This Terms and Conditions governs any purchases you make through Indiamobilewarehouse.com site.
Making Site Purchases.
Indiamobilewarehouse.com (“IMW”) provides the Marketplace as a location for buyers to locate and purchase new phones from IMW. Further, IMW reserves the right, at its sole discretion, to change, add or remove portions of this Terms and Conditions, at any time. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Certain services offered on or through the Site require you to first open a customer account (“My Account”). You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your My Account. You agree to notify IMW immediately of any unauthorized use of your account or password, or of any other breach of security. You may be held liable for losses incurred by IMW or by any other user of the Site due to someone else using your password or customer account. You may not use anyone else’s password or customer account at any time. You may not gain or attempt to gain unauthorized access to the Site. Should you attempt to do so, or should you assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or of any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or of any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load (as determined by IMW in its sole discretion) on the infrastructure of the Site or on any of the systems or networks comprising or connected to the Site.
You also agree that IMW may, in its sole discretion and without prior notice to you, terminate your access to the Site and your My Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) attempting to overcome or overcoming software security features limiting use of or protecting any Content, (3) attempted or actual discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms and Conditions, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that IMW will not be liable to you or to any third party for termination of your access to the Site.
By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for IMW to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at info@indiamobilewarehouse.com or follow the opt-out procedures set forth in such marketing emails.
Shipment
Shipment of the products you purchase in the Marketplace are made by the seller and not IMW. You agree that IMW has no obligation to ship to you any product you purchase in the Marketplace. You agree that IMW may provide to the seller your shipping address for shipment of the products you purchase. You agree to pay the shipping charges in full for any product that you purchase.
Privacy
As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Information as described in our Privacy Policy. Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.
YOU ACKNOWLEDGE, CONSENT AND AGREE THAT IMW SHALL PROVIDE SELLERS WITH INFORMATION THAT IS REASONABLY NECESSARY FOR SELLERS TO SHIP THE PRODUCTS TO YOU AND TO COMMUNICATE WITH YOU REGARDING SUCH SHIPMENT AND ANY ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR PURCHASE. THIS INFORMATION INCLUDES, BUT IS NOT LIMITED TO, YOUR “SHIP TO” INFORMATION AND YOUR EMAIL ADDRESS. YOU HEREBY AGREE THAT IMW SHALL HAVE NO RESPONSIBILITY, OBLIGATION OR LIABILITY WITH RESPECT TO THE DISCLOSURE OF SUCH INFORMATION TO, OR ANY COLLECTION, USE OR DISCLOSURE OF SUCH INFORMATION BY, ANY SELLER. You may receive access to certain information concerning other Marketplace users when you use the Marketplace. You hereby represent, warrant and agree (a) not to use any information regarding other Marketplace users which is accessible from the Marketplace or that may be disclosed to you by IMW, except to enter and complete transactions, and (b) not to use any such information for purposes of solicitation, sending unsolicited email or spamming, harassment, or other conduct IMW deems unacceptable or objectionable.
Consequently,IMW takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL IMW OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER IMW WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Conditions of Sale and Payment
All payments must be made by credit cards (VISA, MasterCard, American Express and Discover Network), debit cards, or other payment method specified by IMW in its sole discretion. Your credit card will be authorized for the entire order amount immediately upon your placement of the order, and will be charged immediately upon IMW’s receipt of shipment confirmation by the seller. You hereby authorize IMW to charge your credit card accounts for any amount that you may owe IMW or the seller. In addition, IMW may also set off any amounts that you owe to IMW or the seller against any amounts owed to you by IMW or the seller. IN FACILITATING YOUR PAYMENT TO THE SELLER, IMW DOES NOT PROVIDE YOUR CREDIT CARD INFORMATION TO THE SELLER.
Taxes
You agree that you and seller are responsible for determining the amount of sales, use or other taxes that you may owe as a result of your Marketplace purchase. Seller is responsible to collect, report and remit any sales, use or other taxes required under applicable law. You agree (a) that IMW has no responsibility to collect, report or remit sales, use or any other applicable taxes in connection with your purchase, and (b) to fully indemnify, defend and hold IMW harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing. Without limiting the generality of the foregoing.
Changing or Cancelling Marketplace Orders
Once you have placed an order for a product in the Marketplace, seller will be handling all aspects of the order process. IMW will not change or cancel any order made by you, including any change to shipping or billing information. You will need to contact the seller for any changes or cancellations that you wish to make to your order. The seller’s contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order.
Marketplace Customer Service
Other than to verify that payment to the seller through your My Account was completed, IMW does not provide any customer support for any purchase you make through the marketplace, and you agree that IMW is not responsible to provide any such support. If you have any questions about the product you purchased or your shipment you must contact the seller of your product directly for any customer support that you need. The seller’s contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order.
Returns are solely at the discretion of the seller, and are not warranted in any manner whatsoever.
Marketplace Feedback
You agree that feedback you provide concerning Marketplace sellers will be truthful and accurate. You agree that you will not use profanity, vulgar expressions, or any obscenity in your feedback comments. You agree that you will not provide any feedback that could be considered defamatory or that violates the privacy, intellectual property, or other rights of any third party. You agree that IMW may publicly post your feedback without any payment or other obligation to you. You agree that IMW may edit your feedback in any way that IMW sees fit and that IMW may remove your feedback at any time. Once you have submitted feedback, it may not be altered by you.
Use of Marketplace
You hereby represent and warrant that your use of the Marketplace will comply with applicable laws, ordinances and regulations. IMW may exclude any buyer, including you, from making purchases in the Marketplace at any time and for any reason. Resellers may not purchase products on IMW and IMW reserves the right, at its sole discretion, to cancel such purchase.
Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. “LIST PRICE” is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because the products on IMW.com are sold over the internet on a national basis, it is not possible to know if the products are sold at list price in any particular location or at any particular time. “YOU SAVE” reflects the difference between our price and the supplier provided list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and you may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
Content; Copyright and Trademark Notice.
All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to IMW, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without IMW’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and IMW reserves all rights not expressly granted hereunder. IMW expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site. IMW are registered trademarks, trademarks or service marks of IMW Commerce LLC or its affiliates. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of IMW Commerce LLC or its affiliates. All other trademarks or service marks are property of their respective owners. The use of any IMW trademark or service mark without IMW express written consent is strictly prohibited.
Policy to Terminate Privileges for Copyright Infringement.
Pursuant to 17 U.S.C. §512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), IMW will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to IMW and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, IMW will terminate the infringing customer’s account. IMW may also in its sole discretion decide to terminate a customer’s account privileges prior to that time if it has a good faith belief that such unlawful infringement has in fact occurred. In addition, pursuant to 17 U.S.C. §512(c), IMW, as an Internet “Service Provider” thereunder, has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. IMW respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the IMW website, then please contact “Legal Department”, via facsimile at (949) 389-2800, e-mailat:
Email: indiamobilewarehouse@gmail.com
Indemnity
You agree to indemnify, defend and hold harmless IMW and its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of any provision of this Marketplace Buyer Agreement, or your violation of any law, regulation or third-party right.
RELEASE
IN THE EVENT OF A DISPUTE OR CLAIM REGARDING ANY ORDER OR PURCHASE MADE THROUGH THE MARKETPLACE, OR BETWEEN YOU AND A SELLER OR OTHER THIRD PARTY RELATED TO ANY ORDER OR PURCHASE MADE THROUGH THE MARKETPLACE, YOU HEREBY RELEASE IMW AND ITS PARENTS, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SELLERS, DISTRIBUTORS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES FROM ALL CLAIMS, DAMAGES OR DEMANDS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE OR CLAIM.
YOU ACKNOWLEDGE THAT YOU MAY DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE WHICH YOU NOW KNOW OR BELIEVE TO BE TRUE AND THAT THIS RELEASE SHALL BE AND REMAIN EFFECTIVE IN ALL RESPECTS EVEN IF YOU DISCOVER NEW OR ADDITIONAL FACTS AFTER YOU EXECUTE THIS AGREEMENT. YOU EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS CONFERRED UPON YOU BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH [YOU] DO NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR [RELEASEES]” WARRANTY DISCLAIMER. THE IMW MARKETPLACE AND ANY RELATED PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED ”AS IS.“ IMW EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE IMW MARKETPLACE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
LIMITATION OF LIABILITY
THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE IMW MARKETPLACE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE MARKETPLACE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL IMW OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS MARKETPLACE BUYER AGREEMENT, YOUR USE OF THE R MARKETPLACE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, AND/OR CONTENT OBTAINED THROUGH THE MARKETPLACE, ANY DELAY OR INABILITY TO USE THE IMW MARKETPLACE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE IMW MARKETPLACE, OR OTHERWISE ARISING OUT OF THE USE OF THE IMW MARKETPLACE OR THE IMW SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF IMW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS MARKETPLACE BUYER AGREEMENT, THE MAXIMUM LIABILITY THAT IMW SHALL HAVE IS LIMITED TO ANY COMMISSIONS ACTUALY RECEIVED BY IMW IN CONNECTION WITH ANY PURCHASES MADE BY YOU FROM A SELLER THROUGH THE MARKETPLACE. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF IMW. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS MARKETPLACE BUYER AGREEMENT) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Governing Law & Arbitration
The laws of the USVI will govern all transactions and occurrences from IMW.
