POCKET ANGEL TERMS AND CONDITIONS

Pocket Angel terms of use for: (a) all users of its Digital Platform, (b) Donors, and (c) Service Providers (all defined below).

General information

Who we are.  Pocket Angel is a community interest company registered in England and Wales with our registered office at Pocket Angel, Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA, United Kingdom. Our company number is 12388196. We refer to ourselves as “Pocket Angel”, “we”, “us” or “our” in these Terms and Conditions.

What this document is about.  You are reading a legal document which is the agreement between you, the user of the Digital Platform (as defined below) (whom we refer to as “you” or “your”), and us. This agreement governs your use of the Digital Platform.

What we do.  We operate a Digital Platform which allows the public to provide immediate support to homeless people using a cashless model. We provide a platform for Donors (as defined below) to make donations to Voucher Holders by generating a Voucher for a Voucher Holder to use at a Service Provider in order to redeem it for a Service Provider Offering.

How to contact us. You can contact us by writing to us at admin@pocketangelhome.co.uk.

Why you should read these terms.  Please read these terms carefully before you use our Digital Platform. These terms tell you who we are, how we will provide our services to you on our Digital Platform, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

What these terms cover. These are the Terms and Conditions which apply to your use of the Digital Platform:

• Part A sets out the terms under which you may use the Digital Platform. Part A applies to everyone that uses any aspect of the Digital Platform.
• If you are a Donor, Part B sets out additional terms that apply to your use of the Digital Platform. Part B should be read with Part A and any other terms that may apply to you, as set out in these Terms and Conditions.
• If you are a Service Provider, Part C sets out additional terms that apply to your use of the Digital Platform. Part C should be read with Part A and any other terms that may apply to you, as set out in these Terms and Conditions.

Other terms that may apply to you. These Terms and Conditions refer to the following additional terms, which also apply to your use of our Digital Platform:

• our Privacy Policy https://www.pocketangelhome.co.uk/app-privacy-policy; and
• our Cookie Policy https://www.pocketangelhome.co.uk/cookies-and-privacy/.

By using our Digital Platform, you accept these terms.  By using our Digital Platform, you confirm that you accept these Terms and Conditions and that you agree to comply with them. If you do not agree to these terms, you must not use our Digital Platform. We recommend that you print a copy of these terms for future reference.

1. Definitions and Interpretation

In these Terms and Conditions, we use various defined terms. You will know they are defined because they begin with a capital letter. The following words and expressions shall have the following meanings:

Angel means a third-party charity or other organisation who has agreed to distribute Service Provider Offerings to Qualifying Recipients based on certain pre-agreed criteria;

Digital Platform means:

• the Pocket Angel iOS and Android applications, which we refer to as “Pocket Angel Assist”;
• the Pocket Angel website at http://www.pocketangelhome.co.uk/; and
• all digital platforms, subsisting now or in the future, that serve or enable other products or services;

Donor means an individual donating funds for a Voucher through the Digital Platform;

• Qualifying Recipient means an individual who, in the reasonable opinion of a Donor or Angel, is or may become in need of a Service Provider Offering (including, for example, a homeless individual or an individual with insufficient financial support to purchase their meals, accommodation or other key services);
• Redemption Period means the period specified on a Voucher during which the Voucher is redeemable at a particular Service Provider;

Service Provider means a third party unrelated to Pocket Angel that sells, supplies and/or provides the Service Provider Offering;

• Service Provider Offering means the goods or services to be supplied and/or provided by the Service Provider to the Voucher Holder;
• Voucher means an instrument, in an electronic or hardcopy form, produced by the Pocket Angel Digital Platform which entitles the Voucher Holder to receive the Service Provider Offering from the Service Provider during the Redemption Period; and

Voucher Holder means a person who holds a Voucher.

In these Terms and Conditions, unless the context requires otherwise:

• references to a person include any individual, firm, body corporate (wherever incorporated), government, state or agency of a state or any joint venture, association, partnership, works council or employee representative body (in any case, whether or not it has separate legal personality);
• references to a paragraph or clause are to those of these Terms and Conditions;
• headings do not affect its interpretation;
• the singular shall include the plural and vice versa, and references to one gender include all genders; and
• any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as merely illustrative and shall not limit the sense of the words preceding those terms.

 

 

PART A – TERMS OF USE OF THE DIGITAL PLATFORM

1. Content on Digital Platform
   • Unless where otherwise specified or clearly recognisable, all content available on the Digital Platform is owned or provided by Pocket Angel or its licensors.
   • Pocket Angel will take reasonable steps to ensure that the content provided on the Digital Platform does not infringe any third party rights. However, it may not always be possible to achieve such a result. In the first instance, without prejudice to any legal rights you may have to enforce your rights, you can contact us using the contact details above.
   • The content on the Digital Platform is provided free of charge. Pocket Angel does not guarantee that the Digital Platform, or any content on it, will always be available or be uninterrupted. Pocket Angel may update and change the content on the Digital Platform from time to time to reflect changes to business priorities. Pocket Angel reserves the right to suspend the Digital Platform for maintenance, system updates or other changes.
   • The content on the Digital Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Digital Platform.
   • Although we make reasonable efforts to update the information on the Digital Platform, Pocket Angel makes no representations, warranties or guarantees, whether express or implied, that the content on the Digital Platform is accurate, complete, or up to date.
   • You are responsible for ensuring that all persons who access the Digital Platform through your mobile phone, computer or other device are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.
2. Access to external resources
   • The Digital Platform may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for, and have not checked and approved, their content or their privacy policies (if any).
   • You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
3. Acceptable use
   • The Digital Platform may only be used within the scope of what they are provided for, under these Terms and Conditions, and applicable law. You must be 18 or over to accept these Terms and Conditions and download Pocket Angel Assist.
   • For the avoidance of doubt, you must not use any part of the content on the Digital Platform for commercial purposes without obtaining a licence to do so from us.
   • You are solely responsible for ensuring that your use of the Digital Platform does not violate applicable law, regulations or third party rights.
   • If you breach any of these Pocket Angel Terms and Conditions, your right to use the Digital Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4. Use of our Digital Platform
   • Licence to access. Pocket Angel grants you a limited, personal, non-transferable, non-exclusive, revocable licence to access and use the Digital Platform pursuant to these Terms and Conditions and to any additional terms and policies set out by Pocket Angel.
   • Restrictions on use. You shall not copy the Digital Platform, translate, merge, adapt, vary, alter or modify the whole or any part of the Digital Platform, nor permit the Digital Platform to be combined with, or become incorporated in, any other programs, except as necessary to use the Digital Platform as permitted in these Terms and Conditions. You shall not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Digital Platform.
   • Viruses. We do not give any warranty that the Digital Platform is free from viruses or anything else which may have a harmful effect on any technology. You must not misuse the Digital Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Pocket Angel Assist, the server on which any element of the Digital Platform is stored, or any server, computer or database connected to the Digital Platform. You must not attack the Digital Platform via a denial-of-service attack of a distributed denial-of-service attack.
   • Apple App Store/Google Play Store terms. The ways in which you can use Pocket Angel Assist may also be controlled by Apple App Store/Google Play Store’s rules and policies availablehttps://www.apple.com/uk/legal/internet-services/terms/site.html    https://play.google.com/intl/en-GB_uk/about/play-terms/index.html. If there is a conflict between Apple App Store/Google Play Store’s rules and policies and these Terms and Conditions, the Apple App Store/Google Play Store’s rules and policies shall apply, to the extent that they are inconsistent.
5. Intellectual property

You acknowledge our ownership.  All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) as part of and in connection with our Digital Platform, including materials, information and content on our Digital Platform or accessed on any part of it, any database operated by us, all the design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all their selection, coordination, arrangement and enhancement shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All our rights are reserved.

6. Limitation of liability
   • You agree that your use of our Digital Platform is at your sole risk. To the fullest extent permitted by law, and except as expressly provided under these Terms and Conditions, Pocket Angel excludes all representations, conditions, warranties and other terms in relation to our Digital Platform.
   • This section takes precedence over all other sections in these Terms and Conditions. Pocket Angel excludes all liability and responsibility for any loss or damage that may result to you or any third party (including, but not limited to, any direct, indirect, or consequential loss or damage whether in tort, contract or otherwise) in connection with any content displayed on our Digital Platform or the use of, or inability to use, our Digital Platform or any websites linked to it.
   • Other exclusion of liability. Pocket Angel does not exclude or limit its liability for death or personal injury resulting from its negligence, fraud, fraudulent misrepresentation, or any other liability that may not be excluded or limited by law.
7. Data protection
   • We only use any personal data we collect through your use of the Digital Platform in the ways set out in our Privacy Policy and Cookies Policy, which form part of these Terms and Conditions.
   • We may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for Pocket Angel Assist on the device. By using the Digital Platform, you consent to our and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
8. Miscellaneous
   • Waivers. No failure to exercise, or delay in exercising, any right under these Terms and Conditions or provided for by law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under these Terms and Conditions or provided by law shall not preclude any further exercise of it.
   • Variations. Pocket Angel reserves the right to amend or otherwise modify these Terms and Conditions at any time. Should these Terms and Conditions change, we will update this document accordingly and publish details of the amendment on the Pocket Angel website. By continuing to use the Digital Platform, you agree to be bound by the Terms and Conditions as amended. 
   • Invalid Terms. Each of the provisions of these Terms and Conditions is severable. If and to the extent that any provision of these Terms and Conditions: (a) is held to be, or becomes, invalid or unenforceable under the law of any jurisdiction; but (b) would be valid, binding and enforceable if some part of the provision were deleted or amended, then the provision shall apply with the minimum modifications necessary to make it valid, binding and enforceable and neither the validity or enforceability of the remaining provisions of these Terms and Conditions, nor the validity or enforceability of that provision under the law of any other jurisdiction, shall in any way be affected or impaired as a result of this clause.
   • No Third Party Enforcement. A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
   • Governing Law. These Terms and Conditions, and any non‑contractual obligations arising out of or in connection with it shall be governed by, and interpreted in accordance with, English law.
   • Dispute Resolution. The English courts shall have exclusive jurisdiction in relation to all disputes. For these purposes, each party irrevocably submits to the jurisdiction of the English courts and waives any objection to the exercise of that jurisdiction.

PART B – DONOR TERMS OF USE

1. What these terms cover

If you are a Donor, this Part B will apply to your use of the Digital Platform, in addition to the terms in Part A of the Terms and Conditions.

2. Donations
   • There are two ways that you may donate a Voucher:
     • directly to a Qualifying Recipient, by either (i) printing out the Voucher and giving this Voucher to a Qualifying Recipient of your choice; or (ii) providing the Qualifying Recipient of your choice with an electronically generated Voucher code. In either case of (i) or (ii) the Qualifying Recipient will be able to redeem the Voucher directly from the applicable Service Provider; or
     • on a “Pay it Forward” basis, where you elect to donate a Voucher to a category of Qualifying Recipients, in which case Pocket Angel will distribute the Service Provider Offering via one of its Angels to a Qualifying Recipient.

3. Pay it Forward
   • Part C of the Terms and Conditions sets out the obligations of Service Providers.
   • Where a “Pay it Forward” donation has been made, Pocket Angel is not responsible for the acts of a Service Provider and shall not be held responsible for any dissatisfaction you may have about the use of Vouchers by a Service Provider. Pocket Angel will have no liability to Donors for the misuse of Vouchers by Service Providers.
4. Payment

• When you donate a Voucher via Pocket Angel, Pocket Angel does not deduct any fee for its services from your Voucher donation. However, you may choose to make an additional donation to Pocket Angel to help meet Pocket Angel’s administrative costs in facilitating the Digital Platform and processing donations (including assisting Pocket Angel to pay the Service Fee (defined below)). This donation to Pocket Angel is entirely voluntary and separate to your Voucher donation.
  • Where a “Pay it Forward” donation has been made, Service Providers do not take a fee for their service.
  • Donations made through the Digital Platform are processed by PayPal Europe (PayPal). Pocket Angel shall pay any service fee charged by PayPal in respect of your Voucher donation (the Service Fee).
  • When using the Digital Platform to donate, you will be re-directed to PayPal’s website or platform where your payment will be processed according to its terms and conditions. You are responsible for reviewing PayPal’s terms and conditions before authorising any payments through their service.

5. Refunds
   • All donations are final and refunds are only permitted in exceptional circumstances. If you believe that your donation should be refunded, please contact Pocket Angel at admin@pocketangelhome.co.uk within 7 days of making the donation.

 

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PART C – SERVICE PROVIDER TERMS OF USE

1. What these terms cover

If you are a Service Provider, this Part C will apply to your use of the Digital Platform, in addition to the terms in Part A of the Terms and Conditions.

2. Service Provider Relationship
   • A Donor shall donate funds for a Voucher for a Service Provider Offering through the Digital Platform for a Qualifying Recipient, and on receipt of the Voucher through the Digital Platform or through any other authorised means authorised by Pocket Angel, that Qualifying Recipient shall become a Voucher Holder.
   • A Voucher shall entitle a Voucher Holder to the Service Provider Offering described in the Voucher.
   • These Terms and Conditions apply to the exclusion of any other terms that the Voucher Holder seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
   • All parts of these Terms and Conditions shall apply to the supply of the Service Provider Offering except where application to one or the other is specified.
3. Service Provider Offering
   • The Service Provider Offering shall be as described in the Digital Platform.
   • The Service Provider shall work with us to describe the Service Provider Offering on the Digital Platform.
   • The Service Provider reserves the right to amend the Service Provider Offering from time to time and the Service Provider shall notify us in any such event.
4. Delivery of Service Provider Offering
   • Vouchers may either be redeemed by Voucher Holders directly or, subject to the preferences the Donor selects at the time of donating a Voucher, redeemed on their behalf by an Angel.
     • Direct Redemption of Voucher. The Voucher Holder shall collect the Service Provider Offering from the Service Provider’s premises, such location or locations to be provided by the Service Provider to us for listing on the Digital Platform, or such other location as may be agreed with the Voucher Holder or Service Provider.
     • Redemption of Vouchers by Angel. One of our carefully selected Angels may redeem a Voucher on behalf of the category of Qualifying Recipient selected by a Donor at the time of donation. The Angels shall collect or have delivered to them, at Service Provider’s election, the Service Provider Offering and shall then distribute such Service Provider Offering to a Qualifying Recipient based on criteria previously agreed between Pocket Angel and our Angels.
   • On presentation of a Voucher by a Voucher Holder or Angel, the Service Provider shall validate the Voucher through the Digital Platform and, following confirmation as to its validity, provide the Service Provider Offering to the Voucher Holder.
   • If the Service Provider is unable to provide the Service Provider Offering, it shall use its reasonable efforts to offer an alternative Service Provider Offering of similar description and quality available.
   • Pocket Angel may provide the Service Provider with marketing items for display in the Service Provider’s premises (the Display Merchandise). The Service Provider shall use reasonable efforts to display the Display Merchandise.
   • The Service Provider shall under no circumstances supply any tobacco products or alcoholic drinks to a Voucher Holder as part of a Service Provider Offering. Food prepared using alcohol can be supplied to a Voucher Holder as part of a Service Provider Offering.
5. Quality of Service Provider Offering
   • Except as provided in this clause 5, the Service Provider shall have no liability to the Voucher Holder in respect of the Service Provider Offering’s failure to comply with the warranty set out in sub-clause below (the Liability Clause).
   • The Service Provider warrants that on delivery, the Service Provider Offering shall:
     • conform with the description provided in the Digital Platform;
     • be free from material defects in design, material and workmanship; and
     • be fit for any purpose held out by the Service Provider,

(together the Warranty).

• Subject to the Liability Clause, the Service Provider shall replace a defective Service Provider Offering if:
  • the Angel gives notice within a reasonable time of discovery that some or all of the Service Provider Offering does not comply with the Warranty;
  • the Voucher Holder gives notice within a reasonable time of discovery that some or all of the Service Provider Offering does not comply with the Warranty;
  • the Service Provider is given a reasonable opportunity to examine such Service Provider Offering; and
  • the Voucher Holder returns such Service Provider Offering to the Service Provider’s premises.
• The Service Provider shall not be liable for the Service Provider Offering’s failure to comply with the Warranty if:
  • the Voucher Holder makes any further use of such Service Provider Offering after giving notice in accordance with this clause; or
  • the defect arises because the Voucher Holder failed to follow the Service Provider’s oral or written instructions as to the storage, use or maintenance of the Service Provider Offering.
• These Terms and Conditions shall apply to any replacement Service Provider Offering supplied by the Service Provider.

6. Redemption of a Voucher
   • Unless expressly stated otherwise:
     • the Voucher can only be redeemed once;
     • the Voucher can only be redeemed with the Service Provider;
     • the Voucher is valid for one Voucher Holder only; and
     • the Voucher Holder must follow the redemption instructions associated with the Voucher.
   • In order to redeem a Voucher, the Voucher Holder must present it to the Service Provider within the Redemption Period. If the Voucher Holder does not redeem the Voucher within the Redemption Period, the Voucher expires automatically and cannot be redeemed by that Voucher Holder. Following expiry, the Voucher used by Pocket Angel on a “Pay it Forward” basis, where Pocket Angel will distribute the Service Provider Offering via one of its Angels to a Qualifying Recipient.
   • Vouchers are redeemable in their entirety only. If the Voucher Holder redeems the Voucher with a Service Provider for less than the original (undiscounted) value of the Service Provider Offering, the Voucher Holder is not entitled to a credit or cash refund or a new Voucher for the difference between the original (undiscounted) value and the redeemed value. If the Voucher Holder chooses to redeem the Voucher with a Service Provider for a Service Provider Offering with a value greater than the original (undiscounted) value of the Voucher, then the Voucher Holder shall pay the difference between the original (undiscounted) value and the Service Provider Offering.
7. Use of a Voucher
   • The Voucher is for the Voucher Holder’s non-commercial, personal use only. The commercial trade of a Voucher is prohibited. The reproduction of a Voucher is prohibited.
   • The Voucher is solely the Voucher Holder’s responsibility. Neither Pocket Angel nor the Service Provider are responsible for lost or stolen Vouchers or for retrieving Voucher reference numbers or Voucher security codes.
   • The Voucher Holder shall not engage in any unlawful activity in connection with the use of a Voucher or allow anyone else to do so.
   • Any attempt to redeem a Voucher contrary to these Terms and Conditions may render a Voucher void at Pocket Angel’s discretion.
8. Price
   • The price for the Service Provider Offering shall be set by the Service Provider in agreement with Pocket Angel and provided to us for listing in the Digital Platform.
   • The Service Provider shall be entitled to amend the price of the Service Provider Offering from time to time in agreement with Pocket Angel, and the Service Provider shall notify us in any such event for listing in the Digital Platform.
9. Payment

We will direct all donation payment transfers to the PayPal account you provide.  You are responsible for keeping us informed of your correct and up-to-date PayPal details. If you provide incorrect or out-of-date PayPal account details, we will not be responsible if a payment is delayed or made incorrectly.

10. Data protection

We only use any personal data we collect through your use of the Digital Platform in the ways set out in our Privacy Policy and Cookies Policy, which form part of these Terms and Conditions.

11. Termination

Without affecting any other right or remedy available to it, Pocket Angel may terminate these Terms and Conditions with immediate effect by giving the Service Provider written notice if it commits a material breach of any of these Terms and Conditions and (if such a breach is remediable) fails to remedy that breach within 10 days of being notified in writing to do so.

Without affecting any other right or remedy available to it, the Service Provider or Pocket Angel may terminate Part C of these Terms and Conditions by giving the other party not less than 30 days’ written notice.

Following termination under this Clause 11, the Service Provider shall return any Display Merchandise to Pocket Angel’s place of business, or another location to be agreed between Pocket Angel or the Service Provider.

12. Consequences of termination
    • Termination of Part C of these Terms and Conditions shall not affect any rights, remedies, obligations or liabilities of the Service Provider or Pocket Angel that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms and Conditions which existed at or before the date of termination.
    • Any provision of these Terms and Conditions that expressly or by implication is intended to have effect after termination shall continue in full force and effect.