are not responsible for any action or inaction of any Pro. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. We do not guarantee that the Services can match a User’s service needs with a Pro or that there are Pros in a User’s area that are capable of and willing to meet a User’s service needs. Any quote or estimate provided in connection with the Services is only a guide, is not a contractually binding offer, and is not a guarantee of the actual cost of your specific project. When you work with a Pro, your rights will be governed by your contract with the Pro and by applicable federal, state and local laws.
Third Party Materials. The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, "Third Party Materials"). These Third Party Materials are not owned or controlled by Pokyshop. These Third Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Pokyshop.
Permissible Use and Pokyshop Intellectual Property
Grant of Limited License to Users. Subject to your compliance with these Terms, we hereby grant you, as a User, a limited, revocable, non-exclusive, non-transferable and non-sub licensable right to access and use the Services for your personal, non-commercial and informational use only. Grant of Limited License to Pros. Subject to your compliance with these Terms, we hereby grant you, as a Pro acting in your professional capacity, a limited, revocable, non-exclusive, non-transferable and non-sub licensable right to access and use the Services for the purpose of providing information, products and services as contemplated by the Services.
Pokyshop Services are Protected. The Services, including all material and information, and the selection, arrangement and composition of such information ("Materials") are proprietary property of Pokyshop, its suppliers, and licensors and are protected by United States and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
No Reverse Engineering. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law).
No Automated Queries; No Harvesting. You may not access, download, monitor, or copy any information or content contained on or in the Properties or the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any content or information through any means that Pokyshop does not intentionally made available through the Properties and the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Users or Pros for any purpose.
No Improper Uses. You may not frame any part of our Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including, but not limited to, attempting to gain unauthorized access to any portion of the Properties, the Services, or any other systems connected to the Properties and Services). You may not use or access the Properties or the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm Pokyshop, its service providers, suppliers, other Users or any other person.
User Submissions and Other Collected Information
Accurate Information. If you are a User, you will be asked to disclose certain information about yourself and your service requirements when you submit a request for Pro services and when you open or confirm your account. You agree to provide us with accurate, complete and up to date information and to keep it updated, complete and correct.
If you are a Pro, you will be asked to open an account and may be asked to complete a profile in connection with the Services. You agree to promptly complete your profile and to provide us with such additional information as we reasonably request; to provide accurate, complete and up to date information in connection with the Services; and keep that information updated, complete and correct.
Security of Account. You agree you won't disclose your password to anyone and you'll notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.
Collected Data Definition. You agree and acknowledge that Pokyshop and Pros may collect text, photos, videos, measurements, comments, reviews, feedback, notes, ideas, know-how, techniques, data or other information (individually and collectively, "Information") before, during, and after the provision of Services, or otherwise in connection with the Services, relating to you, your household, your business, your real or personal property or otherwise (individually and collectively, "Collected Information").
You Are Responsible for User Submissions. The Services may permit you and other Users and Pros to submit Information (individually and collectively, "User Submissions"). The person submitting a User Submission, and not Pokyshop, is solely responsible for that person’s User Submission and the consequences of submitting it. By way of example and not limitation, if a Pro provides you with advice or other information, the Pro (and not Pokyshop) is solely responsible for that advice and information. You acknowledge and agree that Pokyshop has no obligation to pre-screen your or any other person’s User Submissions.
Knowingly submitting false names or contact information not only wastes everybody’s time, it could result in harm to consumers (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for Pokyshop and its service providers and partners, and. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO ANY NAME OR CONTACT INFORMATION THAT IS NOT YOURS (WHETHER IT’S SOMEONE ELSE’S OR JUST MADE UP), YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO POKYSHOP AND EACH PRO OR OTHER PARTY WHO ACCEPTS THAT SERVICE REQUEST FOR ANY LOSSES, LIABILITIES, DAMAGES (DIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER), FINES OR PENALTIES, AND COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) INCURRED BY THE AFFECTED PARTIES IN CONNECTION WITH THE IMPROPER SUBMISSION.
Confidentiality of User Submissions. Pokyshop will not display the address of projects or precisely pinpoint the project location on a map to all Users. However, you acknowledge and agree that Pokyshop and its licensees may display the address and other User Submissions associated with a given project to a limited audience, including the homeowner of that address, prospective buyers of a home that is for sale, and other third parties. You further acknowledge and agree that the description of the project for which you request Pro services, all information contained in any reviews of Pros that you submit and any photos that you upload may be viewed by the general public and will not be treated as proprietary or confidential. Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information that you do not wish to be seen by the general public.
License to User Submissions. With respect to both User Submissions and Collected Information, you grant Pokyshop a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, publish, broadcast, publicly perform and display, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions and Collected Information in any form and any medium. We will not pay you or otherwise compensate you for User Submissions or Collected Information.
Do Not Post Illegal or Harmful Content. You agree that you are the exclusive owner of all rights in the User Submissions and such rights have not been assigned or encumbered. You agree not to post, submit or link to any User Submissions or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state or local law, rule or regulation. Additionally, you agree not to post, submit or link to any User Submissions or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Pokyshop.
Do Not Post Improper Content. You agree not to post, submit or link to any User Submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.
Reviews of Pros. Review guidelines are here -
Review of User Submissions. We do not approve, control or endorse your or anyone else's User Submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify User Submissions for any reason, at our sole discretion. Suggestions. If you elect to provide or make available to Pokyshop any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), Pokyshop will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
Telephone Calls and Other Communications. When you contact us, when we contact you, or when you communicate with a Pro or a User through the Services (including when we forward calls between Users and Pros), we may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes. You consent to this monitoring and recording.
Accuracy of Information. Pokyshop makes no representation or warranty about the accuracy or suitability of the User Submissions or other information displayed on the Properties or provided through the Services. We use commercially reasonable efforts to promptly update any incorrect information displayed on the Properties, when we are notified or otherwise become aware of such inaccuracy.
Additional General Terms for Pros
If you are a Pro, the terms in this section also apply to you.
Licenses and Obligations. As a Pro, you agree that you will solicit, accept and perform work only if you possess the qualifications, experience and skill necessary to complete such work, and you will complete such work with the degree of skill and care that is required by current good and sound professional procedures and practices in accordance with applicable industry standards. You also agree that you have (and will continue to maintain) current valid licenses, authorizations, insurance and bonding required by all applicable authorities for any work you solicit, accept or perform. Response Time. You agree that, if you receive a homeowner’s request for a Pro to provide services, you will respond to the homeowner as soon as possible but in any event within 24 hours. If you do not timely respond to the homeowner, Pokyshop reserves the right to send that project request to another Pro and to terminate your right to respond to it.
Informational Requests. You agree to comply with Pokyshop's informational requests from time to time in connection with the Services, including providing information to be used by Pokyshop (or its third party service providers) to perform background checks, credit checks, evaluations of reputation and character and other assessments, and to confirm status if we have connected you with a User.
Taxes. You agree to be properly registered to collect sales, use, excise and other taxes, duties, and other governmental assessments in connection with your products or services ("Taxes"). You acknowledge and agree that you are responsible for collecting, withholding, remitting and reporting all applicable Taxes on the provision of your products or services to Users. You agree that you, and not Pokyshop, are solely responsible for all matters related to Taxes.
Updated Information. You agree to immediately notify us if: (i) any information you have provided to Pokyshop, or any relevant information about you, has changed, (ii) a User has notified you that they have a complaint with you or any products or services provided by you, (iii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental authority with respect to your professional license or your products or services, or (iv) you have been notified of any termination, suspension, or lapse of any professional license, insurance or bonding.
Information Regarding Users. Pokyshop may provide you with personal information relating to individuals that are seeking products or services. You may not rent, sell or otherwise provide this information to others without such individual’s consent or except as required to provide your products or services to such individual. You may not use, or attempt to use, this information in a manner that would violate these Terms or for any purpose not intended by Pokyshop.
Reviews. You agree to link your website to your Pokyshop profile, at a place on your website determined by you, using the following text: "Review my projects and endorsements on Pokyshop.” When you include an email address of a past customer in your project information, you agree that we may reach out to that person asking for reviews and recommendations of you and inviting them to create an account on Pokyshop.
Quality Control. Pokyshop representatives and our service providers may access and monitor your Pro account and usage and communication information and may monitor, review and use such account and usage and communication information as they deem appropriate, including (for example) as reasonably needed to confirm status of project requests when we have connected you with a User, to investigate complaints or billing issues, to provide services to you, and to verify information you or Users have provided.
Pro Phone Number; Communications. You are aware and agree that the telephone number listed for your business in connection with the Services may be a call forwarding number used by Pokyshop that is different than your personal or business phone number. This number is utilized by Pokyshop to improve its products and services, to improve its service to Pros, for quality control and for other purposes (such as those described above). We may monitor and/or record calls on this number and other communications with Users that you make through the Services. You consent to this monitoring and recording.
Confidentiality. If you receive confidential information from Pokyshop, until such information is no longer confidential, you agree not to use it or disclose it to any third party except as necessary to perform your obligations contemplated by our relationship. Confidential information includes but is not limited to information concerning Pokyshop’s fees, marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information that is not generally known to the public.
Independent Contractor. You acknowledge that you are an independent contractor and no agency, partnership, joint venture or employee-employer relationship with Pokyshop is intended or created by these Terms or any relationship between us, that you have no power or authority to make any commitments on behalf of Pokyshop, and that Pokyshop has no power or authority to make any commitments on your behalf. You will be solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your personnel.
Products and Services for Pros
If you are a Pro, the terms in this section also apply to you.
Certain Pokyshop Services give Pros the right to contact homeowners who have requested that a Pro contact them for a particular project (a “project request”). Information regarding a project request, and the right to respond to it, may be made available to a Pro through email, through a telephonic connection, through Pokyshop’s communications platform, or by other means. The right to respond to project requests can be purchased through Services that have a recurring financial obligation every month (or other time period) (“Premium Products”) or that have a financial obligation for each project request response or other product that a Pro buys (“Transaction Products”). Premium Products and Transaction Products are collectively referred to as “Pro Products.”
No Guarantee. As a Pro, you agree and acknowledge that Pokyshop cannot and does not guarantee the results of any Pro Product, including the exposure you will receive as part of the Services, the number or quality of potential customers with whom you will have contact, or whether a homeowner will actually contract with you to do the work if you respond to their project request. You acknowledge that Pokyshop may impose limits on the type and/or number of Pros that can participate in particular programs, which Pros are notified about particular project requests and the timing of such notification, and the type and/or number of Pros who can respond to particular project requests.
Pro Profile. You understand and acknowledge that the amount and quality of your Pro information (including the amount and quality of profile data, project activity and endorsements) will affect your exposure within the Services. You agree to immediately complete a Pro profile on the Pokyshop website upon signing up for a Pro Product and to populate such profile with as much information as possible.
Product Terms. Pokyshop and you may agree to the term, fees and other terms of a Pro Product (including, without limitation, the fees and terms applicable to individual or categories of project requests) ("Product Terms") in writing, telephonically or electronically, including, but not limited to, by email or within Pokyshop’s communication platform. If you purchase a Pro Product, Pokyshop will send an email detailing the terms of the Pro Product that you agreed to ("Confirmation Email"). If the Confirmation Email misstates your understanding of what you purchased, you have three days after you receive the Confirmation Email to notify Pokyshop at support@Pokyshop.com, cancel your purchase of the Pro Product and receive a refund. If you do not notify us of the discrepancy and cancel your purchase within those three days, you will be deemed to have accepted the terms set forth in the Confirmation Email, in addition to these Terms. Note that this paragraph does not apply to the rejection or return of individual project requests, which is described in the next paragraph.
Returns. Once you purchase the right to respond to a particular project request (whether you purchase it as a Transaction Product or as part of a Premium Product), you are generally not able to reject or return it. Please note that what you are purchasing is the right to contact the homeowner with respect to their project request, not a right or guarantee to perform the work. (It is the homeowner who decides whether to work with a particular Pro or not.) We allow returns only in limited cases where the project request is invalid (for example, if the project request includes a disconnected phone number or has an obviously fraudulent name, or if the homeowner did not actually request to be contacted) or is a duplicate of another project request you recently purchased from Pokyshop. If your return request meets Pokyshop’s return criteria, then the purchase price for the applicable project request will be credited to your account. No refunds will be given.
Suspension; Termination. Pokyshop reserves the right to suspend or terminate any Pro’s ability to purchase Pro Products or otherwise use the Services, including but not limited to as a result of default in payment obligations. Our general practice is to stop sending project requests 7 days after a Pro’s account becomes delinquent, and to suspend a Pro’s account after 14 days of delinquency.
Premium Products for Pros
Term. The "Initial Term" of a Premium Product begins on the first day the Premium Product is made available to a Pro and continues for the length of time specified in the Confirmation Email. AFTER THE INITIAL TERM, IF A PREMIUM PRODUCT HAS NOT BEEN TERMINATED, IT WILL AUTOMATICALLY RENEW FOR SUCCESSIVE RENEWAL TERMS (AS DEFINED BELOW) UNTIL TERMINATED BY THE PRO. A "Renewal Term" is a length of time specified in the Confirmation Email. . For example, if the Confirmation Email specifies a monthly billing period, then the Renewal Terms are one month each, with the Premium Product automatically renewing for additional one-month billing cycles until you terminate in accordance with these Terms. Termination of the Initial Term or the then-current Renewal Term may only be done in accordance with the termination procedure described below.
Payment. If you purchase a Premium Product as a Pro, you authorize Pokyshop to bill your credit card in the amounts and on the schedule specified in the Confirmation Email, on the applicable billing dates.
You agree to notify Pokyshop of any changes to your credit card information necessary to process your payment. If Pokyshop is unable to process the payment, you will be responsible for making an alternate payment arrangement and any resulting processing fees that may be incurred, plus late fees as described below. Any prepaid amounts are not refundable, except as specifically described in these Terms.
For some Premium Products, we will automatically deduct from your Pokyshop account balance the cost of responding to particular project requests. The cost to respond to a project request varies depending on service type and other factors, and may be adjusted from time to time by Pokyshop in its sole discretion. To purchase the right to respond to a particular project request, you must have a sufficient balance in your Pokyshop account. Depending on the type of Premium Product, the number of opportunities available to respond to a particular project request may be limited.
Late Fees and Billing Issues. You agree to pay a late fee of $20 for each late payment. You also agree to pay reasonable expenses (including, without limitation, collection agency fees and attorney's fees) incurred by Pokyshop in collecting any overdue amounts. You agree to notify Pokyshop of any billing discrepancies or issues within 20 days after they first appear, and if you do not, you agree that you have waived the right to dispute such billing discrepancies or issues.
Termination. To terminate a Premium Product, you must notify Pokyshop at least 15 days prior to the last day of the Initial Term or the last day of the then-current Renewal Term (as the case may be) by contacting us at support@Pokyshop.com. The effective date of termination will be the last day of the Initial Term or then current Renewal Term (as applicable) and not before such date.
Pokyshop may terminate a Premium Product immediately by providing written notice to you (either by email or letter). If termination is by Pokyshop as a result of your material breach of these Terms, you will not be entitled to a refund of any previously paid amount. If Pokyshop’s termination is for convenience, you will receive a pro rata refund of any prepaid but unused fees applicable to the remaining portion of the Initial Term or the then-current Renewal Term (as the case may be) for the terminated Premium Product.
Pay As You Go for Pros
With Pay as You Go, when Pokyshop notifies you about a particular project request, you can choose at that time whether to buy the right to respond to that homeowner. The cost to respond to a project request varies depending on service type and other factors, and may be adjusted from time to time by Pokyshop in its sole discretion. To respond to a particular project request, you must have a sufficient balance in your Pokyshop account; if not, you can add funds by credit card. The number of opportunities available to respond to a particular project request is limited, and these opportunities are allocated to Pros on a first-come, first-served basis. Once you respond to a project request and pay the applicable purchase price, Pokyshop will provide you with a way to contact the homeowner.
Accounts and Charges for Users
Provided Services. Through Pokyshop, Pros can make their products and services available to Users in response to project requests or inquiries ("Pro Services"). Other Services, when clearly and explicitly designated, may be provided and billed for by Pokyshop ("Pokyshop Services"). The Pro Services and the Pokyshop Services are referred to collectively as the "Provided Services."
User Account. Account registration is required for Users to receive or use certain Provided Services. When you open or confirm an account, you will be required provide us with specified personal information, which may include, without limitation, your name, address, mobile phone number, and credit card payment details. You must keep your account information complete, accurate and current at all times. You agree to maintain the security of your account information and that you are responsible for all activity in connection with your account. By creating your account, you agree that communication may be made with you via telephone, email, text (SMS) message or other reasonable electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operation of the Provided Services.
Charges. You agree that use of the Pro Services will result in charges to you for the products or services provided by Pros ("Pro Charges") and that use of the Pokyshop Services will result in charges to you for the products or services provided by Pokyshop ("Pokyshop Charges") (Pokyshop Charges and Pro Charges, collectively, "Charges"). You will be informed of Charges before products or services are provided by Pokyshop or Pros, as the case may be (including, in the case of Pokyshop Charges, any cancellation fees and terms). Pokyshop may offer discounts on Pokyshop Charges from time to time in its sole discretion; to receive those discounts, you must comply with the terms and conditions Pokyshop specifies for the discount. You should confirm Charges each time you request or contract for products or services. Applicable sales tax will be added to all Charges where required by law.
Payment. Payments for Pokyshop Charges are immediately due and payable to Pokyshop upon provision of the applicable Pokyshop Services and, except as set forth in these Terms, are final and non-refundable. Payment terms for Pro Charges will be as agreed upon between you and the Pro. You acknowledge and agree that your purchases of services and products from a Pro are transactions between you and that Pro, and not with Pokyshop.
Returns; Refunds. As noted above, once you purchase the right to respond to a particular project request (whether you purchase it as a Transaction Product or as part of a Premium Product), you are generally not able to reject or return that lead. In the limited cases where we allow the return of a Pokyshop Product, the purchase price will be credited to your Pokyshop account. No refunds will be given.
Payments for Pokyshop Charges that meet our requirements for a refund rather than an account credit (as set forth in these Terms) will be refunded back to the original method of payment. If you paid with a credit card, we will make the refund only to the card you used for the payment, not another card. If the card used to make the payment is inactive or has been cancelled, the card issuer should apply the refund to your new card or send you a refund. Please contact your card issuer for more information.
Third-Party Intellectual Property
Third-Party Intellectual Property. All non-Pokyshop trademarks, product names and logos appearing on our Services are property of their respective owners.
Claims of Copyright Infringement. If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by sending a written notification to Pokyshop at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
Attn: Pokyshop Legal Department
21 Sunder Nagar
Khatipura road Jaipur 302012
Additional Apple Required Terms for iOS Apps
The following additional terms apply if you access or use the Services through an Apple iOS product:
Acknowledgement. Pokyshop and you acknowledge that these Terms are concluded between Pokyshop and you only, and not with Apple, and Pokyshop, not Apple, is solely responsible for the Services and the content thereof.
Scope of License. The license granted to you for the Services is limited to a non-transferable license to use the Services on any iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support. As between Apple and Pokyshop, Pokyshop is solely responsible for providing maintenance and support services, if any, with respect to the Services, as specified in these Terms, or as required under applicable law. Pokyshop and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
Warranty. As between Apple and Pokyshop, Pokyshop is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Pokyshop's sole responsibility.
Product Claims. Pokyshop and you acknowledge that Pokyshop, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of those Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. Pokyshop and you acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party's intellectual property rights, Pokyshop, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a Indian Government embargo, or that has been designated by the Indian Government as a "terrorist supporting" country; and (ii) you are not listed on any Indian Government list of prohibited or restricted parties.
Developer Name and Address. Pokyshop may be contacted at 21 sunder nagar khatipura road Jaipur 302012 Rajasthan or support@Pokyshop.com in connection with any questions, complaints or claims with respect to the Services.
Third-Party Beneficiary. Pokyshop and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms with respect to access or use of the Services through an iOS product, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE POKYSHOP, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE "POKYSHOP PARTIES") FROM ALL CLAIMS, DEMANDS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, POKYSHOP, USERS, PROS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE POKYSHOP PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH POKYSHOP, USERS, PROS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.
Limitation of Liability
IN NO EVENT WILL THE POKYSHOP PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST OF COVER, LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, POKYSHOP, USERS, PROS OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT POKYSHOP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Any claims relating to use of the Services must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
IN ADDITION TO YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO FALSE INFORMATION (DESCRIBED ABOVE), YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE POKYSHOP PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LOSSES, OBLIGATIONS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) DUE TO OR ARISING OUT OF (1) YOUR ACCESS TO OR USE OF THE SERVICES, (2) YOUR USE OF, OR TRANSACTIONS WITH, POKYSHOP, USERS, PROS OR OTHER THIRD PARTIES, OR (3) ANY OTHER VIOLATION BY YOU OF ANY OF THESE TERMS. POKYSHOP RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH POKYSHOP IN ASSERTING ANY AVAILABLE DEFENSES.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in King County, Washington or the city within the United States in which you reside. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
Class Action Waiver. ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE PROPERTIES AND/OR THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN KING COUNTY, WASHINGTON. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
Notwithstanding anything to the contrary, you and Pokyshop may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
Dormant Accounts. If an account remains inactive for one year or more, Pokyshop reserves the right to terminate the account, including any Pokyshop Points associated with the account.
Currency; No Interest. All dollar amounts listed within the Services are denominated in U.S. dollars unless otherwise specified. You acknowledge and agree that funds in your account within the Services will accrue no interest and you are entitled to no interest earned or otherwise resulting from balances in any accounts within the Services.
Assignment. These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Pokyshop's prior written consent, but may be assigned by Pokyshop without restriction and without notice to you.
Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Entire Agreement and Severability. These Terms (which, as noted above, include any applicable Additional Program Terms) constitute the entire agreement between you and Pokyshop concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Pokyshop with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Pokyshop's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Modification of Services. We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
Termination; No Right to Services. We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to block or prevent any User’s or Pro’s future access to and use of the Services, for any at any time and for any reason (including but not limited to those specifically described in these Terms).
Attorney Fees. If any of the Pokyshop Parties take legal action against you as a result of your violation of these Terms, the Pokyshop Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Pokyshop Parties.
Contact Us. If you have questions about these Terms, please contact us by email at support@Pokyshop.com or in writing at 21 Sunder nagar khatipura road Jaipur Rajasthan 302012.