Website Terms
of Use
Last
updated on 25th March, 2019
THESE
WEBSITE TERMS OF USE ("TERMS OF USE") IS AN ELECTRONIC RECORD IN THE
FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000
AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC
DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION
TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL,
ELECTRONIC OR DIGITAL SIGNATURE.
THESE TERMS
OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND TOP10 MOBILES (BOTH TERMS
DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF
THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN
ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND TOP10
MOBILES FOR THE USE OF THE WEBSITE (DEFINED BELOW).
THIS
DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS
OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES,
2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES
AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE
WEBSITE.
These Terms
of Use of the website located at the URL www.Top10 Mobiles.com and mobile
application under the name and style "Top10 Mobiles" (the Website) is
between Top10 Mobiles Limited (hereinafter referred to as "Top10
Mobiles" or "We" or "Us" or "Our") and the
guest users or registered users of the Website (hereinafter referred to as
"You" or "Your" or "Yourself" or
"User") describe the terms on which Top10 Mobiles offers You access
to the Website and such other services as are incidental and ancillary thereto
("Services").
PLEASE READ
THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR
ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO
NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.
These Terms
of Use available at https://www.Top10 Mobiles.com/offers/terms-of-use, the
Terms of Sale available at https://www.Top10 Mobiles.com/page/terms-of-sale,
the Privacy Policy available at https://www.Top10
Mobiles.com/page/privacy-policy, the other policies of the Website available at
www.Top10 Mobiles.com under "Policy Info" section or elsewhere on the
Website, the Seller Agreement available at sellers.Top10 Mobiles.com
(applicable if You are a seller of the products on the Website) and any other
terms which may apply to specific Services ("Additional Service
Terms") together with all other notices, disclaimers, guidelines appearing
on the Website from time to time (collectively referred to as
"Agreement(s)") constitute the entire agreement upon which You are
allowed to access and use the Website and avail the Services.
If you are
accessing the Top10 Mobiles mobile application or accessing the Services
through the Top10 Mobiles mobile application, then while these Terms of Use
will apply to such use, there may be additional terms (such as the terms
imposed by mobile application stores like Apple's iTunes, Android's play store,
Microsoft's store from time to time) which will govern the use of the mobile
application. These additional terms to the extent applicable are hereby deemed
to be incorporated in these Terms of Use by way of reference.
1.General
a. Top10 Mobiles is an intermediary in
the form of an online marketplace and is limited to managing the Website to
enable seller to exhibit, advertise, display, make available and offer to sell
the products and to enable buyer to purchase the products so offered
("Products"), and other incidental Services thereto
("Services") including use of the Website by any User.
b. These Terms of Use are subject to
revision by Top10 Mobiles at any time and hence the Users are requested to
carefully read these Terms of Use from time to time before using the Website.
The revised Terms of Use shall be made available on the Website. You are
requested to regularly visit the Website to view the most current Terms of Use.
In the event such a facility is provided on the Website, You can determine when
Top10 Mobiles last modified any part of the Agreement by referring to the
"Last Updated" legend provided in that document. It shall be Your
responsibility to check these Terms of Use periodically for changes. Top10 Mobiles
may require You to provide Your direct or indirect consent to any update in a
specified manner before further use of the Website and the Services. If no such
separate consent is sought, Your continued use of the Website and/or Services,
following such changes, will constitute Your acceptance of those changes.
c. If there is any conflict:
i.
between
the Privacy Policy and any other Agreement, the Privacy Policy shall take
precedence' but only to the extent of the conflict;
ii.
between
the Additional Service Terms and any other part of these Terms of Use, the
Additional Service Terms shall take precedence in relation to that Service;
iii.
between
the Seller Agreement and any other part of these Terms of Use, the Seller
Agreement shall take precedence but only to the extent of the conflict;
iv.
between
these Terms of Use and any other notices, disclaimers or guidelines appearing
on the Website, these Terms of Use shall take precedence but only to the extent
of the conflict.
2.Services
The Website
is an electronic platform in the form of an electronic marketplace and an
intermediary that (a) provides a platform for Users (who are sellers) to
advertise, exhibit, make available and offer to sell various Products to other
Users (who are buyers / customers), and (b) a platform for such other Users to
accept the offer to sell of the Products made by the sellers on the Website and
to make payments to the sellers for purchase of the Products, and (c) services
to facilitate the engagement of buyers and sellers to under commerce on the
Website, and (d) such other services as are incidental and ancillary thereto.
The Services are offered to the Users through various modes which may include
issue of coupons and vouchers that can be redeemed for various Products.
3.Eligibility
to Use
· The Services are not available to
minors under the age of eighteen (18) or to any Users suspended or removed from
the Top10 Mobiles system by Top10 Mobiles for any reason whatsoever. If You are
disqualified as per the preceding sentence, You shall not be permitted to avail
of the Services or use the Website. You represent that You are of legal age to
form a binding contract and are not a person barred from receiving the Services
under the laws as applicable in India. Notwithstanding the foregoing, if You
are below the age of eighteen (18) years, please read through these Terms of
Use with your parent or legal guardian, and in such a case these Terms of Use
shall be deemed to be a contract between Top10 Mobiles and Your legal guardian
or parent and to the extent permissible under applicable laws, enforceable
against You.
· Top10 Mobiles reserves the right to
refuse access to use the Services offered at the Website to new Users or to
terminate access granted to existing Users at any time without according any
reasons for doing so.
· You shall not have more than one
active Account (defined hereunder) on the Website. Additionally, You are
prohibited from selling, trading, or otherwise transferring Your Account to another
person.
4.User
Account, Password, and Security
· You may access and use the Website
and the Services either as a registered user or as a guest user. However, not
all sections of the Website and Services will be accessible to guest users.
· Registered users: Top10 Mobiles
makes certain sections of the Services available to You through the Website
only if You have provided Top10 Mobiles certain required User information and
created an account and a Top10 Mobiles ID through certain log-in ID and
password ("Account"). You can create Your Account on the Website
through logging in by Your third party website user ID and password including
that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries,
Google Inc. or its subsidiaries, twitter or any other social media website or
any other Internet service as permitted on the Website (Top10 Mobiles ID and/or
other third party login identification as provided above are individually and
collectively referred to the "Account Information").
· In the event You register as a User
by creating an Account in order to avail of the Services provided by the
Website, You will be responsible for maintaining the confidentiality and
security of the Account Information, and are fully responsible for all
activities that occur under Your Account. You agree to (a) immediately notify
Top10 Mobiles of any unauthorized use of Your Account Information or any other
breach of security, and (b) ensure that You exit from Your Account at the end
of each session. Top10 Mobiles cannot and will not be liable for any loss or
damage arising from Your failure to comply with this section. You may be held
liable for losses incurred by Top10 Mobiles or any other user of or visitor to
the Website due to authorized or unauthorized use of Your Account as a result
of Your failure in keeping Your Account Information secure and confidential.
· You shall ensure that the Account
Information provided by You in the Website's registration form is complete,
accurate and up-to-date. Use of another user's Account Information for availing
the Services is expressly prohibited.
· If You provide any information that
is untrue, inaccurate, not current or incomplete (or becomes untrue,
inaccurate, not current or incomplete), or Top10 Mobiles has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, Top10 Mobiles has the right to suspend or terminate Your Account
and refuse any and all current or future use of the Website / Services (or any
portion thereof).
· Guest users: The Website also allows
limited access to the Services for unregistered Users (also called as 'guest
users'). Such users will be able to browse the Website and use the Services for
the purpose of purchasing goods, and placing orders. However, You will not be
provided with access to certain benefits reserved only for the purpose of
registered users. These benefits may change from time to time.
· Depending upon whether You are a seller or a buyer or another user who otherwise wish to use the Website, and the nature of Services You wish to avail from the Website, You may be required to provide certain personal information and Top10 Mobiles may collect certain personal information. Your provision of, and Top10 Mobiles's collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Top10 Mobiles's privacy policy, which is available at https://www.Top10 Mobiles.com/page/privacy-policy ("Privacy Policy").
5.Payments
related Information
1. Presently, Top10 Mobiles does not
levy any fee for browsing the Website or buying the Products on the Website.
Top10 Mobiles may charge Users certain fees for the use of the Website and
Services as a whole, or certain features of the Website / Services. You agree
to pay any such fees, as may be applicable to the Services that You use. Top10
Mobiles will try to ensure that You are made aware of the applicability of any
fees for a particular use of the Website / Services, as well as the amount of
fees payable by You for any such use of the Website / Service. You agree that
Top10 Mobiles may, at any time, charge, modify or waive fees required to use
the Website. Your continued use of the Website / Services after such change in
the fees will be considered to be Your acceptance of such changes, and the
applicability of these Terms of Use to such changes.
2. You agree to provide correct and
accurate financial information, such as credit/debit card details to the
approved payment gateway or pre-paid payment instrument account details or net
banking or UPI account details for availing Services on the Website. You shall
not use the credit/debit card or pre-paid payment instrument or net banking
details or UPI ID which is not lawfully owned by You, i.e. in any transaction,
You must use Your own credit/debit card or pre-paid instrument account or net
banking account or UPI ID. The information provided by You will not be utilized
or shared with any third party unless required in relation to fraud
verifications or by law, regulation or court order or in accordance with the
terms of the Privacy Policy. You will be solely responsible for the security
and confidentiality of Your credit/debit card details or pre-paid instrument
account or net banking details or UPI ID. Top10 Mobiles expressly disclaims all
liabilities that may arise as a consequence of any unauthorized use of Your
credit/ debit card or pre-paid instrument account.
3. You agree to provide correct and
accurate financial information, such as credit/debit card details to the
approved payment gateway or pre-paid payment instrument account details for
availing Services on the Website. You shall not use the credit/debit card or
pre-paid payment instrument which is not lawfully owned by You, i.e. in any
transaction, You must use Your own credit/debit card or pre-paid instrument
account. The information provided by You will not be utilized or shared with
any third party unless required in relation to fraud verifications or by law,
regulation or court order or in accordance with the terms of the Privacy
Policy. You will be solely responsible for the security and confidentiality of
Your credit/debit card details or pre-paid instrument account. Top10 Mobiles
expressly disclaims all liabilities that may arise as a consequence of any
unauthorized use of Your credit/ debit card or pre-paid instrument account.
4. Top10 Mobiles may have existing
arrangements with its banks, regarding limits on the amounts You can pay (if
You are a buyer) or receive (if You are a seller) in the course of a single
transaction. Top10 Mobiles will work towards ensuring that You are made aware
of such limits if they may be applicable to You. However, Top10 Mobiles shall
be under no liability whatsoever in respect of any loss or damage arising directly
or indirectly out of the decline of authorization for any transaction, on
account of You/cardholder having exceeded the preset limit mutually agreed by
Top10 Mobiles with its bank from time to time.
5. For Your making payments for buying
the Products on the Website, in addition to the Agreement(s), the terms and
conditions of Your bank, applicable financial institution and/or card issuing
association may also be applicable to You. Your bank, financial institution or
card issuing association may decline or prevent You from making electronic
payments for buying the Products on Website and Top10 Mobiles does not control
the same and shall be liable for the same.
6. Payment Facility for Your orders: Top10 Mobiles may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of Top10 Mobiles's fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. Top10 Mobiles shall initiate the remittance of the payments made by Your for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between Top10 Mobiles and sellers.
6.User
Obligations And Role Of Top10 Mobiles
1. Subject to compliance with the
Agreement(s), Top10 Mobiles grants You a non-exclusive, non-sub-licensable,
non-transferable, revocable, and limited right to access and use this Website
and the Services provided therein.
2. You agree to use the Services,
Website and the Content (as defined herein) provided therein only for purposes
that are permitted by: (a) the Agreement(s) (including these Terms of Use); and
(b) any applicable law.
3. You agree to adhere to all
limitations on dissemination, use and reproduction of any materials (such as
the Product catalogues) that Your access on the Website in accordance with
clause 7.
4. You agree not to access (or attempt
to access) the Website or Services by any means other than through the
interfaces that are provided by Top10 Mobiles. You shall not use any deep-link,
robot, spider or other automatic device, program, algorithm or methodology, or
any similar or equivalent manual process, to access, acquire, copy or monitor
any portion of the Website or Content (as defined below), or in any way
reproduce or circumvent the navigational structure or presentation of the
Website, to obtain or attempt to obtain any materials, documents or information
through any means not specifically made available through the Website.
5. If you believe that any Content or
User Content (as defined herein) or other content available on the Website does
not comply with the terms of the Agreement(s) or applicable law, You may report
such content in the manner prescribed under clause 14 herein.
6. The Website may allow you to post
certain content, data or information of Your own such as allowing You to rate
Products, seller, post your comments, and reviews in relation to Products on
specific pages of the Website, as well as submit any suggestions, comments,
questions or other information to Top10 Mobiles using the Website / Services
(collectively referred to "User Content"). You, being the originator
of the User Content, are responsible for the User Content that You upload,
post, publish, transmit or otherwise make available on the Website. You
represent that you have obtained all relevant consents and approvals in order
to post any User Content. You further represent that all such User Content will
be in accordance with applicable law. You acknowledge that Top10 Mobiles does
not endorse any User Content on the Website and is not responsible or liable
for any User Content. Top10 Mobiles reserve the right to disable access to the
User Content on the Website.
7. You hereby grant Top10 Mobiles a
perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and
license to use, copy, distribute, display, publish, transmit, make available,
reproduce, modify, adapt the User Content and create derivate works of the User
Content. You represent and warrant that You own or otherwise control all of the
rights to the User Content that You post or that You otherwise provide on or
through the Website; and that, as at the date that the User Content is posted
or submitted on the Website: (i) the User Content is accurate; (ii) use of the
User Content You supply does not breach these Terms of Use; and (iii) that such
User Content is lawful.
8. You agree, understand and
acknowledge that the Website is an electronic platform in the form of an
electronic marketplace and an intermediary that provides an electronic venue
where various Users may electronically meet and interact with each other to
engage in commerce and transact. You further agree and acknowledge that Top10
Mobiles is only a facilitator and is not and cannot be a party to or control in
any manner any advertisement, exhibition, making available, offer to sell or
transactions of sale or purchase of Products on the Website. Top10 Mobiles is
not the seller of the Products. Accordingly, any contract for the sale /
purchase of Products on the Website is a bipartite contract between You and the
sellers (if You are a buyer) or You and the buyer (if You are a seller). Top10
Mobiles neither recommends You to buy or sell any Products on the Website nor
does Top10 Mobiles endorses any such Products and nor does Top10 Mobiles
provides any guarantee, warranties or assurance with respect to the
advertisement, exhibition, making available, offer to sell or transactions of
sale or purchase of Products on the Website. Further, Top10 Mobiles does not
guarantee, warranty or provide any assurance on the behaviour of any User of
the Website including any guarantee, warranty or assurance that any User
(whether buyer or seller) will complete any transaction or act in a prudent
manner.
9. When you use the Website and/or the
Services You specifically undertake not to host, display, upload, modify,
publish, transmit, update or share any information or Content that:
a. belongs to another person and to
which the User does not have any right to;
b. is grossly harmful, harassing,
blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive
of another's privacy, hateful, or racially, ethnicall objectionable,
disparaging, relating or encouraging money laundering or gambling, or otherwise
unlawful in any manner whatsoever;
c. harms minors in any way;
d. impersonate any person or entity, or
falsely state or otherwise misrepresent Your affiliation with a person or
entity;
e. threatens the unity, integrity,
defense, security or sovereignty of India, friendly relations with foreign
states or public order or causes incitement to the commission of any cognizable
offence or prevents investigation of any offence or is insulting of any other nation;
f.
infringes
any patent, trademark, copyright or other proprietary rights;
g. contain software viruses or any
other computer code, files or programs designed to interrupt destroy or limit
the functionality of any computer resource;
h. deceives or misleads the addressee
about the origin of such messages or communicates any information which is
grossly offensive or menacing in nature;
i.
engage
in any activity that interferes with or disrupts access to the Website or the
Services (or the servers and networks which are connected to the Website);
j.
attempt
to gain unauthorized access to any portion or feature of the Website, any other
systems or networks connected to the Website, to any Top10 Mobiles server, or
to any of the Services offered on or through the Website, by hacking, password
mining or any other illegitimate means;
k. probe, scan or test the
vulnerability of the Website or any network connected to the Website, nor
breach the security or authentication measures on the Website or any network
connected to the Website. You may not reverse look-up, trace or seek to trace
any information on any other user, of or visitor to, the Website, or any other
customer of Top10 Mobiles, including any Top10 Mobiles Account not owned by
You, to its source, or exploit the Website or Service or information made
available or offered by or through the Website, in any way whether or not the
purpose is to reveal any information, including but not limited to personal
identification information, other than Your own information, as provided for by
the Website;
l.
disrupt
or interfere with the security of, or otherwise cause harm to, the Website,
systems resources, accounts, passwords, servers or networks connected to or
accessible through the Websites or any affiliated or linked sites;
m. use the Website or Content for any
purpose that is unlawful or prohibited by the Agreement, or to solicit the
performance of any illegal activity or other activity which infringes the rights
of Top10 Mobiles or other third parties;
n. 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;
o. violate any code of conduct or other
guidelines, which may be applicable for or to any particular Service;
p. violate any applicable laws or
regulations for the time being in force within or outside India;
q. violate the terms of the Agreement.
10. You agree that You are solely
responsible to Top10 Mobiles and to any third party for any breach of Your
obligations under these Terms of Use or other Agreements and for the
consequences (including any loss or damage which Top10 Mobiles or its
affiliates or its vendors may suffer) for any such breach.
11. Top10 Mobiles does not pre-screen
User Content. Top10 Mobiles has no obligation to monitor any User Content.
However, Top10 Mobiles at its discretion and/or in accordance with applicable
law may monitor any User Content and may remove any User Content from the
Website if Top10 Mobiles determines in its sole discretion that such User
Content is in violation of these Terms of Use or any applicable law. Where
Top10 Mobiles removes any User Content from the Website, Top10 Mobiles will
make reasonable efforts to inform the user who had posted such User Content.
Such actions do not in manner negate or dilute Top10 Mobiles's position as an
intermediary or impose any liability on Top10 Mobiles with respect to User
Content.
12. You shall solely be responsible for
maintaining the necessary computer / mobile equipment, internet connections and
other software and technologies that may be required to access, use and
transact on the Website. You may incur access or data fees from third parties
in connection with your purchase and/or use of the services. You are
responsible for all such fees.
13. You shall use this Website, and any
voucher/coupons purchased through it, for personal, non-commercial use only and
shall not re-sell the same to any other person.
14. You may need to install updates that
we or any third party introduce from time to time to use the services,
Products, Website including downloads and required functionality, such as bug
fixes, patches, enhanced functions, missing plug-ins and new versions
(collectively, "Updates"). Your use of the Products or Website you
have installed requires that you have agreed to receive such automatically
requested Updates.
15. Any purchase of the Products from
the Website will be strictly for personal use of the User. The User hereby
expressly agrees that any merchandize or Services purchased by the User will
not be sold, resold, bartered or in any way used for any commercial purposes or
for profit. The User hereby acknowledges that the Products purchased are not
transferrable to any third party for profit. Accordingly, Top10 Mobiles
reserves the right to cancel any orders that classify as 'Bulk Order' as
determined by Top10 Mobiles as per certain criteria. Any rewards or benefits provided
by Top10 Mobiles and used by You for placing the 'Bulk Order' will not be
refunded. An order can be classified as 'Bulk Order' if it meets certain
criteria adopted by Top10 Mobiles for the purpose of identifying 'Bulk Order',
including but not limited to:
a. Products ordered for commercial
resale and not for self-consumption;
b. Multiple orders placed for same
product at the same address;
c. Bulk quantity of the same product
ordered;
d. Invalid address given in order
details; or
e. Any malpractice used to place the
order.
16. There may be certain orders that
Top10 Mobiles is unable to process or pass on buyer's order to the seller and
must cancel. Some situations that may result in Top10 Mobiles's inability to
process or pass on buyer's order to the seller include, without limitation,
non- availability of the Website service, force majeure, credit limitations or
suspected fraud.
17. In case buyer purchases multiple
Products in one transaction, the Seller(s) may deliver all such Products
together. However, this may not always be possible. If buyer purchases multiple
Products in a single transaction, then all the Products would be dispatched to
a single delivery address provided by buyer at the time of purchase. If buyer
wishes to get delivery of the Products to different addresses, then buyer
should purchase the Products under separate transactions and provide separate
delivery addresses for each transaction, as may be required. Buyer agrees that
the delivery of the Products can be made to the person who is present at the
shipping address provided by You.
18. In certain cases, where buyer
requires certain services in relation to a Product, such as warranty,
after-sales or installation services, buyer shall directly contact seller or
the manufacturer. However, in the event, buyer contacts Top10 Mobiles for the same,
Top10 Mobiles may inform the seller to provide or facilitate the provision of
such services to the buyer. Top10 Mobiles is not and shall not be obliged to
provide any such additional services. Top10 Mobiles's role in relation to
facilitating such services shall be limited to facilitating communication
between buyer and the seller for the purpose of provision of such additional
services.
19. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
7. Use of
Content
1. Except as expressly indicated to the
contrary in any applicable Additional Service Terms, Top10 Mobiles hereby
grants You a non-exclusive, revocable and non-transferable right to view,
download and print product catalogues available on the Website, subject to the
following conditions:
a. You may access and use the product
catalogues solely for personal, informational, and internal purposes, in
accordance with these Terms of Use;
b. You may not modify or alter product
catalogues available on the Website;
c. You may not distribute or sell,
rent, lease, license or otherwise make the product catalogues available on the
Website available to others; and
d. You may not remove any text,
copyright or other proprietary notices contained in the product catalogues
available on the Website.
2. The rights granted to You in the
product catalogues or any other materials as specified above are not applicable
to the design, layout or look and feel of the Website. Such elements of the
Website are protected by intellectual property rights and may not be copied or
imitated in whole or in part.
3. Any software that is available on
the Website is the property of Top10 Mobiles or its vendors. You may not use,
download or install any software available at the Website, unless otherwise
expressly permitted by the Agreement or by the express written permission of
Top10 Mobiles.
8. Intellectual
Property Rights
1. The Website and the processes, and
their selection and arrangement, including but not limited to all text,
graphics, user interfaces, visual interfaces, sounds and music (if any),
artwork and computer code (collectively, the "Content") on the
Website is owned and controlled by Top10 Mobiles or its licensors and the
design, structure, selection, coordination, expression, look and feel and
arrangement of such Content is protected by copyright, patent and trademark
laws, and various other intellectual property rights. Through Your use of the
Website, by no means are any rights impliedly or expressly granted to You in
respect of such Content. Top10 Mobiles reserves the right to change or modify
the Content from time to time at its sole discretion.
2. The trademarks, logos and service
marks displayed on the Website ("Marks") are the property of Top10
Mobiles or their vendors/seller or respective third parties. You are not
permitted to use the Marks without the prior consent of Top10 Mobiles, the
vendor/seller or the third party that may own the Marks.
3. Unless otherwise indicated or
anything contained to the contrary or any proprietary material owned by a third
party and so expressly mentioned, Top10 Mobiles owns all intellectual property
rights to and into the trademark "Top10 Mobiles", and the Website,
including, without limitation, any and all rights, title and interest in and to
copyright, related rights, patents, utility models, designs, know-how, trade
secrets and inventions (patent pending), goodwill, source code, meta tags,
databases, text, content, graphics, icons, and hyperlinks.
4. Except as expressly provided herein,
You acknowledge and agree that You shall not copy, republish, post, display,
translate, transmit, reproduce or distribute any Content through any medium
without obtaining the necessary authorization from Top10 Mobiles or thirty
party owner of such Content.
9. Third
Party Content
1. General third party information such
as, product catalogues, product description and specifications, lists of
dealers, reports on news, entertainment, technology and features,
advertisements including videos, images and photographs of the products, links
to third party websites and other data from external sources is made available
on the Website ("Third Party Content"). The provision of Third Party
Content is for general informational purposes only. You acknowledge that the
Third Party Content provided to You is obtained from sources believed to be
reliable or provided by the sellers in the process of advertising, exhibiting
and offering to sell the Products on the Website. All Third Party Content is
provided on an 'As Is' basis. Top10 Mobiles may not own / have the rights and
title to any such Third Party Content, or provide any guarantee with respect to
the accuracy, title, merchantability, non-infringement or fitness for a
particular purpose of any Third Party Content. Top10 Mobiles shall not be held
liable for any loss suffered by You based on Your reliance on or use of such
Third Party Content.
2. In the event any Third Party Content
contains links to third party websites, and You visit any such external link,
You agree to do so at your own risk, responsibility and liability. Top10
Mobiles makes no warranty or representation regarding, and does not endorse,
any website linked to the Website / Services or the information appearing
thereon or any of the products or services described thereon.
10. Disclaimer
Of Warranties & Liability
1. THE WEBSITE, SERVICES, CONTENT, USER
CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY TOP10 MOBILES ON AN
"AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, TOP10 MOBILES MAKES NO WARRANTY THAT (I) THE WEBSITE OR
THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE,
ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET
YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE ORSERVICES
WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM TOP10 MOBILES OR THROUGHTHE WEBSITE / CONTENTOR FROM USE OF THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
2. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, TOP10 MOBILES WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND
/ OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL,
PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. TOP10 MOBILES ALSO DISCLAIMS ALL
LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF
ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
3. YOU EXPRESSLY UNDERSTAND AND AGREE
THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TOP10 MOBILES WILL NOT
BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE
OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY
SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. TOP10 MOBILES HAS ENDEAVORED
TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT TOP10 MOBILES
NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY
OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. TOP10 MOBILES
SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR
RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE
FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES
AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE. FURTHER, TOP10 MOBILES SHALL NOT BE HELD RESPONSIBLE
FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR
ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO
TECHNICAL REASONS OR FOR ANY REASON BEYOND TOP10 MOBILES 'S CONTROL. THE USER
UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK
AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. TOP10
MOBILES IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID
COUPON. TOP10 MOBILES ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH
RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD
PARTIES.
4. In the event You have purchased /
downloaded the Website from any online application stores, whether provided by
Apple, Inc., Google, Inc. or Blackberry Limited (or their respective
affiliates) (collectively referred to as "Store Providers"), and
there occurs any failure of the Website and / or Services, You may follow the
process recommended by the Store Provider under the terms of the contract
applicable between You and such Store Provider. The Store Providers shall not
be liable for any (i) warranty obligations of Top10 Mobiles and related claims,
losses, liabilities, damages, costs or expenses; (ii) product liability /
consumer protection claims, and claims related to the Website's non-conformity
with any applicable laws; and (iii) any third party claims of infringement of
intellectual property rights by the Website / Top10 Mobiles.
11. Indemnification
and Limitation of Liability
1. You agree to indemnify, defend and
hold harmless Top10 Mobiles, its subsidiaries, affiliates, vendors, agents and their
respective directors, officers, employees, contractors and agents (herein after
individually and collectively referred to as "indemnified parties")
from and against any and all losses, liabilities, claims, suits, proceedings,
penalties, interests, damages, demands, costs and expenses (including legal and
other statutory fees and disbursements in connection therewith and interest
chargeable thereon) asserted against or incurred by the indemnified parties
that arise out of, result from, or in connection with (i) Your breach of the
Agreement(s); or (ii) any claims made by any third party due to, or arising out
of, or in connection with, Your use of the Website; or (iii) any claim that any
Third Party Content / content, information or materials provided by You caused
damage to a third party; or (iv) Your violation of any rights of another,
including any intellectual property rights.
2. Top10 Mobiles may notify You of any
claims which You shall be liable to indemnify Top10 Mobiles against. You will
then be required to consult with Top10 Mobiles regarding the course of action
to be undertaken in defending such a claim. Further, You shall not compromise
or settle any claim or admit any liability or wrongdoing on the part of Top10
Mobiles without the express prior written consent of Top10 Mobiles which can be
withheld or denied or conditioned by Top10 Mobiles in its sole discretion.
3. Notwithstanding anything to contrary
in the Agreement(s), Top10 Mobiles's entire and aggregate liability to You
under and in relation to these Terms of Use or otherwise shall not exceed the
greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any,
paid by You to Top10 Mobiles under the relevant order to which the cause of
action for the liability relates.
4. Notwithstanding anything to contrary
in the Agreement(s), in no event shall Top10 Mobiles, its subsidiaries or
affiliates and their respective officers, directors, employees, partners or
suppliers be liable to You for any special, incidental, indirect,
consequential, exemplary or punitive damages whatsoever, including those
resulting from loss of use, data or profits, whether or not foreseeable or
whether or not Top10 Mobiles has been advised of the possibility of such
damages, or based on any theory of liability, including breach of contract or
warranty, negligence or other tortious action, or any other claim arising out
of or in connection with Your use of or access to the Website, Services or
Content.
12.Terms
1. The Agreement will continue to apply
until terminated by either You or Top10 Mobiles as set forth below. If You want
to terminate Your agreement with Top10 Mobiles, You may do so by (i) not
accessing the Website; or (ii) closing Your Account for all of the Services
that You use, where Top10 Mobiles has made this option available to You.
2. You agree that Top10 Mobiles may, in
its sole discretion and without prior notice, terminate Your access to the
Website and block Your future access to the Website if Top10 Mobiles determines
that You have violated the terms of these Terms of Use or any other
Agreement(s). You also agree that any violation by You of the Agreement(s) will
cause irreparable harm to Top10 Mobiles, for which monetary damages may be
inadequate, and You consent to Top10 Mobiles obtaining any injunctive or
equitable relief that Top10 Mobiles deems necessary or appropriate in such
circumstances. These remedies are in addition to any other remedies Top10
Mobiles may have at law or in equity.
3. In addition to Clause 12.2 above,
Top10 Mobiles may, at any time, with or without notice, terminate these Terms
of Use (or portion thereof, such as any individual Additional Terms) with You
if:
a. Top10 Mobiles is required to do so
by law (for example, where the provision of the Services to You is, or becomes,
unlawful), or upon request by any law enforcement or other government agencies;
b. The provision of the Services to You by Top10
Mobiles is, in Top10 Mobiles's opinion, no longer commercially viable;
c. Top10 Mobiles has elected to
discontinue, with or without reason, access to the Website, the Services (or
any part thereof); or
d. In the event Top10 Mobiles faces any
unexpected technical issues or problems that prevent the Website and / or
Services from working.
4. Top10 Mobiles may also terminate or
suspend all or a portion of Your Account or access to the Services with or
without reason. Except as may be set forth in any Additional Terms applicable
to a particular Service, termination of Your Account may include: (i) removal
of access to all offerings within the Website or with respect to the Services;
(ii) disabling access to the Account Information, including Your personal
information, log-in ID and password, and all related information, files and
materials associated with or inside Your Account (or any part thereof), and any
User Content uploaded by You; and (iii) prohibiting further use of the
Services.
5. You agree that all terminations
shall be made in Top10 Mobiles's sole discretion and that Top10 Mobiles shall
not be liable to You or any third party for any termination of Your Account
(and accompanying deletion of Your Account Information), or Your access to the
Website and Services.
6. Notwithstanding the foregoing, these
such terms of this Agreement as are meant to survive termination / expiry of
this Agreement, will survive indefinitely unless and until Top10 Mobiles
chooses to terminate them. Top10 Mobiles may inform the sellers who have
accepted Your purchase orders on the Website, that this Agreement is
terminated, and upon such information sellers may cancel the purchase order.
Top10 Mobiles may also cancel all Your non-fulfilled orders on the Website
without any obligation or liability towards You.
13.Governing
Law and Jurisdiction
1. These Terms of Use and all
transactions entered into on or through the Website and the relationship
between You and Top10 Mobiles shall be governed in accordance with the laws of
India without reference to conflict of laws principles.
2. You agree that all claims,
differences and disputes arising under or in connection with or in relation
hereto the Website, these Terms of Use, the Agreement(s) or any transactions
entered into on or through the Website or the relationship between You and
Top10 Mobiles shall be subject to the exclusive jurisdiction of the courts at
New Delhi, India and You hereby accede to and accept the jurisdiction of such
courts. Each party hereby irrevocably waives any objection which such party may
now or hereafter have to the laying of improper venue or forum non convenient.
Each party agrees that a judgment in any such action or proceeding may be
enforced in other jurisdictions by suit on the judgment or in any manner
provided by law. Any and all service of process and any other notice in any
such suit, action or proceeding with respect to this Agreement shall be
effective against a party if given as provided herein.
14.Report
Abuse And Take Down Policy
· In the event You come across any
abuse or violation of these Terms of Use or if You become aware of any
objectionable content on the Website, or if You believe your intellectual
property rights have been violated in any manner through the Website, please refer
to the Top10 Mobiles Report and Take Down Policy available at https://www.Top10
Mobiles.com/page/abusePolicy or under "Policy Info" section.
15.Communications
· When You use the Website or send
emails or other data, information or communication to Top10 Mobiles, You agree
and understand that You are communicating with Top10 Mobiles through electronic
records and You consent to receive communications via electronic records from
Top10 Mobiles periodically and as and when required. Top10 Mobiles will
communicate with You by email or by notices on Website or electronic records on
the Website or on Your mobile number which will be deemed adequate service of
notice / electronic record to the maximum extent permitted under any applicable
law,
16.General
Provisions
1. Notice: All notices with respect to
these Terms of Use from Top10 Mobiles will be served to You by email or by
general notification on the Website. Any notice provided to Top10 Mobiles
pursuant to these Terms of Use should be sent to Grievance Officer at
[email protected] Mobiles.com.
2. Assignment: You cannot assign or
otherwise transfer the Agreements, or any rights granted hereunder or any
obligations, to any third party and any such assignment or transfer or
purported assignment or transfer shall be void ab initio. Top10 Mobiles's rights
and/or obligations under the Agreement are freely assignable or otherwise
transferable by Top10 Mobiles to any third parties without the requirement of
seeking Your prior consent. Top10 Mobiles may inform You of such assignment or
transfer in accordance with the notice requirements under the Agreement. Top10
Mobiles shall have right to transfer Your Account and Account Information to a
third party who purchases Top10 Mobiles's business as conducted under the
Website.
3. Severability: If, for any reason, a
court of competent jurisdiction finds any provision of the Agreement, or
portion thereof, to be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to give effect to the intent of the parties as
reflected by that provision, and the remainder of the Agreement shall continue
in full force and effect. Top10 Mobiles may amend in a reasonable manner such
provision to make it enforceable and such amendment will be given effect in
accordance with the amendment terms of these Terms of Use.
4. Waiver: Any failure or delay by a
party to enforce or exercise any provision of the Agreement, or any related
right, shall not constitute a waiver by such party of that provision or right.
The exercise of one or more of a party's rights hereunder shall not be a waiver
of, or preclude the exercise of, any rights or remedies available to such party
under these Terms of Use or in law or at equity. Any waiver by a party shall
only be made in writing and executed by a duly authorized officer of such
party.
5. Principal to Principal Relationship:
You and Top10 Mobiles are independent contractors, and nothing in these Terms
of Use will be construed to create a partnership, joint venture, association of
persons, agency (disclosed or undisclosed), franchise, sales representative, or
employment relationship between You and Top10 Mobiles. As an abundant caution,
it is clarified that Top10 Mobiles shall not have any right to conclude any
contract for sale or purchase of Products for and / or on Your behalf and both
You and Top10 Mobiles have entered this agreement on principal to principal
basis.
6. Force Majeure: If performance of any
service or obligation under these Terms of Use or other Agreement by Top10
Mobiles is, or other third parties in fulfillment of any purchase or sale
transaction (for eg: logistics service provider, fulfillment center, payment
gateways etc.) are, prevented, restricted, delayed or interfered with by reason
of labor disputes, strikes, acts of God, floods, lightning, severe weather,
shortages of materials, rationing, utility or communication failures,
earthquakes, war, revolution, acts of terrorism, civil commotion, acts of
public enemies, blockade, embargo or any law, order, proclamation, regulation,
ordinance, demand or requirement having legal effect of any government or any
judicial authority or representative of any such government, or any other act
whatsoever, whether similar or dissimilar to those referred to in this clause,
which are beyond the reasonable control of Top10 Mobiles or its third parties
performing such services as sub-contractor to Top10 Mobiles and could not have
been prevented by reasonable precautions (each, a "Force Majeure
Event"), then Top10 Mobiles shall be excused from such performance to the
extent of and during the period of such Force Majeure Event. Top10 Mobiles
shall exercise all reasonable commercial efforts to continue to perform its
obligations hereunder.
7. Grievance Officer: In compliance
with Information Technology Act, 2000 and the rules made thereunder, the
Grievance Officer of Top10 Mobiles for the purpose of this Agreement shall be
Mr. Rakesh Yadav with email address: [email protected] Mobiles.com. Top10
Mobiles may change the aforesaid details from time to time under intimation to
You.
17.Feedback
and Information
1. Any feedback You provide to this
Website shall be deemed to be non-confidential. Top10 Mobiles shall be free to
use such information on an unrestricted basis. Further, by submitting the
feedback, You represent and warrant that (i) Your feedback does not contain
confidential or proprietary information of You or of third parties; (ii) Top10
Mobiles is not under any obligation of confidentiality, express or implied,
with respect to the feedback; (iii) Top10 Mobiles may have something similar to
the feedback already under consideration or in development; and (iv) You are
not entitled to any compensation or reimbursement of any kind from Top10
Mobiles for the feedback under any circumstances.
2. To clarify, Top10 Mobiles may at its
discretion, make any modifications or changes to the Website, Content and / or
Services on the basis of such feedback, however Top10 Mobiles shall not be
obliged to do so. Further, in the event that Top10 Mobiles makes any changes or
modifications to the Website, Content and / or Services on the basis of any
such feedback, You shall not have any rights or title (including any
intellectual property rights) in such changes or modifications to the Website,
Content and / or Services. You expressly waive any and all rights in such changes
or modifications to the Website, Content and / or Services, and assign to Top10
Mobiles, all worldwide rights and title (including any intellectual property
rights) to such changes or modifications to the Website, Content and / or
Services, in perpetuity. You hereby waive all rights under Section 19(4) of the
Indian Copyright Act, 1956, or other similar provisions in laws of any
jurisdiction, in relation to any such changes or modifications to the Website,
Content and / or Services.