TERMS OF SERVICE

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY AS YOUR USE OF THE SERVICES THEREIN ARE SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS ("TERMS" / “AGREEMENT”).

 

BY DOWNLOADING OR INSTALLING, REGISTERING, ACCESSING OR OTHERWISE USING THE PORTAL, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS OF USE AND CONDITIONS CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY.

 

WHILE USING THE PORTAL, YOU MAY BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO THE PORTAL. ALL SUCH GUIDELINES OR RULES ARE HERBY INCORPORATED BY REFERENCE INTO THESE TERMS.

 

BY USING OR ACCESSING THE PORTAL, YOU DE-FACTO AGREE TO THE FOLLOWING TERMS.  

 

YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THIS AGREEMENT.

 

1. DEFINITIONS:

 

Caitesika Tech Private Limited is a company registered under Companies Act 2013, having its registered address at Flat No.301 Tower No. 6, Cypress Orchard Res.Behind R City Mall, Near Lbs Ghatkopar (W), Mumbai 400086, India hereinafter referred to as “Company”, “we” “us” or “our”.

“Users”, “You”, “Your” means any person who registers and creates a user account on the Portal for availing the Services provided through the Portal.

 

“Online Stores” means, web portal or app through which products and services are made available to you.

 

“Portal” means and includes both www.cellmojo.in  and mobile application developed and owned by the Company, to enable the Users to avail the Services of the Company.

 

“User Products/Services” means and includes any new or old products sold or services provided by the Users to other users through the Portal.

 

“Used Products” shall mean and include any products sold by the Users through the Portal or by way of buy-back.

 

“cellmojo Desk” shall mean and includes the feature on the Portal where Company shall be displaying cellmojo Content and sell cellmojo Products. 

 

"Certified pre-owned" or "CPO" product means a pre-owned product that has been certified as fully functional and fit for re-use.

 

"Warranty" means warranty offered by the sellers on the portal for a limited period as defined by the seller and communicated by the company.

 

 

“cellmojo Products” means and includes any products sold by the Company through the Portal.

 

“cellmojo Content” means and includes write-ups, reviews, articles and blogs created and shared by the Company through the Portal.

 

“User Content” means and includes writeups, articles or audios, videos and photos, shared by the Users through the Portal.

 

“Community” means and includes a closed group of Users who use the Portal to interact with each other for a particular residential, commercial, educational or other premise or undertaking.

“Sellers” shall mean the dealers registered with the Company for selling the Products.

 

“Services” shall mean Services offered on the Portal to the Users, which shall include -

 

1. Sale of CPO including but not limited to smartphones and similar products.
2. buy-back of Used Products
3. Providing a social media network User Content Portal for the User to connect with other users, for the purpose of sharing User Content.
4. Uploading cellmojo content on the Portal
5. Sale of cellmojo Products and buy-back of  Used Products.
6. Connecting with other Users socially and professionally having similar interests.
7. Providing an ecommerce platform to the Users for carrying out the sale transaction of User Products and Used Products.
8. Interacting and communicating with other users using the Portal through any means, including but not limited to chat, voice, video.
9. Reporting and tracking issues for the User’s Community.
10. Receipt and payment of invoices for services provided by the Community.
11. Performing e-commerce or physical transactions with businesses listed in the Community.
12. Obtaining and viewing data and feeds from connected devices installed in the Community

 

“User Data” means any data, content, details, information documents, videos, audios, media, images, blogs, messages, notifications, ideas, communications, replies, likes, comments, maps, routes, geo-data, or material relating to the User or their or designs, copyrights, trademarks, patents, and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Portal.

 

2. PORTAL USE:

 

Users may use the Portal subject to acceptance of these Terms. Company retains the right to amend these Terms, without prior notice, from time to time and such revised Terms shall be applicable to the Users, upon the posting of updated Terms on the Portal.  We may highlight or summarize the key changes for the User’s reference and the User shall be required to re-accept the revised Terms to continue availing the Services of the Portal. Company has a right to engage with multiple Users at the same time for provision of Services or for engagement in same or similar activity.

 

3. ELIGIBILITY:

 

To be eligible for availing the Services, You must be at least 13 years old. The Portal is not available to for those who are temporarily or indefinitely suspended. By registering to use the Portal, You represent and warrant that You are at least 13 years of age and that You are fully able, competent and authorized to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms.

 

4. REGISTRATION:

 

In order to avail the Services, You must complete the registration on the ‘Sign Up’ page.  You will be required to register and create an account by providing the Your mobile number/ email id. (“Account”).  You agree that any registration information provided by You will always be accurate, correct and complete. You may receive an invite from a registered user to register on our Portal. By usage of the Portal, You shall be solely responsible for maintaining the confidentiality of the Account and for all other activities that occur under Your Account. We also reserve the right to refuse registration of, or cancel Accounts which we deem inappropriate.

 

5. CONSIDERATION:

 

Currently, the Portal is free of cost for the Users for accessing or availing a part of the Services. However, the Company reserves that right to levy certain fees or charges, to the Users, for the use of the Portal or certain features available at the Portal eventually. You agree to pay any such fees, as may be applicable.

 

Further, the Company reserves the right to charge the applicable fees or amount in relation to any cellmojo Content, cellmojo Products and other features of the Portal.

 

6. SERVICE DESCRIPTION:

cellmojo is a Portal which enables You to connect with other users socially and professionally. The Portal enables You to share and view the User Content that is to create and share original perspective of events happening around us in the society with other users registered on the Portal. The Portal also facilitates You to directly connect with other Users and share your views about any User Content. The Company also provides You a platform which facilitates the sale and purchase of various Products between Users, or the Users and the Company or users and registered sellers. You may create different groups of users on the Portal for the purpose of sharing User Content and interact with other users. The Portal also provides a means for certain Users to raise invoices and receive payments thereof to other Users on behalf of their Community or for the User Products/Services provided by such Users. The Portal can be used to obtain data/feeds from various devices that would have been connected and configured by administrative Users.    

 

You agree and understand that the Portal does not supervise over any User Content shared by You through the Portal and is also not involved in any way with the User Content shared by You or any other users registered on the Portal. As a result, we have no control over any User Content which is shared on the Portal. You are requested to exercise caution and judgment before posting any User Content on the Portal.   

 

 

7. FEATURES OF THE PORTAL:

 

The Portal provides for following broad features:

 

a. User Content:

 

The Portal enables You to post and share Your original writeups, articles, bogs, reviews and your perspective about any topic with other users, having similar interests. The Portal promotes the lost art of expressing Your views in the form of original writeups. You can react and discuss about any other User’s User Content by directly commenting on it. Your comments will be visible only the author of the User Content. The User shall provide picture credits at a designated slot or upload self-clicked images as part of the User Content. You agree and understand that the Portal shall not be made party to or be responsible for any disputes which may arise between You and other users. The Portal shall also not be liable for any interaction, communication, between You and the other users.

 

b. cellmojo Desk:

 

The Portal may also share certain writeups, articles and blogs created and shared by the Company. You may read, view this cellmojo Content. You understand that the opinions expressed through the cellmojo Content is not intended as any advice or guidance. Your use of any cellmojo Content available on the Portal is entirely at your own risk. 

 

c. Marketplace:

 

The Portal offers You a platform to sell and purchase various User Products/Services as per Your requirement. The Portal also offers certain cellmojo Products that are provided by the Company. Company shall enter into an offline agreement with their registered Users who shall be acting as Sellers on the Portal marketplace.

 

d. Communication:

 

The Portal offers You the ability to interact with other users of your Community though various means such as chat, voice, video. It also enables You to raise complaints and requests that will be serviced or resolved by other users or administrators of your Community. Based on data obtained from any connected devices in Your Community, You shall also be able to view reports and data feeds from such connected devices on the Portal.

 

8. LICENCE TO USE:

 

Subject to terms and conditions of this Agreement, we hereby grant You a non-exclusive, non-assignable, non-transferable and limited license to use the Portal for Your personal use only and for no other purposes.

 

9. CONTENT ON THE PORTAL:

 

a. User Content

 

The Portal enables Users to submit, post, and share content, which may include without limitation articles, writeups, texts, graphic, opinions, blogs, messages, information, personal information, videos, photos, audios, live matches, musical programmes, news, GIFs, and pictorial works, or any other content submitted by the Users through the Portal (“User Content”). The Company shall be not responsible for the use or disclosure of any User Content. The User Content is not controlled by the Company and the Company does not endorse the User Content shared by You. You, are entirely responsible for all User Content that You upload, post, e-mail, transmit, or otherwise make available through the Portal.

 

The Company reserves the right, at its sole discretion, to reject or remove the User Content, without providing You any prior notice, if required under applicable law or without any cause. We shall also remove the User Content if found to be abusive, indecent, inappropriate, deceptive or illegal.  We also reserve rights to remove or deactivate your Account if reported or informed by any User of the Portal, for posting inappropriate User Content through the Portal.

 

For any User Content, You confirm, represent, and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use the Content. You grant, the Company, the rights and license to Your User Content as provided in the Privacy Policy, and You represent and warrant that the Company’s use of the User Content or the User Content available on the Portal do not / will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice or false advertising; (c) violate these terms or any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.

 

You understand and acknowledge that while using the Portal, You may be exposed to User Contents uploaded by other Users of the Portal or from other sources, we do not endorse and neither we are responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Contents. You further understand and acknowledge that You may be exposed to User Contents that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto.

 

The Services may include Community forums or other social features to exchange any content and information with other users of the Services and the public. The Company does not support and is not responsible for the content in these Community forums. Users understand that the Users are expected to show respect while interacting with other users. The Company shall not be responsible for any disrespectful, violent, harmful conduct of the Users shall use their discretion while posting any information or content on the Portal. User shall not reveal information that they do not want to make public. Users may post hypertext links to content of third parties for which the Company shall not be responsible.

 

The Company may freely use any feedback You provide. You understand and agree that the Company may use Your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant the Company a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback You provide to the Company in any way.

 

If You share another person’s contact information with us, for example in order to invite that person to the Portal on Your behalf, You are granting us permission to contact that person. You further ensure that You have the necessary authority and permission from that person to do so.

 

 

b. cellmojo Content

 

The Portal shall include cellmojo Content including but not limited to articles, updates, write-ups that is owned and created by the Company and posted through the cellmojo Desk. You understand that by posting such cellmojo Content we do not promote, propagate or endorse any views put forth therein. Your use of any cellmojo  Content available on the Portal is entirely at your own risk. This cellmojo Content is owned by the Company and the you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, reverse engineer, edit or create derivative works from any cellmojo Content.

 

 

c. Company Content

 

The Portal or the Company may provide You certain contents which may include without limitation texts, blogs, graphic, opinions, information, personal information and pictorial works, audio, images, photographs, software, text, icons etc. or any other content uploaded on the Portal (“Company Content”). The Company does not guarantee or assume any responsibility in relation to such Company Content. Company recommends You to use Your own judgement before relying on or sharing the same with any third party. The User shall not disclose the Company Content to any third party without obtaining prior written consent of the Company.

 

10. YOUR PERSONAL INFORMATION

You can view our Privacy Policy on www.cellmojo.in/privacy. You agree our Privacy Policy, and any changes thereto. You understand that we may use and maintain your data according to the Privacy Policy, as part of the Services. You give us permission to combine information you enter or upload for the Services with that of other users of the Services and/or other services. For example, this means that we may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions.

You acknowledge and agree that in order to provide You with access to and use of the Company Services, we may provide Your access information and account data to (i) your managing committee or facility management agency or organization who is identified in the registration data as the current system administrator for your account (the "Current Administrator"), and (ii) such other committee member or employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by us to effectuate such replacement. Any other person You identified as an authorized user of the Company Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.

 

 

11. PURCHASE, DELIVERY AND PAYMENT:

 

cellmojo Products:

1. To avail the cellmojo Products listed on the Portal, the User shall place an order by signing in on the Portal, by using their Account.  The Company has the sole right to accept or reject the order. On acceptance of an order, User shall receive a confirmation against the order.
2. Any claims in terms of deficiency of goods and services of cellmojo Product, the Company shall be responsible to deal with such claims, and to that effect shall be determined as per the refund, return and cancellation policy of the Portal.
3. All cellmojo Products purchased by the User shall be delivered by third party delivery agencies. We do not guarantee the delivery of Products within a fixed period of time. However, upon the acceptance of order, we would provide an estimated time of delivery, which may alter or change due any unforeseen circumstances. We shall not be liable for any loss or damage, including but not limited to, mental agony suffered by the User due to such delay.
4. If in case the Users do not accept the cellmojo Products delivered to them, Seller may have the sole discretion to cancel the order and refund the payment to the User, in accordance with the refund policy.
5. In case there are orders for multiple cellmojo Products placed by the User, the Company shall deliver such cellmojo Products based on the availability of the stock and may not be delivered simultaneously or will be delivered separately. The Company is not responsible for unsatisfactory or delayed delivery of cellmojo Products or damages or delays as a result of the cellmojo Products being out of stock or unavailable.
6. Prices for Products would be listed on the Portal and are incorporated into these Terms by reference. All prices are exclusive of taxes unless stated otherwise and are in Indian rupees.
7. When Your purchase is accompanied with a buy-back of Used Products from You, You agree to hand over the Used Product in the condition that you declared at the time of confirming the order through the Portal. In the event that you refuse to hand over the Used Product or hand over a product other than the one declared at the time of the order placement or in a condition that differs from the declared condition, the Company reserves the right to cancel the delivery of the purchased Product. In such an event and where the payment has been made by You prior to the delivery, refund shall be processed as per our refund policy and after deducting charges for delivery.
8. Users can pay for the Products through various modes of payment:

• Cash on Delivery
• Debit Card/Credit Card/ATM Card
• Net Banking
• E-Wallets

Any other mode of payment as may be acceptable to the Company.

 

 

User Products:

1. You understand that the Company does not own the User Products and has no rights thereto. The Company shall not be responsible for any claims related to the quality, size, shape, colour, look and feel, texture, style, etc. of the Products as they might appear different on the Portal.
2. You represent and warrant that the User Products being posted by You for sale, are not faulty or defective and are exactly the same as described on the Portal and shall meet all specifications as provided on the Portal.
3. All commercial/contractual terms are offered by and agreed to between the Users who are buying and selling the User Products alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the User Products and after sales services related to the User Products. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the respective Users.
4. The Portal does not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the User Products proposed to be sold or offered to be sold or purchased on the Portal. The Company does not implicitly or explicitly support or endorse the sale or purchase of any User Products on the Portal. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, in relation to the User Products, offered through the Portal.
5. The Company is not responsible for any non-performance or breach of any contract entered into between Users. The Company cannot and does not guarantee that the concerned User will necessarily perform any transaction concluded on the Portal. The Company shall not and is not required to mediate or resolve any dispute or disagreement between the Users.
6. At no time shall the Company hold any right, title or interest over the User Products nor shall it have any obligations or liabilities in respect of such contract entered into between Users.
7. The User who sells User Products shall ensure that any information they post is lawful and does not infringe or violate any laws of the land and that the User Products offered for sale are genuine in nature and are not morally or ethnically objectionable (for example – Users shall not advertise pirated software, products that don’t have the warranty/guarantee card, alcohol, cigarette, knives etc).

 

12. RETURN POLICY

1. The User's request for return or replacement will be processed in accordance with the procedure indicated below. However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the Products, the User will not be eligible for return or replacement.
2. The User can raise a return request within 48 hours of the delivery of the Product through the Portal. Before accepting delivery of any Product, the User shall reasonably ensure that the Product's packaging is not damaged or tampered with in any way.
3. All items must be returned in their original condition, with price tags intact, user manual, warranty cards, original accessories and in the original manufacturer’s box/packaging as delivered to you. The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Portal or be intimated by the Seller at the time of purchase of the Product.
4. A Product may be eligible for return within 48 hours if the Company is satisfied that it fulfils one or more of the following conditions:
   1. The Product was delivered in a physically damaged condition
   2. The Product has missing parts or accessories
   3. The Product is different from what was ordered
   4. The Product is different from its description on the product detail page
5. If the User wishes to return an electronic device that stores any personal information, the User must ensure that they remove all such personal information from the device before returning. The Company shall not be liable in any manner for any misuse or usage of such information.
6. The User understands that a return request shall not amount to a cancelation of order and the User shall not be entitled to a refund for such requests. On successful return of the Product in accordance with the aforesaid terms, Company may process the replacement of the Product.

 

13. CANCELLATION POLICY

The Users can cancel orders using the Cancel Order button in the My Profile -> My Orders section of the Portal. In case of such requests for order cancellations Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to the User within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. The User agrees not to dispute the decision made by Seller and accept Seller's decision regarding the cancellation.

 

14. TRIAL VERSION AND BETA FEATURES

If You registered for a trial use of the cellmojo ("Trial Period"), you must decide to purchase cellmojo subscription, at the current rate, within the Trial Period in order to retain any Content that You have created, uploaded or posted through the cellmojo Services, during the Trial Period. You understand that if You do not purchase a subscription by the end of the Trial Period, Your User Content will no longer be available to You. To be very clear, after using the cellmojo Services during the Trial Period, if You decide not to purchase the subscription of the cellmojo Services, you will not be able to access or retrieve any of the data You added or created with the Services during the Trial Period.

From time to time, the Company may, at its sole discretion, include new and/or updated beta features ("Beta Features") in the Services for your use and which permit You to provide feedback. You understand and agree that Your use of the Beta Features is voluntary and the Company is not obligated to provide You with any Beta Features. You understand that once You use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, You may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.

 

15. USE WITH MOBILE DEVICE

Use of these Services may be available through a compatible mobile device using Internet access and may require the relevant software. You agree that You are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider. The Company makes no warranties or representations of any kind, express, statutory or implied as to:

• The availability of telecommunication services from your provider and access to the Services at any time or from any location;
• Any loss, damage, or other security intrusion of the telecommunication services; and
• Any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the Services.

 

16. OWNERSHIP OF INTELLECTUAL PROPERTY:

 

All the rights including but not limited to intellectual property rights subsisting under or in relation to the Portal (including the cellmojo Content) are owned by the Company and its affiliates, subsidiaries, licensors as the case may be. The Company respects copyright, and we prohibit You from submitting, uploading, posting, or otherwise transmitting any User Content or details on the Portal that violates another person’s proprietary rights.

 

If You believe that the Portal contains elements that infringe any intellectual property rights, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.  

 

All content on this Portal, including but not limited to the cellmojo Content, are protected by copyright under the copyright laws. You cannot use the Portal or the cellmojo Content, except as specified herein. There may be number of wordmark, service marks and trademarks found on the Portal whether owned/used by us or otherwise. By displaying them on the Portal, we are not granting You any license to utilize those service marks, or trademarks. Any unauthorized use of the such service marks, or trademarks may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

 

17. PROHIBITED CONDUCT:

 

Users shall not engage in any of the following activities:

 

• Use the Services or the Portal for any purpose that is illegal, unlawful or prohibited by these Terms and shall not violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights;
• Harass, threaten, disrupt or harm any other users or officials or representatives of Company or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
• Remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Portal;
• Use Portal in any manner that threatens or is likely to threaten the integrity, performance or availability of the Services or the Portal;
• Reverse engineer, decompile or otherwise extract the source code(s) or data related to the Portal or any part thereof;
• Impersonate another person or access another User’s Account;
• Collect information about other Users in any illegal or unlawful manner for any illegal or unlawful purpose;
• Use the Portal in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Portal, or interfere with any other third party's access to and enjoyment of the Portal;
• Use the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
• Use the Services in any manner that could disable, overburden, damage, or impair the Portal, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Portal, or violating any regulation, policy, or procedure of any network, equipment, or server.(c) reverse engineering, decompiling or otherwise extracting the source code(s) or data related to the Portal or any part thereof.
• Share or transmit content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act or is hurtful to any religious, racial, demographic, ethnic sentiments.
• Post or transmit any personally identifiable information about persons without obtaining such persons express permission to do so through the Portal.

 

18. ANTI SPAM POLICY:

You certify that You will use the Services in accordance with these Terms. You are forbidden to transmit unsolicited commercial email (spam) by using the Services. Additionally, You are required to reconfirm (permission pass) or stop mailing an existing list when it is determined to be in violation of our anti-spam policy. Repeated violations or failures to comply with this anti-spam policy will result in termination of Your access to the Portal. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to Your violation of this anti-spam policy.

 

19. DISCLAIMER:

 

PORTAL, IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE PORTAL IS NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS. USERS UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR DATA, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE PORTAL, INCLUDING, WITHOUT LIMITATION OF THE USER DATA. WE DO NOT REPRESENT AND WARRANT THAT USERS USE OF THE PORTAL WILL MEET THEIR REQUIREMENTS, OR USE OF THE PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR ANY INFORMATION OBTAINED BY THE USERS AS A RESULT OF USE OF THE PORTAL WILL BE ACCURATE OR RELIABLE.

 

THE COMPANY SHALL HAVE NO CONTROL OVER THE USER CONTENT SHARED BY YOU THROUGH THE PORTAL, OR ANY COMMUNICATIONS AMONGST THE USERS THROUGH ANY FEATURE OF THE PORTAL. USERS AGREE AND UNDERSTAND THAT THEY SHALL NOT COMMUNICATE, NOTIFY OR POST ANY USER CONTENT WHICH IS FALSE, MALAFIDE AND WHICH MAY CAUSE HARM OR AFFECT THE OTHER USERS OR WHICH MAY RESULT INTO ANY MENTAL INJURY TO THE OTHER USERS. THE USERS SHALL NOT USE THE PORTAL OR UPLOAD ANY CONTENTS WHICH HURT THE EMOTIONS OR SENTIMENTS OF OTHER USERS.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, USERS RELEASE, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO ANY USER CONTENT VIEWED, POSTED, COMMUNICATED THROUGH THE PORTAL.

 

THE CONTENT PROVIDED ON THE PORTAL OR UPLOADED BY THE USERS ON THE PORTAL IS ONLY FOR INFORMATION, FUN AND ENTERTAINMENT PURPOSE. ANY AND ALL INFORMATION PROVIDED ON THE PORTAL IS GENERIC IN NATURE. USERS AGREE AND ACKNOWLEDGE THAT THE COMPANY DOES NOT UNDERTAKE ANY RESPONSIBILITY OF ANY USER CONTENT POSTED ON THE PORTAL.

 

WE SPECIALLY DISCLAIM ANY OBLIGATIONS, LIABILITIES OR RESPONSIBILITIES IN RELATIONS TO USER CONTENT PROVIDED TO YOU THROUGH THE PORTAL. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF SUCH USER CONTENT OR ANY SIMILAR INFORMATION PROVIDED THROUGH THE PORTAL.

 

20. LIMITATIONS OF LIABILITY:

 

In no event, shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, arising out of or in any way connected with the use of the Portal or for interrupted communications, delay, lost data or monetary losses arising out of or in connection with these Terms.

 

21. INDEMNIFICATION:

 

Users agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (i) details and User Content that You submit or transmit on the Portal, (ii) Your violation of any rights of any other person in connection with the Services, (iii)  infringement of any third party intellectual property rights, (iv) any breach of the terms and conditions of these Terms, (v) any breach or violation of  applicable laws and regulations in the country from where you are accessing the Portal (vi) any breach of representation and warranties made in relation to the Services (vii) transactions (and subsequent) between You and other Users.

21. FORCE MAJEURE:

 

Without limiting the foregoing, under no circumstances shall Company be held liable for any damage or loss due to deficiency in performance of the Portal resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in laws and regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots or any other similar events.

 

22. TERMINATION:

 

Company may at any time, terminate these Terms, if:

1. You breach any terms and conditions of these Terms or;
2. Company is required to do so under law (where the Services provided by the Company becomes unlawful);
3. Company chooses to discontinue the Services provided through the Portal.

 

23. SURVIVAL:

 

Provisions such as, disclaimer of warranties, limitation of liability, indemnity, ownership of intellectual property, general provisions, prohibited conduct shall survive any termination.

 

24. GOVERNING LAW:

This Agreement and Your use of the Portal is governed by, construed and enforced in accordance with the laws of India and, for the purposes of any legal or equitable actions, You specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Mumbai, Maharashtra, India.

 

25. COMPLAINTS:

 

We reserve the rights to remove or deactivate Your account if reported or informed by any other user of the Portal, for posting inappropriate messages or information through the Portal. If You have questions or concerns or grievances regarding these Terms or any other user, You can contact us as per this policy, or wish to make a complaint, please contact us at admin@gizmojo.in.

 

26. GENERAL PROVISIONS:

 

In this Agreement, reference to any gender includes a reference to all other genders and the neuter. Each part of this Agreement is independent of each other. Company shall have the right to assign this Agreement to any of its affiliates or any third parties at any time without notice to You. You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in this Agreement, this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to the Company.  This Agreement along with the Privacy Policy contains the entire understanding and agreement between You and the Company and supersedes any and all prior or inconsistent understandings relating to Portal. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable.