Last Modified: 02/09/2020

POKET Inc.

Terms of Service

These terms of service (“Terms”) are entered into between you and POKET Inc. (“POKET”) with a place of business at 100 College St, Suite 150, Toronto, Ontario M5G 1L5. By using the Service (as defined below), you acknowledge and agree that you are subject and agree to these Terms.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE SERVICE. THESE TERMS AFFECT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, IN WHOLE OR IN PART, YOU WILL NOT BE PERMITTED TO USE THE SERVICE.

POKET reserves the right, at our sole discretion, to modify or replace these Terms at any time without incurring any liability or obligation. 

1. The Service

1.1     POKET allows you to map points of interest in your communities to earn points that can be redeemed for cash or prepaid phone credits and to discover new local points of interest that may have previously been offline or unmapped (the “Service”). To map points of interest, you must generate an image of the merchant and record details such as its name and contact information. Once this merchant is proposed by you, other users who are nearby can either validate or dispute the accuracy of your proposal. Once POKET crowd-sources Geographic Information System data and retail insights about points of interest, this data is aggregated, verified and shared with POKET’s partners to better inform decision making. 

1.2     POKET reserves the right, at its sole discretion at any time, temporarily or permanently, in whole or in part to modify or discontinue the Service with or without notice. 

1.3     The personal information that you provide through the Service will be collected, used, managed and disclosed in accordance with POKET’s privacy policy (“Privacy Policy”), available at https://www.poketapp.com/privacy-policy. These Terms incorporate by reference this Privacy Policy. 

1.4     To use the service, users must seek express consent from any merchant whose data is being collected. If the user does not, POKET reserves the right to withhold or deny any reward for the generation of this data.

2. Rights of Use and Proprietary Rights

2.1    The Service is and shall remain the property of POKET and is protected by copyright, trademark, patent, and/or other proprietary rights and laws. You are permitted to access and use the Service solely for its intended purpose. You agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on all or any part of the Service or any materials made available through the Service.

2.2     Subject to your compliance with these Terms, POKET grants to you a non-exclusive, non-transferable, limited right to access and use the Service, solely in connection with your use of the Service.

2.3    Subject to your compliance with these Terms, POKET grants to you a limited, non-exclusive, non-transferable license to download and install a copy of POKET’s mobile device application (“Application”) on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use. You are aware that when the Service may require receiving or sending messages by SMS (if available in your jurisdiction), standard messaging charges (if any) will apply and you consent to receiving SMS messages to your device.

2.4    We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content by using the Service (“User Content”). User Content will be deemed non-confidential and non-proprietary. By providing User Content to POKET, you grant POKET a non-exclusive, perpetual, transferable, worldwide, royalty-free, right to use, copy, distribute, display, modify, make derivative works from, and disclose to third parties any User Content for any purpose, in any medium and throughout the world. You hereby waive any moral rights in your User Content in favour of POKET. POKET is not responsible or liable to you or any third party for the content or accuracy of the User Content. POKET does not monitor the User Content (nor shall POKET have any responsibility to do so). 

3. Unacceptable Use

3.1     While using the Service and the Application, you will not: (i) post any spam listings; (ii) use the Service or Application for any fraudulent or unlawful purpose; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; (iv) interfere with or disrupt the operation of the Service or Application; (v) copy, sell, resell or otherwise use any information available through the Service or Application; (vi) use the Service or Application with an incompatible or unauthorized device; (vii) reverse engineer, decompile or disassemble any portion of the Service or Application; or (viii) use any robot, spider, site search/retrieval application, or other manual or automatic device or method, to retrieve, index, scrape, data mine or in any way reproduce any of the content available on the Service or Application.

4. Fees

4.1     The Service is available to you at no cost. However, POKET reserves the right to introduce a fee for the use of the Service. If POKET decides to introduce such a fee, POKET will give you 30 days notice and the option to either continue or terminate your use of the Service.

4.2     POKET may change the fees at any time and from time to time without prior notice, provided that POKET will not retroactively charge you for any period prior to the effective date of the change. 

5. Payment

5.1     Payment to you may be completed either by:

a) POKET transferring payment directly to your bank account by using the bank information provided by you, including the name of the bank, bank account number and your full name; or

b) POKET providing to you the serial numbers of a redeemable prepaid phone card by using the telephone information provided by you, including the name of your telecommunications provider and your phone number.

6. Security and Confidentiality

6.1    You are responsible for maintaining the confidentiality of your account and any password you may use to access the Service and agree not to let anyone else use your account. You agree to immediately notify POKET of any unauthorized use of your account or any other breach of security related to your account.

7. Disclaimer of Warranties

7.1    THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED . YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SERVICE. POKET DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD-PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SERVICE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF NONINFRINGEMENT, AND TITLE.  

8. Limitation of Liability

8.1     POKET WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT , STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, POKET WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY CONTENT POSTED ON THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THE MAXIMUM LIABILITY OF POKET AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT) OR OTHERWISE, SHALL BE [THE TOTAL AMOUNT, IF ANY, PAID BY YOU FOR THE USE OF THE SERVICE IN THE ONE MONTH PRECEEDING ANY CLAIM.] 

8.2     While POKET tries to maintain the integrity and security of the Service, it does not guarantee that the Service will be or remain secure, complete or correct, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may not make unauthorized alterations to the Service.  

9. Indemnification

9.1     You agree to defend, indemnify and hold harmless POKET and its employees, officers, directors, shareholders, affiliates, agents, representatives and suppliers, from and against all claims, losses, costs and expenses (including legal fees) arising out of (a) any unauthorised use of, or any unauthorised activities carried out in connection with, the Service; or (b) any violation of these Terms by you or any third parties who are not permitted to use the Service.

10. Non-Assignment

10.1    You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without POKET’s express prior written consent. 

11. Term and Termination

11.1    You are entitled to terminate your use of the Service at any time by permanent deletion of the Application installed on your smartphone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by contacting POKET. 

11.2     POKET is entitled to terminate your use of the Service at any time without notice and with immediate effect (by disabling your use of the Application and the Service) for any reason, including, if you: violate or breach any term of these Terms, or in the opinion of POKET, misuse the Application or the Service. 

11.3    The provisions of these Terms survive termination.

12. Governing Law

12.1 These Terms are governed by the laws of the Province of Ontario, Canada, without regard to its principles of conflicts of law. 

 

12.2 You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, with respect to any dispute, controversy or claim arising out of or in connection with these Terms or your use of the Service. 

13. Entire Agreement

13.1    These Terms, our Privacy Policy and the information submitted by you during the registration process for the Service constitute the entire agreement with respect to its subject matter and replaces and supersedes any prior written and/or verbal communications between you and POKET. 

14. Miscellaneous

14.1     These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and POKET.  

14.2    Neither POKET nor you (each, a “Party”) shall be liable to the other for any failure to perform any of its or your obligations under these Terms during any period in which such performance is delayed by circumstances beyond its or your reasonable control, such as fire, flood, war, embargo, strike, riot, terrorism, or the intervention of any governmental authority (a “Force Majeure”). In such event, however, the delayed Party must promptly provide the other party with written notice of the Force Majeure. The delayed Party’s time for performance will be excused for the duration of the Force Majeure.

14.3     If any provision herein is held to be invalid or unenforceable to any extent, then such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.

14.4     Headings in these Terms are for convenience of reference only and shall in no way affect interpretation of such Terms.