Terms of Service
Terms of Service
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.
Important Words and Definitions
‘Client’ means a community member (individual, family or business) who uses MyPocketSkill.com to list Tasks, which Teens may wish to perform
'Educational Institution' means a school, college, university or other educational establishment who uses MyPocketSkill to communicate with Clients and Teens and oversee relevant Tasks
‘Listing’ means a request or advertisement for a Task, as generated on the Service by a Client or Teen.
‘MyPocketSkill’ means MyPocketSkill Ltd, a company registered in England and Wales with registration number 10654893
‘Task’ means a task, assignment, placement or engagement, which is listed on MyPocketSkill.com. These may be one-off or ongoing.
“Teens” means young people (13-22 years of age) and, where under the age of 18, their responsible parent(s)/carer(s)
- Terms of Service:
1.1 This website (MyPocketSkill.com) is operated by MyPocketSkill ltd. These terms of service govern the use of services offered by MyPocketSkill on the website or mobile device. Such services, website, mobile app together and hereinafter referred to as ‘Service’.
1.3 If you are 13-17 years old, parental acceptance to the use of this service is also required. Some Tasks may not be performed by users (Teens) under 16 or 18 years of age.
1.5 There are some important parts of these Terms of Service that we would like to draw your attention to:
- MyPocketSkill provides a platform where Teens are able to list their skills and offer Tasks, whilst Clients request Tasks. They are parties to the agreement.
- MyPocketSkill is not a party to assignment agreements. The agreement reached between Teens, Clients and Educational Institutions is a private contract. Accordingly, MyPocketSkill carries no liability for claims or losses arising from the Tasks or any dispute, which may arise for any reason.
1.6 By placing a booking on MyPocketSkill you also agree to our Booking Agreement.
2. Commission and Fees
2.1 MyPocketSkill may charge a commission fee from Tasks performed. MyPocketSkill may also charge additional fees, such as listing fees and subscription fees.
2.2 For some services, such as Social Media, MyPocketSkill will apply charges on the basis of a monthly subscription. Customers agree to a recurring subscription payment at the point of booking, which can then be cancelled at any time by email, SMS or platform request. In the event that a subscription service is cancelled, one full month's notice of cancellation is required. Price changes for subscription-based services are normally applied on an annual basis and customers are notified about any price changes with at least one month's notice of these changes applying.
3. User vetting
3.1 MyPocketSkill may perform verification of users, including verification of age, identity and criminal background check.
3.2 However, MyPocketSkill cannot assume any responsibility for the accuracy and reliability of identify and background check information. When interacting with other users on the Service should exercise caution and common sense to protect personal safety and property in accordance with our Safety-and-Trust guide and Community Guidelines.
4. Account, Password, Security and Mobile Phone Use
4.1 While certain parts of the Service are accessible by everyone, in order to use the Service provided through the Service, Teens, Clients and Educational Institutions must register and create an account on the Service (an “Account”).
4.3 You are solely responsible for maintaining the confidentiality of any log-in and password details provided by you or given to you by MyPocketSkill for accessing the Service.
4.4 You are solely and fully responsible for all activities that occur under your Account, even if not authorised by you.
4.5 Should you suspect that any unauthorised party may be using your Account or you suspect any other breach of security in respect of your account, you must contact MyPocketSkill immediately.
4.6 By providing your mobile phone number and using the Service, you hereby affirmatively consent to MyPocketSkill use of your mobile phone number for calls and texts only where MyPocketSkill thinks it reasonably necessary to facilitate fulfilment of Tasks.
4.7 MyPocketSkill will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt out of receiving text messages from us by modifying your account settings in the profile page section of your Account.
5. Listing assignments, services, agreement to assignment, billing and payment policy
5.1 Tasks are agreed between Clients and Teens .
Step 1: Clients request Tasks or Teens (with the permission of their Parents and/or Educational Institution), list available Tasks in the form of Listings which become searchable on the Service
Step 2: Clients are free to choose Teens, amongst the applicants that applied or who have been recommendated by their Educational Institution, to perform tasks, while Teens reply to Clients who chose their services.
Step 3: Client and Teens (and where relevant, Educational Institutions) confirm the agreements, having done their due diligence and discussed scope of work, in accordance with our Safety-and-Trust guidelines. The payment, where applicable, is transferred via the platform using a secure payment provider. Payments are made in accordance with the policies of the payment provider; typically this is 7-10 days from the date that a Task is marked as complete, but on occasion this may be longer. Task Payment and fees must be paid through the PSP as indicated on the MyPocketSkill Platform. In the event that Clients engage the services of a teen outside of the MyPocketSkill platform, and where Clients are engaging the Teen in a corporate, business or freelance capacity, a release fee of £195 will be payable.
Step 4: Once the Task has been completed Clients rate the work done.
Please note: We neither endorse nor assume any liability for the contents of any Listing. While we may pre-screen, monitor and edit Listings, we cannot guarantee that we will do. We have the right at our sole discretion to remove any Listing or other content that, in our judgement, does not comply with these Terms of Service and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such Listings or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any Listing, whether it is your own or another user’s.
6. Acceptable use restrictions
6.1 Please see MyPocketSkill Community Guidelines
7. Worker classifications and Withholdings
7.1. Users do not have authority to enter into written or oral - whether implied or express - contracts on behalf of MyPocketSkill. Users acknowledge that MyPocketSkill does not, in any way, supervise, direct, or control tasks performed in any manner.
7.2 MyPocketSkill does not set a Teen’s work hours or location of work.
7.3 MyPocketSkill will not provide any equipment, labour or materials needed for a particular Task.
7.4 The Service is not an employment service, employment business or employment agency and MyPocketSkill does not serve as an employer of any Teen. As such, MyPocketSkill will not be liable for any tax or withholding, including but not limited to National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a Client’s use of a Teen’s services.
7.5 Client agrees to indemnify MyPocketSkill and its affiliates from any and all claims, liabilities and reasonable costs arising from or in connection with:
- a Teen being misclassified as an independent contractor or employee;
- MyPocketSkill being incorrectly held to be an employer or joint employer of a Teen; or any other relevant third-party claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits or any other employee benefits.
8. Intellectual Property Rights
8.1 The Service, and the media and materials contained in the Service, including all intellectual property rights in the Service, are the sole and exclusive property of MyPocketSkill.
8.2 We give you a non-exclusive licence to use and access the Service and its content solely for your own personal use, provided that you shall not copy or make any part of the Service or its content available for access or use by any other person, except as expressly permitted by these Terms of Service or otherwise expressly authorised by us.
8.3 Except to the extent expressly set out in these Terms of Service, you are not being given any rights in respect of any intellectual property rights owned by MyPocketSkill or its licensors and you acknowledge that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by downloading any content from the Service.
8.4 The service marks and trademarks of MyPocketSkill, including without limitation MyPocketSkill and the MyPocketSkill logos are service marks owned by MyPocketSkill. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
9. Events Outside of our control
9.1 MyPocketSkill will not be liable or responsible for any failure to perform, or delay performance of any of our obligations that is caused by any act or event beyond reasonable our reasonable control, including failure of public or private telecommunications networks
10.Links to other websites
10.1 The Service may contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
10.2 While we provide guidelines and only link to what we consider to be reputable and helpful for our cause websites, you access such third-party websites at your own risk. MyPocketSkill expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third-party links that may appear on the Service.
10.3 As part of the functionality of the Service, you may link your account with online accounts you may have with third-party service providers (each such account, a "Third-Party Account”), for example Facebook, by either: (i) providing your Third-Party Account login information through the Service; or (ii) allowing MyPocketSkill to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
11.1 You undertake to indemnify and hold MyPocketSkill harmless in respect of all costs, charges, damages or losses which it may suffer in relation to your use, including in relation to (a) any content which you may upload or any interaction you may have with any other user of the App, (b) any tax implication for which MyPocketSkill may become liable as a result of your use and (c) any classification of you as an employee of MyPocketSkill (or similar) by any tax authority or employment tribunal
12.1 MyPocketSkill may terminate or suspend your right to use the Service at any time if, in its opinion, you have failed to comply with any provision of this Agreement (including the Community Guidelines), if any details you have provided to us are insufficient to verify your profile or turn out to be false, if we believe it is necessary to do so in order to protect other Users and/or for the security of the Service, or for any other reason.
12.2 In the event of termination or suspension we will provide you with written or email notice of such termination/suspension which will be effective immediately upon delivery of such notice. If MyPocketSkill terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, MyPocketSkill reserves the right to take appropriate legal action. You may terminate the Service at any time by ceasing all use of the Service and deleting your user account. All parts of these Terms of Service, which by their very nature should survive the expiration or termination of the Service, shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of the Service.
13. Governing Law
13.1 These Terms of Service and your use of the Service shall be governed by English law. You agree that any dispute between you and us regarding these Terms of Service or the Service will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
14. Special Promotions
14.1 MyPocketSkill may from time to time provide certain promotional opportunities to Users. All such promotions will be run at the sole discretion of MyPocketSkill, and any promotional activity will be governed by its own set of terms and conditions, which will be notified to you should you choose to participate; the liability of any of the Company’s partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to Section 16 of these Terms of Service and such limitation shall not be affected by the MyPocketSkill Protection Pledge.
15. Changes to this agreement and the Service
15.2 MyPocketSkill may change, modify, suspend or discontinue any aspect of the Service at any time without notice or liability. MyPocketSkill may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
16. Limitation of Liability
16.1 In no event shall MyPocketSkill’s aggregate liability to a Client or Teen exceed the fees actually paid by these Clients or Teens to MyPocketSkill in the three (3) month period immediately preceding the event giving rise to such claim, or £100, whichever is less. In no event shall MyPocketSkill be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, reputation, use or other economic advantage) even if MyPocketSkill have been previously advised of the possibility of such damages
You may not assign or transfer these Terms of Service or your rights under these Terms of Service, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Service in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
18. Contacting us
18.1 If you have any questions about these Terms of Service, please contact us by email at [email protected]