DISCLAIMER
Basically...
Our Service is new. Our goal is to help to connect companies that hire foreign nationals to individuals itching to move to another country while still growing their careers. Then to help as best we can, giving you as much autonomy as possible, to navigate the entire process up to on-boarding and cultural immersion.
Why? Simple. Because our founder has been there and so have many of her friends and colleagues globally. They all agree it’s time to change this time consuming, overwhelming fragmented process; and facilitate a journey that helps both individuals and companies grow in innovation and overall.
That being said we have a long way to go to some semblance of perfection. By using this site you agree NOT to sue, harass or engage in any other negative, unproductive behavior towards us or other users of this site, for anything you are unhappy with. HOWEVER, we do welcome all your input to help make it better for you and everyone else. Please do not hesitate to walk us through any problems you face while using our site or services. Our goal is always to make things better for our users.
We promise not to use your information maliciously or any other use not intended by you on this platform.
We also promise not to share your information with anyone you don’t want us to.
The information provided here is regularly reviewed and is accurate to the best of our knowledge, but accuracy cannot be guaranteed, and it should be noted that processes and supporting documents may change without prior notice. Pocmi, Inc. cannot accept responsibility or liability for any loss or damage caused as a result of any inaccuracy or deficiency in the information provided. The information provided on this site does not constitute legal advice and detailed consultations on each specific situation should be sought. Immigration service providers listed in the Suppliers section are companies that Pocmi, Inc. works with to keep this information updated. Pocmi, Inc. does not operate on a referral fee basis and is happy for our clients to contact the suppliers listed directly. However we cannot accept responsibility or liability for work conducted directly with listed suppliers. Where our clients wish to benefit from due diligence conducted by Pocmi Inc, a contract for services will be necessary; please contact Pocmi (info@pocmi.com ) for further information.
Good. Now that that's out of the way...
Contract
When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.
You agree that by clicking “Join Now”, “Join Pocmi”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Pocmi(even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services.
Services
This Contract applies to Pocmi.com, Pocmi-branded apps, and other Pocmi-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and the “Apply with Pocmi” and “Share with Pocmi” plugins. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both.
Pocmi
You are entering into this Contract with Pocmi(also referred to as “we” and “us”) and your personal data provided to, or collected by or for, our Services is controlled by Pocmi, Inc.
Members and Visitors
When you register and join the Pocmi Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a visitor.
Change
We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.
Service Eligibility
Here are some promises you make to us in this Contract:
You’re eligible to enter into this Contract and you are at least our “Minimum Age.”
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Pocmi account , which must be in your real name; and (3) you are not already restricted by Pocmi from using the Services.
Members who were below this new Minimum Age when they started using the Services under a previous User Agreement may continue to use them, as they have already reached the new Minimum Age since then or will reach it in the near future.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for Pocmi to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
Your Account
You’ll keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
Payment
You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
We don't guarantee refunds.
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
You can get a copy of your invoice through your Pocmi account settings by emailing us at info@pocmi.com
Sharing
When you share information, others can see, copy and use that information.
Our Services allow messaging and sharing of information in many ways, between candidates and recruiters. Information and content that you share or post may be seen by other Members or Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
Your License to Pocmi, Inc.
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
We’ll honor the choices you make about who gets to see your information and content
You promise to only provide information and content that you have the right to share, and that your Pocmi profile will be truthful.
As between you and Pocmi, you own the content and information that you submit or post to the Services and you are only granting Pocmi and our affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding our Services to LinkedIn, you agree that Pocmican use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Pocmimay be required by law to remove certain information or content in certain countries.
Service Availability
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.
Pocmi is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
Other Content, Sites and Apps
Your use of others’ content and information posted on our Services, is at your own risk.
Others may offer their own products and services through Pocmi, and we aren’t responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Pocmi generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse. You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your Pocmi account, that app or site can access information on Pocmi related to you and your profile. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Pocmi is not responsible for these other sites and apps – use these at your own risk.
Limits
We have the right to limit how you connect and interact on our Services.
Pocmi reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Pocmi reserves the right to restrict, suspend, or terminate your account if Pocmi believes that you may be in breach of this Contract or law or are misusing the Services (e.g. violating any Do and Don’ts).
Intellectual Property Rights
We’re providing you notice about our intellectual property rights.
Pocmi reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Pocmi logos and other Pocmi trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of
No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, POCMI AND ITS AFFILIATES (AND THOSE THAT POCMI WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS POCMI HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), POCMI AND ITS AFFILIATES (AND THOSE THAT POCMI WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF POCMI AND ITS AFFILIATES (AND THOSE THAT POCMI WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND POCMI AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF POCMIOR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Termination
We can each end this Contract anytime we want.
Both you and Pocmi may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following and other mentioned in this contract shall survive termination:
Dispute Resolution
In the unlikely event we end up in a legal dispute, we agree to resolve it in New York courts (using New York law).
You agree that the laws of the State of New York, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts in New York City, New York, USA, and we each agree to personal jurisdiction in those courts.
General Terms
Here are some important details about how to read the Contract.
If a court with authority over this Contract finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that Pocmi has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Pocmimay assign this Contract to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Contract.
We reserve the right to change the terms of this Contract and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided further down in this contract.
Pocmi“Dos” and “Don’ts”
Dos
You agree that you will:
Don’ts
You agree that you will not:
9. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation Please contact us via info@pocmi.com for complaints concerning content posted by our Members.
10. How To Contact Us
If you want to send us notices or service of process, please contact us:
info@pocmi.com
© Pocmi, Inc. 2016
NY, NY 10128