Terms & Conditions

Last Updated: 30 September, 2024

1. Usage of Pockets App

Please read these Terms and Conditions (“Terms” or “Terms of Use”) carefully before using the https://www.pocketsapp.com and https://www.pocketsapp.in website and the Pockets App mobile application, along with any of its services, features, and sub-pages (“Services” or “Pockets App”). By using this application or any service offered by us, you confirm that you have read the following terms and agree to be bound by them. Your access to and use of the website and mobile application are conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors and users others who access or use the website or mobile application in any manner.

(a) Any person/user accessing the Pockets App to participate in the various plans or offers available across the Pockets App shall be bound by these Terms and Conditions, along with all other rules, regulations, and terms of use referenced herein or provided by Pockets App in relation to any services.

(b) Modifications—Pockets App reserves the right to modify these Terms and Conditions, rules, regulations, and terms of use referenced herein at any time by posting updates on the Pockets App. Use of the Pockets App in any manner constitutes the user’s acceptance of such Terms and Conditions, rules, regulations, and terms of use as may be amended. Pockets App may, at its discretion, notify users of significant changes via in-app notifications. Users may then indicate non-acceptance of the modified Terms within the prescribed timeframe. If such options are not exercised, users will be deemed to have accepted the modified Terms.

(c) Pockets App may, at its sole discretion:

-Restrict, suspend, or terminate any user’s access to all or any part of the Pockets App.
-Change, suspend, or discontinue any part of the services.
-Reject, move, or remove any material submitted by a user.
-Move or remove any content available on the Pockets App Platform.
-Deactivate or delete a user’s account and all related information and files.
-Establish general practices and limits concerning the use of the Pockets App Platform.
-Assign its rights and liabilities regarding all user accounts to any entity (with prior notification sent to users).

(d) If a user breaches these Terms, or if Pockets App reasonably believes a user has breached these Terms or improperly used the Pockets App services, Pockets App may, without notice, restrict, suspend, or terminate such user’s access, deactivate their account, delete any posted content, and take necessary technical and legal action.

(e) Pockets App actively detects policy breaches and maintains a strict ‘one user, one Adhaar and one PAN card’ policy. It ensures that the platform is used solely for sales and promotions, and not for transferring funds or conducting illegal transactions.

(f) Users consent to receiving communications such as announcements, administrative messages, and advertisements from Pockets App or any of its users, influencers and partners.

2. User Conduct

(a) Users agree to abide by these Terms and all other rules and regulations. If a user fails to comply, Pockets App may take necessary remedial action, including:

-Restricting, suspending, or terminating any user’s access to the Pockets App Services.
-Deactivating or deleting a user’s account. Any unused balance will be transferred to the user’s bank account, subject to any applicable processing fees.

(b) Pockets App cannot delete user data upon account deletion, as we must maintain details of subscribed plans and transactions.

(c) Users must provide true, accurate, current, and complete information during registration and keep it updated.

(d) Users agree to mark Pockets App’s communications as safe to avoid missing important messages.

(e) Any OTP issued must not be shared. Users are responsible for keeping their account credentials confidential and must report any unauthorized access immediately.

(f) Users must log out after each session; Pockets App is not responsible for any loss resulting from a failure to do so.

(g) Users must not use cheats, exploits, unauthorized software, or engage in any activity that modifies or interferes with the Pockets App Services.

(h) Without Pockets App’s express written consent, users shall not modify any part of the Pockets App’s Services.

(j) Users agree not to initiate any attacks against the Pockets App, including viruses or denial of service attempts.

(k) Users shall not attempt unauthorized access to accounts, servers, or networks related to the Pockets App.

(l) Users agree not to use the Pockets App for any of the following:

-Engaging in inappropriate, offensive, or abusive actions.
-Transmitting inappropriate or unlawful content.
-Distributing viruses or harmful software.
-Sending unsolicited advertising or spam.
-Falsifying any content related to authorship or origin.
-Impersonating any person or entity.

(m) Pockets App reserves the right to change usernames that are deemed inappropriate or offensive without prior notice.

(n) Unauthorized access to the Pockets App is a breach of these Terms and a violation of the law. Users agree to use the Pockets App only through the provided interface.

(o) Use of the Pockets App is subject to all applicable laws. Nothing in these Terms limits Pockets App’s right to comply with governmental requests or legal processes.

(p) Users under the age of eighteen (18) are not permitted to participate in any activities on the Pockets App Platform.

3. Registration

To register on the Pockets App, participants must confirm the following:

-Full name
-Mobile Number
-E-mail ID
-Agreement to the Terms & Conditions

4. Eligibility

(a) Pockets Kitty offers are open only to individuals aged 18 and older.

(b) Pockets Kitty offers are available only to residents of India.

(c) Participants must possess a valid Phone number, Email ID, Adhaar details, PAN details, Bank account and UPI Id details.

(d) Only those who successfully register will be eligible to subscribe to Kitty offers.

5. Pockets App Services

We offer digital products and services across four main categories:

-E-Books–Instant Download
-Kids Books–Instant Download
-Digital Courses–Instant Download
-Promotional Offers–Updated time to time

6. Pockets Kitty Offers and Payment Terms

7. Referral/Bonus Program

Users can earn ₹100 for each referral. Pockets App reserves the right to change or discontinue the referral program without liability to pay bonuses after the change.

If a user’s account is deactivated or suspended, no referral bonuses will be payable from that point onwards. More information regarding the bonus/referral program is available in the Pockets App.

8. General Conditions

If Pockets App becomes aware that any governmental, statutory, or regulatory compliance is required for conducting any service, it may withdraw or cancel such service without prior notice, and users agree not to claim compensation for such cancellation.

9. User’s Responsibility

By using Pockets App and its services, you acknowledge your responsibility for the terms and conditions set forth herein. Each user is limited to one account and one phone number. The use of multiple wagering accounts is deemed cheating.

Users understand that hacking the Pockets App through any means, including software, is strictly prohibited. Legal action will be taken under Section 43 and Section 66 of the IT Act for civil and criminal offenses related to data theft or hacking. Any attempt to hack the application will be considered illegal, and we will pursue legal action against the offender.

10. Intellectual Property Rights

(a) The Pockets App consists of a combination of content created by Pockets App. The “Intellectual Property Rights” in all software and materials published on the Pockets App, including but not limited to kitty offers, activities, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, and flash animations, are owned by Pockets App. Users may not modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, publicly perform, publicly display, or exploit any materials or content on the Pockets App, either in whole or in part, without the express written permission of Pockets App.

(b) Users are solely responsible for all materials (publicly posted or privately transmitted) that they upload, post, transmit, or otherwise make available on the Pockets App. Each user warrants that they own all Intellectual Property Rights in their content and that it does not infringe on any third-party rights. Users also agree not to display or use any third-party names, logos, trademarks, copyrights, or other intellectual property on the Pockets App.

(c) Users agree to indemnify and hold harmless Pockets App, its partners, employees, affiliates, and assigns against all costs, damages, losses, and claims, including litigation costs and counsel fees, arising from any third-party claims related to the display or use of third-party intellectual property on the Pockets App.

(d) Users grant Pockets App and its users, influencers, affiliates and partners an irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works, distribute, publicly perform, publicly display, transfer, transmit, and/or publish users’ content for the following purposes:
-Displaying users’ content on the Pockets App.
-Distributing users’ content, either electronically or via other media, to other users.
-Storing users’ content in a remote database accessible to end users for a charge.
This license applies to the distribution and storage of users’ content in any form or medium.

(e) All names, logos, marks, labels, trademarks, copyrights, or other intellectual property on the Pockets App belonging to any person, entity, or third party are recognized as proprietary to their respective owners. Any claims or issues related to these must be directed to the respective parties, with notice to Pockets App.

11. Limitations of Liability

You agree to take reasonable precautions when using any services provided by Pockets App. The Pockets App is made available on an “as is” and “as available” basis.

Under no circumstances shall Pockets App be liable for any loss or damage sustained by users or any other parties during access to the Pockets App services. In no event shall Pockets App be liable for any damages, whether direct, indirect, special, exemplary, compensatory, consequential, or incidental, arising from your conduct or the conduct of anyone else in connection with the use of the service. Pockets App assumes no liability for any errors or omissions, whether on its behalf or on behalf of third parties. Users are solely responsible for any consequences arising from their access to Pockets App services, including illegal acts or non-conformity with these Terms and Conditions. Users also agree to indemnify Pockets App and its partners, employees, and Influencers for any losses or damages resulting from such actions.

Users shall indemnify, defend, and hold Pockets App harmless from any third-party claims arising from their engagement with the Pockets App. In no event shall Pockets App be liable for any acts or omissions arising from users’ engagement.

12. Third-Party Sites and Services

(a) The Pockets App may contain links to other internet sites owned and operated by third parties. Users’ use of these sites is subject to the conditions posted by those sites. The Pockets App does not exercise control over any internet sites apart from its own and cannot be held responsible for any content residing on third-party sites. The inclusion of third-party content or links by the Pockets App does not imply endorsement of such third-party sites.

(b) Users’ correspondence, transactions, or related activities with third parties, including payment providers and verification service providers, are solely between the user and that third party. Users’ interactions with third parties shall be subject to the terms, conditions, and policies adopted by those parties. Users are solely responsible for reviewing these terms prior to engaging with any third-party services. The Pockets App is not responsible or liable for any loss or damage incurred as a result of transactions with third parties. Any questions, complaints, or claims related to third-party products or services should be directed to the respective vendors.

(c) The Pockets App contains both content created by the Pockets App and content provided by third parties. The Pockets App does not guarantee the accuracy, integrity, or quality of third-party content, and such content should not be relied upon when using the services offered by the Pockets App, including participation in any contests hosted on the platform.

13. Reviews, Feedback, Ratings, and Submissions

By submitting ratings, feedback, reviews, comments, ideas, suggestions, or any other submissions (collectively referred to as “Submissions”) on any section of the Pockets App, you grant us ownership rights over these submissions. We retain exclusive rights to use, modify, delete, reproduce, publish, distribute, or create derivative works from any submissions made by users.

However, we are not responsible for any infringements of terms of use, copyrights, trademarks, privacy rights, etc., arising from user submissions. We are under no obligation to protect or maintain the privacy of user submissions or to respond to or compensate for any submissions made. The Pockets App cannot be held liable for any abusive, offensive, indecent, threatening, unlawful, or obscene submissions made by users.

14. Privacy Policy

All information collected from users, including registration and financial information, is subject to the Pockets App’s Privacy Policy, which is available on our website.

15. Miscellaneous

The Pockets App may be required by law to notify users of certain events. Users acknowledge and consent that such notices will be effective upon being posted on the Pockets App or delivered to the user’s email address provided at registration. If accurate information is not provided, the Pockets App cannot be held liable for failure to notify the user.

The Pockets App shall not be liable for any delay or failure to perform due to causes outside its reasonable control, including but not limited to unforeseen circumstances, acts of God, war, terrorism, riots, embargoes, or civil or military authorities. In such cases, the Pockets App is entitled to cancel any related services and issue appropriate refunds to participants.

The failure of the Pockets App to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Users agree that, regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Pockets App or these Terms must be filed within thirty (30) days of the claim or cause of action arising, or be forever barred.

The Pockets App reserves the right to permanently close or temporarily suspend any services at its sole discretion.

16. Dispute and Dispute Resolution

The courts of competent jurisdiction in Ghaziabad or Delhi NCR shall have exclusive jurisdiction over any disputes arising from the services provided by the Pockets App, including the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of the users.

In the event of a legal dispute, the party raising the dispute must provide written notification to the other party. Upon receipt, both parties shall attempt to resolve the dispute amicably through discussions. If unresolved within thirty (30) days, the dispute shall be settled by arbitration.

The arbitration shall take place in Ghaziabad or Delhi NCR, India, conducted in English or Hindi, and in accordance with the Arbitration and Conciliation Act, 1996, or as amended.

The arbitration award will be final and binding, with each party bearing its own arbitration costs and equally sharing the arbitrator’s fees unless the arbitrator decides otherwise. The arbitrator shall be empowered to issue interim orders.

Nothing in these Terms shall prevent the Pockets App from seeking interim or permanent equitable or injunctive relief in any court of competent jurisdiction to safeguard its interests prior to or during arbitration proceedings.

17. Disclaimers

To the extent permitted by law, neither Pockets App nor its partners, affiliates, Influencers, professional advisors, or employees shall be responsible for the deletion, failure to store or untimely delivery of any information or materials.

To the extent permitted by law, Pockets App shall not be liable for any harm resulting from downloading or accessing any information or material, the quality of servers, or the services or sites associated with Pockets App. Pockets App disclaims any responsibility for, and if a user pays for access to any of Pockets App’s services, the user will not be entitled to a refund as a result of, any inaccessibility caused by Pockets App’s maintenance on the servers or the technology that underlies our sites, failures of Pockets App’s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters, or other destruction or damage to our facilities, acts of nature, war, civil disturbances, or any other cause beyond our reasonable control. Furthermore, Pockets App does not provide any warranty regarding the content on its platform, which is distributed on an “as is, as available” basis.

Any material accessed, downloaded, or otherwise obtained through Pockets App is done at the user’s discretion and risk. The user will be solely responsible for any potential damage to their computer or mobile system, or loss of data resulting from the download of any such material.

Pockets App does not guarantee that:

-The platform will meet users’ requirements;
-The services will be uninterrupted, timely, secure, or error-free;
-The results obtained from using Pockets App will be accurate or reliable;
-The quality of any products, services, information, or other materials obtained through Pockets App will meet users’ expectations.

In the event that Pockets App discovers any error, including errors in the determination of income or in the transfer of amounts to a user’s account, Pockets App reserves the right, at its discretion, to rectify the error in a manner it deems appropriate. This may include offsetting the erroneous payment against amounts due to the user or deducting the erroneous payment from the user’s account. Pockets App agrees to notify the user of the error and the actions taken to rectify it.

Any services hosted or provided by Pockets App, or intended to be hosted on the Pockets App platform, that require specific permission or authority from any statutory authority or governmental body, shall be deemed cancelled or terminated if such permission or authority is not obtained or is denied, either before or after the availability of the relevant services.

To the extent permitted by law, in the event of suspension or closure of any plan, services, events, or contests, users (including participants) shall not be entitled to make any demands or claims of any nature whatsoever.

18. Disclaimer of Warranties and Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK ASSOCIATED WITH YOUR USE OF THE POCKETS APP. THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE POCKETS APP, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT YOUR USE OF THE POCKETS APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE POCKETS APP.

WE HAVE NO DUTY TO UPDATE OR MODIFY THE POCKETS APP AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE), SHALL WE OR ANY OF OUR PARTNER, RESPECTIVE, EMPLOYEES, OR AFFILIATES, BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE POCKETS APP, YOUR USE OF THE POCKETS APP, OR OUR AGREEMENT WITH YOU REGARDING THE POCKETS APP, INCLUDING BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF Rs. 5,000/- (RUPEES FIVE THOUSAND ONLY). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THEREFORE, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES, OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.

BY USING THE POCKETS APP SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.