SCOPE
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 LTD Showroom 6, Videocon Arizona, Opp. Gujarat Vidyapith, Near Navgujarat College, Usmanpura, Ahmedabad, Gujarat – 380014.
By using the website, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use. These Terms govern your access to and use of the website and services and constitute a binding legal agreement between you and us. You further agree that you have read, understood, and are bound by these terms and conditions (“Terms”) without any recourse or liability to us.
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.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service for access or usage of our website and the services.
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.
INTERPRETATION
ELIGIBILITY
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.
PRODUCT DESCRIPTION
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.
INDEMNITY
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.
DISCLAIMER
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
As a condition of your use of the website, you shall not use the website
for any purpose(s) that is unlawful or prohibited by the Terms of Use.
You shall not use the website in any manner that could damage or impair
any server, or the network(s) connected to the Company’s server, or
interfere with any other party's use and enjoyment of any services
associated with the 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.
FORCE MAJEURE
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.
SEVERABILITY
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.
MODIFICATION
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.
DISPUTE RESOLUTION
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.
PRIVACY
All Personal Information and Content provided to or displayed on the website and services are subject to our Privacy Policy.
ENTIRE AGREEMENT
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.
NO ASSIGNMENT
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.
FEEDBACK
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 info@koremobiles.com.
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.
CONTACT
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 LTD
Showroom 6, Videocon Arizona,
Opp. Gujarat Vidyapith, Near Navgujarat College, Usmanpura
Ahmedabad, Gujarat – 380014
Ph. Nos.:- (+91) 8511166600
E-mail Address:- info@koremobiles.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.
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