These terms and conditions (Terms) govern your use of our website or Application for web, mobile and handheld devices (Website or App).
The Website or App is owned and operated by COD Online Business Services Pvt Ltd (Cash On Device), a company incorporated under the Companies Act 2013, having its registered office at No 3rd & 4th Floor, Plot No. 7, Sector 44, Gurugram, Haryana 122003.
The terms "user", "you", "your" here under refer to the person downloading, installing and using the website or App. The terms "we", "us", "our" refer to Cash On Device.
Before proceeding to use the website or App, please read these Terms carefully and select the "Accept" option provided below. If you do not agree to these Terms, you will not be able to access or use the Website or App. By selecting the "Accept" option, you signify your acceptance of the Terms (as amended from time to time), and agree to be bound by them for as long as you are using or accessing the Website or App. IF YOU DO NOT SELECT THE "ACCEPT" OPTION YOU WILL NOT BE PERMITTED TO ACCESS OR DOWNLOAD THE WEBSITE OR APP. These Terms may be amended by Cash On Device from time to time. Your continued use of the Website or App shall be considered your acceptance to such revised terms.
1. SERVICES OVERVIEW
Cash On Device has developed a platform which facilitates the swift selling of used electronic gadgets such as Mobile Phone’s, iPad’s , Tablet’s , Laptop’s & MacBook’s for instant cash at your doorstep. Cash On Device operates and manages a network of Vendor’s who have registered with Cash On Device to purchase the used devices under a mutual signed agreement between Cash On Device and the Vendor. Cash On Device does not directly engage in the sale of electronic gadgets and only facilitates the purchase of electronic gadgets between the Vendor and the customer by providing the technological infrastructure.
Please be informed that the Website or App is a technology platform that will allow you to sell your electronic gadgets to the Vendor’s who will be able to purchase the used gadgets. No sale of electronic gadgets is conducted on or by using the Website or App. Instead, the purchase is concluded between you and the Vendor, upon the Vendor completing pickup of the gadgets to you in exchange for payment.
In no situation the vendor is authorized to meet you at any anonymous location or place or otherwise requests you to travel the other side except the location registered on your Cash On Device Account. The Vendor is solely required to travel at your registered location for the pickup of your device with no additional cost to be borne by you. However you would be requested to provide any of your Govt. provided address proof post inspection & completion of the payment.
2. REGISTRATION & ELIGIBILITY
The use of our Website or App is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you cannot register with us and cannot transact on or use the Website or App. However, you may use the Website or App under the supervision of a parent or legal guardian who agrees to be bound by these Terms. We reserve the right to cancel or refuse your registration and / or refuse to provide you with access to the Website or App if it is brought to our notice or if it is discovered that you cannot form legally binding contracts.
3. ORDERS & PAYMENTS
You can place an order for selling your electronic gadget either through the Website or App or a Call Centre. The Customer support will reach out to you for verification & confirmation and the request will be assigned to a Vendor who is located closest to you.
You can modify or cancel the request on the Website or App or by calling the Call Centre.
The Vendor will pay either spot cash of online transfer for your request during pickup of your device after inspection.
PLEASE DO NOT HAND OVER THE GADGET BEFORE RECIEVEING THE PAYMENT FROM VENDOR. YOU CAN DENY TO HANDOVER THE GADGET IF THE TECNICIAN PROMISES TO YOU FOR LATER PAYMENT.
We as a merchant 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.
The prices displayed in the Website or App may vary from the actual price paid while pickup of your device based on the inspection.
4. LIMITATION OF LIABILITY
You agree and acknowledge that Cash On Device will not be liable for any claims in relation to the purchase of your electronic gadgets by the Vendors, including but not limited to (a) any delay in the pickup of your devices; (b) Price re-quote subject to inspection; (c) any failure of the online transactions or any other similar failure to accept and process payments;
5. USE OF THE WEBSITE OR APP
By using the Website or App, you agree that you will not scrape or attempt to scrape or extract any data available on the Website or App. You also agree that you shall not use the Website or App for any throttling or any other purposes that may impair the performance or functionality of the Website or App.
The Website or App contains copyrighted material, trademarks, proprietary information and other intellectual property owned by Cash On Device or its licensors. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Access to or use of the Website or App does not confer and should not be considered as conferring upon anyone any license to Cash On Device or any third party's intellectual property rights. Any use of the Website or App or its contents without the permission of Cash On Device is prohibited.
6. ACCOUNT SECURITY
You are responsible for all activities and transmissions through your Cash On Device Account. You are solely responsible for maintaining the security and confidentiality of the username and password required to access the Website or App. You must immediately notify Cash On Device of any unauthorized use of your username or password or any other breach of security. Cash On Device will not be liable for any loss or damage arising from your failure to comply with this provision.
7. DISRUPTION OF SERVICES
Cash On Device makes no guarantee as to availability, quality or service levels of the services available on the Website or App or with the Cell Center on a 24x7 basis, or promise uninterrupted access to the Website or App. However, disruption of services may arise due to technical or operational difficulties, and no prior notice of downtime will be given to you in such circumstance.
You hereby agree to keep and hold Cash On Device, its parents, subsidiaries directors, officers, employees and agents, fully indemnified and harmless from and against all claims, proceedings, penalties, damages, losses, actions, costs and expenses arising out of or in relation to the use of the Website or App by you or the your breach of these Terms or violation of any law, rules or regulations.
CASH ON DEVICE PROVIDES THE SERVICES ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE OR APP OR SERVICES. CASH ON DEVICE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE OR APP AND REQUEST FOR ANY SERVICES IS AT YOUR OWN RISK.
By accepting the Terms, you expressly consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, the "Notices") that we provide in connection with your Cash On Device Account and your use of our services. Notices shall include, without limitation, e-mail, in-website or App messages, text messages and in-website chat communications. In addition, Notices may include promotional, marketing, advertising information and recommendations that we believe may be of interest to you ("Promotional Offer(s)"). The terms of these Promotional Offer(s) (the "Promotional Terms") may be clearly stated for each individual Promotional Offers. It is your responsibility to ensure that the Promotional Terms are strictly complied in order for you to avail the Promotional Offer. These Promotional Terms are to be read in conjunction with the Terms. If there is any ambiguity between the Terms and the Promotional Terms, then Terms will prevail. Additionally, you consent to receive autodialed or prerecorded calls and text messages from us at any telephone number that you have provided us. We may place such calls or texts to (i) provide you with services associated with our Website or App; (ii) troubleshoot problems with your Cash On DeviceAccount (iii) resolve disputes; (iv) contact you with offers and promotions; (v) make you aware of any Promotional Offer(s) or (vi) as otherwise necessary to service your account or enforce these Terms, our policies, website or Applicable law, or any other agreement we may have with you.
11. ACCOUNT TERMINATION AND CHANGES
Cash On Device retains, at its sole discretion, the right to terminate or suspend your account including your ability to access the Website or App and all services rendered by Cash On Device generally. Cash On Device shall also have the right to terminate or suspend any promotion program or generally restrict your / User's ability to order on the Website or App at any time.
Cash On Device also reserves the right to suspend accounts or remove credits if we notice any activity that we believe is abusive, fraudulent, in violation of the Cash On Device Terms of Service, Payments Terms of Service or generally in violation of any website or Applicable law. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and website or Appropriate. Account of dealers or commercial users for the purpose of resale will be suspended and, at Cash On Device's discretion, terminated.
Cash On Device also reserves the right to suspend access to the Website or App for specific users, either permanently or temporarily, for any reason whatsoever, including while investigating complaints or alleged violation of these Terms, or for use or attempt to use the Website or App for services other than those Cash On Device offers in these Terms.
Any violation or breach of the Terms may lead to automatic suspension or termination of your account or access to the Website or App by Cash On Device, and we shall not be responsible or liable for any refunds or damages in this regard. The termination of these Terms will not affect any liability that may have arisen under the Terms prior to the date of termination.
13. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by the laws of India and any disputes or proceedings arising hereunder shall be subject to the exclusive jurisdiction of the courts in Bangalore.