Terms & Conditions
This website is operated by RMSMOBILES. Throughout the site, the terms “we”, “us” and “our” refer to RMSMOBILES. RMSMOBILES offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
- By your use of the Website, you certify that you are legally permitted to access and use the Website and take full responsibility for the same. These Terms and Conditions shall be void where prohibited by law and your right to access the Website is revoked in such jurisdictions.
- By your use of the Website, you certify that you are legally permitted to access and use the Website and take full responsibility for the same. These Terms and Conditions shall be void where prohibited by law and your right to access the Website is revoked in such jurisdictions.
- By your use of the Website, you certify that you are legally permitted to access and use the Website and take full responsibility for the same. These Terms and Conditions shall be void where prohibited by law and your right to access the Website is revoked in such jurisdictions.
- You shall only use this Website for lawful purposes as mentioned under these Terms and Conditions (as may be amended from time to time). You agree not to use the Website in any manner so as to impair our interests and/or functioning of the Website.
- You are responsible for all activity undertaken from your User Account, whether or not you authorize it. In case of any unauthorized activity undertaken from your User Account, you agree to immediately notify us of such activity or any other breach of security via e-mail, phone or such other modes of communication. We cannot and will not be liable for any loss or damage arising from your failure to comply with the obligations. Further, any violation of these Terms and Conditions will lead to strict legal action against you in accordance with these Terms and Conditions and the applicable law.
- You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate suspension/termination of your User Account. We may require additional verification or information during the course of your usage of the Website.
- We reserve the right to amend these Terms and Conditions from time to time. If we make any changes to these Terms and Conditions, we will notify you (either by e-mail or a sign-in notification or some other means). If you continue to use the Website after such changes become effective, you agree to be bound by the revised Terms and Conditions. If you do not agree to the revised terms and conditions, we suggest you to refrain from using the Website after the changes come into effect.
- We shall not be responsible for any verbal commitments allegedly made by any of its employee, officer or directors at any point of time. Any commitment made by an existing employee from a personal email ID shall not be entertained by the Company.
- You expressly agree that you shall not at any point of time:
o attempt to probe, scan or test the vulnerability of a system or network associated or used in connection with the Website;
o breach or attempt to breach the security or authentication measures of the Website or undertake any such act without proper authorization;
o attempt to interfere with the access of any other user including without limitation submitting a virus of any kind or Trojan horse to the Website, overloading, flooding, mail bombing or crashing;
o copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained on the Website except as permitted; or
o copy and distribute any information on any other server, or modify or re-use any information, text, graphics, sound, etc. on the Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or the web, whether in hard copy or in electronic format, including postings to any other website.
- You undertake not to duplicate, download, publish, modify and distribute materials published or displayed on the Website unless specifically authorised by us. You undertake not to establish any deep link or other connection to any specific page of the Website other than the Home Page without obtaining our prior consent. We strictly prohibit using any automated process such as spiders, crawlers etc. or through any manual process for any purpose.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – AVAILABILITY OF THE WEBSITE, SECURITY & ACCURACY
You understand that the Website uses internet and internet usage costs apply in accordance with your internet service provider. Due to the nature of the internet, we cannot guarantee uninterrupted or error free usage and therefore, we make no warranty in respect of your usage of the Website. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions, which may cause temporary interruptions.
Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason.
We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for any damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your access to or use of the Website.
The Website is independent of any platform/ operating system on which it is used/ maintained. The Website is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Windows, Apple, Google, Android or RIM Blackberry (each being an “Operator>”). Your access to or use of the Website is also bound by the terms of use of the Operator.
SECTION 6 – INTELLECTUL PROPERTY RIGHTS
Unless otherwise indicated to the contrary, the Company owns and possess relevant licenses for all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to the Company without obtaining authorization from it.
We give you permission to use the Website and the content materials published on it for personal, non-commercial purposes only and do not transfer any Intellectual Property Rights to you by virtue of permitting your use of the Website. Copyright notices and trademarks may not be changed or removed. Components of the Website may not be reproduced in whole or in part or in any other manner or form (including electronic and printed form) without our prior written consent and unless full acknowledgement of the source is provided.
You acknowledge and agree that, in the event of any third party claims that the Website or your access or use of the Website infringes such third party’s intellectual property rights; we shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by us.
SECTION 7 – DISCLAIMER OF WARRANTIES
You assume all responsibility and risk with respect to your use of the website. The website is available “as is,” and “as available”. You understand and agree that, to the fullest extent permitted by law, the Company disclaims all warranties, representations and endorsements, express or implied, with regard to the website, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. The Company does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the website. The Company has no duty to update or modify the website and shall not be held liable for the failure to do so.
SECTION 8 – INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its employees, officers, agents and its successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon user’s actions or inactions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms and Conditions or arising out of the your violation of any applicable law, regulations including but not limited to Intellectual Property Rights, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users.
SECTION 9 – LIMITATION OF LIABILITY
Under no circumstances shall the Company or any of its employees, agents or sub-contractors be liable to you for any indirect, incidental, contingent, consequential, special or exemplary losses or damages arising from these terms and conditions, under tort, common law or under public policy, even if the party has been advised of the possibility of such damages, resulting from any aspect of your use of the website, including without limitation whether the damages arise from use or misuse of the website, from inability to use the website, or the interruption, suspension, modification, alteration of the website. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
SECTION 10 -TERMINATION
These Terms and Conditions shall remain in full force and effect while you continue to use the Website.
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms and Conditions, other policies or any other terms that may be published on the Website, either by you or any other person using your credentials. We shall not be liable to you or any third party for any termination of your access to the Website.
Upon termination of your account, your right to use or access certain features of the Website will immediately cease. All provisions of these Terms and Conditions which, by their nature, should survive termination, deactivation or suspension of your User Account, shall survive termination, including, without limitation, intellectual property rights, warranty, disclaimers, indemnification and limitations of liability.
SECTION 11 – ELECTRONIC CONTRACTING AND NOTICES
Your affirmative act of using the Website and/or registering on the Website constitutes your electronic signature to these Terms and Conditions and also your consent to enter into agreements with the Company electronically. You acknowledge and agree that we may request for your explicit consent on any feature, database, or content on the Website by clicking on the option provided as ‘I AGREE’. You further acknowledge and agree that such consent provided by you shall be considered as consent without any coercion, misrepresentation, undue influence or fraud and shall be deemed to be a valid consent as has been provided after reading the terms and conditions as provided on that feature, database or consent.
SECTION 12 – MISCELLANEOUS
WAIVER: The failure of either You or us to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
FORCE MAJEURE: Under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control; including, without limitation, internet failures, computer equipment failures, payment processor failure, telecommunication equipment failures, and any other equipment failures; electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of, or fluctuations in heat, light, or air conditioning.
SEVERABILITY: If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable.
ASSIGNMENT: These Terms and Conditions are not assignable, transferable or sub-licensable by you except with our prior written consent and any such attempted assignment shall be void. We may transfer, assign or delegate these Terms and Conditions and its rights and obligations hereunder to any third party, without providing any notice. You agree that there are no third party beneficiaries intended under these Terms and Conditions.
SECTION 13 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 14 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.
SECTION 15 – CONTACT INFORMATION
Questions about the Terms of service should be sent to us at RMSMOBILES@gmail.com.