Terms and Conditions

At Vertu we aspire to create the extraordinary and deliver products that are of exceptional quality. Our website is made user-friendly to ensure that the customers can easily go through the various products and check out all the details. All the information related to the products and services made available on our website is for the use of the buyer and visitors and relies on the acceptance of the terms of service, policies mentioned ahead.

The terms of service mentioned apply to all, those who visit our website and to those who make purchases from us. As mentioned, these terms of service  will apply to all users of the website including surfers, browsers, vendors, customers, merchants and content contributors.

We request the users to the website to carefully study the terms of service before using the website. When you use our website or any part of it, you concur with the terms of service. In case you do not conform to all the terms of service, you will not be able to access the website or engage in its services. If the terms of service are deemed to be an offer, acceptance is explicitly restricted to the terms of service.

These terms of service will apply to any new functionality or tool supplementary to the existing store. The user will be able to examine the recent version of terms of service at any time on this particular page. Through posting updates and/ or changes to our website, we retain the right to change, update or even replace any part in terms of service. It is your responsibility as a user to review this page on a recurrent basis for any changes or updates. Your resumed usage or access to the website after the posting of any changes or updates implies acceptance of these changes.

• Terms and Conditions of the Online Store

When you agree to the terms of service, you verify that you are at least the legal age of majority in your particular state or province of residence, or that you are the legal age of majority in your particular state or province of residence and you have given us your permission to allow any of your minor dependents to use this website.

You may not use any of our merchandise for criminal or unauthorised purposes. Neither would you, within the use of the service, breach any laws in your jurisdiction (including but not limited to copyright laws).

You must not pass on any harmful code such as worms, virus or other malicious software. Your services would be terminated with immediate effect upon the violation or breach of any of the terms.

• Overall Conditions

Regardless of the reason, we have the right to deny service to anyone at any time.

You acknowledge that your content (excluding credit card information) may be transmitted in an unencrypted format and that this may include (a) transmissions across a variety of networks, and (b) alterations to meet the technical requirements of the networks or devices to which your content is connected. In order to protect the privacy of your credit card information, it is always encrypted before being sent over the internet.

You undertake not to replicate, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the service is offered, without acquiring our express written permission.

The headings in this agreement are only for the purpose of organisation and have no bearing on the terms of this agreement.

• Accuracy, Completeness and Updates

We will not be held liable if the information provided on this website is incorrect, incomplete, or out-of-date. You should not use the information on this site as the sole basis for making decisions without accessing primary, more accurate, more complete, or more timely sources of information. Relying on the website’s materials is entirely at your own risk.

Certain information on this site may be considered historical. Historical information, by definition, is out-of-date and is given solely for informational purposes. While we reserve the right to make changes to the information on this site at any time, we are under no responsibility to keep it current. You acknowledge that it is your obligation to monitor any updates to our site if you use this service.

• Modification in the Pricing and Services

The prices of our merchandise may change anytime without prior notice.

We preserve the right to change or stop the service (or parts of it) at any time without any prior notice.

In the event of any sort of modification, pricing change, suspension, or discontinuance of the Service will not subject us to any liability to you or any third person.

• Products or Service (if applicable)

Some goods or services can be found online through the website exclusively. There may be a limited number of these products or services available, and you can return or exchange them only in accordance with our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the online store. We can’t promise that the colours you see on your computer monitor are going to be accurate.

We do reserve the right, but are under no obligation, to restrict the sales of our products or services to any one person, geographic region, or jurisdiction. Depending on the situation, we may choose to exercise this option. We preserve the right to limit the quantities of goods and services we offer. We also reserve the right to alter any and all product descriptions or pricing at any time without prior notice and without liability to you. At any time, we have the right to stop offering any product for any reason. If an offer is made for a product or service on this website, that offer is void where prohibited by law.

We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by the customer will meet the expectations, or that any errors in the Service will be corrected.

• Accuracy of Billing and Account Information

We do have the right to refuse any order you place with us at any time. We reserve the right to limit or cancel quantities purchased per person, per household, or per order at our sole discretion. Orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address may be restricted. As a result, in the event that your order is changed or cancelled, we shall attempt to notify you by contacting your billing and/or shipping address/phone number provided when your order was placed. We also preserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors in our sole judgement.

Whenever you make a purchase from our store, you agree to provide current, complete, and accurate account and payment information. You also agree to promptly update your account and other information, such as your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as and when needed.

Please take a look at our Return and Replacement Policy for additional information.

• Additional Tools

We may grant you access to third-party tools over which we have no supervision, control, or input at any point in time.

You acknowledge and agree that we provide access to these tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We will not be held responsible in any way for your use of optional third-party software.

Under the situation where you use optional tools offered through the site, such use will be at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which third-party providers provide tools (s).

New services and/or features may be provided in the future via the website, as well (including, the release of new tools and resources). These Terms of Service will apply to new features and services as well.

• Third-Party Links

Third-party materials may be used in some of the content, products, and services available through our Service.

Links to third-party websites may take you away from this site and take you to ones with which we have no affiliation. In addition, we disclaim any responsibility for examining or evaluating the content or accuracy of any third-party materials or websites or for any other third-party materials, products or services.

We are not responsible for any harm or damages resulting from the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Before entering into any transaction, please review the policies and practises of the third party to ensure that you are familiar with them. Any questions, complaints, concerns, claims concerning the third-party company should be handled by the third-party.

• User Comment, Feedback and Submissions of other Kinds

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.We have no obligation, and never will have, to keep any comments confidential, to compensate anyone for any comments, or to reply to any comments.

It is possible for us to monitor, but not mandatory to edit or remove content that we determine is unlawful, offensive, threatening, libellous or defamatory, pornographic or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

When making a comment, you agree that your words will not infringe on the rights of the person who is the subject of the blog post. Furthermore, this means that your comments will not contain anything unlawful, abusive, or obscene, and that they will be free of computer viruses and other malware that could impair the proper working of this website or other websites linked to it. In order to avoid detection, do not post anonymous comments or post anonymous comments using a false e-mail address. For all comments you make, you will be solely responsible, as is the accuracy of the information contained therein. We disclaim all responsibility and liability for any comments made by you or any third party.

• Personal Information

Our Privacy Policy governs the submission of personal information through the store by you. To view our Privacy Policy.

• Errors, Inaccuracies and Other Omissions

There may be typographical errors, inaccuracies, or omissions in the Service or on our website that relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. There is no such guarantee that information in the Service or on any associated website will be accurate at any given time without prior notice to you. We reserve the right to make any changes or updates without notice and also to correct any errors, inaccuracies or omissions (including after you have submitted your order).

Except those required by the law, we make no commitment to update, amend, or clarify information in the Service or on any associated website, including, without limitation, pricing information. If no update or refresh date is specified in the Service or on any associated website, it should be assumed that all information in the Service or on any associated website has not been modified or updated.

• Prohibited Uses

Supplementary to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. If you violate any of the prohibited uses, we reserve the right to terminate your access to the Service and any associated websites.

• Disclaimer of Warranties; Limitations of Liabilities

You agree that we may, from time to time, remove the service for an indefinite period of time or cancel the service at any time without providing notice to you.

You understand and agree that your use of the service, or inability to use the service, is at your own risk. Except as explicitly stated by us, the service and all products and services delivered to you through the service are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

Neither Vertu Mobile nor our directors , officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent as permitted by law.

• Indemnification

You agree to indemnify, defend and hold harmless Vertu Mobile as well as our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

• Severability

Under the situation where any provision of these Terms of Service is found to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such a determination shall have no effect on the validity and enforceability of any other provisions remaining.

• Termination

The obligations and liabilities of the parties incurred prior to the termination date will continue in full force and effect even after the agreement has been terminated.

They will remain in effect until they are terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our website.

At our sole discretion we may terminate this agreement immediately and without notice if you fail to comply with any of these Terms of Service terms or we suspect you have failed to do so. You will remain liable for all sums due up until and including the date on which this agreement is terminated (or any part thereof).

• Entire Agreement

Under the situation where we fail to exercise or enforce any right or provision of these Terms of Service, this shall not be construed as a waiver of those rights or provisions.

These Terms of Service and any policies or operating rules we post on this site or in relation to The Service constitute the entire agreement and understanding between us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any discrepancies in the interpretation of these Terms of Service shall not be regarded against the drafting party.

• Governing Law

These Terms of Service and any other separate agreements whereby we provide you Services are governed and construed in accordance with the laws of the country.

• Changes to Terms of Service

This page always contains the most recent version of the Terms of Service available for your review.

We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion by posting updates and changes to our website. It is your responsibility to check our website for updates on a regular basis. Any changes to these Terms of Service will be effective immediately upon posting and will apply to all future use of our website or service.

• Contact Information

If you have any questions about these Terms of Service, please contact us at support@vertumobile.in