Terms and Conditions of Services for POMO House
Your use of our site is subject to these terms and conditions together with any additional terms and policies referred to in them (“Our Terms”).
These terms and conditions of service together with any terms and policies referred to in them (“Our Terms) constitute a legally binding agreement between you and POMO House Ltd. (“POMO House”, “we”, “us” or “our”). By accessing our Site, purchasing our Products or using our Services you agree to abide by Our Terms.
These Terms of Service (“Terms”) govern your purchase and use of our POMO products, our websites, including www.pomohouse.com, the software embedded in POMO devices, the embedded in Pomo mobile applications, memberships and other Pomo services (collectively, the “Pomo Service”).
You must accept these Terms to create a Pomo account and to use the Pomo Service. If you do not have an account, you accept these Terms by visiting www.pomohouse.com or using any part of the Pomo Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.POMOHOUSE.COM OR USE THE POMO SERVICE.
These Terms May Change
By using the Site, Service and/or Products, you acknowledge and agree that:
You grant POMO House the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by you (i.e. Global Positioning Data received from your use of our Service or Product). Accordingly, POMO House shall have the right to use, irrespective of the type of usage, all content both as part of the POMO House platform and any other activity of POMO House or any company affiliated with POMO House. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, you agree to waive, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that POMO House uses content created by a user outside the POMO House platform, POMO House shall note that such content was created by the user.
Unless required by statutory law, neither POMO House nor any of its business affiliates shall be liable for damages resulting from the Content (e.g., Global Positioning Data received from your use of our Service or Product) or from the use of content posted or made accessible through the Site, the Service or the mobile app. This also applies to damages resulting from errors, problems, viruses or loss of data.
Your use of the Service and all Content you posted on, transmitted through or linked from the Site and/or the Mobile applications is in compliance with these Terms and Conditions and all applicable national and international laws, including any laws regarding the transmission of data exported from your country of residence and all export control laws.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Pomo Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You also agree that Your Content will comply with the following community guidelines:
1. Be respectful of the opinions of others. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
2. Do not post profane or explicit content.
3. Do not post profile pictures that might be considered inappropriate.
4. Do not post communications that could be interpreted as threatening or harassing.
5. Do not post, advertise, or promote products or services commercially
We may need to access and disclose any information we consider necessary order to cooperate with legitimate requests coming from a Court, a government body or any other authority. We may also need to disclose information in order to protect our systems and users, or to ensure the integrity and operation of the Service, our business and our systems. The information we may disclose include, but is not limited to, IP addresses and traffic data, usage history, and submitted Content.
What does this Warranty cover?
Pomo House Co., Ltd (“Pomo”) warrants to the products listed on this website (“Device”) that the hardware is free from defects in materials and workmanship under normal use and service for the duration of the Limited Warranty period.
This warranty is valid only for customers purchasing from our website (www.pomohouse.com) and Kickstarter campaign (“Site” ). Customers who purchased the Device from other retailers should contact the respective retailer for their warranty policy.
How long does the coverage last?
The warranty coverage lasts for a period of 12 months from the original date of purchase from the Site. This warranty is only available to the original purchaser of the Device. If the Device is replaced pursuant to this warranty, then the user shall have a warranty period for the replacement Device for the longer of the remaining term of the original warranty or 60 days. Pomo reserves the right to require proof of purchase for service under this warranty.
What will Pomo do in the event of a Warranty Claim?
If Pomo confirms that a Device is covered by the warranty, Pomo will replace the Device with a new or refurbished Device at no charge to the customer. Replacement devices usually ship 4-6 weeks after the Warranty Claim is completed and approved.
What is a defective Device?
A defective Device is a product that despite a firmware update and reformatting, has a defect rendering it unfit for the use for which it is intended.
What does this Warranty not cover?
Pomo does not guarantee the operation of the Device with non-compatible software and a non Pomo issues Simcard.
Pomo only guarantees the Device against defects resulting from normal use and therefore the warranty does not apply to:
1. Device with cosmetic damage (ex. dent, crack, scratch etc.) and/or traces of moisture/corrosion and/or spillage of food/liquids/ or water damage.
2. Device having undergone improper testing, operation, demonstration, maintenance, installation, adjustment or any alteration or modification of any kind
3. Software, interfaces, connectors, storage media, parts, or equipment that are not provided or approved by Pomo 4. Device that has been operated with incorrect or irregular supply voltage
5. Any use of the Device outside of its specifications
The following are expressly excluded from this warranty: Battery, USB charger, and LCD screen
The Device is equipped with a battery whose number of charging cycles is limited. Thus, the battery life will gradually decrease. Pomo does not guarantee any specific battery life, as it is contingent on variables that Pomo cannot control such as the frequency of charge/discharge cycles.
Pomo does not guarantee the improper use of the USB charger with non-compliant power sources rendering the charge time and efficiency to vary.
Pomo does not guarantee the LCD screen of the Device against accidental or non- accidental damages such as crack, scratch, moisture, etc.
Pomo reserves the right to reject any parcel with packaging defects. An improper packaging can be the cause of damages to the Device to which Pomo cannot be held responsible.
How can I get Warranty service?
In order to be eligible for service under this warranty, you must do the following:
If the Device purchased from the Site is found to be defective, please see the warranty terms above and ensure that the alleged defect is covered by the warranty. If it does and you wish to make a claim under the Limited Warranty (a “Warranty Claim”), please follow the instructions below:
1. To make a valid Warranty Claim, you must send an email to firstname.lastname@example.org with your name, email address used for the purchase, the order number, proof of payment, and product diagnostic showing that the Device is defective.
2. The customer must request for and fill out a Return Merchandise Authorization (RMA) form and ship with the faulty product, Pomo will email you the RMA number once we receive the package.
3. The customer shall bear the costs for the shipment to Pomo and must provide a tracking number to email@example.com once the parcel is shipped. The shipping fees will not be refunded in any case.
4. Upon receiving the Device, Pomo will examine the Device and determine whether the Warranty Claim is justified.
5. The customer will be responsible to backup any data, software, or other materials you may have stored or preserved on the Device.
6. It is likely that such data, software, or other materials will be lost or reformatted during service, and Pomo will not be responsible for any such damage or loss.
7. Pomo will replace the Device with a new or refurbished Device at no charge to the customer. Replacement devices usually ship 4-6 weeks after the Warranty Claim is completed and approved.
8. Customers are solely responsible for any duties, import taxes and brokerage fees imputable to the repaired merchandise.
Additional terms and conditions:
- Returned Device must be in good physical condition (not physically broken or damaged).
- All accessories originally included with your purchase must be included with your return.
- Returned Device must be sent in either its original packaging or packaging providing an equal degree of protection.
- Customers are responsible for shipping charges and shall assume all risk of loss or damage to the Device while in transit to Pomo. We recommend that you use a tracking service for your protection.
- If you return your Device to Pomo (a) without an RMA or (b) without all parts included in the original package, Pomo retains the right to either refuse delivery of such return or charge you for the missing parts and/or accessories.
All copyright, trademarks and all other intellectual property rights in all material or content of this website, included, but not limited to, our logo, all website design, text, graphics, audio and video materials (collectively, the “Materials”), are property of POMO House or its suppliers and licensors. You cannot copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of this content without our prior written consent. The Materials are protected by Singapore laws and international copyright laws.
Moreover, you shall not use any metatags or any other “hidden text” utilizing “POMO House” or any other name, trademark or service name of POMO House without our prior written consent. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of POMO House and may not be copied, imitated or used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks, service names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Limited License and Restrictions
Upon your acceptance of these Terms, we grant you a limited, non-sublicensable, non-exclusive and revocable license to access and make use of the Site, the Mobile App, Service, the Product and the Materials. Except as otherwise expressly permitted by these Terms, you may not:
(i) collect, use, copy or distribute any portion of the Site, the Mobile App, Service, the Product and the Materials;
(ii) resell, publicly perform or publicly display any portion of the Site, the Mobile App, Service, the Product and the Materials;
(iii) modify or otherwise make any derivative uses of any portion of the Site, the Mobile App, Service, the Product and the Materials; (iv) use any “deep link,” “page-scrape,” “robot,” “spider” or other automatic Product, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; (v) use the Site in a manner which results in the depletion of Web site infrastructural resources;
(iv) download (other than page caching) any portion of the Site, the Mobile App, the Materials or any information contained therein; or
(v) (vii) use the Site, the Service, the Mobile App, the Products or the Materials other than for their intended purposes.
Disclaimer of Warranties
Our website, mobile app, Products and services and all information, content, materials, included on or otherwise made available to you through the service are provided on an “as is” and “as available” basis, unless otherwise specified in writing. POMO House does not warrant that the site, the Products or any services, will be uninterrupted or error-free, that defects will be corrected or free of viruses or other harmful components.
POMO House makes no representations or warranties with respect to the availability, reliability or security of the service or the Product. Unless otherwise expressly set forth in writing, we disclaim any and all other warranties and representations with respect to the site, the mobile applications, the Products and any services including:
(i) any and all warranties of merchantability;
(ii) (ii) any and all warranties of fitness or suitability for any purpose (whether or not we knew, have reason to know, have been advised, or are otherwise aware of any such purpose); and
(iii) any and all warranties of no infringement of intellectual property or condition of title.
All items are non-refundable. In case, the items are sent in wrong color or design, you will be able to exchange the items within 7 days of your purchase date. In case, the items are unable to be used in countries apart from given, we will not responsible for this and items cannot be exchanged or returned. For returning the items to repair or exchange, the customer will be responsible for the cost of shipping to POMO House Co., Ltd. and POMO House Co., Ltd. will be responsible for the cost of returning to the customer.
Use The Pomo Service At Your Own Risk
Our goal is to provide helpful and accurate information on the Pomo Service, but we make no endorsement, representation or warranty of any kind about any Pomo Content, information, services or recommendations. The accuracy of the data collected and presented through the Pomo Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. If you rely on any Pomo Content or the Pomo Service, you do so solely at your own risk.
Third parties’ websites
This site may contain links to other sites. POMO House shall not be held responsible for any content material contained in those sites. Any link to another site, and reference to third-party information, Products or services linked to this site, is not, and should not be interpreted nor construed as, an express or implied endorsement by us. When you leave the Site, you should be aware that our terms and policies are no longer applicable. It is your responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site.
Limitation of liability
To the maximum extent permitted by law, our liability shall be limited to the amount of fees paid by you for a particular Product. We will not be liable for: loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of contract, loss of use, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges arising out of or in connection with the Site, the mobile application and the Products.
Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these Terms will exclude or limit our liability in respect of any: death or personal injury caused by the negligence of POMO House, fraud or fraudulent misrepresentation us, or any matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability or expenses.
We shall not be in breach of these Terms and Conditions nor shall we be liable for any failure or delay in performance of any obligations under these Terms and Conditions arising from or attributable to acts, events, omissions or accidents beyond our reasonable control.
You agree to defend and indemnify us, our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents, attorneys, advertisers and employees from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of the Site, the Mobile applications, the Products; your conduct; and/or any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties).
Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms and to block or prevent your access to and use of the Service for any or no reason.
Notwithstanding any terms to the contrary in these Terms, POMO House may choose to electronically deliver all communications with you, which may include:
(i) email to your email address indicated in your communications with POMO House or upon registration with the Service; or
(i) posting messages that are displayed to you when you log in to or access the Service. POMO House’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with POMO House, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.
The Parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Terms and Conditions through negotiations with the Legal Department. If the dispute cannot be settled amicably within fourteen days from the date on which either Party has served written notice on the other of the dispute then the provisions of the following clause shall apply.
Governing Law, Jurisdiction and severability
By accepting these Terms and Conditions you acknowledge that there may be additional costs which are not included in the purchase price of the Product. Such costs may include GPS tracking services, import duties, freights, taxes, costs, and customs clearance fees.
You may be charged additional fees for the use of GPS tracking services.
It is your duty to check with your local customs office, taxing and other relevant authorities to determine what additional duties, taxes, costs, fees or other charges are applicable to you, before purchasing the Product.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Pomo House and you regarding the Pomo Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Pomo House and you regarding the Pomo Service and Pomo Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Pomo House’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Pomo House may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Pomo under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Pomo Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Pomo House’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pomo House. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.