The WarrantyMe Application is owned and operated by Oakmont RSM Info Solutions Pvt Ltd Your access to and use of all information and functions on this Application including the services are provided subject to the following terms and conditions.
This application is a compliment to the new system of saving digital invoices/bills of customers Electronic products purchased, this app is customized for the use of retailers as well as the customers.
We reserve the right to amend this Notice at any time and your use of the Application following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that each time you access our Application you read these terms and conditions.
Article 1 - DEFINITIONS
The parties which have been referred to in this agreement are:
a) “WarrantyMe”, Us, And We: “Oakmont RSM Info Solutions Pvt Ltd”, as the creator, operator, and publisher of this Application, operate and owns this Application, through its registered users providing the services which are available to the retailer and Customers as a user. WarrantyMe/Oakmont RSM Info Solutions Pvt Ltd Us, We, Our, Ours and other first-person pronouns will refer to the WarrantyMe/Oakmont RSM Info Solutions Pvt Ltd, as well as all the staff of “WarrantyMe/Oakmont RSM Info Solutions Pvt Ltd”.
b) You, being the Retailer or Customer as a User and the Client will be referred as You, Your, yours, or as User or Client in this agreement
c) The parties to this Agreement (“WarrantyMe/Oakmont RSM Info Solutions Pvt Ltd” and “You”) will be referred to as Parties.
Article 2 - ACCEPTANCE AND DISCLAIMER
By using the WarrantyMe Application you warrant that you have read and reviewed this Agreement and that you are bound by its terms and conditions. If you do not agree to be bound by this Agreement, please hold the use of our Application. “WarrantyMe” only provides use of this Application functions and Services to you if you assent to this Agreement.
Article 3 - LICENCE
a) When you use our Application, we give you a limited licence to access and use the functions of the app for personal use. You are permitted to use this Application for your personal use only provided that you should abide by all the terms and conditions and also do not try to delete or change any copyright symbol, trademark or other proprietary notice and its functions. Your use of our Application in any other way infringes our intellectual property rights.
b) you are not permitted to copy, reproduce, republish, distribute or display the Application without our prior written permission. The licence to access and use the functions and information on our Application does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to Meta tag or mirror our Application without our prior written permission. We reserve the right to serve you with notice if we become aware of mirroring of our Application.
Article 4 - FEES
For every product registered into the application - we charge the retailer, exact charge will be written in the agreement. (This charge is to manage the customers and provide them service through the app) We also raise invoice to the retailer - To collect the charge.
Article 5 - RETAILER APPLICATION
In the retailer application the app is provided to the retailer where they can collect the customers data like Name, Phone number, Email, Pin code, address, and birth date, it uses customers location, and access to camera to upload bills this data is reflected in the customers app which makes it easier for the executives to takes the details of the customer.
Article 6 - RETAILER APP FUNCTIONS
The retailers are provided with a section to upload their business offers, the sales report are displayed using the graphs. Through the app loyalty points can also be captured, using the customer’s mobile number. Coupons are generated in the app for the customers
Article 7 - CUSTOMER APPLICATION
The customer’s products are managed through the app from which the invoice are uploaded and can be accessed through the app, the locations of service centres are provided to track the product health.The FAQ’s, Contact details of the brand are displayed in the app. The brand product rating is provided and it features a direct warranty claim support and assistance.
There is also a chat support, guide for warranty claim which explains the customer how to claim warranty and Checkpoints for warranty
The customer request is forward to the consent brand our app only forward the request and are not responsible for the brand not responding or providing service as the company is a mediator. The customer can also save their data in the app for their personal record
Article 8 - INFORMATION YOU PROVIDE
a) You are responsible for all and any Content you share on our Application. When you provide Content you retain ownership of the intellectual property in that information however you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use (including copy, reproduce, adapt, modify, publish, broadcast, transmit, display and distribute) the Content in any and all media including forms not yet developed.
b) By sharing information on this Application, you provide us with an undertaking that such Content does not infringe the rights of someone else and that it does not violate the law in any other way such as by being defamatory, being of racist content or is threatening. You agree to indemnify and hold us harmless from any liability, claim, action, demand, loss, costs including legal costs on a full indemnity basis and expenses arising out of or in connection with any content you provide. To the extent permitted by law, you release and discharge us from any liability or claim arising out of any loss or damage that may be suffered or incurred as a result of your use of our Application.
Article 9 - INTELLECTUAL PROPERTY RIGHTS
a) The copyright to all content on this Application including applets, graphics, images, layouts and text belongs to us. All trademarks, brands and logos which are used on this Application are owned by us. Your access to our Application does not license you to use those marks in any commercial way without our prior written permission.
b) Any information, comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this Application becomes our property. If in future we use your Comments in promoting our Application or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Article 10 - YOUR CONDUCT
You agree not to use the application its content or Services for any unlawful purpose or any purpose prohibited under the laws and this clause. You further agree not to use the application its content and Services in any way that could damage the Application or its content and Services.
We expects, and you the user not to:
a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights such as privacy and publicity rights of others.
b) Upload data content protected by intellectual property laws (or publicity privacy rights) unless you own or control the rights.
c) Download or infringe any data uploaded by other users.
d) Falsify or delete the author's attribution, or other material contained in the uploaded data.
e) Limit or prevent other users from using and enjoying the application functions and Services.
f) Violate any code of conduct or other guidelines that applies to the use of application.
g) Harvest or collect information about other people, including e-mail addresses, without their consent.
h) Violate any applicable law or regulation.
Article 11 - SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code from or on the Application and infringe its functions or Services;
b) Violate the security of application its content or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Article 12 - DISCLAIMER
a) Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
b) All the product warranty and guarantee are provided by the respective brand and on their sole discretion, we hold no claim concerning the warranty and Guarantee of the product and neither claim nor provide any product services from out end, our app provide only the service to raise a fulty product issue to the concerned brand
c)Though we provide all the functions available in the app but due to technical error any function may not work sometime, we disclaims all warranty that the app will be error free and meets all your expectations. No fees will be charged for the unused function.
d) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our Application is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage caused which arises in connection with your use of our Application.
Article 13 - LIMITATION OF LIABILITY
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from functions and services of the application we have supplied.
Article 14 - INDEMNITY
By accessing our Application, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our Application.
Article 15 - JURISDICTION
a) These terms and conditions are to be governed by and construed in accordance with the laws of India and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Hyderabad India and you agree to submit to the jurisdiction of those Courts.
b) If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Article 16 - PRIVACY
Article 17 - GENERAL PROVISIONS
a) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder by assigned, sold, leased or otherwise transferred by us, our rights and liabilities will bind and inure to any assignees, administrators, successors, and executors.
b) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
c) NO WAIVER: In the event, we fail to enforce any provision of this Agreement; this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
d) RELATIONSHIP: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
e) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
f) COMMUNICATIONS: Both the parties to this agreement can communicate through e-mail. For any questions or concerns, please email us at the following address: firstname.lastname@example.org