Please read Terms and Conditions carefully before you buy
As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our Products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences.
The term ‘User’ may refer to Seller and Users may refer to ‘Seller’ and ‘Buyer’ as and where applicable. This User Agreement (“Agreement”) sets out the terms and conditions on which MobilePlug shall provide the Services to the Users through the Website. The Users shall be deemed to have read, understood and accepted this Agreement, which may be updated or modified by MobilePlug from time to time.
The use of the Website is offered to the Users conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and as may be posted on the Website from time to time. This Agreement shall be effective and binding upon Users’ ‘acceptance’. ‘Acceptance’ shall mean Users’ affirmative action in clicking on “I have read the Terms and Conditions and I accept them” box and on the Submit button as provided on the registration page. For removal of doubts, it is clarified that use of the Website by the Users constitutes an acknowledgment and acceptance by the Users of this Agreement. If the Users does not agree with any part of such terms, conditions and notices, the Users must not use the Website.
MobilePlug at its sole discretion reserves the right not to facilitate acceptance of any request by the users for listing, display or offering any products and services through the website without assigning any reason thereof. Any contract to provide any service by MobilePlug is not complete until the entire consideration towards the service is received by MobilePlug.
By placing an order, you make an offer to us to purchase products you have selected based on standard Site restrictions, Merchant specific restrictions, and on the terms and conditions stated below.
You are required to create an account in order to purchase any product from the Site. This is required so we can provide you with easy access to print your orders and view your past purchases. The Site takes no responsibility for the services or products that are sold or supplied by third party sellers. The Company makes no warranty to their end users for the quality, safety, usability, or other aspect of a product or service that is supplied by a seller and/for services that may involve potential bodily harm the Company takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing those services.
General: By using this Site, the User agrees to comply with all of the Terms hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
Equipment: The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User’s equipment resulting from the use of the Site.
License and Site Access: Company grants you a limited license to access and make personal use of the Site and avail the services. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Company’s sole discretion) an unreasonable or disproportionately large load on Company’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Company to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Company.
Membership Eligibility: The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Company for any reason. Users may not have more than one account. Maintaining more than one account by a User shall amount to fraudulent act on part of the user and attract actions. The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the Company or payments made by your credit card by any third party.
Your Account: In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Pricing Information in case of sale by Company: We strive to provide you with the best prices possible on products and/or services you buy from Company; however, Company does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. While Company strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Company will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. The Sale Price is inclusive of all taxes and services such as packing, delivery, customer care, logistics and after sale services. The Company reserves the right to charge for the product and services separately in compliance with the tax laws of the Country but however the total amount invoiced will not differ from the prices displayed and agreed with the buyer. In the event that Company accepts your order the same shall be debited to your credit card account. The payment may be processed prior to Company’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
Cancellation by Company: Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. Any type of voucher used in these orders shall be pushed back into the user’s account in case of cancellation by Company). Cancellations by the Customer: In case of requests for order cancellations, Company reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty four) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order. Company has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Company and accept Company’s decision regarding the cancellation. In the event of cancellation of order by the customer Company shall not refund the voucher, if any used against such order.
Credit Card Details: You agree, understand and confirm that the credit card details provided by you for availing of services on Company will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Company. Further the said information will not be utilized and shared by Company with any of the third parties unless required for fraud verifications or by law, regulation or court order. Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
Submitted content: Company does not claim ownership of any materials you make available through the Site. At Company’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Company 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 materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified. LIMITED USE/PROHIBITION AGAINST UNLAWFUL USE The Users agree and undertake not to buy, trade, resell or exploit for any commercial or non commercial purposes, any part of Service. As condition of the use of the Website, the Users warrant that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the Terms Of Services including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and/or enjoyment of the Website or cause any damage or hamper with the business of MobilePlug. The Users shall refrain from obtaining or attempting to obtain any material or information through any means not intentionally made available or provided for or through the Website. “Users Information” is defined as any information provided to MobilePlug in the registration, buying process, in the feedback area or through any e-mail feature. The Users are solely responsible for User Information, and MobilePlug acts only as a passive conduit for Users’ online distribution and publication of Users Information. MobilePlug is in no way responsible for correctness or security of any Users information. The Users further agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted, provided that MobilePlug name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, any copyright violation and unwarranted modification of data and information within the content of the Website is not permitted. No Advertising Any type or format of texts and graphics published by a User on the Website (offers, evaluations, entries as part of the “Questions and Answers function”, etc.) or communicated in any other way through the Website shall not contain any form of advertising for products which the User is not currently, or in the immediate future, selling on the Website. No contractual conclusion outside of the Website. Any type or format of texts and graphics published by a User on the Website must not target contract conclusions outside of the Website, or directly or indirectly request the same.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY Disclaimer of Warranty: ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. ALL WARRANTIES, IF ANY, RELATING TO THE PRODUCT AND SERVICES WOULD BE PROVIDED BY THE MANUFACTURER/SUPPLIER OF SUCH PRODUCT AND NOT BY Company. ANY CLAIM IN RELATION TO THE SAME SHOULD BE RAISED AGAINST RESPECTIVE MANUFACTURER/SUPPLIER AND NOT Company IN ANY CASE WHATSOEVER. Company DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN Company, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL Company BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT Company AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, SALE AND SUPPLY OF GOODS CONTENT OR ANY RELATED/UNRELATED SERVICES AND OTHER SERVICES OFFERED ON THE WEBSITE FROM TIME TO TIME. IF FOR ANY REASON, LAW DOES NOT PERMIT EXCLUSIONS OF LIABILITY THEN, THE LIABILITY OF THE COMPANY SHALL BE LIMITED TO SUCH AMOUNT PAID BY THE USER AND RETAINED BY THE COMPANY FOR THE TRANSACTION IN QUESTION. All commercial/contractual terms are offered by and agreed to between the User and the Buyer alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and after sales services related to products. MobilePlug does not have any control, or determines, or advises or in any way involves itself in the offering or acceptance of such commercial/contractual terms between the Buyer and the User. MobilePlug shall not and is not required to mediate or resolve any dispute or disagreement between the User and the Buyer. MobilePlug is a facilitator for the services at the website and acts only as an online platform. All the services offered to, through or via the website are provided on “as is” basis without any representation or warranty of any kind from MobilePlug, either express or implied, including without limitation any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, quality, performance for any particular purpose or completeness. MobilePlug liability in any circumstance is limited only to the amount of fees, if any, paid by the User to MobilePlug.MobilePlug its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently,MobilePlug assumes no liability whatsoever for any monetary or other damage suffered by User on account of:
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website Any interruption or errors in the operation of the Website.
Users expressly understand and agree that MobilePlug shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MobilePlug has been advised of the possibility of such damages). MobilePlug shall not at any point of time during any transaction between the Buyer/ and the User on website come into or take possession of any of the products or services offered on the Website nor shall it at any point gain title to or have any rights or claims over the products or services offered by the User to the Buyer.
At no time shall any right, title or interest over the products vest with MobilePlug nor shall MobilePlug have any obligations or liabilities in respect of such contract.MobilePlug is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, back ordered or otherwise unavailable. All products are offered by User are only for a restricted time and only for the available supply as offered by User. MobilePlug is not liable for temporary unavailability of the Website, the failure of individual or all website functions, or incorrect functioning of the Website.MobilePlug is particularly not liable for technical problems which cause offers or bids to be accepted or processed late or incorrectly, or not at all MobilePlug particularly does not guarantee that the system time clock will match an officially set time.
At any point of time MobilePlug Website may be temporarily unavailable, or only available to a limited extent, as a result of maintenance work or other reasons, without the Users being able to derive any claims against MobilePlug for this.
LINKS TO THIRD PARTY SITES Users understand and agree that MobilePlug and the Website merely provide hosting services to its Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Users and are third party user generated contents. MobilePlug neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects or modifies the information contained in the transmission. MobilePlug has no control over the third party user generated contents The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MobilePlug or the Website and MobilePlug is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MobilePlug is not responsible for any form of transmission, whatsoever, received by the Users from any Linked Site MobilePlug is providing these links to the Users only as convenience, and the inclusion of any link does not imply endorsement by MobilePlug or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.MobilePlug is not responsible for any errors, omissions or representations on any Linked Site. MobilePlug does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
USE OF COMMUNICATION SERVICES Electronic Communication: When you use the Site or send emails to Company, you are communicating with Company electronically. You consent to receive communications from Company electronically. Company will communicate with you by email, SMS or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Website may contain services such as email, chat, bulletin board services, information related to various news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as “Communication Services”). The Users agree and undertake to use the Communication Services only to post, send / receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the Users agree and undertake that when using a Communication Service, the Users will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; publish, post, upload, distribute or disseminate any inappropriate, pornographic, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws unless the Users own or control the rights thereto or have received all necessary consents; upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that the Users know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service; violate any applicable laws or regulations for the time being in force in or outside India; and violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein. MobilePlug has no obligation to monitor the Communication Services. However, MobilePlug reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. MobilePlug reserves the right to terminate the Users’ access to any or all of the Communication Services at any time without notice for any reason whatsoever. MobilePlug reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MobilePlug sole discretion. MobilePlug does not control or endorse the content, messages or information found in any communication service and, therefore, MobilePlug specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the Users’ participation in any communication service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. Users are responsible for keeping themselves updated of and adhering to such limitations if they download the materials.
The User’s account status has been settled, i.e. there is no balance in favour of MobilePlug. The User is not currently selling any products on the Website. Should the User object to any terms and conditions of this Agreement, or become dissatisfied with the Service in any way, the User’s only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify MobilePlug of such discontinuance. Upon termination of the Service, User’s right to use the Website/Services shall immediately cease. The User shall have no right and MobilePlug shall have no obligation thereafter to execute any of the User’s uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User’s registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later and the User shall have no right over the same. USER’S OBLIGATIONS AND USER’S ACCOUNT In consideration of use of the Website, the Users represent and confirm that the Users are of legal age to enter into a binding contract under Indian Contracts Act, 1872 and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If the User is registering as a business entity, Users should represent that he/she is duly authorized by the business entity to accept this Agreement and shall have the authority to bind that business entity to this Agreement. To avail a Service the Users have and must continue to maintain at her/his sole cost:
All the necessary equipments including a computer and modem etc. to access the Website/avail Services own access to the World Wide Web. The Users shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the Users. The Users also understands that the Services may include certain communications from MobilePlug as service announcements and administrative messages. Registration of the Users on the Website is optional. Only limited access to the Website is available to non-registered Users. Non-registered Users may not be permitted to avail the Services on the Website. In order to obtain increased access to the Website and to avail the Services the Users are required to register on the Website as a registered User. If the Users opt to register himself/herself on the Website, upon completion of the registration process, the Users shall receive a user id and password. The Users agree and undertake at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the Users agree not to use any other party’s user id and password for any purpose whatsoever without proper authorization from such party. The Users also agree and undertake to immediately notify MobilePlug of any unauthorized use of the user id or user’s password or and to ensure that the user logs off at the end of each session at the website. MobilePlug shall not be responsible for any, direct or indirect loss or damage arising out of the Users’ failure to comply with this requirement. The Users also agree to: (a) provide true, accurate and complete information about himself/herself and his/her beneficiaries as prompted by the registration form (“Registration Data”) on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or MobilePlug has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MobilePlug has the right to suspend or terminate the Users’ registration and refuse any and all current or future use of the Website and/or any Service. Furthermore, the Users grant MobilePlug the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services. Users agree to comply with all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding his/her use of MobilePlug service and his/her bidding on, listing, purchase, solicitation of offers to purchase, and sale of products or services. Users agree to not engage in any transaction of product or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
CONTRACTUAL EXECUTION BETWEEN USER AND BUYER General Both User and Buyer agree and are obliged to comply with the contractual terms entered into between them, in its entirety and within the timelines given on the site. No User right of withdrawal exists and once a product has been uploaded on the site by the User he is bound by the terms of the site and cannot withdraw his offer to sell. Contractual execution is the User’s and Buyer’s business; fulfillment (execution) of the deal is governed by their respective contractual conditions. This particularly also applies for the due date of individual contractual services (i.e. from the time which the actual service can be demanded and also legally enforced). If the offer contains no regulations regarding the same, and the parties have also not agreed on anything between them, the following points shall apply:
Communication Each party must provide the other, within 14 calendar days of contract conclusion, with complete information which the other party requires to be able to fulfill the contract.
Due date The contract service owed must be completed appropriately and in full within 14 days of contract conclusion. If under any circumstances, a Buyer is obliged to make any payment in advance then he/she must do so within 14 calendar days of contract conclusion. If the Buyer is unable to make payment for the product purchased within 14 days from the contract conclusion, then the User through MobilePlug shall not be held liable for delivery of the product The Buyer shall be responsible towards paying the shipping costs, where applicable, in the final cost payable. The Buyer agrees that the shipping time may vary depending on many factors such as location, accessibility, means etc. and that no party has any bargaining power over the same.
Withdrawal If a User does not render their due service despite being requested to do so, the Buyer is entitled to withdraw from the contract and reclaim any services already rendered from their end. This does not apply if an act done by the Buyers themselves led to the failure in rendering of the service by the User.
Product defects It is understood by the Buyer, that Pictures of the Products shown are merely indicative and are not an identical representation of the actual product.
In case any defect, which is not mentioned in the offer description, which drastically reduces or nullifies the product’s value or serviceability for the designated purpose, comes into the notice of the Buyer, he/she must advise the User of this defect within 14 calendar days of product delivery in order to request for rectification at the User’s expense. The same applies in case the product lacks a characteristic stated or does not contain the features as have been detailed in the offer description by the User. The above clause in no way restricts further warranty or guarantee rights. MobilePlug is not responsible for any kind of losses occurred due to products defects in this case Customer should contact manufacturer.
Indemnity: The Users agree to indemnify, defend and hold harmless MobilePlug and the website, MobilePlug parent, subsidiaries, affiliates, third parties and their respective officers, directors, agents and employees from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by MobilePlug and/or the website that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the Users pursuant to this agreement and/or the Terms of Service.
Site-Provided Email and Postings: The Site may provide users with the ability to send email messages to other users and to post messages on the Site. Company is under no obligation to review any messages; information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Company May from time to time monitor the POSTINGS on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. (ii) Advertisements or solicitations of any kind. (iii) Impersonate others or provide any kind of false information. (iv) Personal information such as messages which state phone numbers, account numbers, addresses, or employer references. (v) Messages by non-spokesperson employees of Company purporting to speak on behalf of Company or containing confidential information or expressing opinions concerning Company. (vi) Messages that offer unauthorized downloads of any copyrighted or private information. (vii) Multiple messages placed within individual folders by the same user restating the same point. (vii) Chain letters of any kind. (viii) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using Company invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using the Site to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
Links: The Site or third parties may provide links to other World Wide Web sites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Trademarks: The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Company and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Company or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Site for commercial or public purposes. The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The Company does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Users also permit any other end user to access, view, store or reproduce the material for that end user’s personal use. User hereby grants the Company, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Billing: The price of our merchandise is inclusive of the VAT. The vat charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Company reserves the right to collect taxes for shipping charges wherever applicable.
Miscellaneous: If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Company may offer special promotional offers which may or may not apply to your Company account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by Company. This Term sand the relationship between you and Company will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of Gujarat, India. The failure of Company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Company does not guarantee it will take action against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. These Terms constitutes the entire agreement between you and Company and governs your use of the Site, superseding any prior agreements between you and Company with respect to the Site. Any notices shall be given by postal mail to Company
C/o MobilePlug, A/11,Gaytri Complex,Vasta Devdi Road,Surat,Gujarat,India 395004
Or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
PAYMENT TERMS FOR THE USER a)MobilePlug will transfer payment to the User only after they have received a confirmation for receipt of product from the Buyer. However MobilePlug will not be liable for any claims or any other action whatsoever either from the User or Buyer or any third party arising out such transfer. In case of consumer goods, User on the Website may or may not specify the retail prices of the items being sold. Buyer is advised to independently verify the retail prices of such items if he/she so desires and MobilePlug shall not in any way be responsible for the MRP stated on the Website and any fluctuations in this MRP for any reasons whatsoever. b)MobilePlug will be entitled to deduct such amount of fees as applicable, from the User , and then transfer payment to the User . c) In case the Buyer reports any defect, deficiency in the product, the User will have the duty to replace or repair such defect or deficiency, failing which the User shall make full refund of the purchase amount to the Buyer.MobilePlug will be entitled to deduct the refund amount from the User in case the User fails to make refund of that particular amount due to the Buyer. d) In the event that the Buyer makes payment of the Product he/she intends to purchase but the User r fails to deliver the said Product to the Buyer, for any reason whatsoever, then MobilePlug will be entitled to deduct 10% from the User’s trading account on the Website.
MobilePlug may at any time in its sole discretion reinstate suspended Users. Once the User have been indefinitely suspended the Users may not register or attempt to register with MobilePlug or use the website in any manner whatsoever until such time that the Users are reinstated by MobilePlug. Notwithstanding the foregoing, if the Users breach this agreement, the terms of service or the documents it incorporates by reference, MobilePlug reserves the right to recover any losses, damages, claims suffered or incurred by MobilePlug and any amounts due and owing by the Users to MobilePlug and to take legal action as MobilePlug deems necessary.
PROPRIETARY RIGHTS MobilePlug may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by MobilePlug and shall not copy, transmit or create derivative works of such material without express authorization from MobilePlug. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
RELATIONSHIP None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the Users contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the Users and MobilePlug and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the Users authorize MobilePlug and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the Users shall be deemed to have appointed MobilePlug and its agents as their agent for this purpose. Further it is clarified that the use of or access to the Website or any facilities are not intended to create an agency, partnership, joint-venture or employer-employee or vendor-vendee relationship between the User, MobilePlug and/or the Website
HEADINGS The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the Terms Of Service or the right to use the Website by the Users contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
INTERPRETATION OF NUMBER AND GENDERS The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this Agreement as a whole.
SEVERABILITY If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
NOTICES All notices and communications (including those related to changes in the Terms of Service , Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
a) Buyer can cancel any order placed by him/her provided it has not been dispatched.
b) Buyer cannot cancel, made to order or customized merchandise since all such items are manufactured / procured specifically against Buyer’s order.
c) If you want to cancel your order, please reach us at contact us
d)Palred Technologies reserves the right to refuse or cancel any order placed for an item/product that is listed at an incorrect price. In case, the Buyer is charged, the same shall be credited to its credit card account and duly notified by email.
e) Buyer must use its own credit card for credit card transaction. The liability to use a card fraudulently will be on the Buyer and the onus to ‘prove otherwise’ shall be exclusively on the Buyer.
Refund Once the order has been cancelled, Buyer will receive the refund within four weeks. The refund will be made to the same payment option(s) originally used to pay for the order. If the payment was by Credit Card or Net-Banking, MobilePlug will refund the Credit Card or Net-Banking account. If the payment mode was Cheque or DD, MobilePlug will send Buyer a cheque (not a DD). Cheques will be sent only to the billing address of the Buyer. Note: For all products live on MobilePlug, inventory levels are based on demand and price forecasting, availability and replenishment lead times. As this is an on-going process and complex, some products may go out of stock despite our best efforts. Prices and availability of items/products are subject to change without prior notice at the sole discretion of MobilePlug.
* To provide you a great shopping experience on the Site, we offer a NO QUESTIONS ASKED RETURN POLICY within 7 days of receiving the shipment.
* You may return any unopened, unused item in its original packaging, for a refund. No returns shall be accepted beyond a period of 7 days from the receipt of goods by the Buyer.
* Due to import and export regulations and restrictions, Company is unable to extend the returns policy for any items sourced outside of India.
* Please contact our customer care before initiating returns.
* The customer would have to return the product at his own expense. The Company shall refund cost of the returned item to the Buyer. MobilePlug (MobilePlug.in) would reimburse the customer the courier charges through a gift voucher after verification and obtaining a receipt of the same.
* In some cases, the reverse pick-up may be organized by MobilePlug depending upon the location and the courier pick-up availability.
* Before accepting shipment, kindly ensure that the packaging is not damaged or tampered. If the Buyer observes the package is damaged or tampered, he/she should refuse to accept delivery and mail Company Customer Care along with details of the order number.
* In cases, where the item/product delivered is received in a damaged condition or the contents are missing, Buyer must inform Company Customer Care within 24 hrs of delivery of the item/product and if the Buyer is unable to do so, then the Buyer would be deemed to have waived all claims in respect of the damaged, missing, tampered, etc goods.
* Opened packages will be accepted for returns only in cases where an incorrect item/product has been shipped to Buyer.
* If the return is a result of any act/oversight/negligence of the Buyer and not an error by the Company, the full cost of the merchandise and shipping charges will not be refunded.
* Refund- Expected refund time is within four weeks. The Company will notify the Buyer via email with the details of the refund. The refund will be made via the same payment option(s) originally used to pay for the order.
* If the payment was by Credit Card or Net-Banking, Company will refund the Credit Card or Net-Banking account. If the payment mode was Cheque or DD, Company will send the Buyer a cheque (not a DD). Cheques will be sent only to the billing address of the Buyer. If the payment was by Cash on Delivery, Company will send the Buyer a cheque or offer online credit to the customer’s account.
* Replacement- If an item ordered by Buyer on Company is opted for a replacement. Our Customer Service team will confirm the replacement. Buyer will be required to hand over the defective items to the logistic partner in the same condition as were received by him.
* In cases where Buyer notices any manufacturing defects in mobiles, electronic item/products and consumer durables, Buyer is requested to go to the nearest service-center of the manufacturer and get a DOA (dead-on-arrival) certificate (hereinafter “Certificate”) issued. Buyer will be required to carry the item/product along with the supplied accessories and invoice in its original packing that was delivered to it.
* Once the Buyer gets the Certificate, the Buyer must inform Company in writing with a scanned copy of the Certificate to arrange a replacement.
* If the Buyer and Company are unable to locate the service center or get a Certificate then it is supposed to contact Company at the earliest for an early resolution. In such cases, Company will assist the customer but cannot cancel the order.
* When Company receives Buyer’s return, Company will inspect the item and provide a replacement or issue a refund. Company’s address for returns is as follows:
MobilePlug, A/11,Gaytri Complex,Vasta Devdi Road,Surat,Gujarat,India 395004.
Company does not give refunds for the following products: o Products perishable in nature (Food items, chocolates, plants & flowers) o All products that are personalized. [With exception if the product is not the same as ordered or any manufacturing defect] o Gift Certificates o Body Jewellery o Jewellery
Please read Terms and Conditions carefully before you buy