Thank you for reading these MobileExchanger! Terms and conditions, please read them carefully before using MobileExchanger! site and services. Through the MobileExchanger! website www.MobileExchanger.com (the "Site") and via other means, provides a marketplace and platform for consumers and organizations to sell or buy their used, unwanted and other items, and conduct other transactions and activities, with third-party companies and other entities and persons (the "Third Parties"). The MobileExchanger! market place, platform, and related functionality, whether provided through the Site or through other means, are collectively referred to as the services (the "Services"). By using the Site and Services, you agree to be bound by these Terms & Conditions. If you do not agree with any part of these Terms & Conditions, you must not use the Site or Services. Your continued use of the Site or Services will constitute your acceptance of these Terms & Conditions, as they may be modified by MobileExchanger! from time to time, with or without notice to you. Please check this page regularly for updates to the MobileExchanger!Terms & Conditions.
1. MobileExchanger! is a Recommerce market place venue
MobileExchanger! acts as a venue to allow userswho comply with MobileExchanger!'s policies to sell or buy certain goods. MobileExchanger! may or may not be directly involved in the transaction between buyers and sellers. As a result, and as described below in Section 4, MobileExchanger! cannot control any aspect of your sales and transactions with Third Parties and the Third Parties are solely responsible to you for all aspects of your sales and transactions with them.
2. Permitted Use and Compliance with Laws.
MobileExchanger! authorizes you to access, view and use the Site content and software (collectively, the "MobileExchanger! Property") solely to the extent necessary for you to use the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on the MobileExchanger! Property. You may not engage in systematic retrieval of data or other content from the MobileExchanger! Property. Except as expressly permitted by these Terms & Conditions, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Mobile Exchanger Property, or any portion of the MobileExchanger! Property, is strictly prohibited without the prior written permission of MobileExchanger!.
You agree that you will comply with all applicable laws, regulations and ordinances relating to the Site and Services, the MobileExchanger! Property or your use of them, and that in using the Site and Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
3. Copyright and trademarks
Except as otherwise indicated, all materials in the Site, including without limitation the MobileExchanger! logo and other MobileExchanger! trademarks and service marks, are the property of MobileExchanger! and/or its affiliates or licensors, includingthe Third Parties, and are protected by international copyright and trademark laws, all rights reserved.
4. MobileExchanger! Services and Third Party Services and Sites
The information and materials provided in the Site and through the Services are intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to MobileExchanger!’s Services. MobileExchanger! presents information from Third Parties through the MobileExchanger! Site and Services, including prices offered for your items, item descriptions, certain Third Party terms of service, and other information ("Third Party Information"). MobileExchanger! cannot control, and is not responsible for the accuracy of any Third Party Information.
You conduct your actual sales and other transactions directly with the Third Parties and, unless otherwise specifically and clearly indicated, not with MobileExchanger!. MobileExchanger! cannot control any aspect of your sales and transactions with Third Parties and the Third Parties are solely responsible to you for all aspects of your sales and transactions with them.
At times, the MobileExchanger! Site may have links to websites hosted by the Third Parties and other entities (the "Additional Sites"), or such Additional Sites may have links to the Site. These links are offered as a convenience and for informational purposes only, not as referrals or endorsements by MobileExchanger! of the Additional Sites. The Additional Sites are maintained by their respective organizations, and those organizations are solely responsible for the content of their own websites. MobileExchanger! does not verify nor make any warranty or representation about the content, accuracy, opinions expressed, warranties, products or services, intellectual property compliance, or links of such Additional Sites. You should read the privacy policies and Terms & Conditions agreements of all Additional Sites.
5. Privacy and Passwords
a. Registration and Basic Membership Terms: Members are visitors to the site and or those using the Services that choose to register with MobileExchanger! ("Members"). Once registered, an account is created for each Member ("Account"). If you choose to register as a Member, you represent and warrant to us that:
(i) you are of legal age to form a binding contract;
(ii) you will provide us with accurate, current and complete registration and contact information, and keep your information updated; and
(iii) your registration and your use of the Services are not prohibited by law.
We reserve the right to suspend or terminate your Membership, or your access to the Site and or Services, in the event that you breach any of the Terms & Conditions or other applicable MobileExchanger! policies.
b. Password and Account Security: In connection with your Account, you will create a Password and a User ID; you are responsible for keeping your Password secure, and you are responsible for all actions taken using your Password.
c. Age: To create an Account or to otherwise use this Website, you must be at least eighteen (18) years old or the age of majority in your state or province of residence, whichever is greater.
7. Inactive Accounts.
a. Inactive Status: A Member's Account may be set to inactive if there is no activity associated with that Account for 180 days.
Warranty Exclusions and Limitations of Liability.
We warrant that the Services and MobileExchanger! Property will conform substantially to the descriptions set forth on the Site. In the event of any breach of this warranty, the Customer's sole and exclusive remedy, and MobileExchanger!’s sole and exclusive liability, shall be (at MobileExchanger!’s option) to provide remedy for the failure or to refund the monetary amount paid for the services by the Customer, if any. Except as set forth in the foregoing sentence, we make no representations or warranties of any kind regarding the Services or the MobileExchanger! Property.
we expressly disclaim any and all warranties, whether express or implied, including: all warranties of merchantability, fitness for a particular purpose, title, noninfringement, and any and all warranties arising from course of dealing and usage of trade; that the services and mobileexchanger! property will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error, as to the results that may be obtained from the operation, use or other exploitation of the services or MobileExchanger! property, and as to the accuracy or reliability of any information obtained from the services or the mobileexchanger! property. No advice or information, whether oral or written, obtained not expressly has been stated herein.
under no circumstances you will be entitled to recover from us any incidental, consequential, indirect, punitive or special damages (including damages for loss of business, loss of profits or loss of use), whether based on contract, tort (including negligence), or otherwise arising from or relating to the services or mobileexchanger! property, even if mobileexchanger! has been informed or should have known of the possibility of such damages. in any event, mobileexchanger!’s maximum aggregate liability for any and all damages arising from the services or the mobileexchanger! property shall be a refund of the amount paid by you to us, if any. some jurisdictions do not allow the limitation or exclusion of warranties or of liability, so some of the above limitations or exclusions may not apply to you.
Customer agrees to indemnify and hold MobileExchanger!, our affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of Services, (ii) your violation of these Terms & Conditions, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. MobileExchanger! reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of MobileExchanger!. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. Applicable Law, Jurisdiction, Compliance.
You and MobileExchanger! agree that all matters arising from or relating to the use and operation of the Site and/or the Services will be governed by the substantive laws of Republic of India, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Site and/or the Services will be heard and resolved in the courts located in Surat. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
11. Miscellaneous Provisions.
No delay or omission by us in exercising any of our rights occurring upon any non-compliance or default by you with respect to any of these Terms & Conditions will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in these Terms & Conditions, ‘including’ means ‘including’ but not ‘limited to’. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then these Terms & Conditions will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these Terms & Conditions set forth the entire agreement between you and MobileExchanger!; regarding its subject matter and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of these Terms & Conditions constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
12. Information Collection, Use, and Sharing
By submitting any MobileExchanger! contact form, you understand that you may be contacted by a MobileExchanger! representative or a representative from the partner you've chosen. You may be contacted via telephone, email, text, or pre-recorded message regarding MobileExchanger! programs, offers, events, announcements, and offers from MobileExchanger!'s third party marketing partners. If you respond to any such offer, your information will be subject to that third party's terms and conditions.
By providing us your phone number, you grant MobileExchanger! permission for the use of text messages, pre-recorded voice or and/or automatic telephone dialling systems to contact you and/or deliver MobileExchanger! related information, offers or announcements. You also agree that MobileExchanger! may attempt to contact you via any telephone number you provide, even if it is a mobile telephone number which may result in charges to you. You can opt out from MobileExchanger! email messaging at any time.
1. Collection of Personally Identifiable Information
We collect personally identifiable information (email address, name, phone number, etc.) from you when you set up an account with MobileExchanger.com. While you can browse some sections of our site without being a registered member, certain activities (such as placing a sell/buy order) do require registration. We do use your contact information to send you offers based on your previous orders and your interests.
2. Use of Demographic and Profile Data
We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect fees owed; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection. In our efforts to continually improve our product and service offerings, we collect and analyze demographic and profile data about our users' activity on our website. We identify and use your IP address to help diagnose problems with our server, and to administer our website. Your IP address is also used to help identify you and to gather broad demographic information. We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). We use this data to tailor your experience at our site, providing you with content that we think you might be interested in--and to display content according to your preferences.
A "cookie" is a small piece of information stored by a Web server on a Web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. MobileExchanger.com places both permanent and temporary cookies in your computer's hard drive. MobileExchanger.com's cookies do not contain any of your personally identifiable information.
Whether you want your web browser to accept cookies or not is up to you. If you haven't changed your computer's settings, most likely your browser already accepts cookies. If you choose to decline cookies, you may not be able to fully experience all features of the website. You can also delete your browser cookies of disable them entirely. But this may significantly impact your experience with our website and may make parts of our website non-functional or inaccessible. We recommend that you leave them turned on.
4. Sharing of personal information
We may share personal information with other corporate entities and affiliates to: help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt-in.
5. Links to Other Sites
Our site links to other websites that may collect personally identifiable information about you. MobileExchanger.com is not responsible for the privacy practices or the content of those linked websites.
6. Security Precautions
Our site has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.
MobileExchanger.com provides all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account. If you are no longer interested in receiving e-mail announcements and other marketing information from us, or you want us to remove any PII that we have collected about you, please e-mail your request to support@MobileExchanger.com
We use third-party service providers to serve ads on our behalf across the Internet and sometimes on this site. They may collect anonymous information about your visits to our website, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major websites. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, email address, or any personally identifying information about the user.
If you would like more information about this practice and to know your choices about not having this anonymous information used by our third party service provider, please click here. You can also read more about online marketing practices and the technologies that support them by visiting the Network Advertising Initiative's website by clicking here
Use of the Website - By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website.
Trademarks - The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.
External links - External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
Warranties - The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.
Disclaimer of liability - The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Conflict of terms - If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Severability - Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Applicable laws (choice of venue and forum) - Use of this website shall in all respects be governed by the laws of Surat regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the courts located in Surat, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
We only accept the delivery of mobile for display purpose and will do the work of intermediary and if any one ask for security amount than will pay the same as security amount to win his/her trust.
We are accepting the Mobile instrument on the condition that "Mobile Exchanger " will not be held responsible for any fraudulent/criminal activity claimed on said instrument. to such instrument being delivered. The sole responsibility of any such act will vest on the owner/person delivering the phone ,As the case may be.