Pocketbook Terms of Use

These proposed Pocketbook Terms of Use (“Terms”) are effective from August 15, 2019.

Welcome to Pocketbook!

Pocketbook Australia Pty Ltd ABN: 61 162 562 110 (referred to hereafter as “we”, “us” or “our”) provides an online service that allows you to easily better understand your spending (“Pocketbook”) and offers a cashback rewards program (“Pocketbook Rewards”) in Australia to help consumers save money. Pocketbook consolidates and tracks your financial information on the Pocketbook app (“the App”) available on the Pocketbook website https://getpocketbook.com (“the Website”). Based on this information, Pocketbook may also present information relating to third party products or services.

Pocketbook is provided to you without charge (it is free) and is meant as an aid to assist you in organising and managing your finances. It is not intended to provide legal, tax or financial advice.

CHANGES TO THE TERMS
We reserve the right to vary these Terms at our discretion. We recommend that you check the revised Terms before using Pocketbook. If you do not agree to these Terms or any changes to them, you should immediately cease using Pocketbook.

These Terms are effective as at the date they are published and may be amended by us from time to time. The version of these Terms published on the Website from time to time is the current version and will bind us, our merchants and Users of Pocketbook.

We will provide you with notice of any change to, or suspension or termination of, Pocketbook or these Terms on our Website, through the App or by sending a notice to the email address we have recorded for you. Where any such change to, or suspension or termination of, Pocketbook or these Terms materially diminishes the benefits of Pocketbook available to Users, that notice will be provided at least 30 days in advance. Where these Terms are changed, a copy of the revised Terms will also be available on the Website and through the App.

Your continued use of Pocketbook (or receipt or use of any reward or benefit provided through Pocketbook Rewards) after notice of any change referred to above is provided will be deemed to be acceptance of the revised Terms. Alternatively, you may discontinue your use of Pocketbook and opt-out at any time by deleting your Pocketbook account.

It is your responsibility to stay up to date with changes to Pocketbook and the Terms by reviewing them on the Website or through the App from time to time and before you use or wish to use Pocketbook. We are not responsible or liable for any loss or damage that may arise if you fail to do so.

By accessing or using Pocketbook, you agree to be bound by these Terms and by our Privacy Policy, whether or not you are a registered User of Pocketbook. These Terms apply to all visitors, registered Users, subscribers and others who access Pocketbook.
Accuracy, honesty and integrity

At all times in your dealings with us and our partners, merchants and suppliers you agree to act with integrity and honesty.

PRIVACY AND YOUR INFORMATION

We take the security and privacy of your personal and profile information seriously. How we collect, hold and otherwise use your personal information is set out in the Pocketbook Privacy Policy (“Privacy Policy”) available at: https://getpocketbook.com/privacy-policy/ and in the App. The Terms incorporate our Privacy Policy. You will be taken to have read and accepted our Privacy Policy (and consented to our treatment of your personal information in accordance with that Privacy Policy) when you accept the Terms.

Collection of User information

We may from time to time collect information (including personal information) about you as described in our Privacy Policy, and you consent and authorise us and our service providers to collect that information in accordance with our Privacy Policy.

ACCOUNT INFORMATION FROM THIRD PARTY SITES

Within Pocketbook, You may direct us to receive your own information maintained online by third-party financial institutions which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”), or contained in your email, or via other methods (for example, uploading documentation). Pocketbook works with one or more online financial services to access this Account Information. The protection of your information is subject to strict security and privacy practices, as detailed in the Privacy Policy. We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. We are not responsible for the products and services offered by or on third-party sites.

We cannot always foresee or anticipate and therefore shall not be liable in respect of any technical or other difficulties which may result in failure to obtain data or loss of data, personalisation settings or other service interruptions. We do not assume any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings.

For example, when using Pocketbook, Account Information via third party services is only up-to-date as the time at which the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. Accordingly, we cannot assume any responsibility, nor bear any indemnity in respect of information used for Pocketbook that is in any way untimely or out of date. You can minimise the risk of untimely data by refreshing your Account Information through Pocketbook, according to instructions detailed via the Website or the App.

THIRD-PARTY LINKS AND OFFERS

Some parts of Pocketbook are supported by sponsored links from advertisers and display offers that may be custom-matched to you based on information you have stored in Pocketbook, queries made through Pocketbook or other information. We will always disclose when an offer is sponsored. Such information is provided by Pocketbook ‘as is’, without express or implied warranty. The inclusion of any link does not imply that we endorse the linked site. You use the information and links at your own risk. We do not endorse, warrant or guarantee the products or services available through the offers provided by Pocketbook. We do not guarantee nor represent that offers (or any other third-party products or services advertised on or linked from our site) are actually the terms that may be offered to you if you pursue the offer or that they are the best terms, or lowest rates available. We are in no way party to and will not be liable for enforcing any agreement made between you and any third party sponsor.

All third party products and/or services including names, services, company names and logos mentioned on the Website or the App are trademarks of their respective owners, which are in no way associated or affiliated with us. These trademarks, services, processes or other information, by trade name, trademark, service provider, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

In some instances, the advertisement or web site linked will contain representations or offers by the third party, which you can accept by executing the relevant transaction. You acknowledge that we do not make such representations or offers, and the third party solely is responsible to you for the delivery of any goods or services obtained from the third party.

If you have an enquiry or complaint about a particular merchant, business, advertisement, link, email, or survey, you may contact us at hello@getpocketbook.com.

We will do our best to answer your question or resolve the issue, however in some circumstances we may need to direct you to contact the merchant, business or advertiser directly.

You use any recommendations within Pocketbook at your own risk and should consult your financial advisors prior to entering into any products recommended. Pocketbook does not provide financial advice, but provides you with an opportunity to review your financials in a new perspective and make judgments upon your own volition.

POCKETBOOK REWARDS

Activation of the Pocketbook Rewards feature available to Users of Pocketbook constitutes your acceptance of the Terms, your agreement to comply with the Terms and your provision of the consents set out in these Terms.

Your use of Pocketbook Rewards is conditional upon your express agreement to, acceptance of and compliance with the Terms, as well as your agreement to and compliance with other terms, conditions, notices and disclaimers contained elsewhere on the Website or the App.

Rewards earned through Pocketbook Rewards are not transferable between Users under any circumstances.

Pocketbook Rewards is currently only available to iOS Users and will be available to other Users at a later date.

EARNING POCKETBOOK REWARDS

As a User of Pocketbook Rewards, we will maintain against your Pocketbook account a balance of rewards accumulated through your use of Pocketbook Rewards. You may redeem accumulated rewards for an electronic cash deposit to your chosen bank account (referred to as “Cashback”) subject to the Terms.

  • To be eligible for and request Cashback, the total rewards accrued and remaining in your Account must equate to a value greater than or equal to AU$10.00 (“Minimum Value”).
  • Any bonuses received as part of a sign-up promotion, refer a friend or other bonus promotions (“Bonus Rewards”) may be subject to additional terms and conditions as set out on the Website or in the App.
  • We reserve the right to change the Minimum Value at any time and where we do so we will provide you a minimum 30 days’ notice prior to such change becoming effective.
  • Until your Pocketbook Rewards balance reaches the Minimum Value, you will not be eligible to redeem Cashback. We reserve the right to decline your Cashback request including if we suspect there has been any fraudulent activities on or in relation to your Pocketbook account.
  • Each Cashback request submitted by you is final and not reversible.
  • You expressly acknowledge that your eligibility to redeem your rewards for Cashback is conditional upon your ongoing compliance with Terms. If at any time we have evidence or reason to believe that you are not in compliance with Terms, we may, at our discretion, suspend or cancel your eligibility to participate in Pocketbook Rewards, cancel any right or interest that you may have in any rewards that you have accumulated, and cancel any outstanding redemption or payment of a Cashback deposit.

Rewards obtained by fraud or deception

Where an amount of rewards has been credited to your Pocketbook account and we at any time have evidence or reason to believe that those rewards were credited to your Pocketbook account due to the fraudulent, deceptive or dishonest actions of you or any other person, we reserve the right to reverse the transaction by deducting from your Pocketbook account the same amount of rewards.

Cashback reward amounts incorrectly shown on web site

To the maximum extent permitted by law we do not guarantee the accuracy of rewards advertised as a Cashback offer on the Website and the App and the value of each Cashback offer may be affected by: merchants increasing or decreasing the commission paid to us; human error; or any bugs or glitches on the Website or the App. Merchants may also withdraw from Pocketbook Rewards with or without notice to us, in which case the Cashback offers may not be available.

Rewards credited due to error or computer software bug

We reserve the right to reverse or cancel any rewards credited to your Pocketbook account incorrectly, or not in accordance with, or in breach of, the Terms, at any time. In particular, if rewards are credited to your Pocketbook account due to a human or computer error, or if rewards are credited to your Pocketbook account due to the accidental or deliberate exploitation of a computer-programming bug by you or by anyone else, we reserve the right to adjust or reverse the transaction without notice.

Coupon Codes (Also known as Voucher Codes or Special Offers)

Coupon codes, voucher codes or special offers advertised or promoted on Pocketbook may be subject to terms and conditions designated by the merchant offering such codes and/or offers (“Special Offer Terms”). This may include a limited period of availability. We are not responsible or liable for the validity or availability of any coupon codes or Special Offer Terms set out on the Website or the App.

Waiting period

Cashback rewards may not be credited to your Pocketbook account immediately. The waiting period before rewards that you have earned are credited to your Pocketbook account may vary depending on the merchant. If you have an enquiry about a particular merchant, you may contact us at hello@getpocketbook.com.

Rewards expiry

Any rewards held in your Pocketbook account will remain in credit against your Pocketbook account until you redeem them, as long as:

  • Your Pocketbook account does not become inactive as described in the Term (in which case any rewards earned will expire); and
  • Your membership and your Pocketbook account are not cancelled or terminated in accordance with the Terms (in which case your rewards will be forfeited in accordance with the Terms).

No guarantee of earning potential

You acknowledge and agree that we do not make any guarantee or representation, whether express or implied, as to the amount of rewards you can earn using Pocketbook Rewards.

Bonuses & Other Rewards

Pocketbook may periodically offer bonus rewards or other benefits for sign-ups and referrals to Pocketbook, for referring other new Users, or for other specific actions. The specific terms and conditions accompanying such offers will govern how they are earned and redeemed.

REDEEMING POCKETBOOK REWARDS

General conditions

1. In the Terms, “redemption” and “payment” and “Cashback” of rewards means any type of request for us to pay you an amount in exchange for redemption of an amount of your accumulated rewards. This includes any payment by bank transferor any other method set out on our Website or in the App.
2. At the time you request Cashback, we may review the details and transaction history of your Pocketbook account, and the details of your Pocketbook account to check for any evidence of fraud or deception. If we have evidence or reason to believe that you have acted fraudulently or deceptively in your dealings with us, we may choose to deny your request for redemption of rewards and take other action such as cancelling your Pocketbook account in accordance with the Terms.

Cashback payment by bank transfer

You are solely responsible for ensuring the accuracy of the information provided for the purposes of a Cashback by bank transfer.

If a Cashback of rewards by bank transfer that you request is processed as per the bank account details supplied by you, to the wrong bank account (that is, the bank account details you provided were wrong), we will have no obligation to take any action to reverse the transaction, reprocess the transaction, or refund rewards to you (and accordingly the redeemed rewards and Cashback payment will be lost). We will however use our reasonable endeavours to request the transaction to be reversed and, if we are successful in obtaining the reversal and we recover the amount transferred, we will endeavour to make the bank transfer to the correct bank account, less any applicable administration fee.

If a Cashback of rewards by bank transfer is rejected by the bank for any reason (other than an error on our part), we may charge to you an administration fee of AU$30 (by redeeming any rewards in your Pocketbook account to that value or by asking you to pay us that amount). Otherwise, you will not be charged any fees for a bank transfer. These fees will be borne by us. For the purposes of Cashback of rewards by bank transfers, we may, at our discretion, enforce a limit of one Pocketbook account per bank account.

We will store and maintain your bank account details securely and in accordance with our Privacy Policy.

Limits on your right to receive payment for a Cashback reward

We will not hold any amounts representing payments we may be required to make to you in respect of your redemption of rewards in a separate bank account or otherwise segregate those amounts from our own funds, and we do not hold any such amounts in trust. Until we have an obligation to make payment to you under the Terms, you have no entitlement to receive any funds from us and cannot make any claim against our assets.

In the event that we become insolvent, you will not be able to recover any outstanding amount that we owe, but have not paid, to you in priority to any of our other creditors. There may be other creditors whose debts will take priority over yours. You may not recover the full amount we owe to you and there is a risk that you will not be able to recover any of the unpaid amount.

Competitions

From time to time we may run competitions and promotions for members. Additional terms and conditions apply to those competitions, and you should read those terms and conditions in conjunction with the Terms.

YOUR REGISTRATION INFORMATION

You agree and understand that you are responsible for maintaining the security and confidentiality of your password, which, together with your Login ID email address, allows you to access Pocketbook. That Login ID and password, together with any other information you provide at signup form your “Registration Information.”

By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorised use of your Registration Information, you agree to notify us immediately via hello@getpocketbook.com.

YOUR USE OF POCKETBOOK

Your right to access and use Pocketbook is personal to you and is not transferable by you to any other person or entity. You must access and use Pocketbook, the Website and the App for lawful purposes and in accordance with these Terms.

Accurate records enable us to provide the highest level of service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you must not misrepresent your Registration Information. In order for Pocketbook to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of Pocketbook to you will be affected.

Your access and use of Pocketbook may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Pocketbook or other actions that we elect to take.

You also agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of Pocketbook, other products or services, advertising or marketing materials. You grant Pocketbook a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to us in any way. We will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

We reserve the right to discontinue or cancel your registration, at our sole discretion and without notice including but not limited to the following reasons: (a) breach of any applicable law or breach of any of the Terms; (b) where we conclude that your conduct impacts on our name or reputation; or(c) where we conclude that your conduct violates our rights or those of another party.

If you breach any provision of these Terms, we reserve the right to suspend or terminate your use of Pocketbook or Pocketbook Rewards with respect to you, and commence proceedings against you for damages or expenses arising directly or indirectly out of your actions.

We are under no obligation to monitor any person’s use of Pocketbook, however we reserve the right to monitor any aspect of Pocketbook and retain and disclose information as allowed by law and requested by any law enforcement authority in any jurisdiction.

You acknowledge that we may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website and/or the App and you agree we are not liable to you or any third party for such variation, modification or discontinuance.

USE OF POCKETBOOK WITH OTHER DEVICES

Use of Pocketbook may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

TO THE EXTENT PERMITTED BY LAW, POCKETBOOK MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO POCKETBOOK AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH POCKETBOOK.

ONLINE, EMAIL AND MOBILE ALERTS

We may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your Pocketbook account, such as a change in your Registration Information.

These alerts provide you with alert messages for your accounts. We may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options within your Pocketbook account settings.

Electronic alerts will be sent to the email address you have provided as your primary email address for Pocketbook. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change.

Because alerts are not encrypted, we will never include your unique third-party identification information. However, alerts may include your Pocketbook Login ID and transaction and other information about your accounts, depending upon which alerts you select.

RIGHTS YOU GRANT US

By submitting information, data, passwords, usernames, passcodes, other log-in information, materials and other content to us through the Website or the App, you are licensing that content to us solely for the purpose of benefits provided to you by through use of Pocketbook. We may use and store the content, but only to provide these benefits to you. By submitting this content to us, you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations.

By using Pocketbook, you expressly authorise us to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of Pocketbook, you will be directly connected to the website for the third party you have identified.

Pocketbook will submit information including usernames and passwords that you provide to log you into the site. You hereby authorise and permit us to use and store information submitted by you to Pocketbook (such as account passwords and user names) to accomplish the foregoing and to configure Pocketbook so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms and solely to provide the Account Information to you as part of Pocketbook, you grant Pocketbook a limited power of attorney, and appoint Pocketbook as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN POCKETBOOK IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, POCKETBOOK IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that Pocketbook is not sponsored or endorsed by any third parties accessible through Pocketbook.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property in relation to the Website, the App and sent to you via email (including the software, design, text, data, icons, logos, copyrights, designs, trade marks, concepts sound recordings and graphics) (“Intellectual Property”) belongs to us or its licensors, advertisers or affiliates.

We retain all right, title, and interest in and to the Website, the App and all related content and Intellectual Property, and nothing you do on or in relation to the Website, the App or any of the related content will transfer any rights, in intellectual property or otherwise, to you, or license to you any such rights unless expressly stated otherwise.

You agree not to do anything that interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Website or the App.

You may view content or print a copy of material on the Website or the App for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).

The contents of Pocketbook belong or are licensed to us or its software or content suppliers. We grant you the right to view and use the Website and the App subject to these Terms. You may download or print a copy of information provided on Website or the App for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Pocketbook in whole or in part for any other purpose is expressly prohibited without our prior written consent.

ACCESS TO THE WEBSITE AND THE APP

You agree that you will not:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Pocketbook or any portion of Pocketbook, without Pocketbook’s express written consent, which may be withheld in Pocketbook’s sole discretion;
  • Interfere with the computer systems which support the Website and the App; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
  • Collect or store personal data about other Users of the Website or the App;
  • Impersonate or falsely represent your association with any person or organisation;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Pocketbook, other than the search engines and search agents available through Pocketbook and other than generally available third-party web browsers (such as Microsoft Explorer);
  • Post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;
  • Delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Pocketbook; or
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Pocketbook.

Furthermore, we do not warrant that functions contained in the Website and App, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that we or our hosting server, are free of viruses or bugs.

TERMINATION AND CANCELLATION

Cancellation by us

We reserve the right to cancel your Pocketbook account, and terminate your use of Pocketbook Rewards at any time, without cause or reason by giving you 30 days’ notice via email to the email address we have recorded for you.

In addition, we may cancel your Pocketbook account, and terminate your use of Pocketbook Rewards, immediately without notice, if you:

  • breach or violate any conditions or other terms or requirements in the Terms; or
  • supply any incorrect or misleading information to us; or
  • die or become unsound of mind or become bankrupt; or
  • act against our business interests or reputation or the business interests or reputation of our related bodies corporate and related entities, clients, partners, merchants and suppliers.

Cancellation and rewards expiry for non-use (inactive Pocketbook accounts)

We reserve the right to cancel your membership and your Pocketbook account, and terminate your use of Pocketbook Rewards, with 7 days’ notice, if your Pocketbook account becomes inactive under the Terms.

All Pocketbook Rewards (whether pending or confirmed or accrued or not) held in an inactive Pocketbook account will expire at midnight (Sydney, Australia, time) on the date that the account becomes Inactive (the “expiry date”). Subject to the Terms, expiry of rewards will not itself result in closure of a Pocketbook account but the applicable rewards will be immediately and irreversibly cancelled and will not be available to the User. We will use reasonable endeavours to provide you with prior written notification of the date on which your rewards will expire (if your Pocketbook account becomes inactive).

Rewards cannot be re-credited once they have expired. Any activity on your Pocketbook account after the expiry date will not apply to any rewards previously expired under the Terms.

Cancellation is final

If your Pocketbook account is cancelled for any reason, the cancellation is final and your Pocketbook account cannot be re-activated.

Forfeit of rewards

If your Pocketbook account is cancelled for any reason, you will forfeit all of your rewards and all outstanding redemption payments (including any rewards held in your Pocketbook account or accrued by you, any Cashback or other pending payments, and any other rewards or payments that you would otherwise have been entitled to receive). Any such rewards and payments will remain our property and are immediately and irreversibly forfeited (and we will have no further obligation to make any payment to you).

CONTENT OF THE WEBSITE AND THE APP

Whilst we make every effort to ensure information or content published on the Website or the App by us is accurate and complete, to the maximum extent permitted by law, we make no guarantee that it is, and cannot be held responsible for any errors or omissions (beyond our reasonable control) in any such information or content.

Any dated information or content published by us on the Website or the App is current at the time of publication, and we are not obliged to update or amend any such information or content.

SOCIAL MEDIA CONNECTIONS

Pocketbook may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the respective terms of use and privacy policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content as Pocketbook bears no obligations in respect of such information posted on such websites.

USAGE LIMITATIONS

Use of Pocketbook may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls you are permitted to make against Pocketbook’s programming interface. Any such limitations will be specified within Pocketbook.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, you release us, our related bodies corporate and our related entities, and any of our/their respective officers, employees and agents from any claim for loss, damage or liability, including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of:

  • errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Pocketbook;
  • any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
  • any interruption or cessation of transmission to or from Pocketbook;
  • any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party;
  • any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website or the App, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages;
  • any advertising emails or survey invitation email sent to you by us or on our behalf;
  • the quality of goods and/or services purchased from third parties by you;
  • any merchant or product descriptions contained on the Website or contained in advertising email sent to you by us or on our behalf;
  • any failure of or delay in a merchant to notify us of a Qualifying Transaction; or
  • any failure or default beyond our reasonable control.

To the maximum extent permitted by law, we exclude all warranties, conditions, representations and guarantees implied by law in relation to the provision of goods and services by us under the Terms or in connection with Pocketbook.

Nothing in the Terms operates to limit or exclude any liability (or statutory warranties, conditions or guarantees) that cannot be limited or excluded by law or limits any party’s rights under the Australian Consumer Law. To the maximum extent permitted by law, our liability in connection with the Terms and/or Pocketbook for breach of any representation, warranty, guarantee or condition implied or imposed by law that cannot be excluded is limited (at our option) to supply Pocketbook to you again or the cost of supplying Pocketbook to you.

You specifically acknowledge that we shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Website and App are controlled and offered by us from our facilities and we make no representations that Pocketbook is appropriate or available for in any locations. Those who access or use Pocketbook from other jurisdictions do so at their own volition and are responsible for compliance with local law.

DISCLAIMER OF WARRANTY

To the maximum extent permitted by law, you acknowledge that you have not relied upon or been induced by any representation made by us or on our behalf, and that we make not warranty or representation, as to:

  • the results that may be obtained through using Pocketbook (except to the extent expressly stated otherwise in the Terms, on the Website or on the App);
  • the accuracy, reliability or otherwise of any information obtained through using Pocketbook or Pocketbook Rewards;
  • the financial or other rewards which may be obtained through using Pocketbook Rewards (except to the extent expressly stated otherwise in the Terms, on the Website or on the App);
  • the Website or App being uninterrupted, timely or error free; and
  • the goods and/or services purchased or obtained through third-party websites accessed through Pocketbook Rewards, including goods and/or services offered by third parties.

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to Pocketbook; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of Pocketbook.

TAXATION

You acknowledge and agree that you alone are liable for any and all taxation implications relating to your use of Pocketbook or you obtaining rewards through Pocketbook Rewards, and you alone will be liable for having any such tax liability assessed and paid.

We recommend that you consult with your accountant or tax adviser to ensure that you understand any possible tax implications related to your use of Pocketbook or you obtaining rewards through Pocketbook Rewards.

Upon demand, you will indemnify and keep indemnified us, our related bodies corporate and our related entities, and any of our/their respective officers, employees and agents (collectively, “those indemnified”) against all liability for fringe benefits tax or other taxes (or their collection) incurred by those indemnified and arising from your use of Pocketbook or you obtaining rewards through Pocketbook Rewards.

ABILITY TO ACCEPT THIS AGREEMENT

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as Pocketbook is not intended for children under 13. If you are under 13 years of age, then please do not use Pocketbook.

We provide these Terms upon sign-up so that you know what terms apply to your use of Pocketbook. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.

ASSIGNMENT

We may assign or novate or transfer in whole or part any of our rights or obligations under the Terms without your prior written consent (and if we do so we will provide notice on the Website or on the App). The agreement set out in the Terms is personal to you and so you may not assign, novate or sub-licence in whole or part any of your rights or obligations under the Terms without our prior written consent.

GENERAL

You agree that: (i) These Terms are governed by the laws of the New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales; and (ii) the Website and App shall be deemed as platforms that does not give rise to personal jurisdiction over Pocketbook, either specific or general, in jurisdictions other than New South Wales, Australia. These Terms, together with the Privacy Policy and any other documents and legal notices published by us on the Website or the App, shall constitute the entire agreement between you and us concerning Pocketbook. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You and Pocketbook agree that any cause of action arising out of or related to Pocketbook must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms constitute the an agreement between us and you in relation to the Website and the App and your use of the same supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website and the App. The provisions of these Terms which by their nature survive termination or expiry of these Terms, will survive cancellation of your registration or termination of your Pocketbook account. If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.

DEFINITIONS

In the Terms, unless the contrary intention appears or the context otherwise requires:

  • “Confidential Information” includes all information exchanged between the parties to these Terms, whether in writing, electronically or orally, including us but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
  • “Data” means any data inputted by you or with your authority into the Website or the App, or data acquired via your authorisation (including your transaction information).
  • “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.
  • “User” means the registered user for Pocketbook, and, where the context permits, includes any entity on whose behalf that person registers to use Pocketbook.
  • the word “person” includes an individual, a firm, a corporation, an unincorporated association, government, state or agency of state, association, partnership or joint venture.
  • all references to dollars or $ or cash are to Australian dollars.
  • ‘including’, ‘such as’ and similar expressions are not words of limitation.
  • “Qualifying Transaction” means an eligible transaction that qualifies in accordance with these Terms Of Use for rewards under a rewards offer provided through Pocketbook.
  • “related body corporate” and “related entity” have the same meaning as under the Corporations Act 2001 (Cth).
  • “rewards” or “cashback rewards” means ‘rewards’ offered or provided to members as part of Pocketbook Rewards, as described in the member offers, the Website and the App, and recorded in a Pocketbook account.

And other terms defined in the body of the Terms shall have those defined meanings when use in the Terms.