Terms & Conditions
By using it, you are agreeing to these Terms &
Conditions (defined below). Please read them carefully. “Modiex Tradex Pvt Ltd”).,
formerly known as Modiex Tradex, doing business as “Modmobile”
“Modmobile” owns and
operates the website, www.modmobile.in.
The mobile touch versions, App on Play Store and Apple App Store, and/or any
site(s) we have now or in the future that reference these Terms &
Conditions (collectively, “Modmobile”),
provide a marketplace and platform for consumers and organizations to sell or
repair their used, old and other articles, and conduct varied transactions and
activities, with third-party companies and other entities and persons
(collectively, “Third Parties”). The Modmobile
marketplace, platform, and related functionality, whether provided through the
Site or through other means, are collectively referred to as the services (the
“Services”).
If you do not agree with any part of these Terms &
Conditions, you must not use the Site or Services. Your continued use of the
Site or Services will constitute your acceptance of these Terms &
Conditions, as they may be modified by us from time to time, with or without
notice to you. Please check this page regularly for updates to the Modmobile Terms
& Conditions.
1. Modmobile
is a marketplace venue
Modmobile is a platform to allow users, subject to
compliance with Modmobile policies, to sell/repair certain goods Modmobile may
not be directly involved in the transaction between user(s) and third party
professional(s), ensuing no control by reasons whatsoever in any aspect of your
transactions with Third Parties, and the Third Parties are solely responsible
to you for all aspects of your transactions with them.
2. Permitted
Use and Compliance with Laws.
Modmobile authorizes you to access, view and use the Site
content and software (collectively, the “Modiex Tradex Pvt Ltd”) solely to the
extent necessary for you to use the Services. You may not remove any copyright,
trademark or other proprietary notices that have been placed on the Modmobile
Property. You may not engage in systematic retrieval of data or other content
from the Modmobile Property. Except as expressly permitted by these Terms &
Conditions, any modification, reproduction, redistribution, republication,
uploading, posting, transmitting, distributing or otherwise exploiting in any
way the Modmobile Property, or any portion of the Modmobile Property, is
strictly prohibited without the prior written permission of Modiex Tradex Pvt
Ltd.
You agree that you will comply with all applicable laws,
regulations and ordinances relating to the Site and Services, the Modmobile
Property or your use of them, and that in using the Site and Services you will
not engage in any conduct that restricts or inhibits any other person from
using or enjoying the Services.
3. Copyright
and trademarks.
Except as otherwise indicated, all materials in the Site,
including, but not limited to text, software, photos, video, graphics, music,
sound, the Modmobile Logo, trademarks and service marks and the entire contents
of the Site are the property of Modiex Tradex Pvt Ltd and/or its affiliates or
licensors, including the Third Parties, and are protected by
international/Indian copyright and trademark laws, all rights reserved. Any
violation of these restrictions may result in a copyright, trademark, or other
intellectual property right infringement that may subject you to civil and/or
criminal penalties.
Other marks on the site not owned by Modmobile may be under
license from the trademark owner thereof, in which case such license is for the
exclusive benefit and use of Modmobile unless otherwise stated, or may be the
property of their respective owners. You may not use any of the trademark name,
logos, trademarks or brands, or trademarks or brands of others on the Site
without Modiex Tradex Pvt Ltd express permission.
4.Modmobile
Services and Third Party Services and Sites
The information and materials provided in the Site and
through the Services are intended for general reference only, and may not
describe all of the terms, conditions, and exceptions applicable to Modmobile
Services. Modmobile presents information from Third Parties through the Modmobile
Site and Services, including prices offered for your items, item descriptions,
certain Third Party terms of service, and other information (“Third Party
Information”). Modmobile cannot control, and is not responsible for the
accuracy of any Third Party Information.
You conduct your actual sales and other transactions
directly with the Third Parties and, unless otherwise specifically and clearly
indicated, not with Modmobile. Modmobile cannot control any aspect of your
sales and transactions with Third Parties, and the Third Parties are solely
responsible to you for all aspects of your sales and transactions with them.
At times, the Modmobile Site may have links to websites
hosted by the Third Parties and other entities (the “Additional Sites”), or
such Additional Sites may have links to the Modmobile Site. These links are
offered as a convenience and for informational purposes only, not as referrals
or endorsements by Modmobile of the Additional Sites. The Additional Sites are
maintained by their respective organizations, and those organizations are
solely responsible for the content of their own websites. Modmobile does not
verify nor make any warranty or representation about the content, accuracy,
opinions expressed, warranties, products or services, intellectual property
compliance, or links of such Additional Sites. You should read the privacy
policies and Terms & Conditions agreements of all Additional Sites.
5. Privacy
and Passwords
Modmobile values and protects the privacy of your
information. Please review the Modmobile privacy policy, as it contains
important information relating to your use of the Site and Services. Some
portions of the Site are protected and require a user identification code
(“User ID”) and password for access. Unauthorized access or use of such portions
of the Site is prohibited. You agree that you will notify Modmobile immediately
if you believe that a third party has obtained your User ID or password, or if
you believe that any unauthorized access or use may occur or has occurred. For
your protection, if Modmobile believes that any unauthorized access may occur
or has occurred, Modmobile may terminate access without prior notice to you.
You also agree that Modmobile is permitted to act upon any instructions
received such instructions as authorized by you.
6.
Membership.
a.Registration and Basic Membership Terms: Members are
visitors to the site and or those using the Services that choose to register
with Modmobile (“Members”). Once registered, an account is created for each
Member (“Account”). If you choose to register as a Member, you represent and
warrant to us that:
(i) You are of legal age to form a binding contract.
(ii) You will provide us with accurate, current and complete
registration and contact information, and keep your information updated.
(iii) Your registration and your use of the Services are not
prohibited by law. We reserve the right to suspend or terminate your
membership, or your access to the Site and or Services, in the event that you
breach any of the Terms & Conditions or other applicable Modmobile
policies.
b. Password and Account Security: In connection with your
Account, you will create a password and a user id. You are responsible for
keeping your password and secure, and you are responsible for all actions taken
using your password.
c. Age: To create an Account or to otherwise use this
Website, you must be at least eighteen (18) years old or the age of majority in
your state or province of residence, whichever is greater.
7. Inactive
Accounts
a. Inactive Status: A Member’s Account may be set to
inactive if there is no activity associated with that Account for 180 days.
8. Warranty
Exclusions and Limitations of Liability.
We warrant that the Services and Modmobile Property will
conform substantially to the descriptions set forth on the Site. In the event
of any breach of this warranty, the Customer’s sole and exclusive remedy, and Modmobile
sole and exclusive liability, shall be (at Modmobile option) to remedy the
failure or to refund the monetary amount paid for the services by the Customer,
if any. Except as set forth in the foregoing sentence, we make no
representations or warranties of any kind regarding the Services or the Modmobile
Property. We expressly disclaim any and all warranties, whether express or
implied, including: all warranties of merchantability, fitness for a particular
purpose, title, non-infringement, and any and all warranties arising from
course of dealing and usage of trade; that the services and Modmobile property
will meet your requirements, will always be available, accessible,
uninterrupted, timely, secure or operate without error, as to the results that
may be obtained from the operation, use or other exploitation of the services
or Modmobile property, and as to the accuracy or reliability of any information
obtained from the services or the Modmobile property. No advice or information,
whether oral or written, obtained not expressly stated herein.
Under no circumstances will you be entitled to recover from
us any incidental, consequential, indirect, punitive or special damages
(including damages for loss of business, loss of profits or loss of use),
whether based on contract, tort (including negligence), or otherwise arising
from or relating to the services or Modmobile property, even if Modmobile has
been informed or should have known of the possibility of such damages. in any
event, Modmobile maximum aggregate
liability for any and all damages arising from the services or the Modmobile
property shall be a refund of the amount paid by you to us, if any.
Some jurisdictions do not allow the limitation or exclusion
of warranties or of liability, so some of the above limitations or exclusions
may not apply to you.
9.Indemnity.
Customer agrees to indemnify and hold Modmobile, our
affiliates, suppliers, licensors and partners, and the officers, directors,
employees, agents, and representatives of each of them harmless, including
costs, liabilities and legal fees, from any claim or demand made by any third
party due to or arising out of (i) your access to or use of Services, (ii) your
violation of these Terms & Conditions, or (iii) the infringement by you, or
any third party using your account, of any intellectual property or other
rights of any person or entity. Modmobile reserves the right, at your expense,
to assume the exclusive defense and control of any matter for which you are
required to indemnify us and you agree to cooperate with our defense of these
claims. You agree not to settle any matter without the prior written consent of
Modmobile. We will use reasonable efforts to notify you of any such claim,
action, or proceeding upon becoming aware of it.
10.
Applicable Law, Jurisdiction, Compliance
You and Modmobile agree that all matters arising from or
relating to the use and operation of the Site and/or the Services will be
governed by the substantive laws of the Republic of India, without regard to
its conflicts of laws principles. You agree that all claims you may have
arising from or relating to the operation, use, or other exploitation of the
Site and/or the Services will be heard and resolved in the courts located in
New Delhi. You consent to the personal jurisdiction of such courts over you,
stipulate to the fairness and convenience of proceeding in such courts, and
covenant not to assert any objection to proceeding in such courts.
11.
Miscellaneous Provisions
No delay or omission by us in exercising any of our rights
occurring upon any noncompliance or default by you with respect to any of these
Terms & Conditions will impair any such right or be construed to be a
waiver thereof. A waiver by us of any of the covenants, conditions or
agreements to be performed by you will not be construed to be a waiver of any
succeeding breach thereof or of any other covenant, condition, or agreement
here or contained. As used in these Terms & Conditions, “including” means
“including but not limited to.” Suppose any provision of these Terms &
Conditions is found by a court of competent jurisdiction to be invalid or
unenforceable. In that case, these Terms & Conditions will remain in full
force and effect and will be reformed to be valid and enforceable while
reflecting the intent of the parties to the greatest extent permitted by law.
Except as otherwise expressly provided herein, these Terms & conditions set
forth the entire agreement between you and Modmobile regarding its subject
matter and supersedes all prior promises, agreements, or representations,
whether written or oral, regarding such subject matter. You agree that the
electronic text of these Terms & Conditions constitutes writing and your
assent to the terms and conditions hereof constitutes a “signing” for all
purposes.
12.
Information Collection, Use, and Sharing
By submitting any Modmobile contact form, you understand
that you may be contacted by a Modmobile representative or a representative
from the partner you’ve chosen. You may be contacted via telephone, email,
text, or prerecorded message regarding Modmobile programs, offers, events,
announcements, and offers from Modmobile third-party marketing partners. If you
respond to any such offer, your information will be subject to that third
party’s terms and conditions. By providing us your phone number, you grant Modmobile
permission for the use of text messages, prerecorded voice or and/or automatic
telephone dialing systems to contact you and/or deliver Modmobile-related
information, offers or announcements.
You also agree that Modmobile may attempt to contact you via
any telephone number you provide, even if it is a mobile telephone number which
may result in charges to you. You can opt-out of Modmobile email and messaging
services at any time by writing to [email protected] .
You understand that agreeing to run diagnostics on the Modmobile
app program will allow Modmobile access to your device, solely in relation to
conducting the assessment of the quality parameters of your device. In no
matter will your private information and data on the device will be accessed
for any other purpose and such information shall not be downloaded by the
Company or used in any other manner.
For all customer service inquiries, please E-mail us
at [email protected]