PICKR

Terms & Conditions

These Terms and Conditions govern the use of the services that are made available by PICKR. These Terms and Conditions represent the whole agreement and understanding between PICKR and the individual or entity who takes our services.

TERMS OF USE & SERVICE

Terms of Use &Service needs to be read, understood & agreed by a user before initiating any kind of transaction with us.

This web site, www.pickr.in is published and maintained by Logicsort Pvt. Ltd. When the user accesses, browses or uses this website, User accepts, without limitation or qualification, the terms and conditions set forth herein below. When the User accesses any other website through this website, then such other website may have its own terms and conditions of use which is specific to such other website. These Terms of use and any additional terms posted on this website together constitute the entire agreement between PICKR and the User with respect to use of this website. In the case of any violation of these terms and conditions, PICKR reserves its rights to seek all remedies available in law and in equity for such violations.

Site and its Contents:

All materials provided on this website are only for the specific purpose only. User shall not distribute exchange, modify, sell or transmit anything that User copy from this website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. As long as the User is complying with the terms of these terms and conditions stated on this website, PICKR grants to User a non–exclusive, non–transferable, limited right to enter, view and use this website. The User agrees not to interrupt or attempt to interrupt the operation of this website in any way. Access to certain areas of the website may only be available to registered members. All materials including various softwares are property of PICKR and protected by applicable copyright and other intellectual property laws.

Ownership:

All materials on this website, including but not limited to audio, images, software, text, icons and such like (the “Content”), are protected by applicable copyright and other copyright laws. User cannot use the Content, except as specified herein. The User agrees to follow all instructions on this website limiting the way the User may use the Content. There are number of proprietary logos, service marks and trademarks displayed on this website whether owned/used by PICKR or otherwise. By displaying them on this website, PICKR is not granting to User any license to utilize those proprietary logos, service marks, or trademarks, in any manner whatsoever. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Devices:

The User agrees that User will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. User agrees that User will not use any device, software or routine to interfere or attempt to interfere with the proper working of this website. User agrees that User will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Transmitted Material:

Internet transmissions are never completely private or secure. User understands that any message or information that User sends to this website may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card, Debit card information) is encrypted (send in code). Sending a message to this website does not cause website to have any special responsibility to User. The copyright in the contents of this website belong to PICKR, accordingly PICKR reserves all the rights. Copying of part or all the contents of this website without permission of PICKR is prohibited except to the extent that such copying/printing is necessary for the purpose of availing the service opted by the user for his/her convenience.

Modifications:

PICKR may add to, change or remove any part of these terms and conditions at any time, without notice. Any changes to these terms and conditions or any terms posted on this website will become applicable as soon as they are posted. By continuing to use this website after any changes, the User is indicating the acceptance of those changes. PICKR may add, change, discontinue, remove or suspend any other Content posted on this website, including features and specifications, process flow depicted on the website, temporarily or permanently, at any time, without notice and without any liability. PICKR reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of PICKR systems remain, well–protected. Towards this end, PICKR may take various steps to verify and confirm the authenticity, enforce-ability and validity of the transactions committed by the User.

PICKR Recharges:

PICKR is providing recharge services of various prepaid and postpaid mobile phones, DTH just as a reseller only. PICKR is not a telecommunication company/service provider or DTH service provider and is only a reseller of prepaid, postpaid mobile and DTH services provided by telecommunications and DTH service providers or other distributors or aggregators of such service providers. PICKR does not provide any warranty or guarantee for the services provided by the service provider(s). Recharge sold by us to User is sold without recourse against us for any breach of contract by the telecommunications service provider. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between User (or the recipient of the Recharge) and the telecommunications service provider.

Bus/ Air/Rail Tickets:

a) PICKR is only providing a platform for getting Bus/Air/Rail tickets. PICKR does not operate transportation services of its own. It is the sole discretion of the User to select any operator or mode as per User’s convenience.

b) PICKR is merely responsible for providing this platform for issuing tickets, cancellation, support for refund against cancellation and other available information. Besides these responsibilities PICKR shall not be responsible for any issue arising out of User’s travel including but limited to time schedule, services offered, luggage safety etc.

c) Any cancellation or refund shall be carried out as per the terms and policy of the service provider.

d) Users/Passengers are required to abide by all the terms and conditions for availing the services including carrying the valid ticket, identity proof, not carrying any combustible or dangerous article, weapon etc.

e) Any facility, service, amenity shown as a part of the deal or transaction will be provided by the service provider only, PICKR shall not be responsible for any such offer or deal. User shall be free to inquire about the offer and take the decision.

f) Bill payment/Insurance premium payment etc for availing or using the said service of payment of any bill, premium etc. User undertakes to provide complete, correct and all the requisite information for making the payment. Failure to provide complete or correct information will entitle PICKR to reject the transaction, suspend or terminate User’s account for any future operation. PICKR shall not be responsible for any liability arising due to any of the below stated reason which is not an exhaustive list:

  1.Insufficiency of funds in User’s account.

  2. Information provided by the User is incomplete, incorrect.

  3. Any discrepancy or rejection by the service provider (to whom the payment is to be made for services).

  4. Any reason not attributable or beyond the control of PICKR.

  5. Rejection by the bank or financial institution for any reason as per their procedure/process. PICKR shall intimate to the User about the failed payment.

Domestic Money Remittance:

a) PICKR shall not be responsible in any manner whatsoever for any delay in domestic money remittance services due to reasons attributable to the Bank/ NPCI/ RBI or any statutory/governmental authority.

b)User hereby agrees to be bound by all the terms and conditions as applicable on PICKR, in its Agreement with the Bank for domestic money remittance services.

c) PICKR trusts that the KYC provided by the User to PICKR are duly self attested, true and authentic.

d) User shall ensure that the amount, with which User uploads his wallet with PICKR, is not obtained from proceeds of any crime.

User’s Obligations:

a) General Obligations: The User shall access the site only for lawful and specific purpose(s) for which he/she has opted for and User shall be responsible for complying with all applicable laws, statutes and regulations in connection with the use of this web site. The User shall not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this Website. User shall not create a hypertext link to the Website or "frame" the Website.

b) Information Provided: The information provided by the User in the Registration page must be complete and accurate. PICKR reserves the right at all times to disclose any information as PICKR deems fit & necessary to comply with any applicable law, regulation, legal process, or Central / State Governmental request.

c) Use of the Services: User may only use this service to make legitimate transaction / payments. Without limitation, any speculative, false or fraudulent transaction is prohibited. The services provided by the website are opted by the User for his/her convenience.

d) User Responsibility: The User confirms to us that User is 18 years of age or above and has the legal capacity to enter into this Agreement with us and that all information provided by the User in respect of use of the service is true and accurate to the best of User’s knowledge and belief. User is responsible for the security of the password and for all transactions undertaken using his/her password through our service. The User confirms that User is the authorized holder of the original account used in the transactions and User alone uses the "id" and "password" created by the User for the website. PICKR or any of its representative, agent, consultant, sub-contractor etc. will not be responsible for any financial loss, inconvenience or mental agony resulting from use or misuse of User ID/password/credit card details/Debit card details/bank account details for making transactions on / from this website.

e) Avoid double booking: If User tried to make an online transaction and due to some technical error, User did not get any payment confirmation, please check the respective account details from transacting bank or speak to customer care, before attempting another transaction. PICKR or any of its representative, agent, consultant, sub-contractor etc. will not be responsible for any such transaction losses.

f) Disclaimer: The material displayed on this website could include technical inaccuracies or typographical errors. PICKR or any of its representative, consultant, sub-contractor etc may make changes or improvements at any time to rectify or make improvements in the contents of the website.

g) PICKR does not warrant that the functions contained in this website will be uninterrupted or error free. Error or defects may arise during the normal usage of the website, that errors/defects will be corrected and make it free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction.

h) PICKR does not warrant or make any representations regarding the use of or the result of the use of the material on this website in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from us.

i) User acknowledges that access to this website is provided only on the basis set out in these terms and conditions. User’s uninterrupted access or use of this website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. PICKR does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the website.

Force majeure

PICKR shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions or are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government/any governmental or statutory authority including NPCI/RBI, acts of terrorism or other similar causes.

Safety of data downloaded

The User understands and agrees that availing any of the services through this website or any material and/or data downloaded or otherwise obtained through the use of PICKR services is done entirely at his/her own discretion and risk and User will be solely responsible for any damage to his/her computer systems or loss of data that results from the downloading of any material and/or data or availing any of the PICKR services available on this website. Nevertheless, PICKR will always make its best endeavors to ensure that the content on this website or other information channels are free of any virus or such other malwares, malfunctions etc.

Relationship

None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of this website, shall be deemed to constitute a partnership between the User and PICKR and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

Jurisdiction

PICKR hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. PICKR considers itself and intends to be subject to the jurisdiction only of the courts of Delhi.

Limitation of Liability

Notwithstanding anything to the contrary contained herein, neither BSPL (PICKR Services private limited), nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to users or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the site or the offerings, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. To the maximum extent permitted by law, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to the value of the transaction or Rs 500/- (rupees five hundred only) whichever is lesser.

Indemnification

User shall defend, indemnify, and hold harmless PICKR and its affiliates, officers, agents, representatives and employees from and against all claims, lawsuits, actions, demands, liabilities, expenses (including fees and disbursements of counsel), judgments, settlements, and penalties of every kind arising from or in any way relating to:

i. User’s breach/violation of any terms or conditions mentioned on this website.

ii. User’s violation or alleged violation of any applicable law in relation to use of this website

iii. Any act of fraud, negligence, misrepresentation by User.

iv. Penalty, fine or any charges imposed by any regulatory/statutory/governmental authority/Bank on PICKR with respect to any acts of commission or omission by the User.

v.User’s performance/non-performance of his obligations under these terms and conditions.

Dispute Resolution

User agrees that any dispute arising out of, use of this website or availing PICKR services, shall be first resolved by amicable means and failure to resolve the same within 30 days shall entitle PICKR to refer the matter to arbitration conducted by sole arbitrator appointed by PICKR. The proceedings shall be conducted as per Arbitration and Conciliation Act 1996 or any of its successive statue/amendments. The seat of arbitration shall be at Noida and proceeding shall be conducted in English language. The award passed by the arbitrator shall be final and binding on the User.

Termination

User agrees that PICKR shall have all the rights to suspend or terminate User’s account wholly or partly or usage of services and/or User’s profile at any time. PICKR may also in its sole discretion and at any time discontinue providing access to PICKR services, or any part thereof, with or without notice.

PRIVACY POLICY

PICKR is committed to respect privacy and choice of its User(s) and /or business associates while using this website. This statement highlights our privacy practices regarding Personal Information that we hold of our User and business associates.

Definition:

For the purposes of this privacy policy, ‘Personal Information’ means and includes all information and sensitive personal data that can be linked to a specific individual or to identify any individual, such as name, address, mailing address, telephone number, email ID, credit card details, debit card details, cardholder name, card expiration date, information about User mobile phone, DTH service, data card, electricity connection and any details that may have been voluntarily provided by the User in connection with availing any of the services on this site. Exception: Any information which User provides to an open, public environment or forum including (without limitation) any blog, chat room, social networking site, albums, community, classifieds or discussion board, is not confidential, does not constitute Personal Information, and is not subject to protection under Privacy Policy.

Use of Personal Information:

PICKR uses Personal Information for providing User with services explicitly requested by the User, to resolve disputes, troubleshoot concerns, for promoting safe services, collect money, assess User’s interest in our services, inform User about offers, services, updates, customize User’s experience, detect & protect PICKR against error, fraud and other criminal activity, enforce our terms and conditions, etc.

Collection and use of non-personal information

PICKR may collect non-personal information about User whenever they use and interact with the services. Non-personal information may include the browser name, the type of computer and technical information about means used by the User to connect to PICKR services, such as the information about the operating system and the internet service providers utilized and other similar information.

This information is aggregated and used to help PICKR provide more useful information to the User and to understand which part of the services, its products and services are of most interest.

If PICKR does combine non-personal information with Personal Information, the combined information will be treated as Personal Information for as long as it remains combined.

How we use cookies?

A cookie is a small file which asks permission to be placed on the User’s desktop/laptop/mobile device's memory drive. Once the User agrees, the file is added and the cookie helps analyze web traffic. Cookies allow services to respond to the User as an individual. The services can tailor its operations to the User’s needs, likes and dislikes by gathering and remembering information about the User’s preferences.

Cookies help us better understand User’s behavior, and tell us which part of the services Users have visited and facilitates and measure the effectiveness of products and services offered by us. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that internet protocol (IP) addresses or similar identifiers are considered Personal Information by applicable law, we also treat these identifiers as Personal Information.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our services 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 User with a better experience of PICKR services, by enabling us to monitor which pages Users find useful and which the Users do not. A cookie in no way gives us access to the User’s desktop/laptop/mobile device or any information about the User, other than the data a User chooses to share with us.

A User can choose to accept or decline cookies. Most web browsers automatically accept cookies, but a User can usually modify its browser setting to decline cookies if the User prefer. This may prevent the User from taking full advantage of the services.

Advertising

Advertisement appearing on the PICKR services may be delivered to the User by advertising partners, who may set cookies. These cookies allow the ad server to recognize the User computer each time they send the User an online advertisement to compile non-personal information about the User or others who use the User computer. This information allows advertisement networks to, among other things, deliver targeted advertisements that they believe will be of most interest to the User. This Policy does not cover the use of cookies by any advertisers.

User acceptance of these terms

By using the Services, User signifies his/her acceptance of this Policy. If the User does not agree to this Policy, please do not use the PICKR services. User continued use of PICKR services following the posting of changes to this Policy will be deemed User acceptance of those changes.

Disclosure of Data / Information:

PICKR will not share any personal or sensitive data with any external organization unless the same is necessary to enable it to provide services (to User or business associates) or to enable completion of a legitimate transaction or for reporting which may be necessary or required pursuant to applicable law or pursuant to the terms and conditions applicable to such information as agreed to with PICKR. PICKR may disclose information about User and / or business associates if directed by court, regulatory, statutory or other authorities. PICKR shall immediately take consent of the User and / or business associates giving sufficient details of the court order or regulatory or statutory or similar process before disclosing the information of User and / or business associates.

PICKR shall access, preserve and share your information:

(i) With regulators, law enforcement or others in response to a legal request (e.g. a search warrant, court order or subpoena) if we have a good-faith/ belief that the law requires us to do so. This may include responding to legal requests from jurisdictions anywhere in India or abroad when we have a good-faith/ belief that the response is required by law in that jurisdiction, affects users in that jurisdiction and is consistent with Indian recognized standards.

(ii) When we have a good-faith/belief that it is necessary to: detect, prevent and address fraud, unauthorized use of the products, violation of our Terms or Policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or products and services), the User or others, including as part of investigation or regulatory enquiries; or to prevent death or imminent bodily harm. For example, if relevant, we exchange information with third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our products and services.

Information that we receive about you (including financial transaction data) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation or investigations of possible violations of our Terms or Policies, or otherwise to prevent harm.

Observation of reasonable security practices:

PICKR shall take all reasonable precautions to maintain the confidentiality of Personal Information / data pertaining to its User and business associates by imparting proper training to its employees and by providing restricted access to persons who may require access to such data strictly on a need to know basis.

Links to Other Websites:

Website contains links to other websites. Please note that when User clicks on one of these links, User enters into another website for which PICKR takes no responsibility. PICKR encourages User to read the privacy statements/terms and conditions of all such websites as their policies/terms and conditions may be materially different from this Privacy Policy. User is solely responsible for maintaining the secrecy of its passwords and other membership account information.

New owner:

If the ownership or control of PICKR or all or part of our products and services or their assets changes, we may transfer the User’s information to the new owner.

Updates to this Privacy Policy:

PICKR may change the data privacy practices and update this privacy statement as and when the need arises, and the same shall be made available on the website. Users and business associates are requested to keep check on the same.

REFUND POLICY

Once a User chooses to avail any service plan/offer announced by PICKR and agrees to buy that plan/offer by due payment for that plan/offer to PICKR, such payment by User shall not be refunded by PICKR under any circumstances whatsoever. Please note that such act of buying PICKR’s plan is irreversible process under the applicable law.

Post receipt of payment from the User for the above-mentioned plan, PICKR shall create User ID in its system ONLY post successful KYC verification of such User. If the User is unable to get successful KYC done, PICKR shall not be able to create User ID of such User. Thus, in order to avail PICKR services on its portal, User has to mandatorily get his successful KYC verification done.

Post User Id creation, while availing various services on PICKR portal, a transactions which have failed for any reason directly attributable to PICKR and PICKR has received corresponding confirmation from the payment gateway, will be automatically refunded to User’s bank account within 3-21 working days from the date of transaction and a confirmation mail will be sent to User’s email id registered with PICKR. Please note that only the actual transaction amount will be refunded excluding payment gateway charges and all applicable taxes. However, for cases where User has received a successful completion confirmation but not received services, User is required to submit a complaint by sending an e-mail to customer care Email ID given on this website. PICKR shall enquire the matter after receiving the complaint from the User and based on the enquiry PICKR may refund the payment. In all cases, PICKR’s liability will be restricted to providing User a valid refund to the extent of corresponding payment received by PICKR with respect to a particular transaction. PICKR shall not be responsible for any other claim or consequential liability arising out of failed services on our system.

User accepts that this refund policy is subject to all the terms and conditions as stated in the Agreement of the User/business associate/retailer/distributor with PICKR.