I. Introduction

These terms apply to the use of the Infinix India’s Website located at https://www.infinixmobiles.in/ . The website is a property of G-Mobile Devices Private Limited (“Company”). BY CHOOSING TO USE THIS WEBSITE, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS PROVIDED HEREIN. IN THE EVENT, THESE TERMS ARE NOT AGREEABLE TO YOU, DO NOT USE THIS WEBSITE. These terms and conditions may be modified by the Company at its any time at the sole discretion of the Company. Therefore, you are advised to review the Terms of Use from time to time. Continued usage of this Website shall mean acceptance of the modified Terms of Use.

Please note, the Website may contain links to external websites. You understand that the Company may not exercise control over external websites and that your visit to and use of the external websites may be subject to additional terms and conditions.

II. Intellectual property notice

All content contained on the Site, including but not limited to text, graphics, music, videos, animations, trademarks, logos, tables, visual interfaces and computer code (collectively, "Content"), is owned by Company or used by Company with valid authorization. Except as expressly provided in writing in this User Agreement, no Content may be used in any way for any commercial purposes without Company's prior written consent.

You may use information on Company products and services made available by Company for downloading from the Site, provided that you use such information only for non-commercial purpose, make no modifications to any such information, make no additional representations or warranties relating to such information and documents containing such information, and retain Company's legal rights notice.

III. Terms of usage

a. Basis your compliance with the Terms of Use, you are hereby granted the limited personal right, non-exclusive, non-transferable permission to enter and use the Website.

b. You agree to use the Website or the Content for lawful purposes only and may not use the Website or any Content to breach the rights of any entity or individual or for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity.

c. Except as provided in this Terms of Use, you may not use or copy, reproduce, republish, upload, post, transmit, distribute or publicly display the Website, Content or any part thereof without the express consent of the Company.

d. You agree not to circumvent the navigational framework, structure or presentation of the Website or any Content by any means such as deep-linking, framing, spider, algorithm, etc.

e. You agree not to attempt to gain unauthorised access to any portion of the Website or any feature or Content by hacking, password "mining" or any other illegitimate means.

f. You shall not test, scan or probe the Website or any network related to the Website for any vulnerability or breach the security or authentication measures on the Website or network connected to the Website.

g. You agree not to undertake any action which interferes with or attempts to interfere with: (i) the proper working of the Website; or (ii) with any other person’s ability to use the Website; or (iii) any transaction being conducted on the Website.

h. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Company on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

i. You understand that any unauthorised use of the Website or any breach of these Terms of Use shall result in immediate termination of the permission or license to use this Website or access any part thereof.

IV. Use of your account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Account area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes. Should you wish to order products for business purposes, please contact infinix@infinixstore.in The Company reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

V. Privacy

Please review our Privacy Notice at PRIVACY POLICY which also governs your visit to Website, to understand our practices. The personal information / data provided to the Company by you during the course of usage of the Website will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. IF YOU OBJECT TO YOUR INFORMATION BEING TRANSFERRED OR USED, DO NOT USE THE WEBSITE.

VI. Indemnity and release

You shall indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release the Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

VII. Children

Use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use the Website only with the involvement of a parent or guardian.

VIII. Purchase and sale of product

You understand and acknowledge that the Products listed on the Website shall be sold by Om International and that the Company does not play any role in the sale and delivery of the Products. By placing an order, you understand that your personal information shall be shared with Om International for the purpose of fulfilling the order. You should carefully review their privacy policy and other terms and conditions. The Company disclaims any liability due to the acts/ omissions of Om International. Further, please refer to the Terms of Sale for more information.

IX. Liability and disclaimer

The Company disclaims all warranties on the availability, continuity and accessibility of the Website and the Content contained on the Website. The Website and its content are delivered on an "as-is" basis. You assume total responsibility for your use of the Site and any Linked Sites. If you are dissatisfied with all or any portion of the Site, you may stop using all or any portion of the Site.

The Company will not be responsible for any loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and the Company when you commenced using the website.

X. Modifications to the terms of use

The Company reserves the right to make changes to the Website, its policies, and these Terms of Use at any time. You will be subject to the policies and Terms of Use in force at the time that you use the website, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

XI. Events beyond reasonable control

The Company will not be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises due to any cause or reason which is beyond the reasonable control of the Company. This condition does not affect your statutory rights.

XII. Waiver

If you breach these conditions and the Company takes no action, the Company will still be entitled to use its rights and remedies in any other situation where you breach these conditions.

XIII. Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the courts at Delhi.