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MAYBRIGHT- TERMS OF REGISTRATION

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These terms and conditions (“Terms”) apply on the usage of Maybright Ventures Private Limited’s (“Maybright’s”) website www.mpokket.com (the "Website"), smart phone mpokket Application (the “Application”) as well as to all information, recommendations and/or services provided to You on or through the Website, the Application or through the Customer Care (“CC”) services provided by Maybright over a telephone or through any form of electronic communication, including communication made via any social media. The term 'You' refers to the user of our services i.e Benefactors or Beneficiaries (“User”), through the Website, the Application and the CC.

The terms and conditions mentioned in this agreement along with the Privacy Policy, as amended and updated from time to time, constitute the entire agreement between the User(s) and Maybright with respect to access to and use of the Website / Application / CC and the Services (as defined hereinafter) offered by Maybright, superseding any prior written or oral contracts in relation to the same subject matter herein.

1. SERVICES

2. USER(S) ELIGIBILITY

User(s) means individual who use and has the right to use the Services provided by Maybright. Our Services are available only to those individuals who have Indian citizenship and who can form legally binding contracts under the applicable law. Therefore, a Usermust not be a minor, of unsound mind or insolvent, as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use our Services and must have the competency to enter into a contract. The User must hold Indian citizenship status and provide valid documents like Voter ID card, Aadhaar card or passport information to prove the same.

Maybright advises its Users that while accessing the Website/Application, they must follow/abide by the related laws. Maybright is not responsible for the consequences of Your behaviour or negligence, misfeasance or malfeasance during use of Website/ Application. Maybright at all the times reserves the right to deny Services to You without any obligation to state the reasons for such withholding or withdrawal of Services.

3. USER INFORMATION, OFFERS AND PROMOTIONS

Maybright collects general User data including name, email ID, phone number and other contact details, bank accounts details, access to the User’s SMS inbox records, contact list, and contact’s phone numbers, call history, location, usage of other mobile applications, and the User’s debit card, credit card, and bank details, and any other information as may be required, to facilitate the Services.

The type of information collected by Maybright is dependant on the nature of the Services being provided, and all types of information specified above may not be collected for the provision of all Services. Maybright may use any information it collects from Users to improve, maintain, and make more secure the Services, the Website, the Application, and the CC services. Maybright may also use any information provided to it by Users to send Users commercial or marketing messages and by availing of the Services and using the Application, Website and CC Services, the Users consent to receive such messages, provided that Maybright shall provide Users an option to unsubscribe from such messages where feasible. Maybright may also, without the User’s further consent, use any information provided by Users for administrative purposes, including notifying Users of any updates to these Terms of Registration or its Privacy Policy. Certain types of information provided by Users may constitute sensitive personal data or information as defined under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“the SPDI Rules”), and You hereby give your consent (as described in the SPDI Rules) to Maybright to use any information provided by you for the purposes described here.

You hereby agree to indemnify and hold harmless Maybright, its directors, employees, agents, affiliates, and partners, from and against any and all claims or actions brought against them by any person listed on your contact list whom Maybright may contact in the manner described above.

You understand and agree that Maybright may provide some or all of the information provided by You to any of its third party vendors, agents, contractors, or service providers, as may be necessary for Maybright in the course of providing the Services, or maintaining or operating the Website, the Application, or the CC services, and hereby accord your consent for the same. Maybright shall ensure that all such recipients of User information are bound by conditions of confidentiality at least as stringent as those that Maybright agrees to bind itself by hereunder, but does not in any manner guarantee the security, confidentiality, or protection of such information by such third party vendors, agents, contractors, or service providers, nor does Maybright extend any promise by way of indemnity or damages (liquidated or otherwise) to Users for any loss or unauthorised use of User information by such third party vendors, agents, contractors, or service providers.

It is assumed that all information collected from the User is correct & accurate. Misuse and misrepresentation of identity or contact details could lead to automated termination of Services or the use of the platform without prior notice to such Users.

User accounts bearing a unique identification are created and owned by Maybright. Any promotional discounts, offers and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or malafide intent of the User. In the case where the system is unable to establish unique identity of the User against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. Maybright reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever.

4. USAGE CONDITIONS

You are advised to provide accurate information to Maybright. Maybright can verify the information that You have provided and choose to refuse the service or use of the Application / Website without providing reasons.

By using the Application or Website You agree to:

In addition to other reasons mentioned under this Agreement, Maybright reserves the right to immediately terminate the Services, if the User does not comply with any of the above rules.

5. TRANSACTION

(i) The transaction of the pocket money between the Benefactor and the Beneficiary ( “Transaction” ) shall take place using bank accounts and/or third-party service providers. Maybright reserves the right to decide what options will be available to the users for transfer of funds.

(ii) In the event of late repayment by the Beneficiary, the Beneficiary shall be liable to pay late payment fees based on terms laid out in the contract between the Benefactor and Beneficiary and the Beneficiary will be liable to transfer the appropriate late fee to the Designated Account or User Account along with the repayment amount. The exact manner of calculation of late payment fee shall be notified on the Website/ Application or be made a specific part of the Contract between the Beneficiary and the Benefactor, based on the convenience of Maybright provided however, such manner of calculation with regards to any specific Transaction shall not be changed after the Transaction has been closed between the Benefactor and the Beneficiary.

(iii) Users may earn reward/loyalty points based on their activities on the Website/Application. Maybright may offer an option to redeem the reward/loyalty points for cash from Maybright and the same shall be transferred to the User's bank account. Maybright may also offer the User certain other benefits based on their reward/loyalty points. The terms governing award of reward/loyalty points and conversion rate of the points shall be at the discretion of Maybright and may be subject to change.

(iv) Maybright shall have the sole discretion to remodel the rewards/loyalty points system and awarding and allocation of rewards points from time to time and shall have the sole discretion, right and power to choose to issue or withdraw reward/loyalty points or a separate category of points by any other name to Users based on their usage of the Website/Application or any other criteria such as referrals made, usage of referred Users, etc. The terms and scheme governing award of such points and mode and conditions for redemption of those points for cash or any other articles shall be decided and notified on the application and the Website by Maybright from time to time and shall be subject to changes as per the sole discretion of Maybright.

(v) Users agree that in case of any delay in payment or non-repayment, Maybright can share the User’s information with any third party via any medium (online or offline) for necessary remedial steps. Without prejudice to the generality of the foregoing, and notwithstanding anything contained in Clause 3 above, You agree that Maybright may publish any information about you (other than any information that may be construed as sensitive personal data or information as defined under the SPDI Rules) on public websites, social networking websites, notice boards, or other public fora, and share such information with third parties, such as debt collection agencies, credit rating agencies, loan providers, banks, non-banking financial institutions, and any other third party that Maybright in its sole discretion may determine appropriate and necessary, and that you do not have, and shall not raise at any time, any objection or action in relation to Maybright publishing or sharing Your information in the manner described herein.

(vi) You understand and agree that any delay or failure in payment as described above shall result in a loss of business and damage to Maybright’s reputation; furthermore, you understand and agree that any such delay or failure in payment on Your part shall result in damages to Maybright, and Maybright may take any legal actions as appropriate, to make good such damage, including, without limitation, recourse to courts of law under the appropriate laws, communicating directly with persons whose contact details Maybright may have obtained from your phone address book as indicated in Clause 3 above in order to intimate them of your failure to make payment, or delay in payment, as well as any other action that Maybright may, in its sole discretion, deem appropriate.

6. REPRESENTATION, WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY

Without prejudice to the above, Maybright makes no representation or warranty that:

(i) The Services will meet the User's requirements.

(ii) The Services will be uninterrupted, timely or error-free.

`Without prejudice to the above, Maybright shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Users arising out of:

(iii) the use of the Service offered by Maybright, but not limited to direct, indirect, incidental, punitive, or consequential loss or damages.

(iv) the use of the Application, the Website, or the CC services for any reason whatsoever including but not limited to the User's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Maybright or any person or any organization involved in the above mentioned systems.

7. REFUND AND CANCELLATION POLICY

Once a Benefactor offers a loan to a Beneficiary, the Benefactor is not entitled to a refund of the money offered so long as the Beneficiary accepts the offer,or a loan contract is created; a transaction cannot be cancelled thereafter. Once a beneficiary accepts an offer for money and/or a loan contract is created in some other manner, he is not entitled to a refund of the money and bound by the terms of the contract, and the transaction cannot be cancelled.

8. AMENDMENT TO TERMS OF CONTRACT

Maybright shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the customer shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions at Maybright's Website or the Application on the date that Maybright may indicate that such addition, variation or amendment is to come into effect.

9. INTELLECTUAL PROPERTY RIGHTS

Maybright is the sole owner or lawful licensee of all the rights to the Website/Application and its content. Website/Application content means its design, layout, text, images, graphics, sound, video, etc. The Website/Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website/Application and its content shall remain with Maybright, its affiliates or licensors of Maybright content, as the case may be.

All rights not otherwise claimed under this Terms of Registration or any other terms, are hereby reserved. The information contained in the Website/Application is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Maybright does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on the Website/Application, or the quality of any products, information or other materials displayed, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the Services.

We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in the Website/Application is provided "AS IS" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall Maybright, its directors, employees, agents, affiliates, or partners, be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Services. User(s) of Website/ Application must hereby acknowledge that any reliance upon any content shall be at their sole risk.

Maybright clearly states that all information shared by the Users on or through the Website or the Application, shall upon such act of sharing become part of the proprietary asset of Maybright can be used/ commercially exploited by Maybright in compliance with applicable laws with no requirement of further consent from the disclosing User.

Maybright reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Services.

10. TRADEMARK

All related icons and logos are registered trademarks or trademarks or service marks of Maybright in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

11. COPYRIGHT


All content on Website/ Application is the copyright of Maybright except the third party content and link to third party website on our Website/Application.

Any systematic retrieval of Maybright content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Maybright is prohibited.

In addition, use of the content for any purpose not expressly permitted in this Terms is prohibited and may invite legal action. As a condition of Your access to and use of Maybright's Services, You agree that You will not use the Website/ Application Services to infringe the intellectual property rights of others in any way. Maybright reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the Maybright Services, or if Maybright believes that user(s) conduct is harmful to the interests of Maybright, its affiliates, or other users, or for any other reason in Maybright's sole discretion, with or without cause.

12. CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS

By clicking the “Login”, “Register”, or “I Agree” button, You consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by You when we send the electronic communication to the email address / mobile number that as per our records, or when we post the electronic communication on the Application or the Website.

13. CHOICE OF LAW AND DISPUTE RESOLUTION

These Terms of Registration shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that any and all disputes arising from or relating to these Terms of Registration, the Application or the Website shall be resolved exclusively by arbitration under the Arbitration and Concilliation Act, 1996 and the governing law of such arbitration shall be Indian Law. The arbitral tribunal shall consist of a sole arbitrator to be appointed by Maybright and the seat and place of such arbitration shall be Kolkata.

PRIVACY POLICY

Maybright is committed to protecting its Website visitors and mobile Application Users’ privacy. The following Privacy and Cookie Policy outlines the information Maybright (hereafter “Maybright”, “We” or “Us”) may process and how we may use that information to better serve users while using our Website (the 'Website'), our mobile customer application (the 'Application') and our services (collectively the "Services").

If You have questions about this Privacy and Cookie Policy, please contact us at support@mpokket.com

DEFINITIONS

"User" means a person who has signed up and is registered with Maybright for the use or potential use of the Service.

PURPOSES TO STORE YOUR PERSONAL DATA

A. OPTIMIZATION OF WEBSITE & APPLICATION

When You visit the Website, the administrator processes technical data such as Your IP-address, visited web pages, the internet browser You use Your previous/next visited websites and the duration of a visit/session to enable us to deliver the functionalities of the Website. In addition, in certain instances the browser may prompt You for Your geo-location to allow us to provide You with an enhanced experience. With this technical data the Website administrator can manage the Website, for instance by resolving technical difficulties or improving the accessibility of certain parts of the Website. This way, we ensure that You can (continue to) find the information on the Website in a quick and simple manner.

When You use the Application, we also process technical data such as Your IP-address, Device ID or MAC-address, and information about the manufacturer, model, and operating system of Your mobile device. Maybright may also process other data from Your phone such as Your contact list, call history, location, SMS, information on usage of other apps, photo gallery, phone camera, etc. based on Your consent at the time of installing the Application or subsequent updates. We may also access information on other applications in Your phone based on the access settings or criteria of those applications. Maybright will use this data to enable itself to deliver the functionalities of the Application, resolve technical difficulties, and provide You with the correct and most up to date version of the Application and to improve the function of the Application.

B. OPTIMIZATION OF CUSTOMER SERVICE

When You register as a User, we will collect Your name, email address, country, language, password, mobile phone number, IP-address, Device ID.

We will use Your contact details to send You a welcoming email/message to verify Your username and password, to communicate with You in response to Your inquiries, and to send You service-related announcements, for instance, if our Services is temporarily suspended for maintenance. We will use Your registration information to create and manage Your User account. We may deactivate Your account if we suspect that You use our Application to commit fraudulent or illegal acts or if You violate our terms of use.

C. PERSONAL INFORMATION

When You use the service of the Application, the Website or the CC we provide, You don’t reveal any of Your personal information to the other Users except to potential Benefactors when you have applied for pocket money as a Beneficiary or as party to a contract where you are either a Beneficiary or a Benefactor.

When you use Maybright’s Application, Website, or CC services, Maybright may also collect partial payment data and other information associated with transactions that you make using debit or credit cards, online banking services, ecommerce web sites and apps, and mobile wallets by accessing, collecting, and analysing Your SMS inbox. Maybright may also collect from Your mobile telephone information about Your contact list, call records, location, and usage of other applications in order to understand your behaviour. Maybright will only do this with Your prior consent to do so, and collect SMS only from alphanumeric SMS senders (that is, Maybright will not collect information from ten-digit mobile phone number SMS senders). Maybright may also record the identity of the product or service in respect of such SMS messages, and the price or fee paid or payable in respect of such products or services.

D. DISCLOSURE OF YOUR DETAILS

We may employ third party firms and individuals to facilitate or provide the Services on our behalf, to process payment, provide customer support, to perform Website-related or Application-related services (e.g., without limitation, maintenance services, database management, web or app analytics and improvement of the Website's or Applications features) or to assist us in analyzing how our Services is used. These third parties may have access to Your personal information only to perform these tasks on our behalf and are contractually bound not to disclose or use it for any other purpose.

Maybright will disclose Your personal data to the extent that this is legally required, or necessary for the establishment, exercise or defense of legal claims and legal process; or in the event of an emergency pertaining to Your health and/or safety.

If You believe that any information we are holding on You is incorrect or incomplete, please write or email us at support@mpokket.com as soon as possible. We will promptly correct any information found to be incorrect.

E. HOW WE USE COOKIES

A cookie is a small file which asks permission to be placed on Your computer's hard drive. Once You agree, the file is added and the cookie helps analyze web traffic or lets You know when You visit a particular site. Cookies allow web applications to respond to You as an individual. The web application can tailor its operations to Your needs, likes and dislikes by gathering and remembering information about Your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide You with a better website, by enabling us to monitor which pages You find useful and which You do not. A cookie in no way gives us access to Your computer or any information about You, other than the data You choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but You can usually modify Your browser setting to decline cookies if You prefer. This may prevent You from taking full advantage of the website.

F. LINKS TO OTHER WEBSITES


The Website may contain links to other websites of interest. However, once You have used these links to leave the Website, You should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information, which You provide whilst visiting such sites and this privacy statement does not govern such sites. You should exercise caution and look at the privacy statement applicable to the website in question.

H. CHANGES IN THIS PRIVACY POLICY

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify You by email or SMS message and by means of a notice on the Website prior to the change becoming effective. We encourage You to periodically review this page for the latest information on our privacy practices.

I. CONTACTING US

If there are any questions regarding this privacy policy You may contact us at 54/C Hazra Road, Kolkata – 700019 or at 033-24750137 or at support@mpokket.com.

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