Acceptance of Terms
Registration and Eligibility
- 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.
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.
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.
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.
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.
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
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.
If you see something inappropriate, use the "Report Content" option to alert us so that we can take immediate action as needed.
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.
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.
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.
Integration and Severability
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:
- your complete contact information (name, mailing address and phone number),
- 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,
- the web address (URL) of the infringing content,
- 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.
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.
POCKET FM COINS TERMS AND CONDITIONS
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.
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.
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
5.1 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 email@example.com
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 firstname.lastname@example.org .
For any queries /concerns regarding your account and/or its termination, payments, coins, business purpose or partnerships etc. you may write to us at email@example.com .
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 firstname.lastname@example.org.
Name: Anurag Sharma
Address: 2nd Floor, Plot No. 4, Office No. 6a, Minarch Tower, Sector 44, Gurugram, Haryana, 122003, 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.