Terms of service - Pocket Risk

Terms Of Service

Last updated: 20th October 2018

The following are the terms and conditions for use the Pocket Risk hosted software product and service, components, website and documentation (collectively “the Service”,  “the Services”, or “Pocket Risk Services”) between Fortune 12 Limited (collectively “Pocket Risk”, “we”, “us”, “our”) and you (either an individual or a legal entity that you represent as an authorized employee or agent). If you are entering into this Agreement on behalf of your company, the terms “You”, “Your” and “Customer” in this Agreement means your company and all of its employees.

Fortune12 Limited reserves the right to update and change the Terms of Service from time to time without notice. Any new updates or features that enhance the current Service shall be subject to the Terms of Service. Continued use of the Service after any such updates shall constitute your consent to such changes. Fortune12 Limited cannot be responsible for the Content posted on the Service. Your use of the Service is at your sole risk.

Your Account Terms

“Your Account” means your password-protected account for use of the Service and for billing in connection with such use. Your Account may be a trial, free, a paid subscription to the Service.

Account terms are as follows

  1. You must be 13 years or older to use this Service.
  2. You must provide a valid email address, and any other information requested in order to complete the signup process
  3. You are responsible for maintaining the security of Your Account and password. Fortune 12 Limited cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  4. You are responsible for all content posted and activity that occurs under Your Account (including content and activity by users who have access to Your Account).
  5. You may not use the Service for any illegal or unauthorized purpose.
  6. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  7. Accounts must be registered by humans and not by automated processes.

Cancellation and Termination

  1. You can cancel Your Account at any time using the link in the “My Account” section of Your Account.
  2. Although Fortune12 Limited may contact you to ask why you want Your Account cancelled, your user data may be deleted without any such confirmation. After that time it will not be possible for Fortune12 Limited to restore any such user data.
  3. Fortune 12 Limited reserves the right to suspend or terminate any account, for any reason, at any time.
  4.  Fortune 12 Limited reserves the right to refuse service to anyone for any reason at any time.

Your Personal Information and Privacy

Use of your personal information submitted to or via the Service is governed by our Privacy Policy. Please click the link and review it because it describes our privacy practice in detail. We advise you to check our Privacy Policy frequently as it may change from time to time.

Risk Profiling Compliance

Pocket Risk is built to be secure and compliant with regulations regarding risk profiling in the following jurisdictions:

  1. United States – Suitability and risk profiling is regulated by the Financial Industry Regulatory Authority (FINRA) and the Securities Exchange Commission (SEC). Pocket Risk complies with all regulations and works with Red Oak Compliance to ensure we continue to meet FINRA and SEC regulations as they evolve.
  2. United Kingdom – Suitability and risk profiling is regulated by the Federal Conduct Authority (FCA) formerly the Financial Services Authority (FSA). Pocket Risk is compliant with UK regulations.
  3. Canada – Suitability and risk profiling is overseen by a group of organisations including Investment Industry Regulatory Organization of Canada (IIROC), Mutual Fund Dealers Association of Canada (MFDA), Investment Funds Institute of Canada (IFIC), The Ombudsman for Banking Services and Investments (OBSI). Pocket Risk is compliant with Canadian regulations.
  4. Australia – Suitability and risk profiling is overseen by the Australian Securities and Investments Commission (ASIC) and the Financial Service Ombudsman. Pocket Risk is compliant with Australian regulations.
  5. New Zealand – Suitability and risk profiling is overseen by the Financial Markets Authority (FMA). Pocket Risk is compliant with New Zealand regulations.
  6. India – Suitability and risk profiling is overseen by the Securities and Exchange Board of India (SEBI). Pocket Risk is compliant with Indian regulations.
  7. Other Jurisdictions – Pocket Risk has sought to comply with all regulators including the European Union member states, Singapore, Malaysia and Hong Kong. If you want more information about compliance please contact us here.

Warranties

  1. All information on this site is provided to you on an “as is” and “as available” basis, without warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, non-infringement, or other violations of rights.
  2. You expressly understand and agree that any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  3. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available through this site. Fortune 12 Limited does not guarantee the Service will be uninterrupted, timely, secure or free from error. If in doubt seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
  4. Nothing in these terms, including sections [3-5] above, shall exclude or limit the Service’s liability for losses which may not be lawfully excluded or limited by applicable law.

General Terms

  1. You agree, through your use of this service, that you will not use this site to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law.
  2. You expressly understand and agree that Fortune 12 limited shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.
  3. The Service is not an end to end solution for the client suitability process. Users of the Service will need to collect additional information about their clients beyond the results generated by the Service.
  4. Fortune12 Ltd is not regulated or authorised to provide financial advice.

Copyright and Trademark Notice

  1. All content, including but not limited to trademarks identifying us, graphics, images and text are solely our property or others. All content on this site is protected by national and international copyright laws and treaties. Nothing on this site should be construed as granting a license or right to use any trademark displayed on this site, without the written permission of the trademark owner.
  2. Other than browsing and using the Site for its intended purpose, you may not in any way duplicate, distribute, modify, remove, delete, add to, publish, transmit, or in any way exploit any of the content of this site, in part or in whole, except when expressly authorised in writing by us.
  3. We reserve the right to seek all remedies available at law, in equity or under international copyright laws for violations of these terms, including the right to block access from a particular Internet address to the site.

Payment and Refunds Terms

  1. A valid credit or debit card account is required for paid accounts.
  2. The Service is primarily a subscription product. By signing up for a paid subscription you understand you will be billed every month until you cancel the subscription. Alternatively you can choose to pay annually. See our pricing page for details.
  3. If you do not wish to continue using Pocket Risk on our monthly pricing plan, you do not have to make a payment but this does mean that you will no longer be able use Pocket Risk.
  4. You are responsible for payment of any other taxes, levies, or duties which are applied or collected by your local authorities.
  5. Downgrading your Service to a lower plan may cause the loss of content, features, or capacity of Your Account. Fortune12 limited does not accept any liability for such loss.
  6. If you are unhappy with the service and want a refund please email [email protected].

Data Processing

This Agreement includes the Pocket Risk Data Processing Agreement (DPA) which is incorporated herein by reference. By agreeing to this Agreement, you also agree to the terms of the DPA. You may opt out of the DPA in its entirety by contacting Pocket Risk here. If you choose to opt out, you will be prohibited from using the Services to process personal data regulated by the General Data Protection Regulation of the European Union (EU 2016/679) (GDPR).

Contacting us

Any questions relating to the Terms of Service or our risk tolerance questionnaire can be sent to Fortune12 Limited by emailing us at [email protected] Violation of any of the terms above will result in the termination of Your Account. You can review the most up to date version of the Terms of Service at any time by visiting this URL.