Use of the PocketSales71 application is subject to agreeing the below terms and conditions. Please read the below terms and conditions carefully before accepting. By clicking the accept button, you are consenting to be bound by and are becoming a party to this agreement. If you do not agree to any of the below terms and conditions, kindly do not use or access the PocketSales71 application.
Terms and Conditions for PocketSales71 Application
PocketSales71 Application, is a Software as a sales force automation solution which is owned and operated by Dream71 Bangladesh Ltd. (hereinafter referred to as PocketSales71, We or Our), a company incorporated under the Companies Act 1972 with its registered office House No 16 (Level-5), Block A, Basundhara Main Road, Basundhara R/A, Dhaka-1229. By accessing and using the PocketSales71 application for sales management and sales tracking services (collectively “Services”), you, the person or company who is being given a limited license to use the PocketSales71 application (hereinafter referred to as “you” or “your”), do hereby agree to be bound by these terms and conditions, as well as any other guidelines, rules and additional terms referenced herein (collectively, “Terms”) and such use or access shall constitute an agreement between you and PocketSales71
Upon acceptance of these terms and conditions and subject to payment of the agreed consideration, PocketSales71 agrees to grant you a limited, revocable, non-exclusive, non-transferable license to use the PocketSales71 application, to install the browser plug-in and further agrees to provide the Services listed herein.
You agree and understand that we may periodically change these Terms, certain features of PocketSales71 application and/or certain features of the Services, without notice and all amended terms and changes become effective upon posting an update notification. You are solely responsible for checking these Terms and change notifications periodically for revisions. Any use of the PocketSales71 application after such revisions have been posted, signifies your consent to the changes.
PocketSales71 may monitor and change certain features of its Services periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Service properly or to protect itself and its users. PocketSales71 reserves the right to modify, reject or eliminate any material residing on or transmitted to its servers that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms.
Through the PocketSales71 application we assist you in gathering all your sales related data in one place, make analysis and generate reports to assist you in making sound business decisions. Upon registration and authentication of your Google Account, the PocketSales71 application will pull all your email conversations for last 6 (Six) months from the date of registration. The PocketSales71 application will then automatically analyze the contents of the emails and will generate a list of most important contacts. It is specifically expressed that this list is only indicative and not exhaustive. For efficient functioning of the PocketSales71 application, You will need to add records of your contacts, companies and deals associated with these companies.
Apart from sales management through PocketSales71 application, PocketSales71 shall also provide the following services
Google Chrome Browser Plugin for tracking email activities and provide reports of such activities
Controls to customize data sharing and to maintain hierarchy
Suggesting follow ups with current contacts
Reminders if contacts do not reply to email and for daily tasks and follow-ups etc.
Updates to the PocketSales71 application
All telephone conversations between you and us in relation to the Services may be recorded for our internal quality purpose and you hereby consent to such monitoring and recording.
You are expressly prohibited from and shall not:
Indulge in data mining, scraping, crawling, or using any process or processes that send automated queries to the PocketSales71 application.
Modify, adapt, translate, or reverse engineer any portion of the PocketSales71 application or the Services.
Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the PocketSales71 application or the Services.
Reformat or frame any portion of the web pages that are part of the PocketSales71 application or the Services.
Use the Website or the Services, intentionally or unintentionally, to violate any applicable local, state, national or international law.
Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature.
Apart from the above restrictions, you shall ensure that:
The PocketSales71 application is only used for internal sales tracking by you or your organization
Access to the PocketSales71 application shall be granted only to Your employees, representatives or contractors
You will not provide, or otherwise make available the PocketSales71 application in any form (including by sharing access credentials to the PocketSales71 application), in whole or in part (including but not limited to sharing the object code or source code) to any third party without our prior written consent
Nothing contained herein shall be construed as granting any license under any intellectual property rights vested in us or any right to use the PocketSales71 application or any of our Services other than as herein expressly specified.
Company names and logos and all related products and service names, design marks and slogans are trademarks and service marks used by PocketSales71 and are the sole property of PocketSales71. The PocketSales71 application, source code, designs and styles used for provision of Services are copyrighted to PocketSales71.
Other than the limited license to use the PocketSales71 application as expressly granted herein, all right, title and interest in and to all intellectual property rights, including but not limited to any copyright, trademark and data base right, vested in the Service, including the content therein and the selection and arrangement thereof, shall at all times remain with us. Nothing in these Terms and Conditions and/or the Agreement is intended to transfer all or part of such rights.
Except the license to use the PocketSales71 application, as authorized under these Terms, you are not being granted any right to any copyright, trademark, patent other intellectual property right in the PocketSales71 application or the services, processes or technology described therein. All such rights are retained by PocketSales71.
All rights, title and interest including trademarks and copyrights in respect of the domain name and PocketSales71 application provided through the Services are reserved with PocketSales71. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the PocketSales71 application in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against you.
You shall retain all rights, title and interest to the data included by you into the PocketSales71 application. You shall also retain all rights, title and interest in the analysis and reports generated using the PocketSales71 application.
Use of information provided to us
PocketSales71 communicates information after analyzing the data provided by you and the data pulled from emails. PocketSales71 has no control over the accuracy of content, integrity or quality of data provided by you, and the PocketSales71 application may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be held responsible for any such discrepancy, including on the PocketSales71 application authenticity, quality, or legality, or any other intellectual property rights compliance, or any resulting loss or damage.
You are hereby advised and cautioned that all information provided by you is taken by us in good faith, without least suspecting the bonafides of the information and PocketSales71 does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with PocketSales71.
PocketSales71 reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the PocketSales71 application.
Links to external Internet sites may be provided within the content of the PocketSales71 application or other Services as a convenience to you. The listing of an external site does not imply endorsement of the site by PocketSales71 or its affiliates. When you click on advertiser banners, sponsor links, or other external links from the Website or other Services, your browser may automatically redirect you to a new browser window that is not hosted or controlled by PocketSales71. PocketSales71 is not responsible for any content posted on such third-party websites nor does it take any responsibility to ensure performance or availability of such third-party websites. PocketSales71 and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Services, although we are under no obligation to do so.
PocketSales71 also reserves the right to impose/change the access regulations of the PocketSales71 Application, whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these Terms. It is the responsibility of users to refer to these Terms each time they use the Service.
We warrant that We are the owner of the PocketSales71 application, and have the right and authority to grant the license to use the PocketSales71 application. We do not warrant, guarantee, accept any condition or make any representation that the PocketSales71 application will meet Your requirements or that the use of the PocketSales71 application will be uninterrupted or error-free. No other verbal or written information provided by Us will create a warranty or in any way increase our liability, and You will not rely on such information.
We further warrant that the PocketSales71 application does not infringe on any current subsisting and enforceable Indian copyright, trademark or patent , and We will and hereby do agree to indemnify and hold You harmless in respect of any losses, costs, damages or expenses (including reasonable attorney’s fees and court costs) arising out of any claim, demand or action alleging that the PocketSales71 application violates or infringes the Indian copyright, trademark, patent or other intellectual property right of any third party, provided that You intimate Us within reasonable time and extend your full cooperation in preparing defense against any such claims.
Any use of the Service, reliance upon any PocketSales71 application, and any use of the Internet generally shall be at your sole risk. PocketSales71 disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the results/reports generated through the Service.
The PocketSales71 application and the services are provided on an “As Is” and “As Available” basis without warranty of any kind, other than as expressly provided herein, either express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. PocketSales71 disclaims, to the fullest extent permitted under law, any warranties regarding the security, reliability, accuracy and performance of the PocketSales71 application and the services. PocketSales71 does not warrant that any defects or errors will be corrected or that the content is free of viruses or other harmful components. PocketSales71 also disclaims any and all warranties to the fullest extent permitted under the law in regards to any information, goods, or services, obtained through, advertisements or received through any links provided by or through the service.
Limitations of liability
PocketSales71 does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any reports, analysis or the services offered through the PocketSales71 application. In no event shall PocketSales71 be liable to you, on account of your use, misuse or reliance on the PocketSales71 application or the use (or inability to use), reliance upon or performance of any service, for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data, whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or any other theory, even if PocketSales71 was aware of or had been advised of the possibility of such damage arising out of or connected with the use (or inability to use) or performance of the PocketSales71 application or the service.
You assume all responsibility and risk for the use of the PocketSales71 application and the service. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. If it is held that the exclusion or limitation of liability of consequential or incidental damages is not enforceable, in such situations, the liability shall be limited to the fullest extent permitted by law.
You agree to indemnify and hold us and our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity.
Term – These Terms will remain in full force and effect till such time that you continue to use the PocketSales71 application or any related Services.
Severability – If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
Entire Agreement – These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Your continued use of the Services will be conclusive proof of your deemed acceptance to any modifications made by us to these Terms.
Waiver – Any waiver of any provision of the Terms will be effective only if in writing and signed by you and PocketSales71.
Assignment – You may not assign any of your rights or duties under these Terms without the express written consent from us. PocketSales71 may assign its obligation/ duties and rights under these Terms without requiring to seek any consent from you.
Notices – All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by registered mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Website. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: PocketSales71 Pvt. Ltd. 3rd Floor, Anand Mall, Jail Road, Nasik Road, Nasik, Maharashtra, India – 422101.
Force Majeure – In no event shall we be held liable or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control.
Arbitration – Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. All proceedings shall be conducted in English language. Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each party, and the third to be selected by the two Arbitrators appointed by the parties. The venue of Arbitration shall be in Mumbai, India. Any award rendered by the arbitrator shall be conclusive and binding upon the parties hereto.
Governing Law – These Terms will be governed by and construed in accordance with the Indian laws and you agree to submit to the exclusive jurisdiction of courts situated in Mumbai. You are responsible for compliance with applicable laws. PocketSales71 reserves the right to seek all remedies available at law and in equity for violations of these Terms.
Contact and Duty to Inform – Please contact us with any questions regarding these Terms. Please report any violations of the Terms to sales@PocketSales71.com.
ACKNOWLEDGEMENT – YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL THESE TERMS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF AVAILING THE SERVICES THROUGH THE POCKETSALES71 APPLICATION AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENTS OTHER THAN AS SET FORTH IN THESE TERMS.