Welcome to the Padoq!
We appreciate reading 15 pages of legal talk is not for everyone, so we wanted to simplify the core propositions of Padoq into an easy-to-read introduction. Please note, this does not include EVERYTHING covered in the terms of service, but it does highlight what we think are the most relevant things users need to know.
– Data – We take data privacy seriously and do not use your personally identifiable data (PID) for anything outside of identifying that you are truly who you say you are, and ensuring you don’t see inappropriate content. We will never use your PID for our own commercial gain.
– Content – Padoq is designed as a safe place for people to come and talk about their hobbies, interests and things they are passionate about. It is not the place for criminal activity, racism, sexism, bullying and quite simply anything that could be deemed inappropriate for the eyes of another user on the platform. We want Padoq to be a tool for good people to do good things, and we ask you as part of our community to help uphold these principles.
– Payments – We are partnered with licensed e-money issuer MangoPay to power our payments. This ensures all your and other users’ money is secure and guaranteed when uploaded into a Mangopay-powered Padoq wallet.
– Advertising – As a platform, we have bills to pay in order to keep things running for you. We plan to cover these overheads through interest-led adverts that are relevant to the Padoqs you are a member of. These adverts will be controlled by the administrators approving adverts into communities and in turn taking a share of the advertising revenue. Our expectation is that the admins will then use this income for the collective good of the community itself.
– Padoq Admins – If you are joining a Padoq, it is important you are aware of who administers the Padoq, particularly if you are intending to submit any personal information or facilitate payment transactions. Any data collected by the Padoq itself through posts, surveys or required information requests, is controlled by the Padoq Admin. Please ensure that you are careful when submitting personal information and that you know exactly what it is being used for.
We really hope you enjoy using the Padoq platform and appreciate the many different types of uses we see for it. We encourage you to recommend improvements to the platform, as well as recommend it to people you think it might be useful for.
Now for the fun stuff.
BY CLICKING ON THE “ACCEPT & CONTINUE” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS PLEASE DON’T USE THE APP.
YOUR USE OF THE PADOQ APP IS SUBJECT TO THESE TERMS.
‘Padoq Limited’ – The company
‘Padoq Platform’ (PADOQ) – The technology platform owned and operated by Padoq Limited
A ‘Padoq’ – A group or community on the ‘Padoq Platform’
‘Terms’ – Refers to these Terms and conditions.
‘Padoq Admin’ – The administrator of a ‘Padoq’ created on the ‘Padoq Platform’
Who We Are and What This Agreement Does
Under these terms of service, we, Padoq Limited of Hanleys, Spring Road, Hale, Altrincham, Cheshire, WA14 2UQ, license you to use:
as permitted in these terms.
You Must Be 13 To Accept These Terms And Download The App
You must be 13 or over to accept these terms and download the App. A parent or legal guardian can create sub-accounts (to their own PADOQ account) which can be used by children under the age of 13. The main account holder can control and limit the content children have access to on their sub-account. The main account holder will be responsible for monitoring the sub-account holder’s activities. By creating a sub-account you are authorising the children’s use of the App.
A. OTHER TERMS THAT MAY APPLY
You acknowledge that, by its nature, posts that you make using the App or Service are visible to other members of Padoqs you join within the App. You should not post information that you want to keep confidential.
You acknowledge that by joining a Padoq you consent to use of your data collected by the beneficial owner of the Padoq and their partners; and accept that we bear no responsibility for the activities of the Padoq Admin and their partners, affiliates on onward transmission of your data.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. You are responsible for ensuring that you connect to secure networks when using the App to reduce the risk of information being intercepted.
Apple Store And Google Play’s Terms Also Apply
The ways in which you can use the App and Documentation may also be controlled by Apple Store and Google Play’s rules and policies (https://developer.apple.com/app-store/review/guidelines/ & https://play.google.com/about/developer-content-policy/#!?modal_active=none) and Apple Store and Google Play’s rules and policies will apply instead of these terms where there are differences between the two.
B. THE APP AND YOUR DEVICE
Operating System Requirements
This app requires a device operating either the Android version 5.0 Lollipop or iOS 10 or such other later versions as may be released from time to time.
Support For The App And How To Tell Us About Problems
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://padoq.com.
Contacting us (including with complaints). If you think the App or the Service are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@Padoq.com.
How We Will Communicate with You. If we have to contact you we will do so either through the App, by email, by SMS or by pre-paid post, using the contact details you have provided to us.
How You May Use The App, Including How Many Devices You May Use It On
In return for your agreeing to comply with these terms you may:
C. ACCEPTABLE USE OF THE APP AND ITS FEATURES
We do our best to keep PADOQ a safe and trustworthy environment, but we cannot guarantee it. We need your help to keep PADOQ safe and trustworthy, which includes the following commitments by you:
Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
Acceptable Use Restrictions
Ownership Of Content
If a user deletes content from a Padoq, then that data will be deleted completely provided that we have no other legal grounds for retaining it (such as complying with law enforcement).We do not retain copies of that content.
Right to Takedown Content And Remove Users
PADOQ is a family friendly communication platform and we are strictly against any inappropriate content being posted on the App. We retain the right to administer this content through our ethics committee.
We provide a reporting function whereby users can report content that is inappropriate to Padoq Admins. Any reported content will be notified to the Padoq Admin who may delete the content (if appropriate).
We reserve the right to remove any content from the App and delete any user for any reason, without prior notice. We reserve the right to report any content to relevant authorities and security services if necessary.
Please note you will not have the right to be forgotten if we have legal ground for processing your data.
Operating A Padoq
We allow users to create Padoqs. If you create a Padoq on the App then you are the administrator of that Padoq (Padoq Admin). In order to help us to keep PADOQ as a family friendly communication platform we require Padoq Admins to (and as a Padoq Admin you agree to) provide the following commitments:
Each Padoq has 5GB of storage. [If you are an administrator of a Padoq that is not generating advertising revenue and you exceed the 5GB storage limit we may:
Data Processor Contract (for Padoq Admins only)
This section applies to Padoq Admins only and sets out the Terms and Conditions (where a Padoq is processing personal data) on which PADOQ will process personal data on behalf of the Padoq Admin in accordance with the Data Protection Legislation. Both parties will comply with all applicable requirements of the Data Protection Legislation.
Advertisements and Other Commercial Content
We give Padoq Admins the option to allow third party advertisers to display advertisements in their Padoqs. Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. These adverts are not personalised to individual users but are delivered based on the nature of the Padoq. We believe Admins running the group / Padoq should be rewarded for serving these adverts into their communities, and use the profits for the benefit of the collective community in the future. In order to help us do that, you agree to the following:
Person-to-person transfer of electronic value (“P2P”) may be made available to you at our sole discretion. The P2P service will be provided by Mangopay and it is your sole non-advised choice as to what services you or other members of Padoqs you are a member of use. Any use of the P2P service will be subject to their terms (https://www.mangopay.com/terms/end-user-terms-and-conditions/Mangopay_Terms-EN.pdf). If you use P2P, you also consent to the following applicable risks and other terms:
The fees for using the P2P service are set out below for PADOQ wallet
We allow users of the App to store their data via a personal data store. This service will be provided by PADOQ using HATDeX Limited technology and their terms and conditions will apply [https://hatdex.org/terms-of-service-hat-owner-agreement]. You will own any and all data in PADOQ and license it for use by PADOQ, Padoq owners and their partners & affiliates. PADOQ will own all derived and aggregated data.
You May Not Transfer The App To Someone Else
We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
Changes to These Terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
Updates to The App And Changes To The Service
From time to time we will ‘issue’ updates to the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. This will be ‘issued’ as an automatic update or if you opt out of automatic updates, you can choose to install the update manually.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Service. The App will always match the description of it provided to you when you downloaded it.
If Someone Else Owns the Phone or Device You Are Using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
We May Collect Technical Data about Your Device
By using the App or the Service, you agree to our collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any services to you.
We May Collect Location Data (But You Can Turn Location Services Off)
Certain services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based services.
You may stop us collecting such data at any time by turning off the location services settings on your device settings. Turning these services off may require us to limit functionality or its effectiveness.
We Are Not Responsible For Other Websites You Link To
The App or Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You can stop the App from sending you notifications by turning off notifications in the settings of your device. Turning off notification settings will prevent some of the App features to work.
You agree that you will:
Intellectual Property Rights (Other Than Content)
All intellectual property rights in the App, the Documentation and the Service throughout the world belong to Padoq Limited (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Service other than the right to use them in accordance with these terms.
Our Responsibility for Loss or Damage Suffered By You
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or Subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied is proven to have solely damaged a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following reasonable precautions or our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Service. The App and the Service are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the AppStore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of services or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any service you have paid for but not received.
We May End Your Rights to Use The App And The Service If You Break These Terms
We may end your rights to use the App and Service at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Service:
We May Transfer This Agreement to Someone Else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You Need Our Consent to Transfer Your Rights To Someone Else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No Rights for Third Parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If you are a Business
Our total liability to you (whether under contract, tort (including negligence) or otherwise) shall be limited to the amount paid by you to us. Nothing in these terms shall limit our liability for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation.
If A Court Finds Part Of This Contract Illegal, the Rest Will Continue In Force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even If We Delay In Enforcing This Contract, We Can Still Enforce It Later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which Laws Apply To This Contract and Where You May Bring Legal Proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live outside of the England, Scotland or Northern Ireland then you without limitation waive all rights to non-English laws or to take legal action outside of England. If you do enter into any legal action outside of England, Scotland or Northern Ireland then you agree without reservation to pay any and all legal costs that we consider appropriate to defend such actions.
Alternative Dispute Resolution
Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
We have designed PADOQ as a platform to help people to do good things together collectively as a community. We have core values around data, content and privacy which we hope will change the status quo when it comes to online engagement. We hope you enjoy your time on PADOQ and help make the online world a better place by using it.