Terms and Conditions

Pogozo Terms and Conditions

These terms and conditions form part of the agreement you make with Pogozo and govern your use of all Pogozo Products. By using any Pogozo Product or acquiring a subscription to use any Pogozo Product you agree to these terms and conditions.

Definitions

In these terms and conditions, the following terms will have the meanings ascribed to them.

Affiliate means any entity that directly or indirectly controls, is controlled by, or is under common control with you, and that has been designated to receive Services under this agreement. ‘Control’ for purposes of this definition means the power to direct or cause the direction of a management and policies of the subject entity, whether through equity ownership, a credit arrangement, franchise agreement or other contractual agreement. ‘Affiliate’ also includes any of your business locations and any franchisees that have been designated to receive Services under this agreement.

Agreement means this agreement and any license or subscription issued by Pogozo.

API means Pogozo’s application programming interface.

Apps means any mobile applications through which Pogozo makes any of the Pogozo Products available or which accesses or uses any of the Pogozo Products.

Branding means your name, design, symbol, colour or colour combinations, marks, image, logo, fonts, get up or any other feature that identifies or makes you distinctive.

Commencement date means the date on which you acquire software from the website.

Confidential information means information, whether marked as confidential or not, received or developed by either party, which is not publicly available and relates in any way to each parties’ respective business or financial information. This includes but is not limited to: –

Any software used by Pogozo in the provision of the Services and its respective source code;
Pogozo’s business or technical information, including but not limited to information related to software plans, designs, costs, prices and names, business opportunities, personnel, research, development or knowledge that is designated by Pogozo as ‘confidential’ or ‘proprietary’; and
Any special pricing or other non-standard terms agreed to by the parties in an order form or other separate written document.

Cost means the price for the software per month as listed on the website.

End User means an entity that schedules or purchases products or services from you through the Services, that you market to, communicate with or target through the Services, or that otherwise interacts with you through the Services, or that you authorise to use the Services in connection with your business.

End User Data mean all data information or other material about an end user that you, an affiliate or any end user provides or submits to the Services. End User Data may include card holder data and such portions of your data that relates to specific end users.

Intellectual property rights include but is not limited to patents, copyright, rights in circuit layouts, registered designs, trademarks, Object Code and Source Code of the Software and Processes.

Jurisdiction means Queensland, Australia.

License means the non-exclusive and non-transferrable licence for the term agreed given to you by Pogozo to use the Software and use the Materials relevant to the Software.

Materials mean any of our instructions, manuals, training materials, guides, commentary, listing and other materials for use in conjunction with the Software.

Merchant Terms and Conditions means the terms and conditions applying to the Payment Method chosen and utilised by you to process payments for the Software.

Notified Email Address means the email address you nominated when you subscribed to use the Software from us.

Object Code refers to the encoded program scripts that a computer can execute after the Software is compiled from its Source Code.

Payment Method means a current and valid method of payment accepted by us, which may include payment by credit card.

Personal Information means information about an individual whose identity is apparent, or can reasonably be ascertained from the information which is received or learnt by a party from any source at the consequence of or in performance of its rights and obligations under this agreement.

Pogozo Products means any website, program, software, app or system used by, owned by, sold or licensed by Pogozo.

Pogozo, we, us, our means Pogozo Australia Pty Ltd

Privacy Policy means the Pogozo Privacy Policy accessible at Pogozo.com. This may be updated by Pogozo from time to time.

Processes includes technologies, products, devices or processes.

Services means the Software Services provided by Pogozo.

Software Services means those products and services listed and described on the website from time to time.

Source Code means the high-level programming language used to create the software programs forming the Software before the program is compiled into coded program scripts (Object Code) that the computer can execute.

Third Party Offerings means any third-party products, applications, websites, implementations or services that the Services link to or that interoperate with or are used in conjunction with the Services.

Update refers to a software release to any of the Software to enhance the Software and improve any features of the Software.

Upgrade refers to a software release to any of the Software to enhance the Software and improve any features and provide additional features that are made commercially available by Pogozo and includes any corrections and updates to the associated materials.

Website means the Pogozo website at Pogozo.com and may be updated by Pogozo from time to time and any other website through which Pogozo makes the Software Service available.

Your data means any date, information or material provided or submitted or made available by you and your affiliates to the Services. Your data may include end user data and cardholder data and or their representative’s data but does not include any data that does not reveal any personally identifying information about you or any end users or is reasonably linkable to any end user or household.

General Terms

Pogozo agrees to grant to you a license to use the Pogozo Products and Software.
This agreement applies to any use of the Pogozo Products whether that be pursuant to a subscription or a free trial.
By accessing or using the Pogozo Products, you agree to be bound by these terms and conditions of use and all the applicable laws and regulations and you agree that you are responsible for compliance with any applicable local laws.
If you do not agree with any of these terms, you are prohibited from using or accessing any of the Pogozo Products.
Our Privacy Policy explains how we collect and use information that is acquired by Pogozo. By using the Pogozo Products you agree that you have read the Privacy Policy and agree to its terms.
You agree that Pogozo may revise the terms of this agreement at any time without notice. By using the Pogozo Products you are agreeing to be bound by the version of these terms and conditions of use that is current at the time that you use the Pogozo Products.

License Grant to You

Subject to the terms and conditions of this agreement, Pogozo hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revokable license and right to use the Pogozo Products set forth in your agreement with Pogozo during the subscription term and solely for your internal business purposes. You will not modify, copy or create any derivative works based on the Pogozo Products. You will not license, sub-license, sell, re-sell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make the Pogozo Products available to any third party, other than to your affiliates and any users as permitted herein. You shall not reverse engineer or decompile any portion of the Pogozo Products, included but not limited to, any software utilised by Pogozo in the provision of the Pogozo Services. You shall not access or use (or allow any third party to access or use) the Pogozo Products for competitive analysis or to build any competing products or services. You shall not copy any features, functions, integrations, interfaces or graphics of Pogozo Products. You shall not otherwise use or exploit the Pogozo Products in any manner not expressly permitted by this agreement.
You hereby grant to Pogozo and its affiliates a worldwide, perpetual, irrevocable, transferrable, sublicensable, royalty free license to: –

Modify, copy, distribute and incorporate into the Pogozo Products (without attribution of any kind) any suggestions, enhancement requests, recommendations, proposals, corrections or other feedback or information provided by you, your affiliates or your end users relating to the Pogozo Products or Pogozo’s business; and
To use your business name (s), trademarks, service marks, logos or any publicly available images (collectively ‘your marks’) in connection with: –
- Proving the Pogozo Products,
- For marketing and promotional purposes in connection with Pogozo’s business and
- For marketing services.

3. Pogozo agrees that any use by Pogozo of any of your marks will inure solely to the benefit and goodwill of your business. Other than those rights specifically granted to Pogozo or its affiliates herein or right, title and interest in and to your marks are especially reserved by you.

Duration

This agreement commences on the commencement date.
Subject to the terms of this agreement, the license for the Software will continue for the initial term.
This agreement, and the license for the Software will automatically renew and continue for a further term once the initial term expires.
Every now and then, we may provide you with copies of any amendments to the materials.
You must not copy the materials except when necessary to enable property use of the Software in accordance with the license.

Communications

On the commencement date, we will deliver to your notified email address instructions on how to access and use the software.
You must be a registered user to access and or use the Pogozo Products.
You must provide accurate, up to date and complete information when you register.
Where Pogozo needs to deliver the Pogozo Products to you via the internet, you understand and accept any risk associated with the connection over the internet.
You must conduct all of your own acceptance testing procedures necessary for the software.
You are solely responsible for keeping your password secure.
You will be solely responsible and liable for any activity that occurs under your username.
You must use all reasonable endeavours to prevent any unauthorised access to, or use of, the Service and you must notify Pogozo immediately in the event of any unauthorised use or access.
The Pogozo Products will, at all times, be hosted by Pogozo or an affiliate of ours or on a server or servers connected to the internet.
Pogozo will make the Pogozo Products to which you have subscribed available to you subject to the terms and conditions of this agreement.
Pogozo reserves the right to suspend any Services in connection with a Force Majeure event or if we believe any malicious software is being used in connection with your account or during any planned downtime that may be reasonably necessary. In addition, Pogozo reserves the right to change, suspend or discontinue any features, components or functions of the Pogozo Products at any time. If Pogozo makes any material changes to the Pogozo Products, Pogozo will use its best endeavours to notify you within the Pogozo Products or by sending you an email. Notwithstanding the above, Pogozo will have no obligation to update or enhance any of the Pogozo Products or to produce or release any new version of the Pogozo Products.
Although the Pogozo Products may allow you to access or use third-party offerings, they are not Pogozo Products under this agreement and are not subject to any of the warranties, service commitments or other obligations with respect to the Pogozo Products. The availability or unavailability of any third-party offerings through the Pogozo Products does not imply Pogozo’s endorsement of, or affiliation with that provider. Pogozo does not control any third-party offerings and will have no liability to you or your affiliates in connection with any third-party offerings. Pogozo has no obligation to monitor or maintain third-party offerings and may disable or restrict access to any third-party offerings at any time. By using or enabling any third-party offering, you are expressly permitting Pogozo to disclose your data or any other information to the extent necessary to utilise the third-party offering. Your use of third-party offerings is at your own risk and is subject to any additional terms, conditions and policies applicable to such third-party offerings such as terms of Service or Privacy Policies of the providers of such third-party offerings.
Pogozo may in its sole discretion offer free, trial or beta Services from time to time at no charge. Notwithstanding anything to the contrary herein, any free, trial or beta services provided by Pogozo is provided ‘as is’ with no warranties of any kind and Pogozo may discontinue any free, trial or beta Services, or your ability to such Services at any time, with or without notice and without any further obligations to use. Without limiting the generality of the foregoing, Pogozo will have no liability for any harm or damage suffered by you or any third party in connection with any free, trial or beta Services.
Pogozo offers the ability to process payments through the services of third parties. Payment processing services are provided by our third-party payment processing partners as Third-Party Offerings and any procurement by you or your affiliates will be subject to a separate merchant agreement which will be solely between you and the third-party processor. If you use payment processing services, you agree that you and your affiliates will comply with the terms and conditions of any applicable merchant agreements and all applicable card network rules, policies, laws and regulations, at all times while using such payment processing services.
At Pogozo’s sole discretion, you may be offered payment processing services provided by Stripe. Pogozo payments are subject to the Stripe Connect Account Agreement, which includes the Stripe terms of service (collectively, the ‘Stripe Services Agreement’) and subject to certain fees and surcharges communicated to you during the enrolment process, and as may be updated by Pogozo from time to time. By enrolling in Pogozo payments, you agree to be bound by the Stripe Services Agreement as the same may be modified by Stripe from time to time. As a condition of Pogozo enabling payment processing services through Stripe, you agree to provide Pogozo accurate and complete information about you and your business, and you authorise Pogozo to share it and transaction information related to your use of the payment processing services provided by Stripe pursuant to our Privacy Policy.
To the extent permitted by law, we may collect any obligations you owe us under this Agreement by deducting the corresponding amounts from funds payable to you arising from the settlement of card transactions through Pogozo payments. Fees will be assessed at the time a transaction is processed and will be first deducted from the funds received for your transactions. If the settlement amounts are not sufficient to meet your obligations to Pogozo, we may charge your debit bank account or credit card registered in your account for any amount owed to Pogozo. Your failure to fully pay amounts that you owe Pogozo on demand will be a breach of this Agreement. You will be liable for Pogozo’s costs associated with collection in addition to the amount owed, including, without limitation, legal fees and expenses to be paid on a full indemnity solicitor and own client basis, costs of any arbitrational Court proceedings, collection agency fees and any applicable interest. Additionally, Pogozo may require a personal guarantee from a principal of a business for funds owed under this agreement. If Pogozo requires a personal guarantee, Pogozo will specifically inform you of that requirement. In addition to the amount due, delinquent accounts may be charged with fees that are incidental to the collection of delinquent accounts and charged back, including, but not limited to, collection fees and convenience fees and other third-party charges. You hereby expressly and explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by telephone, as provided to Pogozo by you. Such communication may be made by Pogozo or anyone on its behalf including, but not limited to, a third-party collection agent.
Pogozo may offer special pricing, credits, and/or discounts to you or your affiliates for the Pogozo Products upon timely procurement and continued material usage of the payment processing services and/or Pogozo payments. In the event that you or your affiliates stop utilising the payment process Services and/or Pogozo payments, Pogozo may, in its sole discretion, revoke the special pricing, credits and/or discounts being applied to the Pogozo Products.
As part of the Pogozo Products, Pogozo will automatically update your End User’s outdated credit card information for participating payment cards. You hereby grant Pogozo permission to update your End User’s outdated payment card information using the credit card updater service and agree to pay the associated fees. Updates may include, without limitation, new account numbers and expiration dates. You may choose to opt out of the credit card updater service at any time.

Your responsibilities

You acknowledge that Pogozo grants you an unlimited, non-exclusive, non-transferrable revokable License to use the Pogozo Products during the subscription term. This is the grant of a License, not a transfer of title and under this License, you may not modify or copy the materials or attempt to discover or reverse-engineer any of the software related to the Pogozo Products nor shall you transfer any of the material to any other persons or any other service.
You acknowledge that this License shall automatically terminate if you violate any of these restrictions and may be terminated by Pogozo at any time. Upon terminating your viewing of these materials or upon the termination of this License, you must destroy any downloaded materials in your possession, whether in electronic or printed form.
You must, and you must ensure users, when using the Pogozo Products only use or attempt to use the Pogozo Products ‘as is’. You will not attempt to access or control the server on which the Pogozo Products is hosted, except through the client interface or as the Pogozo Products otherwise provide. You must comply with the current editions of all the Pogozo Products provided by Pogozo. You must comply with any operational guidelines or emergency directions issued by Pogozo and promptly report any errors, defects or malfunctions experienced or observed in the Pogozo Products to Pogozo. You must not do anything to damage the Pogozo Products’ software or the server on which the Pogozo Products and software are hosted. You must not purport to grant any interest in, sub-license of or derivative right to use the Pogozo Products or software except as permitted by this Agreement and you must not do anything that is detrimental to Pogozo. You must comply with all laws.
You acknowledge and agree that the Pogozo Products and software is provided ‘as is’ as it appears on the server hosted by Pogozo and that as the Pogozo Products and software is provided over the Internet, there may be risk of security and virus threats. You acknowledge and agree that any data transmitted to and from your computer systems to the server on which the Pogozo Products and software is hosted may not been secure given the inherent risks with the Internet and you must ensure for each user, that their device is regularly updated with anti-virus software. You acknowledge and agree that every now and then, Pogozo may be required to access the Pogozo Products and software database associated with the Pogozo Products and software to ensure ongoing maintenance and continued Service.
You acknowledge and agree that you cannot resell or sub-license the software and that Pogozo may, but is not obliged to, provide service levels or uptime for the software and that scheduled maintenance emergencies or unscheduled outages may occur every now and then, which may leave the software unavailable or with limited functionality.
You acknowledge and agree that access to and use of the software may be impaired or prevented by a variety of factors that are beyond Pogozo’s control. For instance, defects in computer systems and problems with Internet connectivity between you and the server hosting the Pogozo Products, and Pogozo is not responsible for any such things or their effects. You further acknowledge and agree that every now and then, Pogozo may, but is not obliged to, back up data that is entered into the Pogozo Products by you and as part of undertaking a whole system backup of the software.
You acknowledge and agree that you must regularly back up your data to a location other than the software. You release Pogozo from any liability in respect of your data and any loss caused, or loss that may have been prevented or minimised had you backed up your data immediately prior to the loss, if you do not back up your data.
You must not, and you must ensure that others will not, use the Pogozo Products in any way that breaches any applicable laws or regulations and you will not, and you must ensure that others will not, use or launch any automated system that sends more requests messages to our Service in any given period of time than a human can reasonably produce in the same period by using a conventional browser. You will not, and you must ensure other users do not, use the Pogozo Products in any manner that may damage, disable, overburden or impair any of the Pogozo websites or interferes with any other party’s use of the Pogozo Products.
You will not, and you must ensure that others will not, attempt to gain unauthorised access to the Pogozo software or that you will access the Pogozo Products other than through the Pogozo interface or use the Pogozo Products or any software or any other purpose or in any other manner that is unlawful or prohibited by this Agreement.
You acknowledge that the Pogozo Products, including any software that forms part of the products is made available to you only for your personal use or internal business purposes, and such use must comply with all applicable laws, rules and regulations including, without limitation, privacy laws and must not infringe or violate third party rights.
You agree to indemnity, defend, and hold harmless Pogozo Australia Pty Ltd, its directors, officers, agents and suppliers from any and all loss, costs, liability, and expense arising from or related to your data howsoever arising included but not limited to any use by you or your employees, contractors or agents of the Pogozo Products and software in violation of these terms and conditions.
The particular subscription that you require from Pogozo may limit the number of users who may use the Pogozo Products. You must not allow any additional users to use the Pogozo Products. Pogozo has the right to audit your use of the Pogozo Products, at its own cost, to determine whether your use is in accordance with these terms and conditions and any other terms that may apply to the Pogozo Products. If an audit reveals that you have exceeded the scope of use permitted, Pogozo may require you to immediately pay, and you agree to pay an additional service fee for such use.
You acknowledge that you are responsible for all activity occurring under or relating to your account, including, but not limited to, your staff, employees, servants, advisors, independent contractors and End Users. You will ensure that your affiliates and End Users comply with relevant provisions of this agreement including any supplemental terms and acceptable use policies provided or made available by Pogozo and any applicable local, state, national and foreign laws, including those related to data privacy and transmission of personal data, at all times while using the Pogozo Products. Any reference in this Agreement/terms and conditions to your ‘access’ or ‘use’ of Pogozo Products (or similar phrase) is deemed to include access or use, as appropriate, by affiliates and/or End Users, and any act or omission of an affiliate or End User that does not comply with this Agreement will be deemed a breach of this Agreement by you. You are also responsible for ensuring that you have the appropriate rights to interact and/or contact End Users through the Pogozo Products as applicable, in accordance with applicable laws and regulations.
You will have sole responsibility for the accuracy and quality of your data and for ensuring that your collection and use of your data complies with applicable laws, including those relating to data privacy and transmission of personal data. You will prevent unauthorised access to, or use of, the Pogozo Products and you will notify Pogozo promptly of any unauthorised access or use and you will have sole responsibility for obtaining, maintaining, and paying for any hardware, telecommunications, Internet, and other services needed to use the Pogozo Products.
You and your affiliates and End Users will not submit any infringing, obscene, defamatory, threatening, or otherwise unlawful or tortious material to the Pogozo Products, including material that violates privacy rights. You will not interfere with or disrupt the integrity or performance of the Services, or the data contained therein, and you will not attempt to gain access to the Services or related systems or networks in a manner not permitted by this Agreement. You will not post, transmit, or otherwise make available through, or in connection with, the Pogozo Products any virus, worm, trojan horse, easter egg, time bomb, spyware, or other harmful computer code, files, scripts, agents or programs.
You and your affiliates and End Users will not:-
- restrict or inhibit any other person or entity from using the Pogozo Products,
- remove any copyright, trademark, or other proprietary rights from the Pogozo Products or any portion of the Pogozo Products or otherwise incorporate any portion of the Pogozo Products into any product or service.
You and your affiliates and End Users will not systematically download and store the Pogozo Products’ content or use the Services to send unsolicited electronic messages (a.k.a. spamming) or using any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, ‘scrape’, ‘data mine’, or otherwise gather Services’ content or reproduce or circumvent the navigational structure or presentation of the Pogozo Products.
Notwithstanding anything referred to above, and subject to compliance with any instructions posted, Pogozo grants to the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such material, but not caches or archives of such material. Pogozo reserves the right to revoke these permissions at any time and without notice.
You are solely responsible for any liability resulting from your or any affiliates handling of any card holder data and you agree that you and your affiliates will comply with PCI DSS at any time the Pogozo Services are used to process credit cards.
You are responsible for ensuring that you have obtained the requisite level of consent necessary from End Users when utilising the Pogozo Products including, but not limited to, the automated marketing products.

Fees and Payments

Subscription fees. In consideration of you using the Pogozo Products, you agree to pay to Pogozo the subscription fees listed on the Pogozo website.
Change in subscription fees. Unless otherwise specified in a written agreement with Pogozo, the subscription fees during the period of use by you of the Pogozo Products will be updated to the pricing set forth on the Pogozo website when each renewal period begins. Pogozo may increase any fees specified for a subscription of its Services provided that the increase will not become effective until the subsequent renewal term. Prices are subject to change for the Pogozo Services. Pogozo may convert any free, trial or beta Service into a Service subject to a subscription fee upon notice to you, and your rights to such Service will be suspended if you do not pay the subscription fee.
Payment terms. You agree to pay the subscription fees and any other applicable fees stated on the Pogozo website or otherwise specified in this agreement. You are responsible for all subscription fees for the entire subscription term. All payment obligations under this agreement are non-cancellable and all fees paid are non-refundable. Unless otherwise stated in a written agreement with Pogozo, fees must be paid in advance of each billing period. You will provide Pogozo with valid and updated credit card information or other form of payment acceptable to Pogozo. If you provide credit card information, you represent that you are authorised to use the credit card and you authorise Pogozo to charge the credit card for all payments here under. By submitting payment information, you authorise Pogozo to provide that information to third parties for the purposes of facilitating payments. You agree to verify any information requested by Pogozo for the purposes of acknowledging or completing any payment.
Overdue charges – any amounts not received by the applicable date due may accrue late interest at the lesser rate of either (a) 2% of the outstanding balance per month, or (b) the maximum interest permitted by applicable law, whichever is less, plus costs of collections, which will be payable by you on an indemnity basis including but not limited to full indemnity assessed on a solicitor and own client costsbasis. Any amount not received by Pogozo within 30 days after the applicable due date will be deemed a material default under this agreement and Pogozo will be entitled to either suspend the Services or terminate the agreement.
Payment errors – If you believe a payment has been processed in error, you must provide written notice to Pogozo within 30 days after the date of payment specifying the nature of the error and the amount in dispute. If the notice is not received within the 30-day period, the payment will be deemed final and unrecoverable by you.
Taxes. Subscription fees do not include any taxes, levies, duties or similar governmental assessment of any nature, including, for example, value added, sales, use or withholding taxes, assessable by any jurisdiction (collectively referred to as quote ‘taxes’). You are responsible for paying all taxes associated with purchases and transactions under this agreement. If Pogozo was legally required to pay or collect any taxes on your behalf, Pogozo will invoice you and you will pay the inquest amounts. You acknowledge and agree that Pogozo may make certain reports to tax authorities regarding transactions that Pogozo process and merchants to which Pogozo provide payment processing services. By way of clarity, Pogozo will be solely responsible for taxes assessed on Pogozo based on its income.
Pogozo is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, rejected payments, etc) resulting from charges billed by Pogozo.
You agree to reimburse Pogozo for any penalties, fees or charges incurred as a result of a rejected charge or payment.
Downgrading or cancelling your account may cause the loss of access, content, or features of the Pogozo Products. Pogozo does not accept any liability for such loss.

Data Migration

1. For new customers transitioning from a pre-existing system, Pogozo may, at its sole discretion, offer one (1) complimentary data transfer service. This complimentary service is limited to a one-time transfer of data deemed reasonable by Pogozo. Any additional data transfer requests, or transfers deemed by Pogozo to be outside the scope of the initial complimentary service, will be subject to a separate fee. This fee will be quoted to the customer in advance, and payment will be required prior to the commencement of any such additional data transfer services. Pogozo reserves the right to determine the scope and limitations of the complimentary data transfer service.

Intellectual Property Rights

Pogozo or its affiliates own all right, title and interest in and to the Pogozo Products including without limitation, and or Intellectual Property Rights therein. Subject to the limited rights expressed and granted to you under this agreement, Pogozo and its affiliates reserve all rights, title and interest in and to the Pogozo Products and any data collected therein including, without limitation, or related to Intellectual Property Rights. As between you and Pogozo, all Pogozo Products are owned by Pogozo. You agree not to display or use any Pogozo Products in any matter without Pogozo’s expressed prior written permission. Any trademarks, service marks and logos associated with a third party may be the property of a third party and you should consult with them and comply with their trademark guidelines before using any of their marks.
You acknowledge that you will not remove any copyright notices in the Pogozo Products. You must immediately inform Pogozo of any breach of the Pogozo Products or security you become aware of and must provide details of the breach to Pogozo to recreate and or remedy the breach.
If you learn of any infringement or threatened infringement of the Intellectual Property Rights license under this agreement, you must let Pogozo know in writing as soon as practically possible.
You consent to Pogozo transferring your data to third party IT providers, including our website host and backup service provider, outside of Australia.

Data Ownership and Use

As between you and Pogozo, you own all the right, title and interest in your data. You hereby grant to Pogozo a non-exclusive, worldwide, assignable, sublicensable, full paid up and royalty free license and right to copy, distribute, display and perform, publish, prepare, derivative works of and otherwise use your data to the purposes of providing, improving and developing Pogozo Products or its affiliates products and services and or complementary products and services of our partners. You represent and warrant to Pogozo that you have all rights necessary to grant the licenses in this section and that your provision and use of your data through and in connection with Pogozo Products does not violate any applicable laws or rights of any third parties.
Notwithstanding the paragraph above, all rights, title and interest in any data or information collected by Pogozo independently and without access to, reference to or use of any of your data, including, without limitation, any data or information Pogozo obtains about end users through the Pogozo Products including the Pogozo app (whether the same as your data or otherwise), will be solely owned by Pogozo.
You agree that nothing in this agreement will prohibit Pogozo or its affiliates from utilising the data Pogozo obtained for any purpose, provided such data does not reveal any personally identifying information about you or any end users or is reasonably linkable to any end user or household.
Pogozo’s Privacy Policy governs how Pogozo collects and uses personal information that is submitted through the Pogozo Products. By accessing or using the Pogozo Products, you agree that you have read and accept the terms of Pogozo’s Privacy Policy. Without limitation, you acknowledge and agree that Pogozo may process your data for the purposes of providing the Pogozo Products and the related functions, such as billing and customer or end user support, as well as send direct marketing communication to your representatives or end users, data science and product or service improvement and reporting. You represent and warrant that you are authorised to process your data and make such data available to Pogozo for users as set out in the agreement and Privacy Policy, including through appropriate notice, consent and by your referring individuals, such as end users to our Privacy Policy (notwithstanding Pogozo’s ability and right to which you agree, to request, consent and provide notice and its Privacy Policy separately to individuals).
If you believe that there has been a disclosure of your data in a manner that is not authorised under this agreement, you will promptly notify Pogozo. Additionally, each party to this agreement will reasonably assist the other party in remediating or mitigating any potential damage, including any notification which should be sent to individuals impacted or potentially impacted by such unauthorised disclosures.
You are solely responsible for resolving disputes regarding ownership or access to your data, including those involving any current or former owners, co-owners, employees, affiliates (former or current) or, contractors of your business. You acknowledge and agree that Pogozo has no obligation whatsoever to resolve or intervene in such disputes.
You acknowledge that it is your responsibility to retrieve all necessary data prior to the final date of your subscription term. If at any time during the subscription term you require assistance from Pogozo in retrieving your data, additional fees may apply. Upon termination or expiration of the subscription term, Pogozo is no longer responsible for retaining or making your data available to you.

Confidential Information

The party to this agreement will not disclose or use any confidential information of the other party except: –
- As reasonably necessary to perform its obligations or exercise any right granted pursuant to this agreement.
- With the other party’s prior written permission or
To the extent required by law or order of a court or other governmental authority or regulations.
Each party agrees to protect the other party’s confidential information in the same manner that it protects its own confidential information of a like kind, but in no event using less than a commercially reasonable standard of care. Confidential information will not include information that: –
- Is or becomes generally known to the public without breach of any obligations owed to the disclosing party;
- Was known to a party prior to its disclosure to the other party without breach of any obligations owed to the other party.
- Was independently developed by a party without breach of any obligation owed to the other party or;
- Was or is received from a third party without breach of any obligation owed to the other party.
For clarity, nothing in this section will restrict Pogozo with respect to Pogozo’s data or aggregated data.
To avoid any confusion, as a consequence of Stripes Terms and Conditions, if you choose to connect with Stripe, Pogozo will be able to see your account data (such as all payment and payout history), including any data created by other businesses you’ve connected and we’ll also be able to create new payments and take other actions for you.

Term, Termination and Suspension

Unless otherwise specified in a written agreement, the initial term of this agreement is 30 days (‘initial term’). The initial term begins on the effective date and unless otherwise specified in the agreement, automatically renews in successive consecutive 30-day periods (each ‘renewal term’ and collectively with the initial term, the ‘subscription term’) until this agreement is properly terminated. Either party may terminate this agreement for any reason or no reason, by giving the other party at least 30 days’ notice before the end of the relevant subscription term. If you elect to terminate this agreement early, you will remain responsible for payment of all fees owed for the entire subscription term and will continue to be charged each month for the remainder of the subscription term.
Pogozo may terminate this agreement and or any subscription, effective immediately upon notice to you, if you or an affiliate are in material breach of this agreement. In the event of a termination pursuant to this section, in addition to other amounts you may owe Pogozo, you must immediately pay any unpaid subscription fees associated with the remainder of the subscription term. In no event will any termination relieve you of your obligation to pay any fees payable to Pogozo for the period prior to the effective date of termination.
Upon termination or expiration of this agreement: –
- All agreements will automatically terminate and be of no further future force or effect.
- You will have no rights to continue to use the Pogozo Products and you will cease accessing and or using the Pogozo Products and;
- Except as specified in the following paragraph, Pogozo will have no obligation to maintain your services account or to retain or forward any data to you or any third party, except as required by applicable law.
Pogozo may suspend or terminate your access to and use of the Pogozo Products (or any portion thereof) at any time without notice if Pogozo believes that any activity or use of Services in connection with your account violates this agreement, the Intellectual Property Rights of a third party or applicable laws or as otherwise described as harmful to Pogozo or any third party. Pogozo may suspend or terminate your access if Pogozo is required to do so by law or where the parties do not agree on the use of a sub processor.
Free trial accounts will be deleted immediately after the trial period has expired and no data stored in respect of that account will be saved, retained or otherwise stored.
If this agreement is terminated, Pogozo may, but has no obligation to, continue to store data associated with your account however Pogozo may in its absolute unfettered discretion delete such data at any time after termination without incurring any liability for or to you in respect of the deletion of such information.

Warranties and Disclaimer

You agree to provide Pogozo with complete and accurate account information, including your legal company name, street address, email address, bank account and such other information as may be requested by Pogozo. You are responsible for the accuracy and timely updating of such information and you agree to promptly notify Pogozo in writing if any of the information changes. You agree that Pogozo has no responsibility or liability whatsoever for any loss or damage caused either directly or indirectly by inaccurate information provided by you.
Pogozo warrants to you that during the subscription term: –
- The subscribed Software will perform materially in accordance with the functionality described in the documentation applicable to the Pogozo products and;
- Such functionality will not materially decrease.
- The parties agree that your sole and exclusive remedy for a breach of this warranty will be that Pogozo will use commercial and reasonable efforts to modify the applicable Services to achieve the functionality described above. If Pogozo is unable to restore such functionality, you may terminate the agreement by providing written notice to Pogozo, and you will be entitled to receive a pro rata refund of any prepaid fees.
Pogozo will have no obligation with respect to a warranty claim under this section unless notified by you in writing no later than 30 days after the first incident of any material or functionality problems. This warranty will only apply if the applicable subscribed services have been utilised in accordance with this agreement and applicable laws. For clarity, this warranty will not apply to any free, trial or beta Services.
DISCLAIMER – EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POGOZO MAKES NO REPRESENTATION TO WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES AND OR RELATED DOCUMENTATION. POGOZO DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, TIMELY, ERROR FREE OR UNINTERRUPTED, OR THAT THE SERVICES ARE OR WILL REMAIN UPDATED, COMPLETE OR CORRECT OR THAT THE SERVICES WILL BE MEET YOUR REQUIREMENTS OR THAT THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE (INCLUDING WITHOUT LIMITATION, THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT WILL BE UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS). EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICES AND ANY PRODUCTS AND THIRD-PARTY MATERIALS ARE PROVIDED ON AN ‘AS IS’ BASIS AND SOLELY FOR YOUR USE IN ACCORDANCE WITH THIS AGREEMENT. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH POGOZO AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICES, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS.
Pogozo does not warrant or make any representations concerning the accuracy, likely results or reliability of the use of the Pogozo products or otherwise related to such material or an emphasised linked to the Pogozo products.
In no event shall Pogozo or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to its business interruption) arising out of the use or inability to use the materials on the Pogozo website or any Pogozo product.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability, for consequential or incidental damages, some of these limitations may not apply to you.
Save for those express warranties provided in this agreement, to the maximum extent permitted by law, Pogozo does not give any express warranty of any kind in relation to the Pogozo products and or the services provided under this agreement.
Pogozo does not warrant that the Pogozo products will be free of bugs, errors or viruses.

Limitations and Exclusions of Liability

Use of the Services or any Pogozo product is at your sole risk. You will be solely responsible for any damage to you resulting from your use of the Pogozo products. In no event whatsoever shall Pogozo be liable for any loss or damage howsoever arising, including but not limited to indirect, special, incidental, consequential or punitive damages, loss of use, loss of profit, revenue, interest, or business or loss or corruption of data, whether in an action in contract, tort (including but not limited to negligence), equity or statutory obligation ( to the extent permissible at law), or otherwise, in connection with the Services or the use of any Pogozo product.
Pogozo expressly disclaims any and all liability and will not be responsible for any damages or loss caused, or alleged to be caused, by the transmission of cardholder data prior to its inscription and receipt by the servers owned or controlled by Pogozo.
The excluded damages will include, without limitation, damages arising from fraud, embezzlement, theft, identity theft or the invasion of privacy.
To the maximum benefit permitted by law, in no event will the Pogozo party’s aggregate liability, collectively, for all claims made out of or related to this agreement, whether in contract, tort or otherwise, exceed the subscription fees actually paid by you during the twelve-month period immediately preceding the date of the incident or $100.00, which ever is greater. All limitations of liability of any kind (including this section and elsewhere in this agreement) comply with respect to both Pogozo and the Pogozo Party.
In no event will any Pogozo Party have any liability for any indirect, special, incidental, consequential or punitive damages, how so ever caused, or for any lost profits, loss of use, data or opportunities, cost of data reconstruction, cost or procurement of such goods or services, whether in contract, tort or otherwise, arising out of, or in any way connected with the services of third-party offerings including but not limited to the use or inability to use the Pogozo Products, any interruption, inaccuracy, error or omission, even if Pogozo, its licensors or its subcontractors have been previously advised of the possibility of such loss or damages.
The foregoing exclusions or limitations may not apply to the extent prohibited by applicable law.

Australian Consumer Law

This section applies to Australian residents only.
All Pogozo Products come with guarantees that cannot be excluded under the Australian Consumer Law (prescribed in accordance with the Competition and Consumer Act 2010(Commonwealth)). If you are a consumer, as defined in the Australian Consumer Law, we acknowledge that the consumer guarantees in Division 1 of Part 3-2 of the Australian Consumer Law will apply to the supply of Services under this agreement.
Where you are a consumer, the liability, if any, of Pogozo for a breach of a consumer guarantee governed by this agreement is governed by clause 87 and 91 above and in particular, you release Pogozo from any claim you may make in relation to any act or omission done in respect of or dealing with the delivery of the Software Products.
100.Where you are a consumer, the liability of Pogozo for a breach of a consumer guarantee is limited to (at the election of Pogozo): –
- The resupplying of Services or;
- Paying the cost of having the Services supplied again.
Subject to any rights you may have under the non-excludable guarantees under the Australia Consumer Law, Pogozo may impose fees payable by you in relation to any Service not covered by the guarantees under the Australian Consumer Law.
You acknowledge that the use of any Pogozo Product is at your sole risk. You will be solely responsible for any damage to you resulting from your use of the Pogozo Products. The entire risk arising out of the use, security or performance of the Pogozo Products remains with you.
If there is any loss or damage to your data, your sole and exclusive remedy will be for Pogozo to use reasonable commercial endeavours to restore the loss or damaged data from the latest back up of such data maintained by Pogozo.
In no event shall Pogozo be liable for any indirect, special, incidental, consequential or punitive damages, loss of use, loss of profits, revenue, interest or business or loss or corruption of data, whether in an action in contract, tort, (including but not limited to negligence), equity or otherwise in connection with the use of any Pogozo Products.

Indemnification

You agree to indemnify, defend and hold harmless Pogozo and any of its affiliates from and against any and all third-party claims alleged or asserted against any of them, and all related charges, damages and expenses (including, but not limited to, reasonable attorneys, fees and costs to be assessed on a full solicitor and own client indemnity basis) arising from or in relation to any actual or alleged breach by you, an affiliate or end user of any of the provisions of this agreement or any access to or use of the Pogozo Products by you, an affiliate or end user and any actual or alleged violation by you, an affiliate or end user of the Intellectual Property, Privacy or other rights of a third-party and any dispute between you and another party regarding ownership of or access to your data.
You shall promptly advise us in writing of any actions, claims, proceedings which may be brought or claimed against you or Pogozo arising out of the use of the Pogozo Products by you or your agents or affiliates or end user.
Pogozo is not liable to you or any third-party under this agreement or under general law to the extent that any loss of damages caused or contributed to by: –
- Your negligence or the negligence of a third-party to you;
- Any breach by you of the terms and conditions of this agreements or any other applicable laws, regulations or rules in the jurisdiction;
- The use of the Pogozo Products in conjunction with any other software or;
- Any virus or similar occurrent which adversely affects Pogozo or the Pogozo Products which was caused by you or your accessed facilities.
You expressly state and warrant to Pogozo that you acquire the goods or services under this agreement, not for personal, domestic or household use of consumption. You acknowledge that Pogozo’s liability is limited for a failure to comply with any consumer guarantees under the Australian Consumer Law (other than where to do so would otherwise cause all or part of this clause to be void) to, at our option, in the case of goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced, and in the case of services, resupplying the services or paying the costs of having the services resupplied. Except for the above, all statutory warranties conferred in relation to the supply of goods or services to you under these terms are excluded.
Our total liability to you arising under this agreement, in a calendar year, will not exceed the amount of fees paid by you under this agreement in that calendar year.
You fully release Pogozo from any claim, costs, expense, liability or damaging incurred by you as a result of Pogozo suspending access of any user to the Pogozo Products in accordance with the terms and conditions of this agreement, or from you not undertaking a backup of the data you or your users input into the Pogozo Products.
Where the Pogozo Products incorporates or otherwise uses a payment method, you indemnify Pogozo against any ‘charge back’ made by the third-party merchant under its merchant terms of service and to make good the damage suffered by Pogozo as a result of any ‘charge back’ that is made.

Miscellaneous

Dispute resolution – if you have any dispute with Pogozo arising out or relating to this agreement, you agree to notify Pogozo in writing with a brief, written description of the dispute and your contact information, and Pogozo will have 30 days from the date of receipt within in which it would attempt to resolve the dispute to your reasonable satisfaction. If the parties are unable to resolve the dispute through negotiations over such 30-day period under this informal process, either party may pursue resolution of the dispute.
This agreement and its relevant parts for the Pogozo Products embodies all the terms binding between the parties and replaces all previous representations or proposals not embodied in them.
You will not assign all or any of your rights in this agreement without Pogozo’s written consent. Pogozo may in its absolute unfettered discretion, assign all or any of its rights in this agreement.
This agreement will be governed by in pursuant to and accordance with the applicable laws of Queensland, Australia. Each party agrees that any legal action arising out of this agreement must be brought exclusively in Queensland, Australia and each party submits to the exclusive jurisdiction of the Courts in Queensland, Australia.
This agreement may not be varied except in writing signed by the parties.
If any provision of this agreement is held by a Court to be unlawful or invalid, the validity and enforceability of the remaining provisions will not be affected.
Each party will execute such agreements, deeds and documents necessary to give effect to this agreement.
All stamp duties and governmental charges arising out of or incidental to this agreement shall be payable by you.
No waver of any provision of this agreement by Pogozo will be effective unless in writing and signed by Pogozo. No waiver by Pogozo of any breach or default hereunder will be deemed to be a waiver of any proceeding or subsequent breach of a fault.
Any notices provided by Pogozo under this agreement may be delivered to you within the services or to the email address (es) that Pogozo has on file for your account. You hereby consent to receive notice from Pogozo through the foregoing means, and such notices will be deemed effective when sent if on a business day, and if not sent on a business day, then on the next business day. Except as otherwise specified in the agreement, any notices to Pogozo under this agreement must be delivered via first-class registered post or overnight courier to Pogozo Australia Pty Ltd, Suite 3, Level 12, 239 George Street, Brisbane, Queensland, 4000, Australia.
Force majeure – neither party will be liable for any failure or delay in performance under this agreement (other than for delaying the payment of money due in payable hereunder) for causes beyond that party’s reasonable control and occurring without that party’s fault or negligence, including but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labour problems (other than those involving Pogozo’s or your employee’s respectively), computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facilities. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delays so caused.
Electronic Communications and Signatures – You agree to the use of electronic communication in order enter into agreements and place orders, and to the electronic delivery of notices, policies and record of transactions initiated or completed through the Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable laws.
This agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee agency or franchisor-franchisee relationship between you and Pogozo.
Pogozo will not be liable for any delay or failure to perform any of its obligations in respect of the service if such delay or failure is due to an event which is beyond its control.
Pogozo may modify the Pogozo Products, or any other Services at any time, for any reason and without notice. Pogozo may also modify these terms and conditions at any time, but if we do so, we will notify you of the modified terms and conditions and give you a reasonable period of time to notify us if you do not agree to the modified terms and conditions and cease using the service.

Promotions

Every now and then, Pogozo may offer promotions, including a free trial period. These terms and conditions apply to any promotions, including a free trial period and any beta testing or services.

Spam Act 2003 (Commonwealth)

The Pogozo Product, including the Pogozo Website is governed by the Spam Act 2003 (Commonwealth).
You will not use any of the Pogozo Products to send, deliver or cause spam to be delivered to any person.
You acknowledge that if you use any of the Pogozo Products or including and or your Pogozo account to send, deliver or cause spam to be delivered, you are in breach of the subscription terms and conditions and Pogozo may suspend or terminate your account and or subscription.
We assure you that: –
- Pogozo have crafted an internal policy to educate the Pogozo staff and implement clear guidelines and rules in relation to the dissemination of commercial electronic messages and;
- You are at liberty to unsubscribe from any mailing lists to which you have previously subscribed. If for any reason there appears to be no facility to be removed from the mailing list, you can send Pogozo an email at hello@pogozo.com advising that you wish to unsubscribe from the mailing list.
To assist Pogozo in combatting spam you agree: –

That if you receive an unauthorised advertisement or offensive message, which appears to originate from Pogozo, to assume it has been an error and to notify us immediately.
To ensure you unsubscribe from any of our mailing list if you decide you no longer wish to receive commercial messages from us or our contacted third-parties.
If you do subscribe to any of our mailing lists, to ensure that we have your current details at all time.

Claiming Service

Pogozo may offer an integrated Medicare and or Department of Veteran Affairs (DVA) online claiming system for use within Pogozo Products, that sends claims to Medicare and DVA within Australia for processing.
You acknowledge that Pogozo may use a credit-based system for sending claims and when a claim is marked ‘completed’, you are charged at the predetermined amount, which is displayed on the website. These credits work the same way as the SMS credits discussed herein. You acknowledge that the predetermined amount may change at anytime without notice.
You agree that Pogozo will not be held responsible for any repercussions for claims not sent or not received and any misuse of the claiming services offered.
Claims marked ‘completed’ do not guarantee that the claimed amount was paid to the recipient, and there is no method through which Pogozo can determine whether the claimed amount was paid to the recipient.

SMS Service

Pogozo may offer an integrated SMS Service for use as part of the Pogozo Products, which allows you and or your end users to send automated appointment reminders and SMS messages.
Pogozo uses a credit-based system for sending SMS messages and each message is charged at a predetermined monthly account. Pogozo may change this monthly account at anytime without notice to you.
SMS message charges are not included during a free trial period or a demonstration period but may be charged to you during or at the conclusion of your trial or demonstration.
.You agree that Pogozo will not be held responsible for any repercussions for SMS messages not sent or not received and for any misuse of the SMS Services offered, which may be interpreted as spam or unwanted electronic material.
SMS delivery is not guaranteed by any network operator and there is no method through which Pogozo can determine whether an SMS message has been delivered to the recipients’ handsets.
You acknowledge that all prices excluding any taxes (including consumption tax of any kind) or duties payable in respect of the Pogozo Products in jurisdictions where the payment is either made or received.

Company Information

Pogozo Australia Pty Ltd – Suite 12.03, Level 12, 239 George Street, Brisbane, Queensland, 4000, Australia.
Email address is hello@pogozo.com

Delivery

On the commencement date, we will deliver to your notified email address instructions on how to access and use the Pogozo Products or username and temporary password to access the Software.
Where we need to deliver the Software to you via the internet, you understand and accept any risk associated with a connection over the internet.
You must conduct all of your own acceptance testing procedures necessary for the Software.
The Software, will at all times, be hosted by Pogozo or an affiliate of Pogozo’s on a server or service connected to the internet.

Maintenance of Software

.Pogozo may from time to time provide updates or upgrades to the Software. You must implement such updates or upgrades.

Personal Information

You acknowledge that Pogozo will collect personal information in providing the Pogozo Products and all personal information will be held in accordance with Pogozo’s Privacy Policy.
If a third-party alleges infringement of its personal information under the privacy laws, Pogozo may take measures necessary to prevent the infringement of a third-party’s rights from continuing.
Pogozo may unilaterally change this agreement to meet the laws and requirements of any jurisdiction in respect of personal information, as a result of your use of any Pogozo Products and or data associated with or uploaded to the Pogozo Products in a directly or indirectly in a jurisdiction.

License to use branding

Branding means your name, design, symbol, colour or colour combinations, marks, image, logo, fonts, getup or any other feature that identifies or makes you distinctive.
You grant to Pogozo a non-exclusive and non-transferable license to use your branding for the purposes of delivering the Pogozo Products, Software and material.
You consent to Pogozo dealing with the branding to develop and deliver the Software without requiring Pogozo to make an attribution of authorship.
You release Pogozo from any claim, in relation to any act or omission done in respect of or in dealing with the branding.
The rights obtained by Pogozo under this agreement may be exercised in all the states and territories of Australia and worldwide.
Pogozo may utilise your branding for promotion with third-parties.

Integrations with Third Party providers

Pogozo may offer the opportunity for users to use and or access Services and Functions provided by Third Party providers – “Integration Partners”
The Services and Functions provided by the Integration Partner may include but are not limited to the following:
1. Use of the Integration Partner’s Platform and any associated functionality – Functions
2. Services provided by the Integration Partner
3. Any updates, supplements, or support services related to the Services and Functions.
4. All these elements, including the software code, documentation, and APIs, used by Pogozo to provide access to the integration are collectively referred to as the Services and Functions in these terms and conditions.
You will not use the Integration Partner’s Services and Functions in a manner that violates any applicable laws or agreement with the Integration Partner. Further, you will not, nor permit any Third Party to:
1. modify, disassemble, decompile, or reverse engineer any part of the Services and Functions provided by an Integration Partner.
2. copy or otherwise reproduce the Services and Functions, in whole or in part.
3. modify, adapt, alter, translate, or incorporate into or with other software or create a derivative work of any part of the Services and Functions, except as expressly permitted by the Integration Partner.
4. distribute the Services and Functions (other than the incorporation of distributable elements of the Services and Functions in your existing systems in accordance with the terms of your Agreement with the Integration Partner.
5. disclose the results of any performance benchmarks or similar testing of the Services and Functions to any third party without the Integration Partner’s prior written consent.
6. publish the Services and Functions for others to copy; or
7. use the Services and Functions to develop applications for other platforms or to develop another Services and Functions.
In addition, You will not:
1. use the Integration Partner’s name, logo or trademarks, except with written permission from the Integration Partner.
2. use the Services and Functions to create, develop, or use any program, software, or service which:
  takes away the functionality of the Integration Partner’s Services.
  
  exposes and/or discloses header file information.
  
  contains any viruses, Trojan horses, worms, logic bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
  
  when used in the manner in which it is intended, violates any applicable law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, false advertising, or data privacy); or
  
  interferes with the operability and stability of the Integration Partner or third-party programs or software.
3. make any statements that performance is guaranteed by the Integration Partner.
You will:
1. remain at all times responsible and liable for the misuse of the Services and Functions by You;
2. acknowledge the Integration Partner’s intellectual property rights of the Services and Functions and relevant Services and Functionality.
In making an Integration Partner’s Services and Functionality available to you, Pogozo hereby notifies you of, and you hereby agree that you will comply with, the restrictions and obligations imposed on You by the terms of use of your agreement with the Integration Partner and any terms of use published by the Integration Partner.

Integration with Heidi Health Trading Pty Limited

1. Pogozo may offer the opportunity for users to use and or access Services and Functions provided by Heidi Health Trading Pty Limited pursuant to a Licence Agreement made between Pogozo and Heidi Health Trading Pty Limited.

2. The Licence Agreement with Heidi Health Trading Pty Limited provides that Pogozo may make the Heidi’s Services and Functionality available to Pogozo users provided that Pogozo notifies the Users and ensures that the Users comply with, the restrictions and obligations imposed on Pogozo and the Users by the terms of the Licence Agreement.3. In accordance with that obligation, if you wish to make use of Heidi’s Services and Functionality, Pogozo hereby notifies you that the restrictions imposed upon Pogozo and you as the User by the terms of the Licence agreement are to be found on the Heidi Health Trading Pty Limited website, and you as the User hereby agree to comply with the terms of the Licence Agreement as if you were a party to that agreement as a User.

Integration with Google for Google Meet

1. Pogozo may offer the opportunity for users to use and or access services and functions provided by Google via an integration with the users google account.

If you link your Google account to Pogozo for Google Meet, we store your Google authorisation tokens, basic profile information (such as your name and email address), and the calendar event details and Meet links associated with your Pogozo appointments. We retain this information only for as long as your Google account remains linked and your Pogozo account is active. If you unlink your Google account, or if your Pogozo account is deleted, we delete the Google data held in Pogozo including your authorisation tokens, profile information, and stored calendar and Meet link details from our live systems promptly, and from our encrypted backups within 30 days. Please note that any events already created in your Google Calendar remain in your Google account and are not removed by Pogozo; you can delete these directly in Google Calendar at any time.

Pogozo’s use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.

Xero integration

Businesses can choose to connect their Pogozo account to Xero, the online accounting platform operated by Xero Limited. When a practice connects Xero, it authorises Pogozo through Xero’s secure sign-in, and we store the access tokens needed to keep that connection active.

Once connected, Pogozo may send the following to the practice’s Xero account:

invoices
payments
client billing details, such as name, email address and billing address
the services or products billed

Pogozo may also receive account information from Xero, such as chart of accounts, tax rates and payment status, so that records stay in sync.

We do not send clinical records, treatment notes or other health information to Xero.

Information sent to Xero is handled under Xero’s own privacy notice. Xero stores data on servers located outside Australia, including in the United States. By connecting Xero, the practice directs Pogozo to disclose this information to Xero for that purpose.

A practice can disconnect Xero at any time from its Pogozo settings. When it does, we delete the stored access tokens. Records already sent to Xero stay in the practice’s Xero account and are managed by the practice.

Questions

If you have any questions about these terms and conditions, please contact Pogozo at hello@pogozo.com.

The materials appearing on the Pogozo Website could include technical, typographical, or photographic errors. Pogozo does not warrant that any of the materials on its website are accurate, complete or current. Pogozo may make changes to the materials contained on its website at any time without notice. Pogozo does not, however, make any commitment to up keep the materials.

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