Terms and Conditions
Pocketly offers short-term loans pursuant to a written agreement between us and a customer establishing an open-ended credit plan under which we contemplate repeated non-commercial loans for personal, family, or household purposes, that are unsecured, without fixed maturities or limitations as to the length of term, and subjected to repayment in whole or in part at any time without penalty. These loans are intended to address short-term financial needs only, and are governed by the applicable laws of India. This document is an electronic record in terms of the Information Technology Act, 2000 and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE PORTAL OR USING THE SERVICE or its application, as well as to all information, recommendations and/or services provided to you on or through the Website, the Application or through the Customer Care(“CC”) services provided by any electronic or telephonic form. YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE POCKETLY PORTAL OR USE THE POCKETLY SERVICE. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN POCKETLY 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. The term 'You' refers to the user of our services, through the Website, the Application and the CC (“User”).These Terms, as amended and updated from time to time, constitute the entire agreement between the User(s) and Pocketly with respect to access to and use of the Website / Application / CC and the Services (as defined hereinafter), superseding any prior written or oral contracts in relation to the same subject matter herein.
1.1 Pocketly offers a technology platform for financial services, including, but not limited to, connecting potential loan seekers to loan providers, and creation and provision of data analytics based on (i) the contents of Short Messaging Service (“SMS”) messages on Your mobile telephone, (ii) Your mobile telephone contact list, (iii) Your call history, (iv) Your location as provided by your mobile telephone, (v) Your usage of other mobile applications, and (vi) Your download, installation, and usage (as applicable) of the Website, the Application, and the CC (collectively, the “Services”).
1.2 Pocketly technology platform, enables Users who seek to obtain loans (“Beneficiaries”) with certain lenders (“Benefactors”) who may be willing to provide such loans to such Beneficiaries.
1.3 Pocketly shall make reasonable efforts to connect Beneficiaries and Benefactors. The Services are subject to the availability of Benefactors/Beneficiaries.
1.4 By using the Website, Application, CC, or the Services, You hereby acknowledge that Pocketly is not a Benefactor or a Beneficiary. Pocketly is merely a service provider and facilitates the transaction between Benefactors and Beneficiaries.
1.5 Pocketly merely provides a marketplace platform for the Benefactor and the Beneficiary to transact on. Pocketly does not provide loans or deposits through the Services, nor does it provide financial advisory services in any manner. By continuing to use the Website, the Application, the CC, or the Services in any manner, you acknowledge and agree that Pocketly has not held itself out as a loan provider in any manner.
1.6 You acknowledge and agree that the relation between you and a Benefactor shall be subject to a contract between You and the Benefactor. Pocketly shall never be a party to such contract, and you hereby discharge Pocketly of any and all liability, claims, damages, or actions of any manner whatsoever that may arise out of any transactions you may enter into with a Benefactor.
User(s) means an individual who uses and has the right to use the Services provided by Pocketly. Our Services are available only to those individuals who have Indian citizenship and who can form legally binding contracts under the applicable law. Therefore, a User must not be a minor, of unsound mind or insolvent, as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use our Services and must be competent to enter into a valid contract. The User must hold Indian citizenship status, and Pocketly may ask the User to provide valid documents to prove the same.
Pocketly hereby advises You that while accessing the Website/Application, You must follow/abide all applicable laws. Pocketly is not responsible for the consequences of Your behaviour or negligence, misfeasance or malfeasance during use of the Website / Application / CC / Services. Pocketly at all times reserves the right to deny Services to You without any obligation to state the reasons for such withholding or withdrawal of Services.
USER INFORMATION, OFFERS AND PROMOTIONS
Pocketly collects general User data including name, email ID, phone number and other contact details, bank accounts details, access to the User’s SMS inbox records, contact list, and contact’s phone numbers, call history, location, usage of other mobile applications, and the User’s debit card, credit card, and bank details, and any other information as may be required, to facilitate the Services.
Furthermore, you hereby authorise Pocketly to use any information collected as a part of the User data, including your contact list and contacts’ phone numbers in order to apprise such contacts of the status of any loans you may have availed through the use of the Services, the repayment status of such loans, and any other related information.
You hereby agree to indemnify and hold harmless Pocketly, its directors, employees, agents, affiliates, and partners, from and against any and all claims or actions brought against them by any person listed on Your contact list whom Pocketly may contact in the manner described above.
You understand and agree that Pocketly may provide some or all of the information provided by You to any of its third party vendors, agents, contractors, or service providers, as may be necessary for Pocketly in the course of providing the Services, or maintaining or operating the Website, the Application, or the CC services, and hereby accord your consent for the same. Pocketly shall ensure that all such recipients of User information are bound by conditions of confidentiality at least as stringent as those that Pocketly agrees to bind itself by hereunder, but does not in any manner guarantee the security, confidentiality, or protection of such information by such third party vendors, agents, contractors, or service providers, nor does Pocketly extend any promise by way of indemnity or damages (liquidated or otherwise) to Users for any loss or unauthorised use of User information by such third party vendors, agents, contractors, or service providers.
It is assumed that all information collected from the You is correct and accurate. Misuse and misrepresentation of identity or contact details could lead to automated termination of Services or the use of the platform without prior notice to such Users.
User accounts bearing a unique identification are created and owned by Pocketly. Any promotional discounts, offers and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or malafide intent of the User. In the case where the system is unable to establish unique identity of the User against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. Pocketly reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever.
Pocketly may request You to submit certain details relating to your Aadhaar number and Aadhaar card as a part of the Services or any Transaction, or as a condition for your use of the Website / Application / CC / any other Service. By submitting the images of and from your Aadhaar card and the other information requested on the Website / Application, CC, or as part of any other Service, You: (i) give your consent to Speel Finance Company Private Limited and to Pocketly, (the “Authorised Persons”) to receive the images of your Aadhaar Card as well as the details set out on your Aadhaar card, including your Aadhaar number (the “Information”), for the purposes of confirming your identity (the “Purpose”), and to store and use such Information, for the Purpose, (ii) acknowledge and agree that such submission of the Information is voluntary on your part, and you have not been coerced or influenced to submit the same in any manner by the Authorised Persons or any other persons, and (iii) release the Authorised Persons and their directors, employees, agents, and subcontractors, from and against any and all liabilities, claims, or legal actions, including under privacy and data protection laws, as regards their receipt and use of the Information.
“If you do not wish to submit the Information, please do not proceed with the use of the Website, Application, CC, or any other Service provided by the Authorised Persons
You are advised to provide accurate information to Pocketly. Pocketly can verify the information that You have provided and choose to refuse Services or use of the Application / Website without providing any reasons thereof-
By using the Application or Website You agree that:
You have understood these Terms with Pocketly and You have clearly understood the terms and conditions of the Services.
You shall use the Application for personal purposes only.
You shall not assign or otherwise transfer your account to any other person or legal entity.
You shall not use the Services for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes.
You shall not use the Services to cause nuisance, annoyance or inconvenience.
You shall not impair the proper operation of the network, hack or illegally access any user data from the Website/Application or make any material change in the Website/ Application without the prior permission of Pocketly since any of these above acts will be construed as hacking or data theft under extant Indian laws
You shall not try to disrupt the provision of the Services to any User in any way whatsoever.
You shall not copy, or distribute the Application or other Pocketly content without written permission from Pocketly.
You shall keep Your account password information, or any other identification we provide You which allows access to the Services, confidential.
You shall provide us any proof of identity we may request, and as may be specified by the Reserve Bank of India (“RBI”) in relation to any Customer Due Diligence or Know-Your-Customer processes, as may be applicable.
You shall comply with all applicable law of Your city, state and the country while using the Wesbite, the Application, the CC, or the Services.
In addition to its other rights under these Terms, Pocketly reserves the right to immediately terminate the Services, if You do not comply with any of the above.
Pocketly may provide certain Services in relation to transactions between a Benefactor and Beneficiary, and while the terms of the agreement between such Benefactor and Beneficiary (the “Loan Agreement”) would govern such a transaction and the parties to such a transaction, the provisions of this Clause 6 govern the manner in which Pocketly shall provide such Services in relation to the transaction.
Users may earn reward/loyalty points based on their activities on the Website/Application. Pocketly may offer an option to redeem the reward/loyalty points for cash from pocketly and the same shall be transferred to the User's bank account. Pocketly may also offer the User certain other benefits based on their reward/loyalty points. The terms governing award of reward/loyalty points and conversion rate of the points shall be at the discretion of Pocketly and may be subject to change.
Pocketly shall have the sole discretion to remodel the rewards/loyalty points system and the manner of awarding, and allocation of, rewards points from time to time and shall have the sole discretion, right and power to choose to issue or withdraw reward/loyalty points or a separate category of points, identified by any other name, to Users based on their usage of the Website/Application or any other criteria such as referrals made, usage of referred Users, etc. The terms and scheme governing award of such points and mode and conditions for redemption of those points for cash or any other articles shall be decided and notified on the application and the Website by Pocketly from time to time and shall be subject to changes as per the sole discretion of Pocketly.
Users agree that in case of any delay in payment or non-repayment in relation to any Transaction, Pocketly may share the information of the User concerned with any third party via any medium (online or offline) for necessary remedial steps. Without prejudice to the generality of the foregoing, and notwithstanding anything contained in Clause 3 above, You agree that Pocketly may publish any information about You (other than any information that may be construed as sensitive personal data or information as defined under the SPDI Rules) on public websites, social networking websites, notice boards, or other public fora, and share such information with third parties, such as debt collection agencies, credit rating agencies, loan providers, banks, non-banking financial institutions, and any other third party that Pocketly in its sole discretion may determine appropriate and necessary, and that you do not have, and shall not raise at any time, any objection or action in relation to Pocketly publishing or sharing Your information in the manner described herein.
You understand and agree that any delay or failure in payment in relation to a Transaction as described above shall result in a loss of business and damage to Pocketly’s reputation; furthermore, you understand and agree that any such delay or failure in payment on your part shall result in damages to Pocketly, and Pocketly may take any legal actions as appropriate, to make good such damage, including, without limitation, recourse to courts of law under the appropriate laws, communicating directly with persons whose contact details Pocketly may have obtained from your phone address book as indicated in Clause 3 above in order to intimate them of your failure to make payment, or delay in payment, as well as any other action that Pocketly may, in its sole discretion, deem appropriate.
REPRESENTATIONS, WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY
Without prejudice to the above, Pocketly makes no representation or warranty that:
The Services will meet the User's requirements.
The Services will be uninterrupted, timely or error-free. Without prejudice to the above, Pocketly shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Users arising out of:
The use of the Service offered by Pocketly, including, but not limited to, direct, indirect, incidental, punitive, or consequential loss or damages.
the use of the Application, the Website, or the CC services for any reason whatsoever, including, but not limited to, the User's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Pocketly or any person or any organization involved in the above mentioned systems
REFUND AND CANCELLATION POLICY
Once a Benefactor offers a loan to a Beneficiary, the Benefactor is not entitled to a refund of the money offered so long as the Beneficiary accepts the offer, or a loan contract is created; a transaction cannot be cancelled thereafter. Once a Beneficiary accepts an offer for money and/or a loan contract is created in some other manner, the Benefactor is not entitled to a refund of the money and bound by the terms of the contract, and the transaction cannot be cancelled.
AMENDMENT TO TERMS
Pocketly shall be entitled to add to, vary or amend any or all these Terms at any time and You shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these Terms on the Website or the Application on the date that Pocketly may indicate that such addition, variation or amendment is to come into effect.
INTELLECTUAL PROPERTY RIGHTS
Pocketly is the sole owner or lawful licensee of all the rights to the Website/Application and its content. Website/Application content includes its design, layout, text, images, graphics, sound, video, etc. The Website/Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website/Application and its content shall remain with Pocketly, its affiliates or licensors of Pocketly content, as the case may be.
All rights not otherwise claimed under these Terms or any other terms, are hereby reserved. The information contained in the Website/Application is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Pocketly does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "Content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on the Website/Application, or the quality of any products, information or other materials displayed, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the Services.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in the Website/Application is provided "AS IS" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Pocketly and Speel Finance Company Private Limited, its directors, employees, agents, affiliates, or partners, be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Services. User(s) of the Website/ Application must hereby acknowledge that any reliance upon any Content shall be at their sole risk.
Pocketly clearly states that all information shared by the Users on or through the Website or the Application, shall upon such act of sharing, become part of the proprietary asset of Pocketly, and can be used/ commercially exploited by Pocketly in compliance with applicable laws, with no requirement of further consent from the disclosing User.
Pocketly reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Services.
All related icons and logos are registered trademarks or trademarks or service marks of Pocketly in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All Content on the Website/ Application is the copyright of Pocketly except any third party content and links to third party websites on our Website/Application.
Any systematic retrieval of Pocketly Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Pocketly is prohibited.
In addition, use of the Content for any purpose not expressly permitted in these Terms is prohibited and may invite legal action. As a condition of Your access to and use of Pocketly 's Services, You agree that You will not use the Website/ Application Services to infringe the intellectual property rights of others in any way. Pocketly reserves the right to terminate the account of any User(s) upon any infringement of the rights of others in conjunction with use of the Pocketly Services, or if Pocketly believes that any User(s) conduct is harmful to the interests of Pocketly, its affiliates, or other Users, or for any other reason in Pocketly's sole discretion, with or without cause.
CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
By clicking the “Login”, “Register”, or “I Agree” button, You consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by You when we send the electronic communication to Your email address / mobile number per our records, or when we post the electronic communication on the Application or the Website.
CHOICE OF LAW AND DISPUTE RESOLUTION
These Terms of Registration shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that any and all disputes arising from or relating to these Terms of Registration, the Application or the Website shall be resolved exclusively by arbitration under the Arbitration and Conciliation Act, 1996 and the governing law of such arbitration shall be Indian Law. The arbitral tribunal shall consist of a sole arbitrator to be appointed by Pocketly and the seat and place of such arbitration shall be Mumbai