Pocketly

Website Usage Terms and Conditions

These terms and conditions of use (“Terms”) along with the privacy policy (“Policy”) forms a legally binding agreement (“Agreement”) between you (hereinafter referred to as “you” or “your” or “user”) and Pocketly Infotech Private Limited (hereinafter referred to as “Pocketly” or “our” or “we” or “us”).

We recommend that you spend time reading these Terms and the policy before accessing our services on www.pocketly.in (“Website”). Please reach out to us at care@help.pocketly.in if you have any questions regarding the same. We will try our best to answer your queries.

This Agreement is a computer-generated electronic record published in terms of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 read with Information Technology Act, 2000 and does not require any physical or digital signatures.

Pocketly offers short-term loans pursuant to a written agreement between us and a customer establishing a borrower-lender relationship between the users of the Pocketly app and the Lending Partners of the Company. Pocketly offers the loan products of various NBFC’s that are unsecured, with fixed tenures, and subjected to repayment in whole.

These loans are intended to address short-term financial needs only, and are governed by the applicable laws of India.

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.

DEFINITIONS AND INTERPRETATION

Capitalized terms, not defined elsewhere in this Agreement, shall mean as follows:

“Lending Partner” means any non-banking financial company(s) or bank/non-bank partner(s) of Pocketly that sanctions Loans to our users.
“Loan” shall mean the extension of credit by Pocketly and the Lending Partner subject to terms and conditions of a loan agreement.
“Person” shall mean any natural person, company, corporation, partnership, proprietorship, trust, union, association, government or any agency thereof or any other entity that may be treated as a person under applicable law.

USER APPROVAL

By using Pocketly’s services and Website, you expressly agree and consent to be bound by this Agreement.
You must be eighteen (18) years of age or above to accept this Agreement.
You understand that if you do not agree with the terms of this Agreement, you must immediately discontinue the use of and cease to access the Website and any other services provided by us.
This Agreement shall govern the relationship of each user with Pocketly. However, Pocketly and its Lending Partners may also execute separate written agreements such as loan agreement with its users. In case of conflict between terms of such separate written agreement and this Agreement, the terms of the separate written agreement shall prevail.

PROVISION OF THE WEBSITE

Pocketly allows its users to apply for a Loan subject to fulfilment of terms and conditions laid down in its mobile application. You agree and understand that your Loan is going to be sanctioned by the Lending Partner and governed by the loan agreement executed with it.
Pocketly or the Lending Partner reserve the right to reject any of your Loan applications even if you have previously been issued a Loan by our App.
We may stop provision of the Website permanently or temporarily, to you or to users generally or may modify or change the nature of the Website and/or this Agreement at our sole discretion, without any prior notice to you. Your use of the Website following any such modification constitutes your deemed acceptance to be bound by the Agreement (or as it may be modified).
You agree that you are responsible for all data charges you incur through use of the Website.

POCKETLY SERVICES

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 location as provided by your mobile telephone, (iii) Your usage of other mobile applications, and (iv) Your download, installation, and usage (as applicable) of the Website, the Application(collectively, the “Services”).
By using the Website, Application, or the Services, You hereby acknowledge that Pocketly is not a Lender or a Borrower. Pocketly is merely a service provider and facilitates the transaction between Lenders and Borrowers.
Pocketly merely provides a marketplace platform for the Lender and the Borrower 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.
You acknowledge and agree that the relation between you and a Lender shall be subject to a contract between You and the Lender. 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 Lender.

USER INFORMATION, OFFERS AND PROMOTIONS

Pocketly collects general User data including name, email ID, phone number and other contact details, bank accounts details, location, usage of other mobile applications, and the User’s bank details, and any other information as may be required, to facilitate the Services, on a need basis only. The type of information collected by Pocketly is dependent on the nature of the Services being provided, and all types of information specified above may not be collected for the provision of all Services. Pocketly may use any information it collects from You to improve, maintain, provide, and make more secure the Services, the Website and the Application. Pocketly may also, without Your further consent, use any information provided by You for administrative purposes, including notifying You of any updates to these Terms or its Privacy Policy. Certain types of information provided by You may constitute sensitive personal data or information as defined under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“the SPDI Rules”), and You hereby give your consent (as described in the SPDI Rules) to Pocketly to use any information provided by you for the purposes full described in the privacy policy. 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 required for Pocketly to enable it to provide the Services, or maintaining or operating the Website and the Application and hereby accord your consent for the same. It is assumed that all information collected from 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 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.

USAGE CONDITIONS

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, or the Services.

YOUR AGREEMENT WITH POCKETLY

Nothing in this Agreement should be construed to confer any rights to any third-party Person. You are liable for your content, conduct and activities while using the Website, and for any consequences thereof.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
We may choose to not act with respect to a breach of this Agreement by you or others, but this does not mean that we cannot act with respect to subsequent or similar breaches. Our intended or unintended failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.

USING THE WEBSITE

You will use the Website only for such purposes as is permitted by this Agreement or applicable law.
For your use of the Website, Pocketly grants you a limited, non-exclusive, non-transferable right to install and use the Website on your web browser. However, you shall not copy the Website or any of its components.
If you provide any information that is untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate, not updated or incomplete), or Pocketly has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, Pocketly has the right to suspend or terminate any and all current or future use by you of the Website (or any portion thereof).

RESTRICTIONS ON YOUR USE

You will not access (or attempt to access) the Website and/or the content provided through the Website by any means other than through the Website, unless you have been specifically allowed to do so in a separate written agreement with Pocketly.
You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Website or any component or content thereof, available to third parties.
You will not circumvent or disable any digital rights management, usage rules, or other security features of Website; remove, alter, or obscure any proprietary technology on any portion of the Website; and not use the Website in a manner that threatens the integrity, performance, or availability of the Website.
You will not engage or attempt to engage in any activity that may:
- reverse engineer, decompile or otherwise extract the source code related to the Website or any part thereof, unless it is expressly permitted by Pocketly to you in writing or is required by the applicable law;
- use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Website or content thereof;
- collect information about Pocketly’s users for any illegal or unlawful purpose;
- transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Website;
- use the Website in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Website;
- carry out any denial of service or any other harmful attacks on the Website or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Website or any part of the Website or any user of the Website; and
- obtain any materials or information through any means not intentionally made available, in the opinion of Pocketly, through the Website.

CANCELLATION OF LOAN POLICY

Once a Lending Partner offers a loan to a Borrower, the Lending Partner is not entitled to a refund of the money offered so long as the Borrower accepts the offer, or a loan contract is created; a transaction cannot be cancelled thereafter.

TERMINATION

We may terminate your access to the Website if:
- We are required to do so by law (for example, where the access to and/or provision of the Website to you becomes, unlawful); or
- The provision of Website to you, is no longer commercially viable or feasible for us; or
- We otherwise reasonably believe you have misused the Website or any of its services or for any other reason in our sole discretion; or
- You breach this Agreement.
We may terminate this Agreement at any time, with or without notice and may disable your access to the Website and/or bar you from any future use of the Website.
You may terminate this Agreement at any time by terminating your access to the Website. However, your certain obligations under this Agreement shall continue to prevail even on such termination.
Upon termination of this Agreement, all of the legal rights, obligations and liabilities that you and Pocketly have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.

INTELLECTUAL PROPERTY

Your use of the Website is, and at all times will be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You will be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by your use of the Website through your device.
Pocketly owns and retains all the intellectual property rights to the content made available to you through the Website by Pocketly but does not claim ownership rights to the original sources of information, which are instead held by the sites to which the Website may link you.
All trademarks, brands and service marks of the Website are the property of Pocketly only. Pocketly owns all of the copyrights and database in relation to the Website.
Any intellectual property which is not specifically mentioned to be owned by Pocketly is owned by their respective owners. The owners have a right to take appropriate action(s) against you for violation relating to their intellectual property.

PRIVACY

Our policy sets out the details of the nature of information we collect and how we use, share or otherwise process such information. By using the Website, you agree that we can use such information according to the Policy.

LIMITATION OF LIABILITY AND INDEMNIFICATION

Your use of the Website, or any content available thereof is entirely at your own option and risk and we shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to your use of the Website or any content thereof.
You shall defend, indemnify and hold Pocketly, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from your breach of any rules, regulations and/or orders under any applicable law.
You are responsible for any breach of your obligations under the Agreement and/or for the consequences of any such breach.

NO WARRANTIES

We shall make our best efforts to make the Website available to you in the best possible manner. However, we disclaim all warranties in relation to the Website, whether express or implied, including but not limited to:
- the Website being constantly available without disruptions, delay or errors;
- your personal ability to use the Website and its compatibility with all devices and all networks;
- that the Website and the contents thereof are accessible in every location; or
- that the Website and the contents would be perpetually secure and not prone to breaches of security anywhere in the world.
Pocketly, its officers, directors, employees, affiliates, agents and any other service provider responsible for providing access to the Website in connection with this Agreement will not be liable for any acts or omissions, including of a third party Person, and including those vendors participating in Pocketly's offerings made to you, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties Persons, or for damages associated with Pocketly, or equipment that it does not furnish, or for damages that result from the operation systems, equipment, facilities or services provided by third parties Persons that are interconnected with Pocketly.
We are not liable for any losses that may occur as a result of the acts or omissions of the Lending Partner.

GOVERNING LAW AND DISPUTE RESOLUTION

You are responsible for compliance with the laws applicable to you wherever you access the Website. This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Nagpur, India.

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.

NOTICES

Pocketly may post notices within its mobile application/Website or send you notices on the e-mail address or the telephone number that you may have shared with us. You will be deemed to have received such notices within 3 (three) days of us sending the notice. Your continued use of the mobile application/Website on expiry of such 3 (three) days shall constitute your receipt and acceptance of the notices sent to you.

EFFECTIVE DATE:

December 1, 2019

LAST MODIFIED DATE:

January 10, 2023