Updated 2024-06-12
GENERAL TERMS AND CONDITIONS
These terms and conditions apply to all sellers, customers and users of the services provided by Pockit Global AG and its subsidiaries and affiliates. Details of subsidiaries and affiliates, as amended and updated from time to time, may be accessed on our website.
By accessing our website, using our services or placing an order with Pockit Global AG or its subsidiaries or affiliates (collectively referred to as “subsidiaries”), you confirm that you are in agreement with and undertake to be bound by these terms and condition, as amended from time to time. If you do not agree to be bound by these terms and conditions, please do not access our website or use our services.
These terms and conditions constitute an agreement between you and Pockit Global AG (“the Agreement”). We reserve the right to cancel or block access to your account if you violate any of these terms and conditions.
Any reference in these terms and conditions to –
SERVICES
Our product and service offering includes the following:
LICENSE
We hereby grant you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Services strictly in accordance with the terms of this Agreement.
The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to the local and national laws and regulations in force in such jurisdiction or country (“Applicable Law”). Accordingly, those persons who access the Services from other locations are solely responsible for compliance with Applicable Law, including any law which limits the use of such services to individuals above a statuary minimum legal age.
LICENSE RESTRICTIONS
You agree that you will not, and will not permit others to:
INTELLECTUAL PROPERTY RIGHTS
The entire content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) of the Services are owned by Pockit Global AG, its subsidiaries, its licensors or other providers of such material and are protected by Swiss and international intellectual property laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Pockit Global AG or its subsidiaries, unless and except as is expressly provided in these terms and conditions. For purposes of these terms and conditions, intellectual property rights include copyrights, trademarks, patents, trade secrets, know-how, or any other proprietary rights of a similar nature.
Ownership and Promotional Use
Pockit Global AG and its subsidiaries retain all right, title, and interest in and to the Services. We acknowledge that you and your clients retain ownership, right, title, and interest in the content uploaded or shared on our platforms. By submitting content via the Services, you grant Pockit Global AG and its subsidiaries an unconditional, irrevocable, non-exclusive, royalty free, perpetual world-wide license to use, modify, adapt, disclose, reproduce, distribute and exploit such content, without any obligation to you, for the purpose of operating and promoting any of our platforms. You undertake to obtain similar undertakings from your clients.
Third Party Intellectual Property Rights
We respect the intellectual property rights of others and expect you to do the same. You will not upload or share any content that violates or infringes upon the intellectual property rights of any third party and will be solely liable for any claims arising out of such unauthorised use.
Reporting Infringements
If you believe that your intellectual property rights or those of your clients have been infringed upon or if you or your clients encounter any infringing content on the platform, you will immediately notify us in writing and provide all relevant details and assistance to allow us to investigate and take appropriate actions.
ACCEPTABLE USE POLICY
Disturbing Content
You agree not to use the Services to store, transmit, or distribute any content that is harmful, offensive, or in violation of Applicable Law. We reserve the right to monitor the content and take appropriate action, including suspension or termination of your access to the Services if any disturbing content is identified.
Compliance
You will comply with all Applicable Law and industry standards while using the Services.
Originality and Third-Party Rights
You warrant that you own or have obtained the necessary rights, licenses, and permissions to the content you post or share. You will ensure that the content uploaded or shared on the platform is original, accurate, and does not infringe upon the intellectual property rights of any third party.
You are solely responsible for the content you post, including any music that is featured in that content. You may not post videos solely for the purpose of creating and sharing a music listening experience – there should always be a visual component to your videos. If you post content that contains music owned by someone else without the proper authorisation, your content may be blocked or removed and your access to the Services may be suspended or terminated.
Prohibited Content
You will not submit or promote content on the Pockit Global AG or its subsidiaries’ platforms that contains or promotes any of the following:
You will not post –
Pockit Global AG and its subsidiaries reserve the right to determine, in their sole discretion, whether any content violates the prohibited content guidelines outlined in this clause. We may take appropriate action, including but not limited to the removal of content, suspension or termination of your access to the Service, and reporting to relevant authorities, as deemed necessary to enforce this policy.
SUBMISSIONS AND PRIVACY
We welcome your suggestions to improve or enhance the Services. In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential. Pockit Global AG and its subsidiaries may use the ideas submitted for any purpose in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas, without any compensation or obligation to you whatsoever.
Pockit Global AG operates a global service, which means that data is stored and transferred across our systems around the world. We use data obtained through your use of the Services, as well as from third-party partners, to show you sponsored content that we believe will be meaningful to you, without disclosing your identity to such advertisers. You give us permission to show your user name, profile picture and information about your actions or relationships, but we will not share any information that directly identifies you, such as your name or email address, without your specific permission, and will never sell your information. Please refer to our Privacy Policy at https://www.pockitglobal.com/privacy.
COOKIES
A cookie is a small amount of data generated by a website and saved by your web browser. We use cookies to identify the areas of our website that you have visited. Cookies are used to identify your browser, provide analytics, and remember information about you such as your language preference or login information. We never place personally identifiable information in cookies. We use cookies to enhance the performance and functionality of our Services but they are non-essential to their use. Most web browsers can be set to disable the use of cookies. However, without these cookies, certain functionality (e.g. videos) may become unavailable or you will be required to enter your login details every time you visit the website.
LINKS TO THIRD-PARTY WEBSITES AND SERVICES
The Services may display, include or make available third-party content (including data, information, applications and other products and services) or provide links to third-party websites or services not operated or controlled by Pockit Global AG or its subsidiaries.
Third-party services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. You acknowledge and agree that we shall not be responsible for any third-party service, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Please remember that when you use a link to go from the Services to another website, our terms & conditions are no longer in effect. Your browsing and interaction are subject to that website’s own rules and policies, which may use their own cookies or other methods to collect information about you. Third parties include advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
Third party sellers may use our platform to promote their products. Orders placed with such sellers will be subject to both the Pockit Global AG website terms and conditions and any specific terms stipulated by the seller and accepted by you.
PROMOTIONS
We may from time to time include contests, promotions, sweepstakes, or other activities (“promotions”) that require you to submit material or information concerning yourself. Such promotions may be governed by separate rules, including rules regarding eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all rules pertaining to promotions to determine whether or not you are eligible to participate. If you participate in any promotion, you agree to abide by and to comply with all applicable rules.
MODIFICATIONS AND UPDATES
We reserve the right to modify, suspend or discontinue (temporarily or permanently) the Services or any part thereof, with or without notice, and without liability to you. We may from time to time provide enhancements or improvements to the features and functionality of the Services, which may include patches, bug fixes, updates, upgrades and other modifications (“updates”). Updates may modify or delete certain features and functionalities of the Services. You agree that we have no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular features or functionalities of the Services. You further agree that all updates will be (i) deemed to constitute an integral part of the Services and (ii) are subject to the terms of this Agreement.
TERM AND TERMINATION
This Agreement will remain in effect until terminated by either party. We may, in our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. You may also stop using the Services at any time without notification to us. Upon termination of this Agreement, you will cease all use of the Services and delete all copies thereof from your computer. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Services, your account details or any files or other materials contained in your account.
This Agreement will terminate immediately, without prior notice, in the event that you fail to comply with any provision of this Agreement. Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of a breach of any of your obligations during the term of this Agreement.
NO WARRANTIES
The Services are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind. To the maximum extent permitted under Applicable Law, Pockit Global AG, on its own behalf and on behalf of its subsidiaries, licensors and service providers, expressly disclaims all warranties of whatsoever nature, whether express, implied, statutory or otherwise, with respect to the Services. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind, that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance, availability or reliability standards or be error free, or that any errors or defects can or will be corrected. We also provide no warranties as to the accuracy, reliability, or currency of any information or content provided, nor through the Services that the website, its servers, the content, or e-mails sent from or on our Pockit Global AG are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
REPORTING COMPLAINTS
If for any reason you are not completely satisfied with any goods or services that we provide, please contact us and we will discuss any of the issues you are going through and endeavour to find a mutually acceptable solution.
LIABILITY
To the maximum extent permitted by Applicable Law, in no event shall Pockit Global AG and its subsidiaries or suppliers be liable for any damages of whatsoever nature arising out of or in connection with the Service. For purposes of this clause, the term “damages” refers to direct, indirect, special, incidental, indirect or consequential damages; damages for loss of profits, loss of data or other information, business interruption, or personal injury, even if we or any of our suppliers have been advised of the possibility of such damages.
AMENDMENTS TO TERMS AND CONDITIONS
We reserve the right to amend this Agreement at any time. If we, in our sole discretion, deem an amendment to be material, we will provide at least thirty days’ notice prior to such amendment taking effect. We ask that you check the website from time to time to ensure that you remain comfortable with our most current terms and conditions.
TYPOGRAPHICAL ERRORS
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical errors, we shall have the right to refuse any orders or cancel any orders placed for the product or service listed at the incorrect price or description. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your account in the amount charged.
AGREEMENT TO ARBITRATE DISPUTES
If any dispute arises out of or in connection with the Services or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, the parties will refer the dispute for resolution firstly by way of negotiation between the parties, and in the event of that failing, by way of arbitration. This clause is a separate, divisible agreement from the rest of this Agreement and will remain in effect even if the Agreement terminates, is nullified or cancelled for whatsoever reason or cause.
Notice of Dispute
The parties agree that disputes must be notified within a period of six months from the date on which the aggrieved party became aware or ought reasonably to have become aware of the cause of action, failing which the cause of action will be permanently barred. A dispute exists when one party notifies the other in writing of the nature of the dispute and requires its resolution in terms of this clause. The notice of dispute, which may be sent by email, will set out the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested.
Dispute Resolution
The parties will seek an amicable resolution of the dispute through good-faith negotiation between the authorised representatives of each party. If the parties are unable to reach a resolution within a period of sixty calendar days, or such other period as may be agreed, the dispute will be submitted to final and binding arbitration, conducted in Switzerland, in accordance with the then current rules of the Swiss Arbitration Association.
Binding Arbitration
The arbitration will be conducted by one arbitrator appointed by agreement between the parties. If no agreement is reached within sixty calendar days after registration of the request for arbitration, the arbitration will be conducted by a panel of three arbitrators. Each party will appoint one arbitrator and the two arbitrators so appointed will agree on the third arbitrator who will preside over the panel. The decision of the arbitrator or panel of arbitrators is final and not subject to an appeal process. The costs of the arbitration will be borne by the parties in equal shares unless otherwise determined by the arbitrator.
Interim Relief
The provisions of this clause will not preclude either party from access to an appropriate court of competent jurisdiction for interim relief in respect of urgent matters by way of an interdict or similar remedy to protect such party’s rights or property pending finalisation of this dispute resolution process.
ENTIRE AGREEMENT
This Agreement, together with our Privacy Policy and other legal notices published on our website (https://www.pockitglobal.com), which are incorporated herein by reference and form part of this Agreement, constitutes the whole agreement between the parties and supersedes all prior verbal or written agreements or understandings regarding your use of the Services. Neither party has given any warranty or made any representation to the other party other than any warranty or representation which may be expressly set out in this Agreement.
WAIVER
No waiver or relaxation by a party of any of the terms of this Agreement, or any document executed pursuant to this Agreement, will prevent the subsequent enforcement by such party of that term or be deemed to be a waiver by such party of any of its rights under this Agreement.
SEVERABILITY
Should a term of this Agreement be found to be invalid, unlawful or unenforceable, such term will be severable from the remaining terms, which will continue to be valid and enforceable. If any invalid term is capable of amendment to render it valid, the parties may negotiate an amendment to remove the invalidity.
INDEMNIFICATION
You hereby indemnify and hold Pockit Global AG and its subsidiaries, officers, employees, agents, partners and licensors harmless from any claims, damages, liabilities or costs arising from your (i) use of the Services; (ii) sale of your products and management of your store; (iii) violation of this Agreement or Applicable law; or (iii) infringement of any intellectual property or other rights of a third party.
DISCLAIMER
Pockit Global AG endeavours to update and/or supplement the content on its website on a regular basis. Despite our care and attention, content may be incomplete and/or incorrect.
This website may contain third party advertisements and links to third party sites. Pockit Global AG does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability for the conduct or content of those advertisements and sites and the offerings made by the third parties. Such other sites may have different privacy policies and terms of service which are beyond our control. Please be sure to check the privacy policies and terms of service of these sites before engaging in any business or uploading any information.
The Pockit Global AG Services are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied, including without limitation any warranties of merchantability, fitness for a particular purpose, non-infringement of third-party rights or that the Service will be uninterrupted, uncorrupted, timely or error free. Any Information provided by Pockit Global AG is for educational purposes only, and is not to be interpreted as a recommendation for a specific treatment plan, product, or course of action. Pockit Global AG is a distributor and not a publisher of the content supplied by third parties; as such, Pockit Global AG exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Pockit Global AG Services.
In no event shall Pockit Global AG be liable for any direct, special, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Services or the content of the Services. Pockit Global AG reserves the right to make additions, deletions, or modifications to the content of the Services at any time without prior notice.
All intellectual property rights concerning these materials are vested in Pockit Global AG. Copying, distribution and any other use of these materials is not permitted without the written permission of Pockit Global AG.
By using our website, registering an account, or making a purchase, you hereby consent to our Disclaimer and agree to its terms. We may update, amend or make any changes to this disclaimer from time to time. Such changes will be prominently posted here. If you continue to use the Services, you will be bound by the updated disclaimer. If you do not want to agree to this or any updated disclaimer, you can delete your account.
THE POCKITTV SHOP AND SELLER GUIDELINES
Pockit Global AG provides the capability for customers and businesses globally to register for free and create an online store on our platform where they can upload their products and sell them within our platform’s community. Sellers will need to create a store in the PockitTV Shop Seller Centre by accessing the portal applicable to their geographical area and following the instructions provided.
The PockitTV Shop allows you to promote and offer your products and services to users of our platform by providing features that allow you to –
We strive to provide our customers with a positive experience that consumers can have confidence in. Sellers who make use of our platform to sell their products must comply with our general terms and conditions, seller related guidelines and all other legal policies and notices contained on our website.
Seller Options
Our offering to sellers includes both a free option (Tier 1 Store) and a paid upgrade (Tier 2 Pavilion Store).
Order Fulfilment
We facilitate the sales process by providing the shopping experience, cart check out, payment handling, order creation and invoicing. While we will not be responsible for order fulfilment, we recognise that
the order fulfilment process is integral to a customer’s online shopping experience. You acknowledge that you are solely and fully responsible for all aspects of order fulfilment, including selecting, appointing and managing the performance of service providers and attending to customer queries, complaints and disputes. While we will not intervene in seller’s communication with carriers or buyers as we have no contractual relationship with such parties, we do expect sellers to deal with all sales issues in a timely and professional manner and in accordance with acceptable service standards in the industry. All relevant terms and conditions of sale, including a seller’s cancellation, return and refund policy, must comply with applicable consumer laws and must be clearly displayed on the product detail page for viewing by customers before an order is placed.
Prohibited activities
In order to protect the safety and integrity of our platform, sellers are required to comply with the accepted use policy and restrictions forming part of our general terms and conditions and are prohibited from engaging in certain behaviours.
Tax Liability and Responsibility
1.1 Obligation to Specify Applicable Taxes: Sellers are solely responsible for determining, specifying, and disclosing all applicable taxes (including but not limited to sales, use, value-added, or other taxes) related to the sale of their products on the PockitTV Shop Platform. Sellers must ensure that such taxes are accurately calculated, displayed, and collected in compliance with all relevant laws and regulations of the jurisdictions in which their products are sold or delivered.
1.2 Compliance with Tax Laws: Sellers agree to comply with all applicable tax laws and regulations. This includes, but is not limited to, the accurate reporting and remittance of all taxes required by law. Sellers shall keep themselves informed of any changes in tax legislation that may affect their obligations under this Agreement.
1.3 Tax Registration and Documentation: Sellers must obtain and maintain all necessary tax registrations, permits, and licenses required to sell their products in the jurisdictions in which they operate. Sellers shall provide the Platform with any documentation or information requested to verify compliance with tax obligations.
2.1 Provision of Tax Configuration Tools: The PockitTV Shop Platform provides necessary tax features to allow Sellers to accurately configure their tax settings for their store and products. These features are designed to assist Sellers in complying with their tax obligations; however, Sellers are ultimately responsible for the accuracy and completeness of their tax settings and for ensuring compliance with applicable tax laws.
2.2 Use of Tax Features: Sellers are encouraged to utilize the tax configuration tools provided by the Platform to accurately determine, display, and collect applicable taxes. The Platform does not assume any responsibility for errors or omissions in tax settings configured by Sellers.
3.1 Indemnification: Sellers shall indemnify, defend, and hold harmless the Platform, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to any breach of the Seller’s obligations under this Section, including any failure to accurately specify, collect, or remit applicable taxes.
3.2 Liability for Taxes: Sellers acknowledge and agree that they are solely liable for any underpayment or non-payment of taxes, penalties, or interest resulting from their failure to comply with the tax obligations specified in this Agreement. The Platform shall not be responsible for any such liabilities incurred by the Seller.
4.1 Cooperation with Authorities: Sellers agree to cooperate fully with any audit, investigation, or inquiry conducted by a tax authority or regulatory body related to their activities on the Platform. Sellers shall promptly provide any information or documentation requested by such authorities or the Platform to demonstrate compliance with applicable tax laws.
4.2 Platform’s Right to Audit: The Platform reserves the right to conduct periodic audits of Sellers’ tax compliance practices to ensure adherence to this Agreement. Sellers agree to provide access to relevant records and documents upon request and to cooperate fully with any such audit.
5.1 Notification of Changes: The Platform reserves the right to amend this Section to reflect changes in tax laws or the Platform’s tax policies. Sellers will be notified of any such amendments in accordance with the notice provisions of this Agreement. Continued use of the Platform following such notification shall constitute acceptance of the amended terms.
5.2 Seller’s Duty to Stay Informed: Sellers are responsible for staying informed of any changes to tax laws and regulations that may affect their obligations under this Agreement. The Platform encourages Sellers to seek independent legal and tax advice to ensure compliance with their tax responsibilities.
Product Review
We will review products offered for sale on our platform prior to any sales taking place. When a store owner creates or uploads products into their store, the products are marked as unpublished and read only until they have been subjected to our review and approval process. Once approved, we will notify the store owner who may then publish their products in the store. Any changes of whatever nature to the products will trigger another review and approval process.
We also reserve the right to audit product information at any time. Products that are found to fall within the prohibited category may be removed from our platform. We may temporarily or permanently suspend or remove the selling privileges of sellers who commit severe or repeated violations of this policy. We reserve the right to report sellers who violate local laws and regulations to the necessary legal authorities where appropriate.
Seller warranties
In accessing and using our Services you represent and warrant that –
Seller Breach
We may suspend or permanently disable access to your Seller Centre account, your ability to offer and sell products on the PockitTV Shop and your account on our platform, if we reasonably believe that you have violated Applicable Law or our terms or policies, or to protect the integrity of our platform or the experience or enjoyment of our users. We will endeavour to notify you of such action unless doing so may cause harm to us or others, interfere with the integrity or operation of our Services or where we are prohibited from doing so for legal reasons or restricted due to technical limitations.
Our platform also reserves the right to report sellers who violate local laws and regulations to the relevant legal authorities where appropriate. We additionally reserve the right to provide any relevant information about any such seller’s account or infringing behaviour to authorities without prior notice to the seller.
To the fullest extent permitted by law, PockitTV Shop will not be liable for any losses (whether direct or indirect) a seller may endure as a result of PockitTV Shop’s enforcement actions following such seller’s violation of this policy.
CONTACT US
Don’t hesitate to contact us if you have any questions.