PocketATM

TERMS & CONDITIONS

Use of the PocketATM Platform / PocketATM Services

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the PocketATM website located at PocketATM.in, and all associated sites linked to PocketATM.in, or the PocketATM mobile application or any similar platform (hereinafter collectively, the PocketATM Platform run by Optimoney Technologies Private Limited, having its registered office at 412, 4th Floor, 57/65, Om Niwas, 8th Lane, Mumbai Central, MH - 400008 (hereinafter collectively, PocketATM) on any device and/or before availing any services offered by PocketATM on the PocketATM Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by PocketATM on the PocketATM Platform (hereinafter individually, and collectively, the PocketATM Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all PocketATM Services, whether offered by PocketATM or its affiliates.

1. Acceptance

By registering on, accessing, browsing, downloading or using the PocketATM Platform for any general purpose or for the specific purpose of availing any PocketATM Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each PocketATM Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any PocketATM Service or any future service that may be offered by PocketATM on the PocketATM Platform. By registering on, accessing, browsing, downloading or using (as applicable) the PocketATM Platform or availing any PocketATM Service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the PocketATM Platform and immediately terminate your availing the PocketATM Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the PocketATM Platform or a customer or beneficiary of the PocketATM Services, and PocketATM. All services are rendered by PocketATM through the PocketATM Platform under the brand name “PocketATM” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, PocketATM, regarding Your use of PocketATM’s digital services, wallet services (if any provided), the marketplace service or any such other services which may be added on the PocketATM Platform and which will henceforth be a PocketATM Service, from time to time. The PocketATM Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, PocketATM grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the PocketATM Platform and/or avail the PocketATM Services.

2. Eligibility

The PocketATM Services are not available to persons under the age of 18 or to anyone previously suspended or removed by PocketATM from availing the PocketATM Services or accessing the PocketATM Platform. By accepting the T&Cs or by otherwise using the PocketATM Services on the PocketATM Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by PocketATM, or disqualified for any other reason, from availing the PocketATM Services or using the PocketATM Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, PocketATM reserves the right to suspend or permanently prevent You from availing PocketATM Services or using the PocketATM Platform.

3. Other Terms and Conditions

Additional terms and conditions may apply in order for You to avail specific PocketATM Services and to specific portions or features of the PocketATM Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the PocketATM Platform or for any PocketATM Service offered on or through the PocketATM Platform, the latter terms shall control with respect to Your use of that portion of the PocketATM Platform or the specific PocketATM Service. PocketATM may make changes to any PocketATM Services offered on the PocketATM Platform, or to the applicable terms for any such PocketATM Services, at any time, without notice. The materials on the PocketATM Platform with respect to the PocketATM Services may be out of date, and PocketATM makes no commitment to update the materials on the PocketATM Platform with respect to such PocketATM Services. The following terms also govern and apply to Your use of the PocketATM Platform, and they are incorporated herein by this reference:[links of privacy policy / any other policy in future to be inserted].

4. SSOID Service, Participating Platforms

PocketATM’s SSOID service offers You the convenience, after a one-time registration any PocketATM Platform, to sign on (log in) to all web pages and online platforms operated by PocketATM or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the SSOID Service, the user can log-in via each Participating Platform with his SSOID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations). The Participating Platforms that offer the SSOID as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which PocketATM’s SSOID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of PocketATM is solely responsible only for those content that it actually operates. For the SSOID service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The SSOID shall be owned and operated by PocketATM for use on all Participating Platforms. For the use of PocketATM’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform PocketATM immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then effected by the fact that PocketATM sends the user a confirmation by e-mail, in which a confirmation link is included next to the user name and the password for the SSOID Service. By the user clicking on this confirmation link, the user accepts PocketATM’s offer, so that in this way the SSOID Agreement enters into force. Conclusion of the SSOID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. PocketATM is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for PocketATM) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.

5. Communication Policy

By accepting the T&Cs, You accept the following:
  • PocketATM may send alerts to the mobile phone number provided by You while registering with the PocketATM Platform for the SSOID service or on any updated mobile number subsequently provided by You on the PocketATM Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
  • PocketATM will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from PocketATM as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the PocketATM Platform or availing any PocketATM Services. PocketATM shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold PocketATM liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
  • The SMS/e-mail alert/push notification service provided by PocketATM is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, PocketATM shall be immediately informed about the same by You and PocketATM will make best possible efforts to rectify the error as early as possible. You shall not hold PocketATM liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
  • The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. PocketATM shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
  • You will indemnify and hold harmless PocketATM and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which PocketATM or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the reference number or booking number from any third party and/or rescheduling from PocketATM and/or the SMS/e-mail service provider.

6. Use of PocketATM Platform

You understand that except for information, products or services clearly indicated as being supplied by PocketATM, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that PocketATM cannot and does not guarantee or warrant that files available for download through the PocketATM Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.
PocketATM assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction(s) on the payment date owing to any one or more of the following circumstances:

  • If the payment instruction(s) issued by You is/are incomplete, inaccurate, invalid and delayed;
  • If the payment account has insufficient funds/limits to cover for the amount as mentioned in the payment instruction(s);
  • If the funds available in the payment account are under any encumbrance or charge;
  • If Your bank or the National Clearing Centre refuses or delays honouring the payment instruction(s);
  • If payment is not processed by biller upon receipt;
  • Circumstances beyond the control of PocketATM (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force).

In case the payment is not effected for any reason, You will be intimated about the failed payment by us and by your card service provider.

7. Prohibited Conduct

By accessing or using the PocketATM Platform or by availing PocketATM Services, You agree not to:

  • violate the T&Cs;
  • Impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the PocketATM Services, perform any other similar fraudulent activity or otherwise avail PocketATM Services with what we reasonably believe to be potentially fraudulent funds;
  • Infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
  • Use the PocketATM Services if You are under the age of 18 years;
  • Post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
  • Post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
  • Refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to PocketATM;
  • Remove, circumvent, disable, damage or otherwise interfere with security-related features of the PocketATM Services and the PocketATM Platform or features that enforce limitations on the use of the PocketATM Services or the PocketATM Platform;
  • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards PocketATM Services or PocketATM Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
  • Use the PocketATM Services or the PocketATM Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the PocketATM Services or the PocketATM Platform in an automated manner;
  • Modify, adapt, translate or create derivative works based upon the PocketATM Services and the PocketATM Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
  • Intentionally interfere with or damage operation of the PocketATM Services or the PocketATM Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
  • Use any robot, spider, other automatic device, or manual process to monitor or copy the PocketATM Platform without prior written permission;
  • Interfere or disrupt the PocketATM Platform or networks connected to the PocketATM Platform;
  • Take any action that imposes an unreasonably or disproportionately large load on PocketATM’s infrastructure/network;
  • Use any device, software or routine to bypass the PocketATM Platform’s robot exclusion headers, or interfere or attempt to interfere, with the PocketATM Services;
  • Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the PocketATM Platform or to manipulate Your presence on the PocketATM Platform;
  • Sell the PocketATM Services, information, or software associated with or derived from it;
  • Use the facilities and capabilities of the PocketATM Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
  • Breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;
  • Provide false, inaccurate or misleading information;
  • Use the PocketATM Platform to collect or obtain personal information, including without limitation, financial information, about other users of the PocketATM Platform, except and only as expressly provided in the T&Cs;
  • Avail PocketATM Services with what PocketATM reasonably believes to be potentially fraudulent funds;
  • Use the PocketATM Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to PocketATM, a third party or You;
  • Use the PocketATM Services in a manner that PocketATM or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
  • Take any action that may cause PocketATM to lose any of the PocketATM Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
  • Send automated request of any kind to the PocketATM Platform without express permission in advance from PocketATM.

8. Digital Products Terms & Conditions

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the PocketATM website located at PocketATM.in, and all associated sites linked to PocketATM.in, or the PocketATM mobile application or any similar platform (hereinafter collectively, the PocketATM Platform) run by Optimoney Technologies Private Limited or any of its Affiliates, having its registered office at at 412, 4th Floor, 57/65, Om Niwas, 8th Lane, Mumbai Central, MH - 400008 (hereinafter collectively, PocketATM or PocketATM) on any device and/or before availing any digital products related services offered by PocketATM on the PocketATM Platform (hereinafter, individually PocketATM Digital Service and collectively, the PocketATM Digital Services).

9. Eligibility

The PocketATM Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by PocketATM from availing the PocketATM Digital Services or accessing the PocketATM Platform. By accepting the T&Cs or by otherwise using the PocketATM Digital Services on the PocketATM Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by PocketATM, or disqualified for any other reason, from availing the PocketATM Bill Payment and Digital Goods Services or using the PocketATM Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, PocketATM reserves the right to suspend or permanently prevent You from availing PocketATM Digital Services or using the PocketATM Platform.

10. Digital Services

PocketATM provides a marketplace for you to to withdraw, manage and keep a record of your cash / currency. PocketATM is not an automated teller machine (ATM) or any services relating to an ATM machine or any other banking or financial services related to withdrawal of cash / cash equivalent. PocketATM is a provider of a marketplace wherein the users can connect with other users to independently solve cash management issues which was/is customarily available to the users independent to the PocketATM Platform. In order to provide certain services, PocketATM has partnered with business partners to enable such services through the PocketATM Platform. Please see the relevant links on the PocketATM Platform for more information. The terms and conditions in relation to digital products set out below are applicable to and binding on You in conjunction with the SSOID terms and conditions already accepted by You. Each SSOID term or condition is applicable to and binding on You, or any of Your activities on the PocketATM Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned herein below includes the terms and conditions in relation to bill payments and digital products set out below and the SSOID terms and conditions as well as other service-specific terms and conditions in relation to PocketATM Services or PocketATM Platform.

11. Refund Policy

You hereby acknowledge and agree that all monetary transactions carried out on the PocketATM platform are directly made to a third party user, and no payment is made to PocketATM. Further, PocketATM Platform is only providing a platform with links to enable you to complete the transaction. Once the transaction is carried out, the refund policy and grievance policy of the card / QR code service provider through which such transaction was are carried out by you will be applicable. In case of any fraudulent transaction, the user should immediately raise a ticket with its relevant banks / financial institutions, its card service provider and inform local governmental authorities. It is hereby agreed by the user that as no payment is made to PocketATM, no refund can be sought from PocketATM.

12. Coupon Redemption

In addition to the T&Cs, coupon redemption is subject to standard and specified terms and conditions mentioned by respective retailers. Coupons are issued on behalf of respective retailers. Hence, any damages, injuries, losses incurred by the You as a result of using the coupon is not the responsibility of PocketATM and its affiliates, and each of their directors, officers, employees. This term supersedes any offer related to any other PocketATM Service.

13. Termination; Agreement Violations

You agree that PocketATM, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the PocketATM Services/PocketATM Platform and remove and discard on the PocketATM Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. PocketATM may also in its sole discretion and at any time discontinue providing access to the PocketATM Services, or any part thereof, with or without notice. You agree that any termination of Your access to the PocketATM Services/PocketATM Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that PocketATM will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies PocketATM may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the PocketATM Services/PocketATM Platform.

14. Limitation of Liability and Damages

In no event, PocketATM or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the PocketATM Services, the PocketATM Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the PocketATM Services, the PocketATM Platform (including any and all materials) or any reference sites/app/platform/service, even if PocketATM or a PocketATM authorized representative has been advised of the possibility of such damages. In no event, PocketATM directors, employees, agents, will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the PocketATM Services, the PocketATM Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the PocketATM services, the PocketATM Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with PocketATM, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the PocketATM Service or the PocketATM Platform giving rise to the cause of action, or beyond or in excess Rs, 5,000, whichever is less. You acknowledge and agree that PocketATM has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and PocketATM, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and PocketATM. PocketATM would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, PocketATM’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

15. Indemnification

You agree to indemnify, save, and hold PocketATM, its affiliates,  employees, officers, directors, , and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the PocketATM Services or of the PocketATM Platform; (ii) any violation by You of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. PocketATM reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify PocketATM, including rights to settle, and You agree to cooperate with PocketATM’s defense and settlement of these claims. PocketATM will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

16. Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, PocketATM and its third-party partners, disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from PocketATM or through the PocketATM Services or the PocketATM Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “PocketATM” includes PocketATM’s officers, directors, employees, representatives and partners. You acknowledge that PocketATM is a marketplace and is not liable for any third party obligations. You expressly agree that use of the PocketATM Services on the PocketATM Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. PocketATM does not warrant that the PocketATM Services will be uninterrupted or error-free or that defects in the site will be corrected. The PocketATM Services and the PocketATM Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. PocketATM, and its partners do not warrant that the data, PocketATM software, functions, or any other information offered on or through the PocketATM Services/PocketATM Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. PocketATM and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the PocketATM Services/PocketATM Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the PocketATM Services/PocketATM Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will PocketATM be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the PocketATM Platform.

17. Ownership; Proprietary Rights

The PocketATM Services and the PocketATM Platform are owned and operated by Optimoney Technologies Private Limited. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the PocketATM Services and the PocketATM Platform provided by Optimoney Technologies Private Limited (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and PocketATM, all Materials, trademarks, service marks, and trade names contained on the PocketATM Platform are the property of PocketATM. You agree not to remove, obscure, or alter PocketATM or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the PocketATM Services/PocketATM Platform. Except as expressly authorized by PocketATM, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. PocketATM reserves all rights not expressly granted in this Agreement. If You have comments regarding the PocketATM Services and/or the PocketATM Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to PocketATM, and shall assign to PocketATM, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

18. Modification of this Agreement

PocketATM reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the PocketATM Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the PocketATM Platform, availing the PocketATM Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the PocketATM Services/PocketATM Platform. For certain changes, PocketATM may be required under applicable law to give You advance notice, and PocketATM will comply with such requirements.Your continued use of the PocketATM Platform following the posting of changes will mean that You accept and agree to the changes.

19. Notice

PocketATM may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the PocketATM Platform or by any other reasonable means. Except as otherwise set forth herein, notice to PocketATM must be sent by courier or registered mail to at 412, 4th Floor, 57/65, Om Niwas, 8th Lane, Mumbai Central, MH – 400008.

20. Waiver

The failure of PocketATM to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by PocketATM.

21. Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any PocketATM Service or the PocketATM Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, PocketATM may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Mumbai and the language of this arbitration shall be English. Either You or PocketATM may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai necessary to protect the rights or the property belonging to You or PocketATM (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor PocketATM may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and PocketATM. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

22. Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against PocketATM must be resolved by a court having jurisdiction in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

23. Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

24. Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

25. Headings

The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

26. Entire Agreement

This Agreement is the entire agreement between You and PocketATM relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by PocketATM in accordance with the terms of this Agreement.

PRIVACY POLICY

We collect and generate various data points about you.
Data by which you are identified is termed as “Personal Data”. Personal Data does not include any information that is freely available or accessible in public domain.
Your Privacy is of utmost importance to us and protection of your Personal Data is a key commitment for us.
We are also governed by the Banking Codes and Standards Board of India and Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 to maintain the privacy of your Personal Data.

I. Personal Data

Personal Data we may collect from you are as under:
  • Personal details (e.g. name, contact details, residential address, date of birth, documents such as identity card / passport details / Aadhaar details / PAN / Voter ID / driving license, and/or education details) needed to open account with us and/or avail other services from us.
  • Your bank account details including transaction history, balances, payment details, for effecting transfer of monies through various payment channels provided by us.
  • Financial details (e.g. income, expenses, and/or credit history) needed as part of application request for some of our services;
  • Images of documents/ photos required to open and maintain bank account with us and/or avail our services from us.
  • Voice recordings of our conversations with our customer care agent with you to address your queries/grievances;
  • Employment details (e.g. occupation, positions held, employment history, salary and/or benefits) as part of our record retention for Central KYC Records Registry (CKYCR) purposes under Prevention of Money Laundering (Maintenance of Records) Rules, 2005
  • Specimen signature(s) for processing of your instructions received by us through our various payment channels;
  • Opinions provided by you to us by way of feedback or responses to surveys;
  • Information obtained from your mobile device by way of using our app like device location, communication information including contacts and call logs, device information (including storage, model, mobile network), transactional and promotional SMS/app notifications.

II. Consent

By continuing to use the platform you hereby consent that we may use your Personal Data for any purpose as provided in this Policy.

III. Sharing of your Personal Data

Any Personal Data that we have access to shall never be shared without your consent and In various processes / submission of applications / availment of product offerings, we shall seek your explicit consent to use / share your Personal Data.
In our business and operational processes, we only share the data on a partial and “need-to-know” basis to designated personnel or partners or service providers.
However, we will share your data with competent/ legal/statutory/regulatory agencies / authorities or partners/ service providers acting on our behalf (as the case may be) in following cases:
  • Only for enabling the provision of the services availed by you, strictly on a “need to know” basis and subject to applicable laws.
  • It is directed or required by legal/regulatory / statutory / governmental authorities under applicable laws/regulations though a legally obligated request.
  • It is required by banks/financial institutions to verify, mitigate or prevent fraud or to manage risk or recover funds in accordance with applicable laws/regulations.
  • Only for enabling us to provide you with the information about our or third partners’ products and services in order to enable you to subsequently avail of the same, if desired by you.
  • Only for enabling us to provide you with improved services and their security and service quality;

If other users already have your phone number or other information that identifies you, we may show them your availability on the platform / application, as a possible recipient of funds, including your profile picture, KYC verified name as available on the app or in your contacts

IV. Usage of Your Personal Data

We use your Personal Data for providing our or our partners’ products/services and to perform, among other actions, the following:
  • to facilitate the transactions or report on these transactions;
  • to undertake research and analytics for offering or improving our services and their security and service quality;
  • to check and process your applications submitted to us for banking services and/or instructions or requests received from you in respect of these services;
  • to share with you, updates on changes to the services and their terms and conditions;
  • to take up or investigate any complaints/claims/disputes;
  • to respond to your queries or feedback submitted by you;
  • to verify your identity for us to provide services to you;
  • to carry credit checks, screenings or due diligence checks as lawfully required by us;
  • to monitor and review banking services from time to time;
  • to undertake financial/regulatory/management reporting, and create and maintain various risk management models;
  • for conducting audits and for record keeping purposes;
  • for selective offers and promotions.

We also use your Personal Data to fulfill the requirements of applicable laws/regulations and/or court orders/regulatory directives received by us.

V. Cookie Policy

  • Please note that a "cookie" is a small piece of information stored by a web server on a web browser so it can be later read back from that browser.
  • We may use cookie and tracking technology depending on the features offered.
  • No Personal Data will be collected via cookies and other tracking technology; however, if you previously provided Personal Data, cookies may be tied to such information.

VI. Links to other websites

Our website may contain links to other websites which are not maintained by us. This privacy policy only applies to us. You are requested to read the other websites’ privacy policies when visiting these websites.

VII. Reasonable Security Practices and Procedures

We take various steps and measures to protect the security of your Personal Data from misuse, loss, unauthorised access, modification or disclosure. We use latest secure server layers encryption and access control on our systems. Our safety and security processes are audited by a third party cyber security audit agency from time to time.
We have provided multiple levels of security to safeguard your app by Login/Logout option and AppLock feature that can be enabled by you. We also ensure the device binding so that the same login cannot be used on different device without any additional authentication/OTP. Please do not share your login, password and OTP details with anybody.

VIII. Contact us

You may contact us on any aspect of this policy or for any discrepancies/grievances with respect to your Personal Data, by writing to us at admin@pocketatm.in.

IX. Policy Review & Updates

This policy will be reviewed by us as and when required and the same may change at any time. The latest & most updated policy can always be found at www.pocketatm.in
This privacy policy is subject to change based on business, legal and regulatory requirements. You are kindly advised to review the policy periodically to keep yourself abreast of any changes to the policy.
In this policy, the words “we”, “ours” and/or “us” refer to Optimoney Technologies Private Limited and “you” and/or “your” refer to our users.



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