1. Accepting the Terms
By using the information, tools, features and functionality located on Pocketsmith.com and its sub-domains (together the "Service" or "Pocketsmith.com"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you wish to become a Member and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age in your country of residence to form a binding contract with PocketSmith.
Violation of any of the terms below will result in the termination of your Account.
2. Description of the Service
The Service is a personal finance information management service that allows Members to consolidate and track their financial information on Pocketsmith.com. Based on such information, the Service may also present information relating to third party products or services. The Service is provided to you by PocketSmith as an aid to assist you in organizing and managing your finances. It is not intended to provide legal, tax or financial advice.
3. Privacy and your Personal Information
PocketSmith will not sell, exchange, or release any of your information or financial information to a third party without your express permission or as required by law or court or governmental order. However, PocketSmith may share, exchange, sell or publicly disclose compiled, aggregated data containing no personally identifiable information. For information about PocketSmith’s data protection practices, please read PocketSmith’s Privacy and Security Policy, which is hereby incorporated into this Agreement. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
4. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your e-mail address and login ID allows you to access the Service. By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail 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 unauthorized use of your Registration Information, you agree to notify PocketSmith immediately at the email address - contact@pocketsmith.com.
5. Your Use of the Service
Your access and use of Pocketsmith.com 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 Pocketsmith.com or other actions that PocketSmith, in its sole discretion, may elect to take.
6. Online Alerts and Disclaimer
PocketSmith 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 PocketSmith account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. However core account alerts (such as subscription plan changes and password resets) are not able to be deactivated.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. PocketSmith does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that PocketSmith shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
7. Rights You Grant to Us
By submitting information, data, passwords, usernames, log-in information and other content to PocketSmith through the Service, you are licensing that content to PocketSmith solely for the purpose of providing the Service. PocketSmith may use and store the content, but only to provide the Service to you. By submitting this content to PocketSmith, you represent that you are entitled to submit it to PocketSmith for use for this purpose, without any obligation by PocketSmith to pay any fees or other limitations.
8. PocketSmith’s Intellectual Property Rights
The contents of Pocketsmith.com, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both New Zealand and other applicable copyright, trademark and other laws. Any distribution, reprint or electronic reproduction of any content from Pocketsmith.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
9. Access and Interference
You warrant that you will not access or use the Service in any unlawful manner, for any unlawful purpose or in violation of these terms and conditions or applicable laws, rules and regulations. You agree that you will be responsible for all usage of the Service through your account.
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 Pocketsmith.com or any portion of Pocketsmith.com, without PocketSmith’s express written consent, which may be withheld in PocketSmith’s sole discretion;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Pocketsmith.com or the Service.
10. Posting Feedback
As part of the Service, PocketSmith allows Members to post feedback. By doing so, you agree in posting content to follow certain rules.
You are responsible for all content you submit to Pocketsmith.com.
By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Pocketsmith.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels.
11. Disclaimer of Representations and Warranties
POCKETSMITH PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
12. Not a Financial Planner, Broker or Tax Advisor
NEITHER POCKETSMITH NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. POCKETSMITH IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
13. Limitations on PocketSmith’s Liability
POCKETSMITH SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO POCKETSMITH.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF POCKETSMITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Your Indemnification of PocketSmith
You agree to defend, indemnify and hold harmless PocketSmith, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service or any Content that you post thereon; (ii) your violation of any term of this Agreement or your representations and warranties set forth above; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right
15. Ending your relationship with PocketSmith
This Agreement will continue to apply until terminated by either you or PocketSmith as set out below. If you want to terminate your legal agreement with PocketSmith, you may do so by closing your account for the Service.
Please use the following link to cancel your account: https://my.pocketsmith.com/account/cancel
16. Modifications and Miscellaneous
PocketSmith may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Pocketsmith.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and PocketSmith regarding the subject matter of the same, and supersedes all other previous agreements.
