PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, BUSINESSES/SERVICE PROVIDERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES AND SHOULD REVIEW LOCAL LAWS BEFORE REGISTERING THEIR BUSINESS WITH POMERAC. Last Updated: March 28th 2015
TERMS & CONDITIONS
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH BUSINESSES/SERVICE PROVIDERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR APPOINTMENTS (DEFINED BELOW) AND CUSTOMERS (DEFINED BELOW) MAY LEARN ABOUT BUSINESSES/ SERVICE PROVIDERS AND BOOK APPOINTMENTS DIRECTLY WITH THE BUSINESSES/SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT POMERAC IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN BUSINESSES/SERVICE PROVIDERS AND CUSTOMERS. POMERAC HAS NO CONTROL OVER THE CONDUCT OF BUSINESSES/SERVICE PROVIDERS, CUSTOMERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY APPOINTMENTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
“Active Period” means the time period from when a listing is posted by a Business/Service Provider to the time an appointment is slated to begin.
“Booking Request Period” means the time period starting from the time when a point-of-sale booking is requested by a Customer to the commencement of an appointment, during which a Business/Service Provider may decide whether to confirm or reject the booking request, as stated on the Site, Application or Services. “Business/Service Provider” means a POMERAC registered Member who creates a Business/Service Provider account and provides a service via the Site, Application and Services. This also includes staff member or sub Business/Service Provider accounts set up under a Business/Service Provider Account.
“Collective Content” means Member Content and POMERAC Content as displayed on POMERAC’s Site, Application and Services.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Customer” means a POMERAC Registered Member who requests from a Business/Service Provider a booking of an Appointment for a service via the Site, Application or Services, or a Member who attends an Appointment and is not the Business/Service Provider for such Appointment.
“Listing” means an Appointment that is listed by a Business/Service Provider as available for booking via the Site, Application, and Services which include but are not limited to meetings, events, classes, etc.
“Member” means a person who completes the POMERAC’s account membership registration process, including but not limited to Businesses/Service Providers and Customers, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“POMERAC Content” means all Content that POMERAC makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Tax” or “Taxes” mean all forms of taxes that are required by the Business/Service Provider’s local, provincial, State, Federal and/or National authorities to be reported, collected and remitted to the applicable authorities therein, to which POMERAC will bear no liability for the Business/Service Provider’s compliance or non-compliance thereof.
"Visitor" means any User that uses POMERAC’s Site, Application or Services regardless of whether they are currently Registered with POMERAC or not.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
POMERAC reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees and Transaction Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of Appointments. Such Appointments are included in Listings on the Site, Application and Services by Businesses/Service Providers. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Appointment or create a Business/Service provider listing, you must first register to create a POMERAC Account (defined below).
As stated above, POMERAC makes available an online platform or marketplace for Customers and Businesses/Service Providers to meet online and arrange for bookings of Appointments directly with each other. Unless explicitly specified otherwise in the POMERAC platform, POMERAC’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Business/Service Provider for the purpose of accepting payments from Customers on behalf of the Business/Service Provider.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE BUSINESSES/SERVICE PROVIDERS AND CUSTOMERS CONNECTING AND BOOKING APPOINTMENTS DIRECTLY WITH EACH OTHER. POMERAC CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR APPOINTMENTS AND THE QUALITY, LEGALITY OR SUITABILITY OF ANY SERVICES PROVIDED. POMERAC IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND APPOINTMENTS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE CUSTOMER’S OWN RISK.
In order to access certain features of the Site and Application, and to book an Appointment or create a Listing, you must register to create an account (“POMERAC Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your POMERAC Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to POMERAC through the Site, Services or Application; or (ii) allowing POMERAC to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to POMERAC and/or grant POMERAC access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating POMERAC to pay any fees or making POMERAC subject to any usage limitations imposed by such third-party service providers. By granting POMERAC access to any Third-Party Accounts, you understand that POMERAC will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your POMERAC Account and POMERAC Business/ Service Provider Page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your POMERAC Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or POMERAC’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. POMERAC makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and POMERAC is not responsible for any SNS Content.
We will create your POMERAC Account and your POMERAC Profile Page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active POMERAC Business/Service Provider or Customer Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. POMERAC reserves the right to suspend or terminate your POMERAC Business or Customer Account and your access to the Site, Application and Services if you create more than one (1) POMERAC Business or Customer Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your POMERAC Account, whether or not you have authorized such activities or actions. You will immediately notify POMERAC of any unauthorized use of your POMERAC Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Appointment to be listed, including, but not limited to, the title of the Appointment, location, date, duration, number of available seats/spots, promo code information (if applicable), pricing cancellation policy, related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Appointment locations and Business/Service Provider accounts must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Appointment via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a customer requests a booking of your Appointment, you may not request the Customer to pay a higher price than in the booking request.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of an Appointment in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Appointment you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that POMERAC assumes no responsibility for a Business’/Service Provider’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. POMERAC reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that POMERAC, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or POMERAC’s then-current Policies (www.pomerac.com/pages/staticpage/service_policy)or otherwise harmful to the Site, Application or Services
If you are a Business/Service Provider, you understand and agree that POMERAC does not act as an insurer or as your contracting agent. If a Customer requests a booking of your Appointment and attends your event/class/ meeting, any agreement you enter into with such Customer is between you and the Customer and POMERAC is not a party thereto. Notwithstanding the foregoing, POMERAC serves as the limited authorized payment collection agent of the Business/Service Provider for the purpose of accepting, on behalf of the Business/Service Provider, payments from Customers of such amounts stipulated by the Business/Service Provider (including other fees and/or Taxes).
If you are a Business/Service Provider, POMERAC makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Appointment. You acknowledge and agree that, as a Business/Service Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present at the Appointment at your request or invitation, excluding the Customer (and the individuals the Customer invites to the Appointment, if applicable.)
POMERAC recommends that Business/Service Providers obtain appropriate insurance for their Appointments. Please review any insurance policy that you may have for your Appointments carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers (and the individuals the Customer invites to the Appointment, if applicable) while at your Appointment.
POMERAC does not endorse any Member or any Appointment. Members are required by these Terms to provide accurate information, and although POMERAC may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by POMERAC about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to book an Appointment with a Business/Service provider or to accept a booking request from a Customer, or to have any other interaction with any other Member. POMERAC is not responsible for any damage, harm or death resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from POMERAC with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site, Application and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Business/Service Provider against POMERAC regarding the remittance of payments received from a Customer by POMERAC on behalf of a Business/Service Provider, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
“Appointment” – a listing made by a POMERAC Business/Service Provider to provide a service (e.g. classes, meetings, events, etc.) via the Site and Application for booking by a Customer.
“Appointment Fees” means the amounts that are due and payable by a Customer in exchange for Services provided by the Business/Service Provider during a scheduled Appointment. The Business/Service Provider alone, and not POMERAC, determines these amounts. The Business/Service Provider may in his or her sole discretion decide to include in these amounts (i) an operational fee or any other fee permitted on the POMERAC platform, or (ii) Taxes that the Business/Service Provider determines that he or she has to collect.
“Customer” – means a POMERAC Member who requests from a Business/Service Provider a booking of an appointment for a service via the Site or Application, or a Member who attends an appointment and is the not the Business/Service Provider for such Appointment.
“Customer Fees” means the POMERAC Transaction fees for the return of monies to the Customer for the cancellation of an appointment.
“Business/Service Provider Fees” means the POMERAC Transaction fee that the Business/Service Provider is charged for the use of POMERAC’s Site, Application or Services for the booking or cancellation of any appointments.
“Transaction Fees” means collectively the Business/Service Provider Fees and/or the Customer Fees. “Service Fees” means the membership fees collected by POMERAC from a POMERAC Registered Business/Service Provider for the use of POMERAC’s online scheduling platform and application.
“Total Fees” means collectively the Appointment Fees and the Transaction Fees. Bookings and Financial Terms for Business/Service Providers
If you are a Business/Service Provider and a booking is requested for your Appointment via the Site Application and Services, you can permit Customers to choose to pay via the payment gateway (PayPal/Credit Card) or via Point of Sale. If a Customer pays via Point of Sale, you will be required to either confirm or reject the booking request within the Booking Request Period. If a Customer pays via the payment gateway (PayPal/Credit Card), the booking is considered confirmed. You do not need to approve it. However, you will have the ability to cancel the booking for whatever reason (see Cancellation Policy at: www.pomerac.com/pages/staticpage/cancellation_policy).
When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Customer who has requested the booking, (ii) the Customer’s phone number and e-mail address. When a booking requested by a Customer is confirmed (either by the Business/ Service Provider (Point-of-Sale) or directly via PayPal/Credit Card), POMERAC will send you an email or message via the Site and/or Application confirming such booking, depending on the selections you make via the Site, Application and Services.
POMERAC will collect the Total Fees at the time of booking confirmation and/or cancellation using the payment gateway and will initiate a payout of the Appointment Fees (less POMERAC’s Transaction Fees) to the Business/Service Provider, 24 hours after the Customer completes the applicable Appointment (except to the extent that a refund is due to the Customer or a dispute case for the said booking is under review see POMERAC’s Dispute Arbitration and Refund Policy at: www.pomerac.com/pages/staticpage/arbitration_process andwww.pomerac.com/pages/staticpage/refund_policy
The time it takes for the Business/Service Provider to receive a payout may depend upon POMERAC’s Payment schedule which is typically issued between five (5) to seven (7) business days. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Business/Service Provider and may deduct charges from the payout amount. If you owe or agree to pay any amount to POMERAC (whether as a result of your bookings or actions as a Customer or otherwise), then POMERAC may (but is not obliged to) withhold the amount owing from any payout amounts due to you as a Business/Service Provider, and use the withheld amount to offset the amount owed by you to POMERAC. If POMERAC does so, then your obligation to pay POMERAC will be extinguished to the extent of the amount withheld by POMERAC, and POMERAC will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
Appointment of POMERAC as Limited Payment Collection Agent for Business/Service Provider. Each Business/Service Provider hereby appoints POMERAC as the Business’/Service Providers’ limited payment collection agent solely for the purpose of accepting the Appointment Fees from Customers.
Each Business/Service Provider agrees that payment made by a Customer through POMERAC, shall be considered the same as a payment made directly to the Business/Service Provider, and the Business/Service Provider will make the Appointment available to the Customer in the agreed-upon manner as if the Business/Service Provider has received the Appointment Fees. Each Business/Service Provider agrees that POMERAC may, in accordance with the cancellation policy selected by the Business/Service Provider and reflected in the relevant Listing, (i) permit the Customer to cancel the booking and (ii) refund to the Customer that portion of the Appointment Fees specified in the applicable cancellation policy. Each Business/Service Provider understands that as POMERAC accepts payments from Customers as the Business/Service Provider’s limited payment collection agent and that POMERAC’s obligation to pay the Business/Service Provider is subject to and conditional upon successful receipt of the associated payments from Customers. POMERAC does not guarantee payments to Business/Service Provider s for amounts that have not been successfully received by POMERAC from Customers. In accepting appointment as the limited authorized agent of the Business/Service Provider, POMERAC assumes no liability for any acts or omissions of the Business/Service Provider. Please note that POMERAC does not currently charge fees for the creation of Listings. However, you as a Business/Service Provider acknowledge and agree that POMERAC reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that POMERAC will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Customers
The Business/Service Providers, not POMERAC, are solely responsible for honoring any confirmed bookings and making available any Appointments reserved through the Site, Application and Services. If you, as a Customer, choose to enter into a transaction with a Business/Service Provider for the booking of an Appointment, you agree and understand that you will be required to enter into an agreement with the Business/Service Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Appointment imposed by the Business/Service Provider. You acknowledge and agree that you, and not POMERAC, will be responsible for performing the obligations of any such agreements, that POMERAC is not a party to such agreements, and that, with the exception of its payment obligations hereunder, POMERAC disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that POMERAC is not a party to the agreement between you and the Business/Service Provider, POMERAC acts as the Business/Service Provider’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Business/Service Provider. Upon your payment of the Total Fees to POMERAC, your payment obligation to the Business/Service Provider for the Appointment Fees is extinguished, and POMERAC is responsible for remitting the Appointment Fees (less the POMERAC Transaction Fees), in the manner described in these Terms. In the event that POMERAC does not remit any such amounts as described in these Terms, such Business/Service Provider will have recourse only against POMERAC.(see Cancellation Policy at: http://www.pomerac.com/pages/staticpage/cancellation_policy).
Please note that POMERAC cannot control any fees that may be charged to you, as a Customer, by your bank related to any Appointment Fees or Customer Fees, and POMERAC disclaims all liability in this regard.
In consideration for the use of POMERAC’s online marketplace and platform, POMERAC charges POMERAC Service Fees to a registered Business/Service Provider for POMERAC Membership Services.
Balances will be remitted by POMERAC to Business/Service Provider’s via check, PayPal, direct deposit or other payment methods described on the Site or via the Application. General Booking and Financial Terms Cancellations and Refunds There are two general types of cancellation policies – (1) Standard/Default Policy and (2) the Flexible or Strict Policy. All Business/Service Providers must offer the Standard/Default Policy and either the Flexible or Strict Policy. For further details of the cancellation policies please see: http://www.pomerac.com/pages/staticpage/cancellation_policy Payment Processing Errors We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
You as a Business/Service Provider understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included (inclusive of taxes to be collected or obligations with your Listings). You are also solely responsible for remitting to the relevant authority in your territories such Taxes included or received by you. POMERAC therefore does warrant to pay or assist in reporting or remitting obligations of taxes owed by Business/Service Providers, utilising the POMERAC’s Site, Application or Services, to their local, provincial, State, Federal and/or National authorities. Additionally, POMERAC cannot and does not offer Tax-related advice to any Members.
Damage to Appointments
As a Customer, you are responsible for leaving the Appointment in the condition it was in when you arrived. You acknowledge and agree that, as a Customer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Appointment. In the event that a Business/Service Provider claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. www.pomerac.com/pages/staticpage/arbitration_policy.