Pocket FM

END USER LICENSE AGREEMENT AND TERMS OF USE

Updated in April 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY POCKET FM (WHICH TERM SHALL INCLUDE POCKET FM CORP. POCKET FM PRIVATE LIMITED AND/OR ANY OF THEIR AFFILIATES̵). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT https://www.pocketfm.com ("THE SITE") AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY POCKET FM (INCLUDING THE SITE, "SERVICE").

IF YOU ARE A USER RESIDENT IN THE TERRITORY OF INDIA, THEN THESE TERMS OF USE CONSTITUTE AN AGREEMENT BETWEEN YOU AND POCKET FM PRIVATE LIMITED. IF YOU ARE A USER RESIDENT OUTSIDE THE TERRITORY OF INDIA, THEN THESE TERMS OF USE CONSTITUTE AN AGREEMENT BETWEEN YOU AND POCKET FM CORP.

Acceptance of Terms

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein ("Terms of Use") and all other operating rules, policies and procedures that may be published from time to time on the Site by Pocket FM, each of which is incorporated by reference and each of which may be updated by Pocket FM from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Pocket FM from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, venues that access the Service, and users that have a page on the Service.

Access

Subject to these Terms of Use, Pocket FM may offer to provide the Service, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Pocket FM performs for you, any applications or widgets offered by Pocket FM that you download from the Site or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores (e.g., iTunes® store, or Google Apps Marketplace) authorized by Pocket FM, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).

Registration and Eligibility

You are required to register with Pocket FM to browse the Site and view Content and represent, warrant and covenant that you provide Pocket FM with accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and/or mobile telephone number and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Pocket FM account. We recommend, but do not require, that you use your own name as your User Name so your friends can recognize you more easily. You shall not:

  • Create any account for anyone other than yourself without such person's permission
  • Use a username that is the name of another person with the intent to impersonate that person
  • Use a username or Pocket FM account that is subject to any rights of a person other than you without appropriate authorization
  • Use a username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Pocket FM reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Pocket FM password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Pocket FM in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 13 years old and in no event, to individuals who are not competent to contract as per the laws applicable in their jurisdiction. If you are a minor, you agree to access the Service only under the supervision of your parent or guardian. Pocket FM may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.

You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

If you use a mobile device, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

Pocket FM will retain the registration information collected from a User for a period of 180 (one hundred and eighty) days from the date of deletion, cancellation or withdrawal of registration by the User or for such other time period as may be required under the applicable laws.

Content

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Pocket FM cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, ‘highlights’, video clips, audio clips, responses, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Pocket FM on or through the Service. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as, "User Submissions".

Pocket FM Content

The Service may contain Content specifically provided by Pocket FM or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Subject to these Terms of Use, Pocket FM grants each user of the Site and/or Service a worldwide, non-exclusive, non-sub licensable and non-transferable license to access and view /listen to the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Pocket FM, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

The Content will be made available to you through different modes, at Pocket FM’s discretion, including via audio on demand basis for viewing at your discretion at a time chosen by you and download for offline access by You. In the case of downloadable Content, please note that: (a) the downloads are temporary in order to allow you to access/listen to the Content within a specified period of time and you shall not attempt to or actually make a permanent copy of the Content in any manner or form, and (b) not all Content may be available for download for offline access. Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to Pocket FM’s sole discretion and (b) may be dependent upon your geographical location and (c) is on the condition that not all Content or Services will be available to all viewers. On account of the nature of the Internet, this Site and the Services may also be accessed in various geographical locations; and you hereby agree and acknowledge that you are accessing this Site and availing of the Services, at your own risk, choice and initiative and you agree and undertake to ensure that your use of the Site and the Services complies with all applicable laws including the local laws in your jurisdiction. Further, such Services and Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, internet availability and speed, bandwidth, etc. You agree and acknowledge that Pocket FM may monitor or use certain technologies for monitoring of activities, as separately explained in Pocket FM’s Privacy Policy accessible at https://www.pocketfm.com/privacy-policy. To facilitate your listening and access, the Services can be packaged by Pocket FM through different models such as (a) free of charge which may include advertisements or commercials or (b) a pay-per-view model with or without advertisements/commercials or (c) with a combination of the foregoing on the Site. Note that some Content, when accessed, will show advertisements even in the pay-per-view model.

Payments

Some of the Content made available on the Site can be availed only by registered users ("Premium User") who opt to pay for such Content using one or more Payment Method(s). To become a Premium User, you may be required to provide certain personal information to Pocket FM and may be required to make payments of the applicable charges ("Premium Charges") through a debit card, credit card, internet banking or through, e- prepaid wallet or other payment method accepted by Pocket FM ("Payment Method(s)") that you opted for during registration. Pocket FM will be using third party payment gateways to process and facilitate the payment of your Premium Charges.

Pocket FM shall have the discretion to make Content available to you on not more than one end user device concurrently.

Any personal data whether provided by you as a part of the payments process, or collected automatically when you use the Service will be governed by Pocket FM’s Privacy Policy accessible at https://www.pocketfm.com/privacy-policy.

You also understand and acknowledge that Pocket FM only facilitates the third-party payment gateway for processing of payments. This facility is managed by the third-party payment gateway provider and you are required to follow all the terms and conditions of such third-party payment gateway provider.

You are responsible for the accuracy and authenticity of the payment information provided by you, including the bank account number/credit card details and any other information requested during the payment process. You represent and warrant that you have the right to use any credit card or other payment information that you submit. You agree and acknowledge that Pocket FM shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.

You can file any complaint related to payment processing on the Site and the same will be forwarded to the concerned third-party payment gateway provider for redressal.

Upon payment being received by Pocket FM through any of the Payment Methods, Pocket FM shall make the relevant Content available to you through any of the approved modes of delivery that Pocket FM adopts.

Pocket FM reserves the right to change, terminate or otherwise amend the Content pricing, at its sole discretion and at any time. Such amendments shall be effective upon posting on the Site and your continued use of the Service shall be deemed to be your conclusive acceptance of such amendments

Pocket FM reserves the right to change, supplement, alter or remove any of the Content as it deems fit. Pocket FM does not guarantee the availability of specific Content or a minimum Content.

Shipping, Returns and Refunds policy

To the extent permitted by applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership period or unused Content. Please visit the ‘My Accounts’ section to cancel your subscription at any time. Since our Content is provided digitally, the same is deemed to be delivered or ‘used’ when you avail of a subscription. We do not offer shipping or returns on our Content.

User Submissions

We may use your User Submissions in a number of different ways in connection with the Site, Service and Pocket FM’s business as Pocket FM may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works (including adaptations) from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications ("Third Party Media"). By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant Pocket FM a worldwide, non- exclusive, royalty-free, fully paid, sub licensable and transferable license to use, copy, edit, modify, reproduce, distribute, adapt, translate, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Pocket FM's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license grant to Pocket FM does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Pocket FM.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that Pocket FM will not be liable for any errors or omissions in any Content; and that Pocket FM cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

You should be aware that the opinions expressed in the Content in User Submissions are theirs alone and do not reflect the opinions of Pocket FM. Pocket FM is not responsible for the accuracy of any of the information supplied in User Submissions or in relation to any comments that are posted.

You should bear in mind that circumstances change and that information that may have been accurate at the time of posting will not necessarily remain so.

When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service.

Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:

  • belongs to another person and to which the user does not have any right;
  • is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  • is harmful to child;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  • impersonates another person;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
  • contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
  • is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

Pocket FM does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. Pocket FM has no obligation to monitor the Site, Service, Content, or User Submissions. However, Pocket FM reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Pocket FM is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. Pocket FM also reserves the right to access, read, preserve, and disclose any information or provide any assistance as Pocket FM reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request (within 72 hours of such request or such other time period as may be required under the applicable laws), (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Pocket FM, its users and the public.

If you see something inappropriate, use the "Report Content" option to alert us so that we can take immediate action as needed.

Any Content or User Submission which has been removed pursuant to a violation of these Terms of Use or receipt of a complaint shall be retained for a period of 180 (one hundred and eighty) days or such other time period as may be required under the applicable laws.

Technical Failures

It is possible that you may face disruptions, including, but not limited to errors, disconnections or interferences in communication in the internet services, software or hardware that you have used to avail our services. Pocket FM is not responsible for such factors in the disruption or interruption in the services and you take full responsibility with complete knowledge for any risk of loss or damages caused due to interruption of services for any such reasons.

Advertisements, Third Party Sites and Services

Some of the Pocket FM Services are supported by advertising revenue and may display advertisements, promotions, and links to third-party websites. You hereby agree that Pocket FM may place such advertising and promotions on the Pocket FM Services or on, about, or in conjunction with your Content, including User Submissions. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Pocket FM’s control, and you acknowledge that Pocket FM is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Pocket FM or any association with its operators. You further acknowledge and agree that Pocket FM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Consent To Communications

You expressly agree that Pocket FM may from time to time contact you and send you communications via any known channel, including but not limited to telephone calls, emails, text messages (SMS), and/or Whatsapp, at any telephone number or email address you have provided to us, including mobile/cellular telephone numbers that could result in charges to the owner of the telephone account. By accepting these Terms you are deemed to have ‘opted in’ to receive such communications. These communications may include transactional, utility and promotional communications as well as communications for authentication purposes. The ways we may call you include using prerecorded/artificial voice messages and/or through the use of an automatic dialing device. Please refer to https://pocketfm.com/security-advice-policy for tips on how to recognize authentic communication from Pocket FM.

Termination

Pocket FM may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by contacting us as per Pocket FM’s Communications – Customer Services mentioned below. Any fees, including Premium Charges, paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

Save to the extent required by law, Pocket FM has no special relationship with or fiduciary duty to you. You acknowledge that Pocket FM has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You release Pocket FM from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Pocket FM makes no representations concerning any Content contained in or accessed through the Service, and Pocket FM will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service and cannot be held liable for any third-party claims, losses or damages.

You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.

THE SITE, SERVICE AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

POCKET FM, AND ITS TEAM, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You shall defend, indemnify, and hold harmless Pocket FM, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other rights of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Pocket FM). Pocket FM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Pocket FM in asserting any available defences.

Limitation of Liability

ALL LIABILITY OF POCKET FM, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF POCKET FM, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE THOUSAND RUPEES (Rs.1000).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POCKET FM, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT POCKET FM, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT OR USER SUBMISSIONS FOR:

  • INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
  • LOSS OF ACTUAL OR ANTICIPATED PROFITS;
  • LOSS OF REVENUE;
  • LOSS OF GOODWILL;
  • LOSS OF DATA;
  • LOSS OF ANTICIPATED SAVINGS;
  • WASTED EXPENDITURE; OR
  • COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, POCKET FM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Governing Law

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Pocket FM agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Terms of Use and all other policies available on this Service shall be interpreted and construed in accordance with the laws of India. Any dispute or claim relating to products available on this App/Website or the services rendered by this App/Website, its enforceability or the termination under these Terms of Use and/ or other policies available on this App shall be governed by the Arbitration and Conciliation Act, 1966 by a sole arbitrator, who shall be mutually appointed from a panel of independent arbitrators identified by Pocket FM. The seat and venue of Arbitration shall be Bengaluru, India and the language of proceedings shall be English. The App/Website User and the App/Website Owner agree specifically to submit to the exclusive jurisdiction of the Courts of Bombay at Mumbai, India over any disputes relating to the subject matter, herein.

Integration and Severability

These Terms of Use are the entire agreement between you and Pocket FM with respect to the Service and use of the Site, Service, Content or User Submissions, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Pocket FM with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Pocket FM must provide you with written notice of such waiver through one of its authorized representatives.

Modification of Terms of Use

Pocket FM reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. Pocket FM may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. You shall also be notified of any modifications to these Terms of Use as and when effected or at least once a year.

Other Provisions

Claims of Copyright or Trademark Infringement

Claims of copyright or trademark infringement should be sent to Pocket FM’s designated agent. If you believe that someone is infringing your copyright or trademark rights on Pocket FM, you can report it to us by contacting us as per Pocket FM’s Communications – Legal & Notices mentioned below with a report containing the following information:

  1. your complete contact information (name, mailing address and phone number),
  2. a detailed description of the Content on Pocket FM that you claim infringes your copyright or trademark along with details on how it infringes upon your copyright or trademark,
  3. the web address (URL) of the infringing content,
  4. a declaration that you are filing this report in good faith and that all the information provided is accurate and that you are the owner of the copyright and/or trademark.

Please attach your digital signature or physical signature to the report.

Within 36 hours of receiving this notice with the above mentioned details, we will take down the allegedly infringing material from public view while we assess the issues identified in your notice.

On completion of the take-down procedure above:

  • If the complainant is successful in obtaining an order of injunction from a court of competent jurisdiction within 21 days from filing the complaint, the material will be permanently removed from Pocket FM’s website and database upon Pocket FM being provided with a copy of such order;
  • If the complainant is not successful in obtaining an order of injunction from a court of competent jurisdiction within 21 days from receiving notice from the complainant, the material will be made available for public view once again.

Before you submit a report of infringement, you may want to send a message to the person who posted the content. You may be able to resolve the issue without contacting Pocket FM. Please remember, only the copyright/trademark owner or their authorized representative may file a report of infringement. If you believe something on Pocket FM infringes someone else’s copyright/trademark, you may want to let the rights owner know.

Notice

Pocket FM may give notice by means of a general notice on the Services, notification within the Site on your Account, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Pocket FM by written communication as per Pocket FM’s Communications – Legal and Notices mentioned below.

General

You may not assign or transfer these Terms of Use in whole or in part without Pocket FM’s prior written approval. You hereby give your approval to Pocket FM for it to assign or transfer these Terms of Use in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Pocket FM’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Pocket FM or any Third Party Provider as a result of the contract between you and Pocket FM or use of the Services.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms of Use but the legality, validity and enforceability of the other provisions in these Terms of Use shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms of Use. These Terms of Use constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms of Use, the words "including" and "include" mean "including, but not limited to."

Miscellaneous

Pocket FM shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Pocket FM's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Pocket FM's prior written consent. Pocket FM may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect

Pocket FM shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Pocket FM's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sub licensable by you except with Pocket FM's prior written consent. Pocket FM may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

POCKET FM COINS TERMS AND CONDITIONS

This is an agreement between you and Pocket FM Private Limited (with its affiliates, "Pocket FM" or "we") regarding the Pocket FM Coins (the "Coins"). Before purchasing or redeeming any Coins, please read these Terms and Conditions, all rules and policies related to the Coins (including any rules or provisions on any product detail page or any help or informational page relating to the Coins), Pocket FM’s Privacy Policy at https://www.pocketfm.com/privacy-policy, and Pocket FM’s Terms of Use at https://www.pocketfm.com/terms-and-conditions (collectively, the "Agreement"). If you receive, purchase, or redeem any Coins, you agree to be bound by the Agreement on behalf of yourself and all members of your household and others who use the Coins or under your account.

If you receive, purchase, or redeem any Coins, you agree to be bound by the Agreement on behalf of yourself and all members of your household and others who use the Coins or under your account.

1. Coins

The Program allows customers to receive and purchase Coins and to redeem those Coins for the purchase of eligible digital products and services we sell through the Pocket FM Platform located at https://www.pocketfm.com (together with all associated websites and mobile applications, “the Platform”). The Platform offers two types of Coins: Coins you purchased from us (“Base Coins”) and Coins we give you for promotional purposes (“Bonus Coins”).

2. Use of Coins

2.1 Redeeming Coins: Coins may be redeemed only for the purchase of eligible products and services through the Platform. Eligible products and services may change over time. Not all apps and in-app products/services can be purchased using Coins, and not all devices support the use of Coins. When a purchase can be made with Coins, you will see an option to pay with Coins during the purchase process. To make a purchase with Coins, you must pay the entire purchase price for the applicable product which is inclusive of applicable taxes.

2.2 Purchase of Coins: Purchases of Coins will be charged to the 1-Click payment method or any other authorized payment method associated with your account. You may be allowed to purchase Coins through a variety of methods, including any of the subscription or one-time purchase packages offered by us on the Platform. We may (at our discretion) allow you to switch from one subscription plan to another and in such event, the new subscription plan may take effect only after your current plan expires. The Coins may be made available for purchase under various pricing models and price points (at our sole discretion). We may temporarily or in select markets or to select user groups charge higher or lower prices to test pricing levels in an effort to maximize sales or revenue and improve user experience. All purchases of Coins are final. We do not accept returns of Coins except where required by law. Once the Coins have been used/redeemed for a purchase, they cannot be transferred, returned or credited to any other user/subscriber. If you believe any Coins were not properly credited to your account, please contact our customer service for assistance. If we offer discounts on the purchase of Coins, we may modify or discontinue those discounts at any time without notice to you.

2.3 Bonus Coins: All Coins that are provided without charge (or at a discounted price) in addition to Base Coins are Bonus Coins. This includes any Coins we give you in connection with your purchase of products, your use of our services, or any other promotional activity.

2.4 Expiration Dates: Base Coins do not expire. We reserve the right to institute an expiry date for Bonus Coins at our discretion, which shall be notified to you through the Platform.

2.5 Restrictions: Coins cannot be resold, transferred for value or redeemed for cash, except to the extent required by law. Coins in one account may not be transferred to another account. We may limit the number of Coins you can purchase or receive within certain periods of time, or implement other restrictions on the receipt or use of Coins. If we give you Bonus Coins in connection with your purchase of a product and you later return or receive a refund for that product, we may revoke those Bonus Coins. If you have already used those Coins, we may deduct the same number of other Bonus Coins or Base Coins from your account or charge your credit card or other payment instrument for any products you purchased using those Coins.

3. Software

We may make available to you software for your use in connection with the Coins. Terms contained in our Terms of Use (https://www.pocketfm.com/terms-and-conditions) apply to your use of that software.

4. Cancellation

You can cancel your subscription of account at any given time with us as per your discretion. However, you shall continue to have access till the end of your billing cycle. The account will be automatically terminated at the end of the billing cycle

5. General

5.1 Changes: We may change, suspend or discontinue the Coins programme, or any part of it, at any time without notice. In such event, all Coins shall expire with immediate effect.

5.2 Termination Fraud: Your rights under the Agreement and to use the Coins will automatically terminate without notice if you fail to comply with any of the terms of this Agreement. We may also terminate your right to use the Coins at any time, including if we determine your use violates any term of the Agreement or involves any fraud or misuse of the Coins. In case of such termination, you must cease all use of the Coins, and we may immediately revoke your access to the Coins without notice to you. If we determine you fraudulently obtain Coins or use any fraudulently-obtained Coins, we may revoke those Coins and charge your credit card or other payment instrument for any products purchased using those Coins. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights. You undertake to provide accurate information in relation to creation of the account and/or provide any subsequent change/ revision of information for which you shall be solely responsible.5.3 Amendments: We may amend the Agreement at our sole discretion by posting the revised terms on the Platform. Your continued use of the Coins after any amendment evidences your agreement to be bound by it.

5.4 Contact Information: For communications concerning this Agreement, please write to legal@pocketfm.com

5.5 Disputes Any dispute or claim arising from or relating to the Agreement or the Coins is subject to the dispute resolution, governing law, disclaimer of warranties and limitation of liability, and all other terms in our Terms of Use at
https://www.pocketfm.com/terms-and-conditions.

5.6 Limitation of Liability Without limiting the disclaimer of warranties and limitation of liability in our Terms of Use, in no event will our total liability to you for all damages arising out of or related to the Coins exceed the amount you paid for any Coins that you have not redeemed. This limitation will apply to you even if the remedies fail of their essential purpose. We are not responsible for any Coins used through your account without your permission.

POCKET FM COMMUNICATIONS

LEGAL AND NOTICES

To send us any notice or for any legal concerns or in case your intellectual property rights have been infringed you may write to us at legal@pocketfm.com .

CUSTOMER SERVICES

For any queries /concerns regarding your account and/or its termination, payments, coins, business purpose or partnerships etc. you may write to us at care@pocketfm.in .

PHISHING AND SECURITY CONCERNS

For any queries /concerns regarding suspected phishing attacks, fraudulent transactions or activities or other security related concerns, you may write to us at security@pocketfm.com.

GRIEVANCE OFFICER

In case you have any concerns in relation to the usage and processing of your personal information, content which violates our Privacy Policy/Terms and Conditions then you may contact our Grievance Officer below:

Name: Anurag Sharma
Email: grievances@pocketfm.com

Address: 256/A, 17th Cross Road, Sector 6, HSR Layout, Bangalore - 560102, Karnataka, India
Office Hours: 10:00 AM to 1:00 P.M.

We will acknowledge your grievance within twenty-four (24) hours and will endeavour to resolve the same within a period of fifteen (15) days from the receipt of your grievance or such other time period as may be required under the applicable laws.