Telecoms Supermarket India terms of use ("usage terms")

1. GENERAL


1.1 Welcome to Telecoms Supermarket India Website www.TelecomsSupermarket.in ("Website") and/or mobile application ("Mobile Application"), collectively referred to in these Usage Terms as the ("Applications"). 


1.2 The Applications are operated and maintained by Telecoms Supermarket India with the company registration number ("Telecoms Supermarket", “Telecoms Supermarket India”, ”we", "us” or "our"). 


1.3 The term "you" or "yours" refers to the user or viewer of our website/Application. 


1.4 These Usage Terms, along with our Privacy Policy http://www.telecomssupermarket.in/pages/privacy-policy ("Privacy Policy") govern your access to and use of the Applications.


1.5 By accessing or using the Applications you agree to comply by these Usage Terms and the policies outlined in these Usage Terms. If you disagree with any part of these Usage Terms or policies please do not use our Applications.


1.6 Telecoms Supermarket India is not a licensed Telecoms Service Provider. Telecoms Supermarket India provides a system for customers to be able to communicate with a database of Telecom providers online, showing plans of different service. You will be able to search and choose plans and buy service. Payment is directly to your chosen telecom provider. However, once plan is accepted by you, you shall enter into a direct contract with the Telecoms provider for the requested plan for the term. 


1.7 Please note that Telecoms Supermarket India reserves the right to change the Usage Terms at any time and without notice, and it is advised that the Usage Terms and Privacy Policy are printed for future reference and frequently checked.

2. USE OF THE APPLICATIONS


2.1 Telecoms Supermarket India grants you a non-exclusive, non-transferable, limited right and license to install and use the Mobile Application.


2.2 You are authorised to access and use the Applications solely and exclusively for personal use only.


2.3 You are required to register by creating an account with Telecoms Supermarket India before you can use the Applications. You may access the Application and register your details without making a query. 


2.4 You will not use the Applications for any unlawful purpose; in any way that interrupts, damages, impairs or renders the Applications less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services.

3. THE SEARCH PROCESS


3.1 By using the Application you agree that:-

3.1.1 All information and details provided by you to us (including on registration) are true, accurate, and up-to-date in all respects and at all times;

3.1.2 You are legally capable of entering into binding contracts;

3.1.3 You are at least 18 years old. 


3.2 You are required to enter the basic parameters of your Telecom requirements, which we will forward to Telecom providers that we work with ("Telecom service Providers").

3.3 Once you accept a plan from a Telecom provider we will exchange your details with the Telecom provider who may call you to confirm you requirements.


3.4 If during the quote process you wish not to proceed with any plan, you should close the Website or the Mobile Application before confirming. 


3.5 Once you have accepted and confirmed a quote from a Telecom provider we will send you an email to the details you provided upon registration and the telecom provider will be considered "contracted" (a "Contract"). 


3.6 Upon completing a quote you will be also be subject to the terms and conditions of the selected Telecoms provider. 


3.7 If you have problems with the plan/service please contact the Telecoms provider directly.

4. PRICES


4.1 The price provided to you at the time of making a query shall be based upon your requirements or services requested for Pincode or new services as input by you by using the Website/Application.

4.2.1 A request for specific make/model of telephone system or contract term of the contract;

4.2.2 In an event that you require a face to face appointment for respective chosen company to come out and see you before you make a decision, please call us to make that arrangement. 
4.3 You acknowledge that quotes will come from various telecom service providers (Local/National). 
4.4 Telecoms Supermarket India has no input or control over the prices quoted by Telecom providers.

5. PAYMENTS


5.1 You enter into direct contract with the service provider you chose hence you could pay for your ongoing telecoms bills as per your contract terms of service provider. 


5.2 If you elect to pay by card, you as a customer will bear the card charges from your bank.

6. TELECOMS SUPERMARKET PROMISE


6.1 We work hard to get all the best plans or providers for your requirements.

6.2 All Telecom operators will be registered companies and most of them will be TRAI & DOT compliant.

In case of any feedback regarding any company, please email on support@telecomssupermarket.in

7. CANCELLATION POLICY


7.1 By using the Application to make online quotes you agree to the Cancellation Policy set out in this clause 7.


7.2 Quotes must be cancelled immediately by logging out of system if you don’t want to go ahead with plan or telecoms provider. 


7.3 You can cancel after choosing the telecoms provider as well (Before signing a contract) in case of any difference in quotes different from your requirements. 


7.4 Any such cancellation should be fed back to Telecoms Supermarket India immediately or on the feedback form which you will get afterwards.

8. INTELLECTUAL PROPERTY


8.1 You acknowledge that Telecoms Supermarket India and/or third parties own all right, title and interest in and to the Applications including all intellectual property rights therein and thereto.


8.2 Your use of the Applications grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to our software, applications and website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use the Applications in accordance with these Usage Terms. 


8.3 You may print a copy of any screens or confirmation emails on the Applications for your own personal use. You must not use any material for commercial purpose without written consent from Telecoms Supermarket India.

9. LINKS TO AND FROM OTHER WEBSITES


9.1 Our system may contain links to other third party websites that may be of interest ("Affiliates"). If you use these links you leave our Application. You should note that we do not have any control other third party websites. Telecoms Supermarket India does not endorse or make any representation about such third party websites, the material on them, or the results from using them. Furthermore, the information that you provide through such third party websites will not be subject to Telecoms Supermarket India’s Privacy Policy. If you decide to access any of the third party websites you do so entirely at your own risk.

10. DISCLAIMER


10.1 We make a best effort to guarantee that information contained on the Quote/plan is accurate correct but cannot guarantee that it is so. Telecom providers ultimately give the information and if you are in doubt you should confirm directly with the relevant Telecoms provider prior to contract.


10.2 Telecoms Supermarket India may make changes to the material on its Applications, or to the services and prices described in it, at any time without notice. 


10.3 We strive to update our plans but some material on the Applications may be out of date, and Telecoms Supermarket India makes no commitment to update that material. In particular, we do not promise that the information provided by the Telecom providers and displayed on the Quote/plan is correct or up to date.


10.4 Telecoms Supermarket India provides you with access to its Online comparison system and its services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Usage Terms might apply in relation to the Applications and the services that we provide). 


10.5 You are responsible for the security of your mobile that you used to register with Telecoms Supermarket India. Unless Telecoms Supermarket India negligently discloses your password to a third party, Telecoms Supermarket India will not be liable for any unauthorised transaction entered into using your name and password.

11. TELECOMS SUPERMARKET INDIA SUPPORT


11.1 The role of our customer service (B2B) is to assist you with your request but we cannot guarantee the requests will be satisfied. 


11.2 We encourage our users to review Telecom providers and to share their feedback with other users of the Applications.

12. SERVICE ACCESS


12.1 While Telecom providers try to ensure the Online comparison system is normally available twenty four (24) hours a day, we will not be liable if the Applications are unavailable at any time or for any period.


12.2 Access to the online comparison system may be suspended temporarily and without notice. 


12.3 Unfortunately, the transmission of information via the Internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted via the Requirements; any transmission is at your own risk.

13. VISITOR MATERIAL


13.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to the Website via the Comparison/Quoting system will be considered non-confidential and non-proprietary. Telecoms Supermarket India will have no obligation with respect to such material. Telecoms Supermarket India and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes. 


13.2 You are prohibited from posting, uploading or transmitting to or from the Applications any material that:

13.2.1 Breaches any applicable local, national or international law;

13.2.2 Is unlawful or fraudulent;

13.2.3 Amounts to unauthorised advertising; or

13.2.4 Contains viruses or any other harmful programs.

13.3 Any comments or feedback that you submit through the Applications must not:

13.3.1 Contain any defamatory, obscene or offensive material;

13.3.2 Promote violence or discrimination;

13.3.3 Infringe the intellectual property rights of another person;

13.3.4 Breach any legal duty owed to a third party (such as a duty of confidence);

13.3.5 Promote illegal activity or invade another’s privacy;

13.3.6 Give the impression that they originate from us; or

13.3.7 Be used to impersonate another person or to misrepresent your affiliation with another person.


13.4 Any rating given by you for a telecoms provider and is deemed to be malicious or fictitious by Telecoms Supermarket India may be deleted and you may have your account suspended.


13.5 The prohibited acts listed in clauses 13.2 to 13.4 above are non-exhaustive. 


13.6 You will indemnify Telecoms Supermarket India for all costs and damages that it incurs as a result of you breaching any of these restrictions. 


13.7 Telecoms Supermarket India will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of clauses 13.2 to 13.4

14. YOUR OBLIGATIONS


14.1 You agree that:

14.1.1 You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation.

14.1.2 You acknowledge that we have limited control over the nature and content of information transmitted or received by you or other users of Telecoms Supermarket India. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user/telecom company please contact us on support@telecomssupermarket.in.

14.1.3 You will make payment in full to any Telecoms provider introduced to you through Telecoms Supermarket India for any telecoms services provided by such provider to you.

14.1.4 You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Usage Terms.

15. TERMINATION


15.1 Telecoms Supermarket India may terminate or suspend (at our absolute discretion) your right to use the Applications and your use of the services immediately by notifying you in writing (including by email/sms) if:

15.1.1 We believe you have posted material in breach of clause 13;

15.1.2 If you breach any other terms of these Usage Terms. 
15.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Applications.

16. LIABILITY


16.1 Telecoms Supermarket India and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with our services, the Online quote or in connection with the use, inability to use or the results of use of the Online quote, any websites linked to the Online quote or the material on the Online quote. 


16.2 Telecoms Supermarket India customer care team will, subject to your complaint regarding the telecom provider in case of no service for whatsoever reasons with these Usage Terms, However, please note that the legal contract for the supply and purchase of Telecom services is between you and the Telecom provider that you place your order with. Telecoms Supermarket India cannot give any undertaking that the services provided through the Applications will be of satisfactory quality and Telecoms Supermarket India disclaims any such warranties. These disclaimers do not affect your statutory rights against the Telecom provider. 


16.3 Nothing in these Usage Terms excludes or limits our liability for death or personal injury arising from Telecoms Supermarkets negligence, nor Telecoms Supermarkets India liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Usage Terms affects your statutory rights. 


16.4 With the exception of any liability referred to in clause 16.3 above, Telecoms Supermarkets India total liability to you in relation to your use of the Applications and the services that we provide including (but not limited) to liability for breach of these Usage Terms and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or Rs. 500, whichever is the lower.


16.5 If your use of material on the Applications results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs. 


16.6 Telecoms Supermarket India does not accept any liability or responsibility for the actions of any Telecom provider.

17. INDEMNITY - To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Telecoms Supermarket India, its affiliates and their respective directors, officers, employees and agents from any against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or accruing from your use of the Applications, which may include your downloading, installation or use of the Application or your violation of these Usage Terms.

18. GOVERNING LAW AND JURISDICTION - These Usage Terms shall be governed by and construed in accordance with Indian law. Disputes arising in connection with these Usage Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the Indian courts.

19. ADDITIONAL TERMS - 
We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Usage Terms by this reference http://www.telecomssupermarket.in/Privacy-policy.


19.2 If any provision or part of a provision of these Usage Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Usage Terms and the remainder of these Usage Terms will apply as if the offending provision or part provision had never been agreed.


19.3 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Usage Terms will not be interpreted as a waiver of your or our rights or remedies. 


19.4 You may not transfer any of your rights or obligations under these Usage Terms without our prior written consent. We may transfer any of our rights or obligations under these Usage Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to. 


19.5 The headings in these Usage Terms are included for convenience only and shall not affect their interpretation.

20. EVENTS OUTSIDE OUR CONTROL


20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control ("Force Majeure Event"). 
20.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

20.2.1 Strikes, lock-outs or other industrial action;

20.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

20.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

20.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

20.2.5 Impossibility of the use of public or private telecommunications networks; and

20.2.6 The acts, decrees, legislation, regulations or restrictions of any government. 


20.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

ENTIRE AGREEMENT - These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract