TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS ("Terms") CAREFULLY. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN POCKETFILLER FINTECH PRIVATE LIMITED AND YOU. BY CLICKING ON "I ACCEPT" OR "I AGREE" OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "I ACCEPT" OR "I AGREE" OR DOWNLOAD, INSTALL OR USE THE SERVICES.
In this policy,
- “App,” “Application” means POCKETFILLER, the mobile application created, developed and designed by the Company for providing the Services;
- - “Platform” shall mean the App and the Website collectively
- “Service” means any information, documents, assistance, or services we may provide to you through our Site;
- “Site,” website” means the website of PocketFiller Fintech Private Limited, presently being www.pocketfiller.in;
- "Third Party Platforms" shall mean social networking platforms, such as Facebook, LinkedIn and other similar platforms;
- “You” and “your” mean any person logging on to or using the Website/Application even when such person does not avail of any services provided on the website/application
The services rendered by POCKETFILLER are exclusively intended for individuals who are Citizens of India and residing in India. By accessing www.pocketfiller.in or our Mobile Application, and/or using the information provided on or via this App, you agree to the following terms and conditions. If you do not agree with the terms and conditions stated hereunder, please immediately terminate your use of the website/application
You voluntarily consent to register as a member of the POCKETFILLER Community to get personalized and exclusive products, offers, and services from POCKETFILLER in tie-up with its business partners for meeting your financial needs while you access any Products or Services on POCKETFILLER Web-Site and mobile application.
You agree that if you undertake any financial transaction through the App or site, POCKETFILLER will conduct due diligence and seek mandatory information required for KYC purpose; and as a user, you hereby authorize POCKETFILLER to facilitate your transaction in accordance with the prevailing laws and regulations, including Prevention of Money Laundering Act and its rules. Any payment towards the services availed shall be remitted only through your bank account or from a joint bank account in which you are a joint holder.
While using the App to communicate with POCKETFILLER, you shall communicate with your registered mobile/telephone number and/or email address. Thereby, you agree to receive communication from POCKETFILLER on your registered mobile/telephone number and/or e-mail address.
Notwithstanding whether your telephone/mobile is registered with NDNC and or notwithstanding the Telecom Regulatory Authority of India [TRAI] restrictions/guidelines on unsolicited telecalls, by you accessing this App and applying/enquiring/verifying any of the products/services offered by POCKETFILLER and or you making a request to call back, it is deemed that you have expressly authorized POCKETFILLER to call back or send you text messages or messages through Chatbots for solicitation and procurement of various products and services of POCKETFILLER. In case if you may not wish to receive any calls/messages, you are obliged to proactively inform POCKETFILLER about the same.
While using this App, you agree NOT to, by any means indulge in illegal or unauthorized activities including but not limited to
- Use the App for unlawful purposes;
- Collect information about the users without their express consent;
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any virus or other harmful or disruptive component;
- Remove any copyright, trademark or other proprietary rights notices contained in the Site;
- Copy, mirror any part of the App without our prior permission;
- Permit or help anyone without access to use the Site through your username and password or otherwise; and
- Posting any defamatory messages to either in print/electronic/social media;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Accounts of others without permission, forge/fabricate another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the website, perform any other similar fraudulent activity or otherwise send or receive what POCKETFILLER reasonably believes to be potentially fraudulent funds;
- Infringe POCKETFILLER or any third party's intellectual property rights, rights of publicity or rights of privacy;
- Use any robot, spider, other automatic devices, or manual process to monitor or copy the website without prior written permission;
- Use any device, software or routine to bypass website exclusion headers, or interfere or attempt to interfere, with the website;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the website or features that enforce limitations on the use of the website;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the website or any part thereof;
- Use the website in any manner that could damage, disable, overburden, or impair it, including but not limited to using website in an automated manner
- Intentionally interfere with or damage operation of the website or any user's enjoyment of them, by any means, including but not limited to uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
MONITORING OF APP AND YOUR ACCOUNT
POCKETFILLER has the right and liberty to monitor the content of the APP at all times which shall include information provided in your account. The monitoring of the App is important to determine the veracity of the information provided by you and that every User remains in consonance with the Terms & Conditions provided herein. Subject to the Terms & Conditions mentioned herein, POCKETFILLER shall also have the liberty to remove any objectionable content which is in contravention of the Terms & Conditions herein or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
INDEPENDENCE FROM PLATFORMS
- The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed, or in any way linked to any platform operator, including, without limitation, Apple, Google, Android, or RIM Blackberry (each being an “Operator”).
- Your download, installation, access to, or use of the App is also bound by the terms and conditions of the Operator.
- You and POCKETFILLER acknowledge that these T&C are concluded only between you and POCKETFILLER, and not with an Operator, and POCKETFILLER, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these T&C.
- POCKETFILLER is solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and POCKETFILLER acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Yo u a n d POCKET F I L LER a c k n owl e d g e t h a t POCKETFILLER, not the relevant Operator, is responsible for addressing any User claims or any third party claim relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation
- You and POCKETFILLER agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, POCKETFILLER and not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by POCKETFILLER.
- You must comply with any applicable third party terms of agreement when using the App (e.g. you must ensure that your use of the App is not in violation of your device agreement or any wireless data service agreement).
- You and POCKETFILLER agree that the relevant Operator, and that Operator's subsidiaries, are third-party beneficiaries of these T&C, and that, upon your acceptance of these T&C, that Operator will have the right (and will be deemed to have accepted the right) to enforce the terms of these T&C against you as a third-party beneficiary thereof.
LICENSE & ACCESS
POCKETFILLER grants You a limited license to access and use the App for availing the Services, but not to download any material from it (other than page caching) or modify it, or any portion of it, except with express written consent of POCKETFILLER and / or its affiliates, as may be applicable. Any unauthorized access to the App or any networks, servers or computer systems connected to App and any attempt to modify, adapt, translate or reverse engineer any part of the App or reformat or frame any portion of the pages of the App, save to the extent expressly permitted by these Terms & Conditions, is not permitted. This license is non-transferable and does not permit any resale or commercial use of this App or its contents; any downloading or copying of account information for the benefit of anyone other than Your use; or any use of data mining, robots, or similar data gathering and extraction tools. The App or any portion of the App (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of POCKETFILLER and / or its affiliates, as may be applicable. Any unauthorized use of the App shall terminate the permission or revoke the license granted by POCKETFILLER.
USE OF MATERIAL AND INFORMATION
The content (material, information, data, news, etc.) contained on this App is provided for general information only and should not be used as a basis for making business/commercial decisions. POCKETFILLER does not provide any advisory services. You are requested to exercise caution and/or seek independent professional advice before entering any investment or financial obligation based on the content contained on this App.
Images used on this App are for representative purposes only and are not indicative of anyone's personal thoughts or ideas
The content on this App should NOT be regarded as an offer, solicitation, invitation, advice or recommendation to buy or sell investments, securities or any other instrument or financial products/schemes of App, its Group Companies, Corporate Partners, Subsidiaries or any of its affiliates.
Products and Services are available only at the discretion of App, subject to the individual contractual terms and conditions of the respective POCKETFILLER products and services basis which such products & services are offered and such products and services may be withdrawn or amended at any time without notice.
INTELLECTUAL PROPERTY RIGHTS
Nothing contained in our website should be construed as granting any license or right to use any Trade Marks displayed on our website. POCKETFILLER retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on website or via this App (including all texts, graphics and logos). Users are prohibited from using, modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on website or through the App for any purpose without written permission of POCKETFILLER of such or such other parties. The materials on the website are protected by copyright and no part of such materials may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, distributed, used for creating derivative works or used in any other way for commercial or public purposes without the prior written consent of POCKETFILLER.
ADVERTISERS & LINKED WEBSITES
We accept no responsibility for advertisements contained within the APP. This App may contain links to other websites of Group Companies, Corporate Partners, Subsidiary companies, and Affiliate companies of POCKETFILLER. This App may also contain links to external websites, having further linked websites, controlled or offered by third parties (Non-Affiliates of POCKETFILLER), to help you find relevant websites, services and/or products which may be of interest to you, quickly and easily. The contents displayed or products/services offered on such linked websites or any quality of the products/ services are not endorsed, verified or monitored by POCKETFILLER. POCKETFILLER is also not responsible for the owners or operators of such external websites or for any products or services they supply or for the contents of their websites and does not give or enter into any conditions, warranties, express or implied; or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website to which this website includes a link infringes the intellectual property rights of any third party).
You are permitted to use content delivered to You through the Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, You agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.
The user agrees to indemnify, defend and hold harmless POCKETFILLER, its Group Companies and their directors, officers, employees, agents, third-party service providers, and any other third party providing any service to POCKETFILLER in relation to the Services and for indulging in any Prohibited conduct as mentioned above whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by POCKETFILLER that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any terms of this Terms of the Usage including any representation, warranty, covenant or agreement made or obligation to be performed by the user pursuant to these terms of usage
NO REPRESENTATION OR WARRANTY
No information sent to any user through this App or available on this App shall constitute any representation or warranty by POCKETFILLER, or its Group Companies, Subsidiaries or Affiliates regarding the creditworthiness, financial performance or prospects, solvency, or viability of any company
This App may contain statements of various professionals/ experts/ analysts, etc. POCKETFILLER does not represent/ endorse the accuracy, reliability of any of the statements/ information by any such person. It is the responsibility of the user of this App to independently verify and evaluate the accuracy, completeness, reliability, and usefulness of any statements, services or other information provided on this App. All information in this App is being provided under the condition and understanding that the same is not being interpreted or relied on as legal, accounting, tax, financial, investment or other professional advice, or as advice on specific facts or matters. POCKETFILLER may at any time (without being obliged to do so) update, edit, alter and or remove any information in whole or in part that may be available on this App and shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability. Nothing contained herein is to be construed as any advice or recommendation to use any product or process. Though POCKETFILLER will endeavor that information contained on this APP is obtained from sources which are reliable, however APP does not warrant such information's completeness or accuracy.
Internet transactions may be subject to interruption, transmission blackout, delayed transmission, and incorrect data transmission. POCKETFILLER is not liable for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages and transactions the user may initiate.
POCKETFILLER does not represent or warrant that the APP will be uninterruptedly available. Please note that the App may not meet the user's requirements, that access may be interrupted, that there may be delays, failures, errors or omissions or loss of transmitted information, that viruses or other contaminating or destructive properties may be transmitted or that damage may occur to your computer system. You have sole responsibility for ensuring adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. POCKETFILLER makes no representations or warranties regarding the accuracy, functionality or performance of any third-party software that may be used relating to the App.
LIMITATION OF LIABILITY
POCKETFILLER, its Group Companies, Corporate Partners, subsidiary companies, its affiliates, and their directors and employees accept no liability for any loss or damage arising directly or indirectly (including special, incidental or consequential, punitive, or exemplary loss, damage or expenses) from your use of this App or any linked site howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, omission, interruption, imperfection, fault, mistake or inaccuracy with this App, its contents or associated services, or due to any unavailability of the App or any part thereof or any contents or associated services.
POCKETFILLER reserves the right to change the information provided on or via this App, including the terms of this disclaimer, at any time and without notice. However, POCKETFILLER shall not undertake to update the content contained on this App from time to time. You are obliged to exercise your independent diligence on the information provided on or via this App before arriving at any decision and you will be solely responsible for your actions. POCKETFILLER shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability on account of such change in the information on this App
SUSPENSION OF THE ACCOUNT
POCKETFILLER may stop providing the services and may terminate use of it at any time without giving notice of termination to you. Unless POCKETFILLER informs you otherwise, upon any termination to,
(a) the rights and licenses granted to you in these terms will end; and
(b) you must stop using the APP forthwith. POCKETFILLER reserves the right to suspend or cease providing any Service and shall have no liability or responsibility to the User in any manner whatsoever if it chooses to do so.
Any failure on the part of POCKETFILLER to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by POCKETFILLER of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C, without the prior written consent of POCKETFILLER. Subject to the foregoing, these T&C will be binding on the successors and permitted assignees of POCKETFILLER. Any assignment or transfer in violation of this clause will be deemed null and void.
Without limiting the foregoing, under no circumstances shall the Company be held liable for any damage, loss, loss of services of Platform, due to deficiency in provision of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in applicable regulations, including Reserve Bank of India regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.
POCKETFILLER reserves the right to update the App, in order to, interalia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to you on your Device for download and installation
You hereby agree to install the updates from time to time and acknowledge that POCKETFILLER will only be able to provide Account support for the App if you ensure to install all updates upon receiving notifications thereof when using the App.
This App and disclaimer shall be governed by and construed in accordance with all applicable laws of India. All disputes arising out of or relating to this disclaimer or use of this website shall be submitted to the exclusive jurisdiction of the courts of Ahmedabad.
By accessing this App and any of its webpages, it is deemed that you are agreeing to the terms set out above.