Terms and conditions

Thank you for selecting the Services offered by ProBooks (referred to as “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and ProBooks. By accepting electronically (clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorized representative, in which case the terms “you” or “your” will refer to such entity and its affiliates as well as you. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorized representative.

GENERAL TERMS

1. AGREEMENT

This Agreement describes the terms governing your use of the ProBooks services provided to you on this app, including content and new releases, (collectively, the “Services”). It includes by reference:

1. ProBooks’s Privacy Policy provided to you in the Services available on the app or provided to you otherwise.

2. YOUR RIGHTS TO USE THE SERVICES

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by ProBooks. ProBooks reserves all other rights in the Services. Until termination of this Agreement and a you meet any applicable obligations and comply with this Agreement, ProBooks grants to you a personal, limited, non-exclusive, non-transferable right and license to use the Services.

2.2 You agree not to use, nor permit any third party to use the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

Provide access to or give any part of the Services to any unauthorized third party.

Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.

Make the Services available on any file-sharing or application hosting service.

payment

For Services offered on a payment or subscription basis, the following terms apply if you are the User paying for the Services, unless ProBooks. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

Payments will be billed to you by ProBooks in pounds sterling (£), U.S. Dollars, or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT and GST) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.

You must pay with one of the following:

A valid credit card acceptable to ProBooks;

A valid debit card acceptable to ProBooks;

Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or

By another payment option ProBooks provides to you in writing.

If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse your use of the Services.

If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

ProBooks will automatically renew your monthly, at the then-current rates, unless the Services are cancelled or terminated under this Agreement.

Additional cancellation or renewal terms may be provided to you on the website for the Services.

3. USE WITH YOUR MOBILE DEVICE

Use of these Services through a compatible mobile device may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges; if you use the app outside of your home territory (i.e. region or country) without turning off data roaming.

4. YOUR PERSONAL INFORMATION

You can view ProBooks’s Privacy Policy provided with the Services. You agree to the applicable ProBooks Privacy Policy and any changes published by ProBooks. You agree that ProBooks may use and maintain your data according to the ProBooks Privacy Policy as part of the Services. You give ProBooks permission to combine identifiable and non-identifiable information you enter or upload to the Services with that of other users of the Services and/or other ProBooks services. For example, that ProBooks may use your and other users’ non-identifiable, aggregated data to improve the Services.

5. CONTENT

5.1 You are responsible for your content. You are responsible for all materials, data and personal information (“Content“) uploaded, posted or stored through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. ProBooks is not responsible for the Content or data you submit through the Services. You agree not to use nor permit any third party to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

Illegal, fraudulent, defamatory, obscene, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;

Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy

The ProBooks app stores and processes all your personal data that you have provided to us so that we can deal with your accounts. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the ProBooks app won’t work properly or at all.

5.2 ProBooks may monitor your Content. We may disclose any information necessary to satisfy our legal obligations, protect ProBooks or its customers or operate the Services properly.

5.3 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact ProBooks if you become aware of any unauthorized access to your account. The Services may be periodically updated with tools, utilities, improvements, third party applications or any general updates to improve the Services. You agree to receive these updates.

6. DISCLAIMER OF WARRANTIES

6.1 Your use of the services, software, and content is entirely at your own risk. Except as described in this agreement, the services are provided “as is.” To the maximum extent permitted by applicable law, ProBooks, its affiliates, and its third party providers, licensors, distributors or suppliers (collectively,”suppliers”) disclaim all warranties, express or implied, including any warranty that the services are fit for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights. ProBooks and its affiliates and suppliers do not warrant that the services are secure, free from bugs, viruses, interruption, errors, theft or destruction.

LIMITATION OF LIABILITY AND INDEMNITY

To the maximum extent permitted by applicable law, the entire liability of ProBooks, for all claims relating to this agreement shall be limited to the amount you paid for the services during the twelve (12) months prior to such claim. subject to applicable law, ProBooks, its affiliates and suppliers are not liable for any of the following: (A) indirect, special, incidental, punitive or consequential damages; (B) damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet ProBooks systems requirements. The above limitations apply even if ProBooks and its affiliates and suppliers have been advised of the possibility of such damages. This agreement sets forth the entire liability of ProBooks, its affiliates and your exclusive remedy with respect to the services and its use. Notwithstanding the foregoing, no provision of this agreement shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by the applicable laws of england and wales and for the avoidance of doubt ProBooks does not exclude liability for: (I) death or personal injury caused by its negligence or the negligence of its officers, employees, contractors or agents; (II) fraud or fraudulent misrepresentation; (III) any other liability which cannot be lawfully excluded by contractual agreement of the parties.

You agree to indemnify and hold ProBooks and its affiliates and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the services or breach of this agreement (collectively referred to as “Claims”). ProBooks reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by Intuit in the defence of any Claims.

7. COMPLIANCE WITH PRESERVATION ORDERS

ProBooks accepts no liability to you under this Agreement, or otherwise at law, for compliance by ProBooks with any order or notice, whether issued to ProBooks or to you, and whether issued by any court, tribunal, regulatory authority, arbitral tribunal or any body or authority exercising judicial, quasi-judicial, regulatory, or arbitral power or authority, requiring the preservation of any data, information documents or Content (a “Preservation Order”). To the extent that a Preservation Order has been issued to you, you acknowledge that you are solely responsible for your compliance with it.

8. GOVERNING LAW AND JURISDICTION

This Agreement will be governed by the laws of England and Wales without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of ProBooks’s or its Suppliers’ intellectual property rights may cause ProBooks irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that ProBooks shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain a such breach or apprehended breach by you or otherwise to protect ProBooks’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of England and Wales and you agree that you will procure that any third party making a claim against ProBooks arising out of this Agreement shall bring such claim exclusively in the English courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.