PocketVenture.com (the “Site”) is a platform where users may raise business finances, buy or sell goods or services or use other features provided. PocketVenture is not a financial institution, investment bank or a financial advisor. PocketVenture is an auxiliary company name of Business Angels Finland Oy (Business ID 2026510-2) and it may also be referred as “its”, “we”, “us”, “our”.
It is important that you take the time to read these conditions carefully before using PocketVenture.com and related services (collectively, the “Services” or “PocketVenture”).
You are not allowed to use the Site or the Services if you do not agree to the Terms.
2. ADDITIONAL TERMS
We may offer a wide range of PocketVenture Services, and sometimes additional terms may apply. When you use a PocketVenture Service you will also be subject to additional terms, guidelines and conditions applicable to that PocketVenture Service (“Service Terms”). In case of conflict Service Terms will prevail over the Terms.
To use the Services, individuals have to be at least 18 year old (and at least the legal age in your jurisdiction) and fully competent to form a binding contract.
To visit and access certain sections of the Site and Services you may be required register, join or otherwise provide information about yourself.
You agree to provide truthful, accurate, correct, complete and up-to-date information and to keep that information updated. Use of aliases or anything other than your real name is prohibited. Providing false or misleading information about your identity or contact information is forbidden.
A legal entity may also register, but it needs to be represented by a natural person with the authority to act on behalf of the legal entity. Legal entities will appear on the Services through private individuals, whose names also appear on the profiles. If a user is acting on behalf of a legal entity, the user represent and warrants to Pocket Venture that the user has the power and the authority to act on behalf of the legal entity.
5. YOUR ACCOUNT
You must take due care to protect your username and password (collectively “Account”) against misuse by others and ensure that the password is kept confidential and secure. You are personally responsible for any use of the Services and all activities that occur under your Account.
You should inform us immediately about any misuse or if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
6. ACCOUNT TERMINATION
You may terminate your Account if you no longer wish to use the Services. After termination, you will no longer have access to certain parts of the Services.
We may terminate your access to the Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your Account. Specifically we may terminate your access to the Services or certain parts thereof if we reasonably believe that you have breached the Terms or if you have not signed into the Services with your username in the past six (6) months.
Any fees paid to us are non-refundable. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. USING THE SERVICES
You agree to:
• Comply with applicable laws, regulation, generally accepted practices and guidelines in the relevant jurisdictions;
• Comply with these Terms and good manners;
• Use the Services only for your personal, non-commercial purposes (except as expressly allowed by these Terms);
• Not to use the Services for any fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
• Not to reproduce, duplicate, copy, sell trade or resell the Services for any purpose;
• Not to use any automated systems or means (e.g. data mining, robots, or similar data gathering and extraction tools) to access, acquire, copy or monitor any part of the Services.
• Not submit unlawful, offensive, false, inaccurate, deceptive, misleading, abusive, pornographic, harassing, threatening, libellous or otherwise inappropriate information or content;
• Not submit information or content that infringes intellectual property rights;
• Obtain any consents, permission or licenses that may be legally required for you to submit any content or information;
• Respect the privacy of others;
• Not use any other technologies or initiate other activities that may harm the Services, or the interest or property of the users of the Services;
• Be responsible for the consequences related to the information and content that you post or submit; and
• Be solely responsible for reporting and paying any tax and corresponding payments required.
We may but have no obligation to:
• Monitor, pre-screen, review, flag, filter, modify, refuse or moderate any Content, Materials or information;
• Remove any Content, Materials or information from the Services; and
• Restrict access to any part of the Services, Content, Materials or information at any time in our sole discretion.
9. PROHIBITED ITEMS
The following items must not be listed or offered on the Site or Services by sellers or purchased by buyers:
• Items that infringe another party’s copyright, patent, trademark, design right, database right, or other intellectual property or other proprietary right;
• Living animals;
• Illegal or prescription drugs;
• Tobacco, tobacco-related items, intoxicating liquor and home-made alcoholic beverages;
• Firearms and ammunition;
• Offensive weapons, poisons and dangerous substances (as defined by the applicable law or laws);
• Stolen goods;
• Obscene material including pornographic material or sexually-oriented adult material (e.g.: material rated 18, home porn and hardcore material);
• Items whose sale is subject to export restrictions;
• Items whose sale, distribution or offering for sale is prohibited by any applicable law or encourage, promote, facilitate, or instruct others to engage in any illegal activity;
• Offensive material, including material that incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age; or
• Any other types of products that in our discretion are to be excluded from listing and/or sale using the Service.
10. SOCIAL ACTIVITIES
You may use features in the Service to share your location, status, content, Materials or personal data or to interact with other users, sites and services. By using these features you agree that we may use and provide that information to other services and persons with whom you choose to interact or share this information. These interactions do not involve PocketVenture and are solely between you and the other user(s).
As part of the Services, you may have access to information and content developed, submitted, or owned by us, our licensors, other users or third parties (the “Content”).
Before downloading or accessing any Content, please check whether the Content which you wish to access is subject to addition confidentiality or use restrictions. Some Content may only be available to residents of certain geographical areas or subject to additional terms.
• To use the Content only for your personal, non-commercial purposes (except as expressly allowed by these Terms);
• Not to, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform or make the Content available unless authorized by the owner(s) of the Content;
• Not to use any automated systems or means, except for those provided by us, for the selection or downloading of the Content;
• Not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Content accessed through the Services.
• To use the Content in accordance with the restrictions set out in applicable laws, additional terms, guidelines and policies;
The Content owned by PocketVenture, its licensors, other users and third parties is protected by intellectual property laws (e.g. copyright, trademark, service mark, patent, trade secret laws). You understand that the Content owner is responsible for the content and we are only transmitting the Content and have no editorial control over the Content of others. PocketVenture is not a party to the transaction between you and the Content owner.
12. MATERIALS YOU SUBMIT
You may be able to submit information or content (the “Material”) to the Site or the Services. You are solely responsible for any Material submit to the Site or the Services. We are only transmitting the Material and are not responsible for editorial control over it.
You retain copyright and any other rights you already hold in the Material which you submit. PocketVenture does not claim any ownership rights in you Material. By submitting Material to the Site or Services you grant PocketVenture a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, reproduce, adapt, modify, translate, host, stream, transmit, playback, transcode, publish, publicly perform, publicly display, and distribute in any media the Material to incorporate the Material into other works, and to grant similar sublicenses to the extent reasonably necessary for PocketVenture to provide the Services.
You agree that this license includes a right for PocketVenture to make such Material available to other companies, organizations or individuals with whom PocketVenture has relationships for the provision of syndicated services, and to use such Material in connection with the provision of those services.
You represent and warrant to PocketVenture that you have all the rights, power and authority necessary to grant the above licenses. You also agree that you are responsible for protecting and enforcing any rights you have in the Material and that PocketVenture has no obligation to do so on your behalf.
You are solely responsible for taking backup copies of the Material you store on the Services. If the Services is discontinued or cancelled, PocketVenture may permanently delete your Material. PocketVenture has no obligation to return data to you after the Service is discontinued or cancelled. When information or content is removed from the Services by either you or us, traces or copies may still remain elsewhere.
We charge fees for certain Services. The fees are listed on the Site. Certain fees are non-refundable. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service.
When using invoice as an payment method you are responsible about our and your banks possible transaction fees. You need to choose always that you are paying these fees when you are paying your invoice. (typically this conciders banks outside of the SEPA area (Europe)). You also accept that if in cancelled case we are doing refunds you cover your own banks costs.
Only legal entities may sell items and be a seller (“Seller”) on the Services. This Section 14 applies to you who have indicated to a Seller on the Service.
You acknowledge, accept, represent and warrant the following:
• You have obtained a right from the legal entity you are representing to market and sell the item.
• Seller is the true owner of the item or are properly authorised to sell the item by the true owner and are able to transfer good title to the item free from any third party claims and the information provided about the item is accurate, current and complete and is not misleading or otherwise deceptive;
• The item is not one that would fall within any of the prohibited items described in Section 9 and the item is safe and bears any marking and labelling required under applicable law;
• You are responsible for handling any logistics, refunds, cancellations and returns associated with selling items.
• You are responsible for any taxes, including but not limited to VAT, associated with selling items.
This Section 15 applies to you, who have indicated to be a “Target” on the Service.
You acknowledge, accept, represent and warrant the following:
• You have obtained a right from the legal entity you are representing to market and execute the financing round using the Services.
• The Target has honestly given true, accurate and complete information concerning the Target, its status and previous funding.
• The Target acknowledges that the purpose of the Services is solely to assist the Target in finding suitable Investors. Legal commitments on the financing round are formed directly between the Target and Investor outside the Services.
• The Target will execute the financing with due care and in accordance with the information you have published in the Services. All such information is complete and accurate.
• The Target acknowledges that it is its sole responsibility to ensure that the financing round is implemented in accordance with applicable laws, rules and regulations. Without limiting the foregoing, if any legal requirements arise from applicable laws, rules and regulations, which obligations may include the obligation to prepare a prospectus, it is the responsibility of the Target to ensure that such legal requirements are met, and it is the responsibility of the Target to bear all costs arising from meeting such requirements.
• The Target will inform PocketVenture on the execution of the financing round.
This Section 16 applies to you, when you consider investing in to the target companies. “Investor ”
You acknowledge, accept, represent and warrant the following:
• You shall keep confidential all confidential information received from Target, and shall use such confidential information only for the purposes of evaluating the opportunity to participate in the financing round. You agree that Target shall be a third party beneficiary to this confidentiality commitment and shall be entitled to directly enforce and rely upon it against you.
• In some countries certain legal requirements may apply to Investors. It is for you to ensure that you meet such requirements that may include the requirement that you are a “certified investor”, “self-certified investor” or “accredited investor”. PocketVenture or the Target may require you to provide evidence to support the fact that the legal requirements are met but PocketVenture is under no obligation to do so or generally verify that the requirements are met.
• You acknowledge that the purpose of the Service is solely to assist you in finding suitable Targets. Legal commitments on the financing round are formed directly between your and Target outside the Service.
• You have read and duly undertaken to be bound by any such agreements and undertakings as you may be required by the Target to approve in connection with making the investment.
• You make all investment decisions based on your own judgement and you are solely responsible for the decisions.
• You waive any and all rights to make claims against PocketVenture for any reason associated with the financing round or the investment.
• I have read and understand PocketVenture risk warning. Investing in start-ups and early stage businesses involves risks, including illiquidity, lack of dividends, dilution and loss of investment , and it should be done only as part of a diversified portfolio.
We will endeavour to ensure that the availability of the Site and the Services will be uninterrupted and error-free. Your access to the Site or Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction new services. We will attempt to limit the frequency and duration of any such suspension or restriction.
We reserve the right to change, suspend, or discontinue the Site and/or the Services at any time for any reason. We may also impose limits on certain Services or restrict your access to parts or all of the Site or the Services without notice or liability.
18. PRIVACY AND DATA PROTECTION
19. OUR CONTACT DETAILS
PocketVenture is an auxiliary company name of Business Angels Finland Oy. This Site is owned and operated by Business Angels Finland Oy (Business ID 2026510-2), a company incorporated and organized under the laws of Finland. In matters pertaining to this Site or the Services you may contact us at:
Business Angels Finland Oy
c/o PocketVenture Privacy
PO Box 60
FI-00751 Helsinki, Finland
20. ELECTRONIC COMMUNICATIONS AND NOTICES
When you use any PocketVenture Service or send emails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website or through other PocketVenture Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
21. NO WAIVER
Our failure to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
22. OTHER BUSINESSES
Parties other than PocketVenture provide services, or sell products or raise business finances on this website. In addition, we provide links to the sites of certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. When you access third-party websites, you do so at your own risk. PocketVenture does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with PocketVenture.
23. NOTIFYING OF INAPPROPRIATE CONTENT OR ACTIVITY
It is not possible for us to be aware of the information and content that is displayed on the Services. Accordingly, we operate on a “notice and action” basis. If you believe that any information or content on the Service contains a defamatory statement, inappropriate content, or any illegal activity, please notify us immediately. Contacts
24. NOTIFYING COPYRIGHT INFRINGEMENTS
We will remove infringing materials if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, notify us in writing at Business Angels Finland Oy, CO PocketVenture PL 60, 00751 Helsinki.
a) your full name and contact information (mailing address, phone number and email address);
b) a description of the copyrighted work that you claim has been infringed
c) a description of where the material that you claim is infringing is located on the Site, sufficient for us to locate the material;
d) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Important Warning: giving false, misleading or inaccurate information in the Notice to PocketVenture may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
“PocketVenture” is a trademark of Business Angels Finland Oy. Nothing in these Terms gives you a right to use any of PocketVenture’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Services may include advertisements. Advertisements may be targeted to the content or information stored on the Services, queries made through the Services, or other information.
27. LIMITATION OF LIABILITY
PocketVenture is under no obligation to become involved in disputes between sellers and buyers, between investors and targets, or between you and any third party arising in connection with the use of the Site or Services.
The Site and the Services are provided on “AS IS” and “AS AVAILABLE” basis. PocketVenture does not warrant that the Site or the Services will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Site or the Services. You expressly agree and acknowledge that the use of the Site and the Services is at your sole risk and that you may be exposed to content from various sources.
Except for liability for death or personal injury caused by its gross negligence or intentional misconduct, PocketVenture is not liable for any direct damages caused by your use or inability to use the Site or the Services. In no case will PocketVenture be liable for any indirect, incidental, punitive or consequential damages, any loss of profit, goodwill, business reputation or data resulting from your use or inability to use the Site or the Services.
You agree to defend and indemnify PocketVenture and its directors, agents, licensors and licensees from and against all third party claims and all liabilities, assessments, losses, costs, expenses or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Services by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.
29. APPLICABLE LAW
These Terms are governed by and construed in accordance with the laws of Finland, and the application of any principles of conflicts of law and of the United Nations Convention of Contracts for the International Sale of Goods are expressly excluded.
Any disputes arising between you and PocketVenture shall be settled via negotiations, where possible. Any dispute arising out of or in connection with these Terms or the Services shall be resolved in the District Court in the City of Helsinki, Finland. Both you and PocketVenture submit to the exclusive jurisdiction of the Finnish Courts.
30. CHANGES IN TERMS
PocketVenture may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, PocketVenture will provide a separate notice advising of the change. You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification.
If any provision of these Terms is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
PocketVenture may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with PocketVenture. Additionally, PocketVenture may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
The Terms are personal to you, and are not assignable, transferable, or sub-licensable by you except with PocketVenture’s prior written consent.