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PROCO Terms of service
Effective as of: 20th January 2023
Terms of service
Proco is a sales intelligence solution that aggregates live corporate sustainability data from trusted third parties and optimises this information to enrich sales professionals' accounts, leads, and opportunities via a Salesforce app. As a result, we empower our users to close sales more efficiently and faster, saving them time. In order to safely and responsibly manage these Services for all of our users, your use of the Services is subject to the terms and conditions defined here below. More information about the Services may be found at https://www.proco.store.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity to these Terms and that it is fully binding. In such a case, the term “you” will refer to such an entity. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
The Proco Services require data about you to be processed, including your location and cookie data. Processing of the data you share with Proco is essential to the Services which we provide and a necessary part of the performance of our Services.
You agree that no joint venture or partnership exists between you and Proco as a result of the Terms or your use of the Services. The failure of Proco to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts. In the event that any dispute cannot be settled, then court or arbitration proceedings shall be held in England, UK. This agreement was written in English, and this English version controls over any translation.
Proco may transfer its rights under these Terms where it reasonably believes that your rights will not be affected. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
You may not transfer any of your rights under these Terms to any other person.
Registration and security
The Services are intended for persons who are 16 years old or such a higher age required in your country to use the Services. By using the Services and agreeing to these Terms, you represent and warrant that you are at least 16 years of age. If you are under the legal age to form a binding contract in your region, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To register or sign up to create an account with Proco, you agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and promptly update the User Data. You agree that Proco may use your User Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any User Data that is inaccurate or not current, or Proco has reasonable grounds to suspect that such User Data is inaccurate or not current, Proco has the right to suspend or terminate your account and refuse current or future use of the Services.
You may register for or log in to your account via a third-party network, such as Salesforce. In doing so you hereby authorise Proco to populate registration and other relevant information fields of your account, and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such a third party.
Proco Services store and process the personal data that you have provided to us, in order to provide the Service. It is the responsibility of the User to keep your devices and access to the Services secure. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and any mobile devices while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices.
We endeavour to use reasonable security measures to protect against unauthorised access to your account. We cannot, however, guarantee the absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party unauthorised “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Proco of any unauthorised use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorised access to User Data and any other information or content you provide to Proco.
User Accounts and Users Conduct
You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, or privately transmitted. You grant Proco a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.
You understand that you, and not Proco, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Proco does not proactively and routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Proco may, in its sole discretion, screen, monitor, refuse or remove any Content, or remove any Content that violates the Terms, or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Proco be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. However, if you do not elect to mark your Content as private or available for a limited group of members, or later change such designation to allow such Content to be made available to anyone, you agree that this Content is is publicly available and that you are responsible for the public nature of the content.
You give Proco permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the Proco service without compensation to you.
The Services are for your commercial use. You may modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content.
You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:
Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the Services;
Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, User Accounts or networks of any other party;
Avoiding payment of charges or fees payable by you with respect to the Services;
Committing any act that may be harmful to minors;
Distributing, or disclosing any part of the Services in any medium;
Using any automated system to access or overload the Services;
Using the Services for any inappropriate commercial solicitation purposes;
Submitting to the Services or to Proco any illegal information or Content;
Bypassing the measures we may use to prevent or restrict access to the Services, including features that prevent or restrict use or copying of any Content;
Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
Removing any copyright, trademark or other proprietary rights notices contained in or on the Services;
Copying, framing or mirroring any part of the Services; or
Permitting any third party to access the Services;
The Services function as a venue to connect Users with pertinent non financial corporate performance data. As a neutral facilitator, Proco is not directly involved in the actual interactions between Users of the Services and their prospective or existing customers. Proco shall have no responsibility to confirm or verify the identity of Users, or the qualifications, background, or abilities of Users of the Services.
If you elect to use our features to inform your contacts about the Services or share your information with others, Proco may require you to provide contact information. Proco may contact that person or company via an email or text message.
You understand that you are responsible for any charges associated with sending communications via your device.
You represent and warrant that you are authorised to create your account, whether individually or on behalf of an organisation.
The Services may provide you with the ability to send or post messages to forums or send similar messages and communications to third party service providers, advertisers, your personal contacts, other users and/or Proco. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Proco provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable).
By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, and shall satisfy any legal requirement that such communications be in writing.
Payments, Cancellations, and Trials
In order to access certain functionality of the Services, you may be required to pay fees as a continuous subscription or a one-time fee.
To make a payment to Proco you must provide information about your payment method (e.g., credit card, online payment service) (the “Payment Method”). If you provide your payment information, you authorise Proco, Proco Partners, and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information.
If you paid through the Salesforce store, you may change your Payment Method through the corresponding store account. In other circumstances, you may switch to a different Payment Method or update your information by contacting us at firstname.lastname@example.org.
No refunds or credits will be provided by Proco, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via email@example.com.
Proco fees, along with any required taxes, may be paid on a monthly or annual basis, and are payable in advance. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date. You agree to pay the membership fees, and other charges you incur in connection with your Proco account, whether on a one-time or subscription basis. Proco reserves the right to increase membership fees and any associated taxes at any time upon reasonable advance notice.
Proco membership fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your Proco membership is downgraded or terminated. Your membership fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your membership at any time, as described below.
If you change your mind, you may be entitled to receive a full refund within 28 days, provided that you have not logged in or otherwise redeemed or started to use the Services as a User during this time.
You may cancel any Proco subscription by contacting us at firstname.lastname@example.org.
If you signed up through the Salesforce AppExchange, you may cancel any Proco membership by downgrading through the corresponding store. The cancellation of a membership will go into effect at the end of your current billing cycle. When your paid Proco membership ends, your account will remain and become a free membership. You can renew your subscription at any time without the need to register a new account.
Proco memberships may begin with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up, and may not be combined with certain other offers.
If you start your subscription with a free trial, we will begin billing your Payment Method for monthly or annual membership fees at the end of the free trial period of your subscription unless you cancel your membership prior to the end of the free trial period. Your Payment Method may be authorised for up to approximately one month of service as soon as you register for a free trial.
Third party services made available on the Services are made and offered directly by the applicable third party, and by using these services you acknowledge that you are contracting directly with such third party and not with Proco.
You are not obligated to use or transact business with any third party that appears on the Services. You agree that Proco shall not be liable for any loss or damages of any kind incurred by you as the result of any of your dealings with third party service providers or advertisers available through the services.
Proco or third parties provide links to other internet sites or resources through the Services. Proco does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources.
You acknowledge and agree that the Services, any necessary software used in connection with the Services, any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, or sell, distribute or create derivative works based on the Services, the software or Content available on the Services, in whole or in part.
The term ‘Proco’ and the Proco logo are the exclusive trademarks of, and are owned by, Proco Store Ltd., and you may not use or display such trademarks in any manner without the written permission of Proco. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.
Disclaimer of Warranties and Liability
The Information, Software, Products, Services and Content available through the Services are provided to you “as is” and without warranty.
Proco and its subsidiaries, affiliates, officers, employees, agents, partners and licensors hereby disclaim all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Proco and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that: (a) the Service will meet your requirements; (b) your Content will be available or the Service will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the Service will be accurate or reliable; (d) the quality of any Products, Services, Information or other material purchased or obtained by you through the Service will meet your expectations; and (e) any errors in the Services will be corrected.
You expressly agree to release Proco, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “Released Parties”) from any and all liability in connection with your business activities and/or use of the Proco website, Salesforce app, Content, Services or Products, and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with such use. You also agree that in no event shall the Released Parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of the Services, (b) your dealings with third-party service providers or advertisers available through the services, (c) any delay or inability to use the Services experienced by you, or (d) any Information, Software, Products, Services or Content obtained through the services, whether based on contract, tort, strict liability or otherwise, even if Proco has been advised of the possibility of damages.
In the event that certain jurisdictions do not allow some or all of the exclusions or limitations of liability above, such as exclusions for consequential or incidental damages, some of the above limitations or exclusions may not apply to you. In entering into this release, you acknowledge that you have read and understand and hereby expressly waive the benefits of any similar law of any country, state, or territory.
Proco specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, indirect, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Content on the Services.
Proco Ltd.’s maximum aggregate liability to you pursuant to these terms shall not exceed the greater of either (a) fifty pounds (£50) or (b) the amount of fees paid by you to Proco in the 12-months prior to date the claim.
You agree to indemnify and hold Proco and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity.
You agree that Proco may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) the nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) prevention of further use of the Services.
You agree that all terminations for cause shall be made in Proco’s sole discretion and that Proco shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: User Content submitted to the Services, Proprietary Rights, any feedback provided, and Disclaimer of Warranties and Liability.
Support and Questions
To raise any questions regarding the Services and these Terms, please contact us at email@example.com.
Proco Store Ltd.
Company Number: 13467233
86-90 Paul Street, London, EC2A 4NE, UK
© 2023 Proco Ltd.
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