Kore Mobile (hereinafter referred to as “the Company”, “Kore Mobile”, “we”, “our” or “us”) provides an online platform for sale of ________________(collectively called the “services”) through which buyers/users/customers (hereinafter referred to as “you”, “your”, “user”) will be provided with an opportunity to buy the products listed on the website.
This website is owned and operated by Kore Mobile with its office located at JAY JALARAM TECHNOLOGIES PVT LTD 103, Shail's Mall, B/h. Girish Coldrinks, C. G. Road, Navrangpura, Ahmedabad - 380009.
You are requested to read this document carefully as it contains important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a clause that governs the jurisdiction and venue of disputes.
YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK.
Please note that the information contained herein is subject to change without notice.
- i. “Product/s” mean the various Products sold by Company on our website along with the product’s price, related description, information, warranties, refund and cancellation procedures, delivery schedules etc.
- ii. The words “hereof”, “herein” and “hereunder” and words of similar import, when used in these Terms, shall refer to these Terms as a whole and not to any particular provision of these Terms.
- iii. Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
- iv. The headings to clauses, sub-clauses and paragraphs of these Terms shall only serve the purpose of easier orientation and shall not affect the contents and interpretation of these Terms.
- v. Reference to days, months and years are to English calendar days, calendar months and calendar years, respectively.
- vi. Any reference to “writing” shall include printing, typing, lithography, an electronic record in terms of Information Technology Act, 2000 and rules framed thereunder as applicable, and other means of reproducing words in a visible form.
- vii. The words “include” and “including” are to be construed without limitation.
- viii. The words “Your” or “your” or “You” or “you”, when used in this Agreement, shall refer to and mean “User” or “Users”, as the case may be.
Our Website and services are intended solely for persons who are 18 or older. By accessing or using the website or services you represent and warrant that you are 18 or older. You also agree that you are in compliance with all laws and regulations when you access and use the services and are competent to contract under the Indian Contract Act, 1872.
SERVICES & REGISTRATION
On visiting the Website, you will have the option to register and create an account on the Website, or to continue using the Website as a guest. However, the User who is accessing the Website as a guest will not be able to avail all the services that are provided by us, such as consultations, promotional offers, and discounts that are offered on the products.
If you wish to register with the Website, then you will be required to create an account on the Website by filling out a registration form online. Upon successful registration, you will receive user ID and password for accessing your account. You shall be solely responsible for the confidentiality of your password and account, and hereby agree to do all such acts, deeds, matters, and things that may be necessary in respect thereof. Accordingly, if there is any unauthorized use of your account on the Website, or any other breach of security, then you shall notify the Website of the same.
While you are accessing the Website, you may be required to provide certain information to us, and we may collect further information from you, for the purpose of provision of the Services.
Kore Mobile reserves, at its sole discretion, the right to refuse any User to access the Website or avail any Services, without assigning any reason.
Kore Mobile also reserves, at its sole discretion, the right to block any User from creation of any User account, or block any User registered on the Website from accessing the Website or Services, without assigning any reason.
User hereby declares and verifies that all information provided by the User is true, accurate and genuine. User hereby agrees that in case any information provided by the User is not true or accurate or genuine or complete, or Kore Mobile has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, then Kore Mobile shall have the right to indefinitely suspend or terminate or block access of User’s account on the Website.
Kore Mobile attempts to give an accurate picture of the products to the maximum extent possible. However, as computer monitors vary, we do not warrant that product descriptions or other content of the website is accurate, complete, reliable, current, or error-free. It is recommended that you read the product configurations thoroughly, visit our store or give us a phone call to have a better understanding of the product before you make a purchase.
OFFERS, REWARDS & PROMOTIONS
Kore Mobile may conduct promotions through the website. All users can participate in the promotional offers for the product of their choice available over the website. We may also provide discounted and promotional offers for users from time to time which may be subject to limitations and availability. Prices and terms related to such rewards, offers and other aspects regarding the same will be provided for at a later stage generally and the users shall be informed regarding the same.
INTELLECTUAL PROPERTY RIGHTS
All trademarks, service marks, logos, trade names and any other proprietary designations of Kore Mobile used herein are trademarks or registered trademarks of Kore Mobile. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the website, products and/or services.
THIRD PARTY INFORMATION
All content apart from the ones owned by us is a third party user-generated content and we have no control over such third party user-generated content. Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or another medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.
LINKS TO OTHER WEBSITES
This website may contain links to third-party websites or resources. You acknowledge and agree that Kore Mobile is not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Kore Mobile of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
You agree to release, defend, indemnify, and hold Kore Mobile and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Website, Services, or your violation of these Terms (b) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of our services, or (v) injuries, damages or other claims to any persons present due to an action done by you.
LIMITATION OF LIABILITY
This paragraph shall apply to all content and the functionality of Kore Mobile’s Website, products and services.
Under no circumstances, including negligence, shall Kore Mobile including or anyone else involved in creating, producing or distributing the Services be liable for any direct, indirect, incidental, special or consequential damages including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise that result from the use of or inability to use the Website, Services, Products or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Company records, programs or the Website or Services.
Notwithstanding the above, the User’s exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not exceed the sum of Rs. 200. Such limitations shall apply to the Company’s total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft or destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
The Company shall not be liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, in any way, relating to or arising out of the use of the Website or Services.
The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website, its products and services.
To the fullest extent permitted under applicable law, our Website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the website or its services. Our website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness 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, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the website; and/or any interruption or errors in the operation of the website.
PROHIBITED USE OF WEBSITE
You shall not attempt to gain unauthorized access to any section of the website, other accounts, computer systems or networks connected to any of the company’s server or to any of the services associated with the website, through hacking, password mining or any other means. You agree to use the services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third parties.
You shall not obtain or attempt to obtain any Materials or information through any means not intentionally made available through the website, failing which you will be liable for penal and legal damages.
Kore Mobile shall not be responsible for delay or default in the performance of their obligations due to contingencies beyond their control, such as (including but not limited to) losses caused directly or indirectly by exchange or market rulings, suspension of trading, fire, flood, civil commotion, earthquake, war, strikes, failure of the systems, failure of the internet links or government / regulatory action.
In the event of any one or more of the provisions contained in this Agreement becoming invalid, illegal or unenforceable in any respect under any law for the time being in force, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be prejudiced or affected thereto.
NO IMPLIED WAIVER
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
We reserve the right, at our sole discretion, to modify the website, its content, product and/or services or to modify these Terms, including the introduction of Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Website or may provide you with notice of the modification. By continuing to access or use the website or services, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the website and our services.
GOVERNING LAW & JURISDICTION
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, applicable authorities at Ahmedabad. The place of jurisdiction shall be exclusively Ahmedabad.
Unless you have entered into an additional agreement with Kore Mobile that provides for an alternative dispute resolution mechanism, you agree that any dispute arising between you and Kore Mobile which cannot be resolved amicably or by mediation shall be conclusively resolved by a sole Arbitrator appointed by Kore Mobile. The Arbitration shall be conducted as per the Arbitration rules laid down under the Arbitration and Conciliation Act, 1996, and any modification/amendment effected thereafter from time to time. The arbitration shall be conducted in the English language and the award passed by the Arbitrator shall be final and binding on both parties. The cost of arbitration shall be borne by you.
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
You may not assign or transfer these Terms, by operation of law or otherwise, without Kore Mobile’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Kore Mobile may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our products and services. You may submit your feedback by emailing us at firstname.lastname@example.org
. You acknowledge and agree that all feedback will be the sole and exclusive property of Kore Mobile and you hereby irrevocably assign to Kore Mobile and agree to irrevocably assign to Kore Mobile all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Kore Mobile’s request and expense, you will execute documents and take such further acts as Kore Mobile may reasonably request to assist Kore Mobile to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback.
In case you have any questions, comments, queries, including all inquiries related to services and usage regarding this Website, products or our services or if you require clarifications, you may please contact us at:
Name:- Kore Electronics
Address:- JAY JALARAM TECHNOLOGIES PVT LTD
103, Shail's Mall,
B/h. Girish Coldrinks,
C. G. Road, Navrangpura, Ahmedabad - 380009
Ph. Nos.:- (+91) 8511166600
E-mail Address:- email@example.com
By using the website and services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the website and services.
By using our website or services, you are deemed to have agreed to these Terms electronically, effective on the date you commence using this website and our services.