Terms and Conditions

Important – please read these terms carefully. By using the services offered by us, you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the services and wish to discontinue using the services, please do not continue using the Platform (as defined below) or the services.

The Terms of Use stated herein (collectively, the “Terms” or this “Agreement”) constitute a legal agreement between you and Digital Loyalty Service Myanmar Limited (“Company”, “we” or “us”)

By using “Pocket”, a digital loyalty incentives platform supplied to you by the Company (“Platform”), you hereby expressly acknowledge and agree to be bound of the Terms, and any future amendments and additions to the Terms as published from time to time at our website.

Registration
  • Anyone of or above 16 years of age may sign up for Pocket.
  • You must provide your full name as it is stated on your Myanmar National Registration Card (NRC) or passport, the number of your NRC or passport and your correct mobile phone number. The purpose of requesting this information is to verify your identity should you lose your account details or would like to terminate your account.
  • Logging on to our website at our website and registering your account for free.
  • By registering for Pocket, you consent to receive promotional communication and newsletters from the Company.
  • You may only sign up for one account. We reserve the right to refuse, merge or close additional accounts at any time. Please note that your account is not transferable.
Earning coins
  • You can earn 1 point for every transaction of 100 Kyats (inclusive of commercial tax) paid for in cash, e-wallet, credit/debit cards or any methods as may be accepted by the merchants from time to time at Participating Outlets.
  • You must present your Pocket account or Pocket QR code at the time of payment to have the points credited to your account. We cannot credit points after the time of payment.
  • Points expire one year after the date on which they have been earned.Once expired, the points shall be automatically forfeited without notice to you. Forfeited points cannot be reinstated.
  • If a transaction is voided or a refund takes place, we reserve the right to deduct the Points earned from that transaction.
  • We may, at our sole and absolute discretion, increase or decrease the rate of points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from us any explanation pertaining to the calculation methods (for crediting the points) or other matters relating to the points or discounts for whatsoever purposes.
  • You must use your points earned to redeem for rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused points. We shall have the right to deal with the expired points in such manner as we deem fit in our absolute discretion. You agree that you will have no claim whatsoever against us for any expired points.
  • We reserve the right to hold the issuance of points earned until the transaction, including payment, are completed. Points earned from purchases from merchant will only be issued if the goods and services purchased are not returned, cancelled or refunded.
  • We may suspend the calculation and accrual of points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.
  • We reserve the right to deduct the balance of your accumulated points in the event that:
    – Any point is suspected of being fraudulently recorded;
    – Any point is recorded in error; and/or
    – Any point related to a transaction which has been cancelled or where a refund has been given.
Spending coins
  • You can only begin spending Pocket points once you have collected 1 point and above.
  • The points which are earned first will be recorded as having been spent first.
  • Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, assigned, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • Points accumulated on different accounts by different members may not be combined or aggregated for redemption of rewards/vouchers.
  • No points will be earned when you exchange points for rewards/vouchers.
  • Points can only be exchanged for rewards that are published on the Platform for the time being.
  • We reserve the right to refuse any redemption of the redeemed item if we have any reason to suspect the points were fraudulently accumulated by you or wrongly recorded.
  • We reserve the right to adjust the points tiers or requirements, as well as substitute or replace items with items of similar or equivalent value without prior notice to you.
  • Points that you have successfully redeemed for a reward cannot be exchangeable for another reward under any circumstances. No requests for exchange of rewards will be entertained.
  • We may at our sole and absolute discretion and without prior notice to you, reject your request to redeem points for any reason whatsoever, including without limitation, where:
    • There are insufficient points to redeem for the particular reward;
    • The reward is no longer made available or out-of-stock by the merchant;
    • The points you wish to use for redemption of rewards have been issued to you in error; or
    • We reasonably believes that the redemption transaction may be suspicious, illegal, involves any criminal activity or involves points that have been obtained through dishonest or fraudulent means or abusive behaviour.
Your responsibilities

By using Pocket, you represent and warrant that:

  • You will use one account for personal non-commercial use only. We grant you a non-exclusive, limited, revocable, non-transferable or sub-licensable right to access your account and use the account services for personal and non-commercial use only.
  • You will maintain only one account. You agree to obtain and maintain only one account, as we only recognise one account per individual.
  • You will safekeep your account details. You acknowledge that you are solely responsible for maintaining the confidentiality and security of your account details, including your login credentials, pin number, and other mechanisms or means (like biometric data) that may be used to access your account. You cannot share your login credentials or pin numbers with any third party. If you are using a public computer, please sign out from your account once you have completed your use of the account services. You must notify us immediately if you know or suspect that your account has been compromised or accessed without your permission.
  • You will provide true, complete and accurate information as required to participate in Pocket and update your information in a timely manner to keep it current at all times. You represent and warrant that all media, Personal Data and other information or data provided about yourself or others through the account or account services are true, complete and accurate.
  • You are eligible for the account services.
  • You will make your password difficult to decipher.
  • You will not utilise modified devices or applications with the intent to defraud us or to disrupt the functions of Pocket.
  • You are responsible for any transactions and activities through the account. You will be solely liable for all activity conducted through (or purportedly through) your account. You will be responsible for all access to or use of the account and the account services and we will rely on any information, data, instructions or communications referable to your login credentials, whether authorised by you or not.
  • You are solely responsible for all content you share with us or upload. You agree that you upload, share or transmit all content (including Personal Data) (“User Content”) at your own risk. We are not obliged to retain the User Content and you are encouraged to retain a back-up of it.
Member benefits 
  • From time to time, we may send you bonus coins, rewards, coupons, surprise gifts including birthday gifts, special offers and invitations to events (“Benefits”). These Benefits are personal to you and may not be transferred to other members. The Benefits are tailored for you based on your preferences and so you may receive different benefits from the other members.
  • All Benefits during your lifetime of experience with the Platform are non-transferable.
Participating Outlets

You can earn points and spend points at any outlets listed on our website.

Pocket Benefits

To qualify for Pocket Benefits, You must fulfil the following conditions:

  • You are at least 16 years of age and above as at the date of your participating entry;
  • You meet the minimum spending criteria as set out in these Terms;
  • You are mentally sound and have sufficient mental capacity, you are not insolvent/bankrupt, and you are not the subject of any criminal investigations or criminal proceedings in any jurisdiction at the time of your participation; and
  • You shall conduct yourself in an appropriate manner so as not to cause or bring any disrepute, contempt, scandal, ridicule or unfavourable perception of the participating merchants and/or Pocket.
Modification or Variation of Pocket
  • We may add more account services or modify the account services. In the event we add new account services of modify account services, we may notify you of any such new additions or modifications to the account services that will be available to you by having this account.
  • We may vary, modify, remove or update these Terms or any of the account service terms or any content in Pocket without notice to You. We may amend these Terms or any of the account service terms from time to time to reflect any changes in the way we provide the account services, our legal requirements, or otherwise. We may make changes by posting them on this page without notification to you. Where appropriate, we may notify (but not obliged to do so) these changes to you upon your login to access the account services or using other communication channels. It is your responsibility to check and read the most up-to-date versions of these Terms and all the account service Terms, and you are deemed to have notice of the amended versions upon publication of the amended Terms or account service Terms.
  • We may provide maintenance or support services for the account or the account services at our sole and absolute discretion.
Availability of the Platform
  • Although the Company aims to offer the best service possible, the Company makes no promise that the service of the Platform will meet your requirements. We do not guarantee that the service will be fault-free. If a fault occurs in the service, you should report it to participating outlets’ customers service or Pocket hotline and we will attempt to correct the fault (if any) at the earliest.
  • Your access to the Platform may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Rest assured we will do the same during a time convenient to most customers to cause minimum discomfort.
Disclaimers Against Warranties, Representations and Liability
  • The Platform, the account, account materials and account services are provided on an “as is” and “as available” basis without warranties of any kind. To the fullest extent permitted by the law, we do not make any representations or warranties of any kind related to the Platform, the account, the account materials and/or the account services, and disclaim all express, implied or statutory warranties of any kind to you or any third party, whether arising from usage or custom or trade or by operation of law. This includes a disclaimer on warranties of accuracy, completeness, correctness, timeliness, reliability, availability, interoperability, security, non-infringement, title, merchantability, quality or fitness for any particular purpose of the account or the account services.
  • We are not under any obligation to verify the authenticity of any transactions and activities conducted through your account or under any of the account services.
  • We will not verify any use or access to your account or any of the account services using any fingerprint recognition feature, face recognition feature or passcode stored on any of your devices.
  • We do not guarantee continuous accessibility to all functions and features of your account or uninterrupted operation of the account services, or that access to the account services will be secure, timely, uninterrupted or error-free.
  • We do not guarantee that defects will be corrected or that the account, the account materials and/or the account services and all connected servers will be free of all viruses and/or other malicious, destructive or corrupt code, programme or macro.
  • We may issue or provide updates/upgrades/new versions of the account, the account materials and/or account services, but we cannot guarantee that the account, the account materials and/or account services operates properly or at all if those updates/upgrades/new versions are not installed or implemented by you. We do not guarantee these updates will be made available or will continue to be compatible with your existing devices or their operating system.
  • We do not guarantee that the use of the account, the account materials and/or account services will not be an infringement or misuse of any third-party rights, including intellectual property rights.
  • We do not represent or warrant that:
    • The Platform or rewards will meet your requirements or expectations;
    • Any stored data will be accurate or reliable;
    • The quality of any products, services, information, rewards or another material purchased or obtained by you through the Platform will meet your requirements or expectations; or
    • Errors or defects in the Platform will be corrected.
  • We shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with your use of the services or the Platform.
  • The Platform may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications including the device used by you or the merchant being faulty, not connected, out of range of mobile signals or functioning incorrectly. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.
  • We are not responsible and not liable for (i) any obligations owed by the merchant to you at law and in respect of or in connection with the merchant’s goods and services provided to you; and (ii) any warranties, guarantees, returns, refunds, exchanges in respect of or in connection with the merchant’s goods and services provided to you. You agree that your sole remedy for all such disputes shall be against the merchant only.
 Intellectual property 
  • We shall own all right, title, interest, including all related intellectual property rights, in and to the Platform, and by extension, any services, suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Platform.
  • Our name, our logo, Pocket’s logo, the Platform’s logo and the third-party merchants’ logos and the product names associated with the Platform are our and/or our affiliates’ trademarks, and no right or license is granted to you to use them.
  • The contents of Pocket shall not be copied, reproduced or used for any commercial purpose without our express consent.
Updating the Member’s personal data  
  • A member can update his/her Personal Data via the Platform or Pocket hotline on 09-777400444.
  • You undertake that in case of any changes made on his/her personal data, You will keep his/her personal data up-to-date at all times. 
Right to suspend or cancel your account   
  • We may suspend or cancel your account with Pocket immediately at our sole and absolute discretion if:
    • you do not use your account for an extended period of three years and/or more.
    • you breach any obligation listed under these Terms;
    • we have reason to believe that you are using Pocket for any fraudulent purpose;
    • you are abusing Pocket or not using the scheme in a fair manner; or
    • you breach any law or regulation in the course of using Pocket. 
  • If your account is cancelled your points earned and Benefits will also terminate and you will have no further right to access them.
Termination and amendments    
  • We reserve the right at any time to:
    • Vary, modify or amend these terms and conditions (including adding or deleting any terms);
    • Terminate or modify the Pocket loyalty programme. You will be subjected to the Terms in force at the time that you use Pocket for any purpose. If any of these Terms is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition;
    • Revoke, adjust and/or recalculate any points awarded;
    • Change the number of points required for redemption of specific rewards or substitute any reward with another of a similar value;
    • Modify the qualifications and eligibility for earning points;
    • Modify the activities that earn points;
    • Modify the methods used to calculate the number of points to be awarded;
    • Withhold or cease the awarding of points to you;
    • Change the duration taken for points to expire.

Without prior notice to you and at our sole and absolute discretion.

  • If the Pocket loyalty programme is terminated, you will have no rights to points earned or Benefits which will also be terminated. You agree that you will have no claim whatsoever against us for any terminated points and Benefits.
Data protection and privacy    
  • You agree and consent to us using and processing your Personal Data for the Purposes and in the manner as identified hereunder. “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to us in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by us.
  • You expressly agree and consent to the Company using and processing your Personal Data for business and activities of the Company which shall include, without limitation the following (“Purposes”):
    • to perform the Company’s obligations in respect of any contract entered with you;
    • to provide you with any services pursuant to the Terms herein;
    • process, manage or verify your application for the Platform pursuant to the Terms herein;
    • to validate and/or process payments pursuant to the Terms herein;
    • to process any refunds, rebates and or charges pursuant to the Terms herein;
    • to offer you personalized benefits and to make your customer experience better;
    • to facilitate or enable any checks as may be required pursuant to the Terms herein;
    • to develop, enhance and provide what is required pursuant to the Terms herein to meet your needs;
    • for internal administrative purposes, such as auditing, data analysis, database records;
    • for purposes of detection, prevention and prosecution of crime;
    • for the Company to comply with its obligations under law or regulations;
    • to respond to questions, comments and feedback from you.
    • You expressly agree and consent that we are allowed to share your Personal Data amongst the companies within the our group of companies comprising the subsidiaries, associate companies and/or jointly controlled entities of the holding company of the group (“Group”) and with our and the Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors.
  • You expressly agree and consent that we may communicate with you either by email, telephone or text message in relation to the following matters (“Marketing Purposes”):
  • to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
  • to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from us, our partners, advertisers and or sponsors;
  • to notify and invite you to events or activities organized by us, our partners, advertisers, and or sponsors; and/or
  • that our Group, Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors may communicate with you for any reasons whatsoever.
  • We respect your data privacy rights and are committed to complying with all data protection laws in Myanmar.
  • We use reasonable security measures to keep your data safe and monitor your account usage to make sure it has not been compromised.
Indemnifications    

By agreeing to the Terms upon using the Platform, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:

  • your use of the Platform in your dealings with the third-party merchants, third party providers, partners, advertisers and/or sponsors;
  • your violation or breach of any of the Terms or any applicable law or regulation, whether or not referenced herein;
  • your violation of any rights of any third party;
  • your misuse of the Platform.
Applicable law    

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of the Union of Myanmar and any dispute may be referred to and settled by the competent courts of Myanmar.

Limitation of Liability    

To the maximum extent permitted by Myanmar law and without prejudice to the provision of these Terms, our total liability to you for any claim arising from these Terms, including for any implied warranties, representations and liability is limited to a maximum of MMK 1,000.

International use    

The Company makes no promise that the Platform is appropriate for or available to use outside the Republic of the Union of Myanmar. If you choose to access the Platform from locations outside the Republic of the Union of Myanmar, you do so at your own risk and are responsible for complying with local laws.

Our contact details     

For any inquiries, our contact details are as follows: 
Pocket MM Facebook and Hotline No: 09-777400444