TERMS AND CONDITIONS OF USE
These terms and conditions of use (hereinafter the "Terms") establish a legally binding agreement between Poincare Technologies Private Limited, having its principal place of business at # 322, Rahat Bagh, Nagavarplaya Main
Road, C.V.Raman Nagar, Bangalore – 560093 (hereinafter referred to as "POINCARE''), which expression shall include where appropriate its affiliates, successors and assigns) and you and shall apply to the access and use of the website
Pixelcard.club, the Poincare website (hereinafter collectively referred to as the "Website"), and the Services (as defined below) rendered by POINCARE. Persons availing the credit cards, loans and advances and facilities on
our Website (collectively the "Services") are hereinafter referred to as Users or you.
POINCARE may, at its sole discretion and without any prior notice to the Users, amend, change or otherwise modify any portion of these Terms from time to time and it is the User’s responsibility to review these Terms periodically for any
updates/changes. Unless otherwise set out herein, amendments will be effective upon POINCARE posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or
use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in
addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Service(s).
Unless the context otherwise requires or unless otherwise defined or provided for herein, the capitalized terms used in this Terms shall have the following meanings:
- Terms shall mean these terms and conditions of the website;
- POINCARE shall mean Poincare Technologies Private Limited;
- Users or You shall have the meaning given to in para I above;
- Website shall mean https://pixelcard.club, the Poincare website;
- Services shall have the meaning given to in clause 5 below;
- Account shall have the meaning given to in clause 2 a below;
- Advance shall have the meaning given to in clause 3 a below;
- POINCARE Partner shall have the meaning given to in clause 3 a below;
- Credit Facility Application shall have the meaning given to in clause 5 a below;
- Loan Documentation shall have the meaning given to in clause 5 e below;
- Disclosing Party shall have the meaning given to in clause 12 below;
- Receiving Party shall have the meaning given to in clause 12 below;
- Confidential Information shall have the meaning given to in clause 12 below;
- Save where the context otherwise requires in this Terms:
- References to any law shall include such law as from time to time be enacted amended, supplemented or re-enacted;
- References to the words "include" or "including" shall be constructed without limitation;
References to this Terms or any other Terms, deed or other instrument or document shall be construed as a reference to such Terms, deed or other instrument or document as the same may from time to time be amended, varied or supplemented;
- The headings and titles in this Terms are indicative and shall not be taken into consideration in the interpretation or construction of the Terms;
2. PERSONAL ACCOUNT SET UP
In order to avail the Services, you must register for and maintain a personal account (Account). Account registration requires you to submit certain information such as your name, address, mobile phone number, age and any other
unique identifier that may be issued to you by POINCARE.
You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or result in
POINCARE termination of this agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise
permitted by POINCARE in writing, you shall only use and operate one Account. You acknowledge and agree that any misuse of your Account for reasons not attributable to POINCARE shall be to your account and you will be liable for any and
all liabilities incurred as a result of such misuse.
deemed to be part of these Terms.
You agree and authorize POINCARE to share your information with its group companies and other third parties, in so far as required for joint marketing purposes/offering various services/report generations and/or to similar services to
provide you with various value-added services, in association with the Services selected by you or otherwise. You agree to receive communications through emails, telephone and/or sms, from POINCARE or its third party vendors/business
partners regarding the Services/ancillary services updates, information/promotional emails and/or product announcements. In this context, you agree and consent to receive all communications at the mobile number provided (even if this
mobile number is registered under DND/NCPR list under TRAI regulations), and for that purpose, you further authorize POINCARE to share/disclose the information to any third party service provider or any affiliates, group companies, their
authorized agents or third party service providers.
You consent to allow POINCARE, its officers, representatives, consultants, affiliates and employees to access all documents uploaded, to analyse the information provided, to verify the same and to use such Information to fulfil the
Services. The information we will access when you access the App will include but will not be limited to credit information reports, personal information, identity documents, employment information bank statements and mobile data, we will
also have the right to get access to your contacts, to use such contacts as information provided to POINCARE and to access and reach out to them in case a need arises. By applying for our Services, it will be deemed that you have
consented to us accessing this information and have no objection to us contacting or following up with them on your whereabouts or to obtain other information in case you are not contactable or have changed your address after availing our
- POINCARE will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing the Services and ancillary services.
3. CUSTOMER DUE DILIGENCE REQUIREMENTS
You agree and acknowledge that for undertaking any financial transaction through the Website, POINCARE may undertake client/customer due diligence measures and seek mandatory information required for KYC purpose which as a customer you
are obliged to give, while facilitating your request of Credit Cards/ loan/short term credit facility (Advance) requirements with third party vendors/ business partners/ lender partners/ banks/ financial institutions (hereinafter
referred to as POINCARE Partner) in accordance with the applicable Prevention of Money Laundering Act, 2002 and Rules (as amended from time to time). POINCARE may obtain sufficient information to establish, to its satisfaction or
the POINCARE Partner’s the identity of each new customer, and the purpose of the intended nature of relationship between you and the POINCARE Partner. You agree and acknowledge that POINCARE can undertake enhanced due diligence measures
(including any documentation), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under the applicable Prevention of Money Laundering Act, 2002 and Rules.
- You agree that POINCARE/POINCARE Partner are authorized to pull your credit report from various credit bureaus including CRIF High Mark Credit Information Services, TransUnion CIBIL and similar agencies.
- If you are an individual, you must:
- Be a resident of India;
- Be at least 18 (eighteen) years old to agree to these Terms;
- Represent and warrant that you are capable of entering in to these Terms and performing the obligations set out hereunder.
- If you are a non-individual, you must:
- Be duly authorized (by such non-individual entity) to agree to these Terms;
- Represent and warrant that you are capable of entering into these Terms and performing the obligations set out hereunder.
- Any use of the Website by ‘bots’ or other automated tools or methods is not permitted under these terms.
The Service constitutes of your access to site, the assessment by POINCARE of your credit worthiness, and subject to POINCARE determining (in its sole and absolute discretion) that it is appropriate, your ability to submit an application
(Credit Facility Application) for Advance to a POINCARE Partner and use of such other functionalities of Website as permitted by POINCARE. When submitting a Credit Facility Application for an Advance on the Website, you agree to
provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, POINCARE has the right to terminate your Credit Facility Application and to decline to
provide any and all future use of the Website. We reserve the right to decline your Credit Facility Application for an Advance. For the avoidance of doubt, POINCARE is under no obligation whatsoever to reveal to you (including your
nominees, heirs and successors) its assessment of your creditworthiness at any point in time.
You acknowledge that POINCARE allows you to submit a Credit Facility Application on the basis of a determination made by methodologies and algorithms in the Website. The Website undertake a dynamic evaluation of risk in relation to each
Credit Facility Application submitted by you based on various factors including the amount of the Advance, the credit eligibility parameters and other requirements set out by the POINCARE Partner. The Website may undertake a separate
determination in relation to each Credit Facility Application made by you. Given the dynamic nature of the determination made by the Website, you acknowledge that there is no assurance or guarantee that POINCARE shall allow you to submit
a Credit Facility Application for each and every Advance that you seek to avail.
You agree and accept that POINCARE or a POINCARE Partner may in its sole discretion, by itself or through authorised persons, advocate, agencies, bureau, etc. verify any information given, check credit references, employment details and
obtain credit reports to determine your creditworthiness from time to time.
The Service does not guarantee that the Advance sought by you will be disbursed to you by the POINCARE Partner. POINCARE will make a preliminary determination of your creditworthiness in relation to every Advance sought by you and submit
its determination in this regard to the POINCARE Partner. The final decision on whether or not to grant you the Advance will rest with POINCARE Partner and will be made using POINCARE Partner’s credit decisioning processes and
methodologies. POINCARE Partner is free to reject any recommendation made by POINCARE to it about processing of a Credit Facility Application or grant of Advance to you.
POINCARE Partner will require you to submit further documentation, information and details as required under applicable laws and its internal policies prior to taking any decision about grant of Advance to you. When POINCARE Partner
decides to grant an Advance to you, it shall require that you execute a credit card/loan/credit facility agreement (Loan/ Credit card Documentation) with it to record the terms of the arrangement.
You must repay the Advance along with all interest, charges and fees payable to POINCARE Partner in such manner as prescribed by POINCARE Partner as and when it becomes due.
- Separate Transactions:
You acknowledge that an Advance disbursed under the Loan Documentation is a distinct transaction between you and POINCARE Partner, independent of POINCARE’s Services. Any dispute between POINCARE Partner and you with respect to any
Advance disbursed to you, must be directly settled between POINCARE Partner and you and that you will not include or seek to include POINCARE in such dispute, failing which POINCARE shall be at liberty to take any and all actions that
may be available to it to protect its interests and you will be liable to indemnify POINCARE for all cost, losses and damages incurred in this regard.
6. NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Website/Services. Your mobile network's data usage rates and fees will apply if you access or use the Website/Services from a wireless-enabled device. You are
responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website/Services and any updates thereto. POINCARE does not guarantee that the Website/Services, or any portion thereof, will function on
any particular hardware or devices. In addition, the Website/Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
7. USER GENERATED CONTENT
By sharing or submitting any content including any data and information on the Website, you agree that you shall be solely responsible for all content you post on the Website and POINCARE shall not be responsible for any content you make
available on or through the Website. At POINCARE's sole discretion, such content may be included in the Services and ancillary services (in whole or in part or in a modified form). With respect to such content you submit or make available
on the Website, you grant POINCARE a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or
any part of such content. You agree that you are fully responsible for the content you submit.
You are prohibited from posting or transmitting to or from this Website:
- any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright,
trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to
8. COLLECTION AUTHORIZATION
You agree to allow POINCARE to send you payment reminders from time-to-time at such frequency and in such manner as permissible under applicable law. You further permit POINCARE to use -
- any User Generated Content (as defined in Clause 7 above); and/or
other information which you have granted POINCARE access to, for the purposes of enabling POINCARE to send payment reminders to yourself or to other persons who can be contacted by POINCARE through you whether or not such other
persons are users of the Website to the extent permitted under applicable law.
You expressly permit POINCARE to use any or all of the information provided or generated by you for POINCARE’s collections agency services in respect of –
- any credit facility you may have availed from any credit issuing entity, irrespective of whether or not POINCARE facilitated the obtaining of such credit facility as provided for elsewhere in this agreement; or
any credit facility availed of by a third party from any credit issuing agency where POINCARE’s analysis determines that the information you have provided POINCARE will enable it to contact such person by either-
- deriving contact information for such third party from the information provided by or generated by you and then contacting them directly; or
- by contacting you and requesting if you will be willing to share contact information for such third party or by requesting you to inform such third party that POINCARE is attempting to contact her/him.
9. LIMITED WARRANTY
You understand and acknowledge that certain risks are inherent in the transmission of information over the internet. By entering in to this agreement, you have chosen to use the security measures provided by POINCARE even though other
security measures are available. While POINCARE uses industry standard information security measures to protect the Services from viruses and malicious attacks, POINCARE does not represent or guarantee that the Services will be free from
loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and POINCARE disclaims any liability relating thereto to the extent that such loss, corruption, attack, viruses, interference, hacking, or other
security intrusion occur despite POINCARE using the information security measures. POINCARE warrants that, during the term of this agreement, POINCARE will employ commercially reasonable system security measures. Except as expressly set
forth in this Clause, POINCARE makes no representation, warranty, covenant or agreement that its security measures will be effective and neither POINCARE nor its affiliates shall have any liability for the breach of its security measures,
or the integrity of the systems or POINCARE’s computer servers, unless caused by the willful misconduct or gross negligence of its employees.
The Services are provided to you on an as-is and as available basis. POINCARE is not responsible for any failure of the telecommunications network or other communications links utilised to gain access to the Services.
POINCARE does not represent that the Services will meet your requirements or that operation of the Services will be uninterrupted or error free.
You further acknowledge that the Service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Service could
lead to death, personal injury, or severe physical or environmental damage.
POINCARE and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors hereby disclaims and expressly waives all other, conditions, representations and guarantees, whether express or implied, arising by
law, custom, oral or written statements of POINCARE or third parties including, but not limited to, any warranty of merchantability or fitness for particular purpose or of error-free and uninterrupted use or of non-infringement except to
the extent expressly provided above (limited warranty). In particular, POINCARE and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors make no warranty that (i) the service will meet your
requirements; (ii) your use of the service will be timely, uninterrupted, secure or error-free.
Subject to your compliance with these Terms, POINCARE grants you a limited, non-exclusive, revocable, non-transferrable license in India to:
- access and use the Website through your personal computer system or other mobile communication device solely in connection with your use of the Services; and
access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by POINCARE and
11. TERM AND TERMINATION
These Terms and the right to use granted hereunder shall take effect on the date you create an account with POINCARE, and shall continue in effect until either you or POINCARE terminates this agreement in accordance with this Clause.
Either party may terminate this agreement by providing 30 days notice of the same.
POINCARE may terminate the agreement:
30 days after POINCARE gives you notice of your breach of any provision of the agreement (other than your breach of its obligations under Clause 11 (Confidential Information) which breach shall result in immediate termination) and
which you do not cure within the 15 day notice period; or
- Immediately for not repaying the Advance or any other charges payable by you pursuant to these Terms; or
- If you file for bankruptcy, become insolvent, or make an assignment for the benefit of creditors.
- All accrued rights and obligations of the parties shall survive any termination of these Terms and the Terms shall continue to be valid till such rights and obligations are extinguished or fulfilled.
12. CONFIDENTIAL INFORMATION
In course of your dealings with POINCARE, either party (Disclosing Party) may share and provide the other (Receiving Party) with access to its confidential and proprietary information (Confidential Information). Confidential
Information may be disclosed either orally, visually, in writing (including graphic material) or by way of consigned items. The Receiving Party agrees to take all reasonable security precautions, including precautions at least as great as
it takes to protect its own confidential information, to protect the secrecy of the Confidential Information. Confidential Information shall be disclosed only on a need-to-know basis. Except as provided herein, the parties agrees to treat
the same as confidential and shall not divulge, directly or indirectly, to any other person, firm, corporation, association or entity, for any purpose whatsoever, such information, and shall not make use of such information, without the
prior written consent of the Disclosing Party. Confidential Information includes but is not limited to the Services, documentation, third party materials, business plans, business forecasts, financial information, customer lists,
development, design details, specifications, patents, copyrights, trade secrets, proprietary information, methodologies, techniques, sketches, drawings, models, inventions, know-how, processes, algorithms, software programs, and software
applies to all your information collected under these Terms. You further understand and agree that this information may be transferred to the other countries for storage, processing and use by POINCARE, its affiliates, and/or their service
providers in accordance with applicable law.
14. LIMITATION OF LIABILITY
In no event shall POINCARE be liable, whether in contract, tort (including negligence) or otherwise for any loss of profits, business, contracts, or revenues, loss of operation time, increased costs or wasted expenditure, loss of goodwill
or reputation, special, indirect, incidental punitive or consequential damage of any nature whatsoever or howsoever arising out of this agreement.
The maximum aggregate amount that you or any party claiming through you can recover from POINCARE and its affiliates, officers, employees, agents and professional advisors for all claims arising from, under or relating to this agreement
(whether in contract, tort including negligence or otherwise) will in no event exceed Loan amount approved to your Account
You shall defend, indemnify and hold harmless POINCARE, it’s officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, debts and costs (including reasonable attorneys’ fees),
brought against POINCARE by third parties alleging that –
- your use of and access of the Services;
- your violation of these Terms;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that the User Generated Content you submitted caused damage.
Your indemnification obligation under this Clause will survive termination of this Agreement and your use of the Services.
You may not assign this agreement without the prior written consent of POINCARE.
17. ARBITRATION AND GOVERNING
LAW The Parties hereby agree that this agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Any and all disputes that arise under this agreement shall be
subject to the exclusive jurisdiction of the competent courts in Bangalore, India.
18. FORCE MAJEURE
POINCARE shall not be liable to the other for failure or delay in the performance of Services, if such failure or delay is caused by strike, riot, fire, flood, natural disaster, or other similar cause beyond its control.
No waiver of any breach of any provision of this agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of this agreement. Further, no waiver shall be effective unless made in
writing and signed by an authorised signatory of the waiving party.
If any of the terms, conditions or provisions contained in this agreement are determined by any court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent
be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
All notices and other communications made or required to be given under this agreement shall be in writing and shall be deemed given upon receipt when sent through email, registered post acknowledgement due, or through personal service to
the address specified below:
If to POINCARE:
If to you:
To the email id and address provided at the time of registration and set-up of Account.
22. ENTIRE AGREEMENT
These Terms along with any supplementary terms or addendum as may be prescribed by POINCARE/POINCARE Partner constitute the entire agreement between the parties pertaining to the subject matter contained herein and any written or oral
agreements existing between the parties or modifications to these Terms shall have no force or effect unless expressly agreed to in writing or acknowledged in writing by POINCARE.