This Agreement is a legal document, which sets out your rights and obligations, and those of Pokkt (we, us or Pokkt), in relation to this site and the services offered by us through it (the Pokkt Service). You must take the time to read and understand it before registering for the Pokkt Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 16 below.
People who register for the Pokkt Service establish an "Account", and become "Account Holders".
The latest version of these Terms of Service will be made available under the "Terms of Service" link on the Site as well as through the link titled "User Terms of Service" available at www.Pokkt.com/terms, and you should review these Terms of Service prior to each visit to the Site or use the Service. Other documents referred to in these Terms of Service are also available at www.Pokkt.com/terms.
We Require You to Meet These Basic Requirements to Use the Pokkt Service:
1. When using the Service you represent that you are of sufficient age to form legally binding contracts. Our Service is not designed to solicit or collect information of any kind from persons under the age of 18, and we do not knowingly collect any information from persons under the age of 18.
2. There is a restriction of one Pokkt account per person. Pokkt reserves the right to terminate duplicate accounts, resulting in the potential loss of the Product(s) obtained by or through the Pokkt Service.
3. We require you to provide accurate information when registering for or interacting with the Service. It is your responsibility to ensure that your contact information is correct in your Pokkt account. Failure to do so may result in you not receiving a Product or Offer. Persons found to have fraudulent, misrepresented, or otherwise untruthful information contained in a Pokkt account may have that account terminated and may not be entitled to use the Service in the future.
5. Irrevocable consent and authorization to use data and personal information: You hereby irrevocably consent and/or authorise Pokkt to collect, process, use ,publish and share your personal data, such as your Full Name, Your Email, Your Mobile contact number on any restricted or public web pages maintained by Pokkt with advertisers/affiliates/Merchant Partner /Advertising Partner and /or other businesses and services associated with Pokkt . For Pokkt, you will also enable data about Devices collected using Data Collection Technologies that reveals the Device’s communications with or activities on your Online Property, including details of pages or objects that the Device has requested, copies of the content viewed on the Device, searches conducted by the Device, and/or the Device’s interaction with ads. This includes sharing or storing of your data in a file system or database. You further agree and consent to be contacted by persons or entities that Pokkt shares such data and/or personal information with for any product and/or Service or promotions.
6. Pokkt does not warrant, guarantee, or offer any support for the Product(s) obtained from or through the Pokkt Service. No warranty, commitment or any other obligation should ever be assumed by you on our behalf or on behalf of a Product manufacturer, licensor or supplier without our express prior written consent.For the purposes of this Agreement, “Product” includes without limitation tangible goods, software, games,electronic books, virtual currency, virtual goods, statement credits, services, information, content,rewards, and other items offered or received through the Service.
7. Violation of this Agreement may result in the termination of your Pokkt account, and any Product(s) or offers obtained by means of the Service may be revoked.
PART II Transaction Procedure
Completing an Offer-Based Transaction
The following terms apply to use of the Service for Offer-Based Transactions. An Offer-Based Transaction is the opportunity to obtain a Product or Coupon or Voucher (hereafter called "Product" from a third party (the "Merchant Partner") by completing an offer made by another third party (the "Advertising Partner") that has been made available by Pokkt through the Service (an "Offer").
1. In order to successfully complete an Offer-Based Transaction and receive your Product from the Merchant Partner you must meet all of the Offer requirements that have been established by the Advertising Partner that has made available the Offer.
2. You must initiate the completion of the Offer from within the Pokkt Service. Transactions initiated on another website without originating from within the Pokkt Service may not be tracked by our Advertising Partners and you will not be eligible to receive your Product from the applicable Merchant Partner.
3. We expect you to fully understand and comply with the instructions and restrictions stated during the Offer presentation and completion process. Unless stated otherwise, Offers may only be completed once per person and once per household or be limited to new customers or members only. In the event that you attempt to complete an Offer more than once you shall not be eligible to receive your Product, and your Pokkt account(s) may be terminated.
4. Depending on the Offer completed there may be a delay in receiving your Product due to a delay in the Advertising Partner reporting the Offer completion to Pokkt.
5. You may not complete an Offer with the intent to immediately cancel or return the Product offering from the Advertising Partner. A "quick cancellation" is considered to be fraudulent and may void your transaction. Pokkt may, at its discretion, suspend or revoke your right to use the Pokkt Service, terminate your Pokkt account, and/or report your activity to the Merchant Partner, website, and/or service that has referred you to Pokkt, who each may terminate your account or take other punitive action if you are found to have engaged in such activity.
6. Any prices, terms and Product descriptions made or referred to on this Service are subject to availability. While we undertake good faith effort to ensure that Products appearing on the Service are available, we cannot guarantee that all Products are in stock or immediately available when you complete your Offer. We may reject your transaction (without liability) if we are unable to process or fulfill it. We have the right to withdraw and/or revise the terms of any Offer Based Transaction prior to conclusion of a transaction. We also reserve the right to notify you of any mistakes in Product descriptions or errors in terms prior to conclusion of a transaction. The Offer-Based Transaction is concluded after we receive a report of your completion of an Offer from the Advertising Partner and the earlier of (i) Pokkt dispatching a report of your transaction to the Merchant Partner or (ii) Pokkt sending you an email with instructions on how to access your Product.
7. We may choose to retain records of completed transactions, acknowledgements, acceptances and other contract and transaction records. We may be able to provide you with copies of these on written request; however you must make sure you print a copy of all such documents and documents contained or referenced in this Agreement for your own records.
PART III MISCELLANEOUS
1. Copyright Ownership : The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and Service are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights). The copying, redistribution, use or publication by you of any such matters or any part of the Site or Service, except as allowed under "Limited Right to Use" below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Service. The posting of information or materials on the Site or Service does not constitute a waiver of any right in such information and materials.
2. Limited Right to Use: The viewing, printing or downloading of any content, video, audio, graphic, form or document from the Site or Service grants you only a revocable, nonexclusive license for use solely by you for personal, non-commercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, non-commercial use (but not for resale or redistribution).
3. Trademark Information. "Pokkt" is a trademark and service mark of Pokkt, All other trademarks appearing on the Site or Service are the property of their respective owners.
4. Editing, Deleting and Modification. We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site or available through the Service.
Role of Pokkt
2. Accordingly, we have no control over or responsibility for:
- the quality, safety, or legality of those goods or services available from Retailers; or
- whether the Retailer can or will supply and pass good title to any goods or services.
3. Account Holders should exercise no lesser degree of caution in entering into transactions with Retailers than they would when entering into a similar transaction offline.
4. To the extent that the law permits, you release us, our agents and employees from all liability arising out of or in connection with any transactions with Retailers, including (without limitation) all claims and demands relating to uncompleted or completed transactions with Retailers, or goods or services offered for sale or supply, or actually sold or supplied, through or in connection with any transactions with Retailers.
5. Misuse: We reserve the right to suspend or terminate any Account Holders access to the Pokkt Service, or parts of it, if in our reasonable view the relevant Account Holder or Account appears to be in breach of any provision of this Agreement.
6. A Member's Account must be used only for purchases on his/her own behalf, and not on the behalf of, or for the benefit of, any other person(s); An Account Holder's Account must be used only for purchases on his/her own behalf, and not on the behalf of, or for the benefit of, any other person(s).
7. Account Holders must not enter into, or attempt to enter into, any transaction with a Retailer (a) by providing personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting a Retailers offering, or (c) in breach of any terms and conditions applied by Pokkt or the Retailer to that transaction.
8. It is each Account Holders obligation to ensure that any material posted by him/her or associated with his/her Account:
- is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature;
- is not intended or likely to cause needless annoyance, inconvenience or distress to any person;
- does not contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
- does not contravene any applicable law or regulation (including, but not limited to, laws governing consumer protection, distance selling, unfair competition, anti-discrimination, false advertising, copyright, trademark and privacy);
- does not breach the rights of any person or entity (including any rights or expectations of privacy);
- where it constitutes feedback on a Retailer, is accurate and fair; and
- does not advertise any goods or services.
9. If you see or experience anything on the Pokkt Service that appears to infringe any of the above requirements, we would like you to inform us by emailing to us at contact@Pokkt.com.
10. Each Account Holder acknowledges that we are entitled, but not obliged, to withdraw any material, which appears - based on information received from third parties or other Account Holders - to be in breach of this Agreement.
11. Contact from third parties : If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree: a. to provide all reasonable information and assistance we may require in connection with responding to that contact; and b. to respond promptly and accurately to it, should we pass the message to you for a response.
12. Additional services :We or our partners may offer new or additional services through the Pokkt Service from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the Pokkt Service in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.
13. Operation of the PokktService :We reserve the right to withdraw, modify or suspend aspects of the Pokkt Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so.We will endeavour to give you 30 days advance notice before taking such action, except where it is necessary to take earlier action for security reasons or because of technical difficulties which would otherwise adversely affect the Pokkt Service. There may also be times when the Pokkt Service becomes inaccessible as a result of technical difficulties experienced by Pokkt or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.Please note, however, that we cannot guarantee continuous access to the Pokkt Service or any of the content that appears on it.Nevertheless, we will strive to ensure that any periods of planned unavailability, which you will be informed of when you access the Pokkt Service at the relevant time, are kept to a minimum.
14. password For security or other reasons, we may require you to change password or other information which facilitates access to the Pokkt Service; however, we will never ask you for your password via email, telephone, or any other means other than through the Pokkt.com website. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
- We warrant that the Pokkt Service will be provided with reasonable care and skill with the intention of meeting our specifications for the Pokkt Service, but we cannot and do not guarantee that the Pokkt Service will meet your requirements.
- Pokkt shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.
- Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence.
- We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
- for any loss of revenue, business, anticipated savings or profits, or
- for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the Pokkt Service or other non-performance of this Agreement or otherwise.
- Except as expressly stated elsewhere in this Agreement, all representations, warranties,conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
- For the avoidance of doubt, Pokkt will not have liability to you or any other person in respect of material contributed by Account Holders, transactions (or non-transactions) with Retailers, or any activity or communication relating to such material or transactions.
- The provisions of this Clause 12 shall survive the termination or expiry of this Agreement.
16. Indemnity :You agree to indemnify Pokkt against all liabilities, claims and expenses that may arise out of or in connection with (a) any breach of this Agreement by you or through your Account, or (b) any transaction with a Retailer.
17. Nontransferable : Your right to use the Site and the Service is not transferable. Any password or right given to you to obtain information or a Product from the Site or the Service is not transferable.
18. Assignment :We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement. You may not without the written consent of Pokkt assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.
19. Entire Agreement :This Agreement is intended to contain your entire agreement with us relating to the Pokkt Service; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the Pokkt Service, except for any fraud or fraudulent representation by either of us.
20. Changes to this Agreement: We reserve the right to change this Agreement from time to time, and post the new version on the Pokkt Service. When we do so, we will post the new version of the Agreement on the Pokkt Service, and the new version of these terms and conditions will take effect, and will govern the Pokkt Service and your relationship with us:
- commencing no less than thirty days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Pokkt Service; or
- immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in this Agreement.
21. General :In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. You and Pokkt are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
22. Governing Law:
- This Agreement, and our relationship with you and each Account Holder, is governed by the Indian laws.
- You and we each submit to the exclusive jurisdiction of the Indian courts at Mumbai in relation to disputes arising in connection with this Agreement.
23. Keeping this Agreement :We don't separately file the individual Agreements entered into by Account Holders when they register for the Pokkt Service. You can access it at www.Pokkt.com . Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.
24. Contact :Please note that all communications (including formal notices) under this Agreement are to be sent and received by email. For this purpose, your notices should be sent via email to email@example.com, and we will send our notices to you at the email address you notify to use when you register as an Account Holder, as changed subsequently in your Account details.
25. Links to Other Websites :The Site and Service may now, or hereafter from time to time, contain links to third-party websites. We do not control, investigate, monitor or check such websites and we are not responsible for the content in or opinions expressed at such websites, and we do not investigate, monitor or check the same. The inclusion of a link on the Site does not imply approval or endorsement of the linked website by us. If you decide to leave the Site or Service and access any third-party websites, you do so at your own risk.
26. Intellectual Property : By uploading or including any material on the Pokkt Service, an Account Holder expressly grants:
- to us a non-exclusive licence (including the right to grant sub-licences) to use, reproduce and distribute that material through the Pokkt Service and any other interactive services through which we or our sub-licensee make the Pokkt Service (or a service based on the Pokkt Service) available; and
- to other Account Holders (through us, under the licence referred to in a. above), the non-exclusive, personal, non-transferable right to view the relevant material. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Pokkt Service (including the material which is contributed by Account Holders or Retailers) are owned by, or licensed to, us. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Pokkt Service, or any of the material which is found on the Pokkt Service unless properly licensed to do so by us.
27. Payment: POKKT shall pay the Publisher/Developer a revenue share (the “Royalty”) Fifty percent (50%) of the Net Advertising Sales Revenue for Ads that run on the POKKT Networks. The Royalty shall be paid to Publisher/Developer by POKKT no later than Sixty (60) days after submission of invoice. Such payment shall reflect information displayed in the POKKT Online Interface. This information shall include (i) the Royalty paid, (ii) the figures supporting such calculation on a per Advertisement basis, including Impressions & Success delivered, Click-Through Rates, CPM and Royalty amounts (as applicable and available) (iii) kind of Advertising placed (iv) cost of the Advertising campaigns (v) request sent to the servers. For the avoidance of doubt, the revenue share / Royalty working shall be as per the POKKT MIS as per the url, user id, password shared with the publisher/developer by POKKT.
POKKT will start paying our publisher partners after the accumulation of $100, unless payment is requested via wire transfer. In that case, payment will be sent after the accumulation of $1000. We process payments net 60 days after the end of the month with up to an additional 15 days of processing time. All Bank charges on account of wire transfer to be borne by the beneficiary.
We currently support:
- Paypal - For payouts that are less than $1000 and over $100
- International Wire - For payouts over $1000