Callbok
Terms of Use
This
document is an electronic record in terms of Information Technology Act, 2000
and rules there under as applicable and the amended provisions pertaining to
electronic records in various statutes as amended by the Information Technology
Act, 2000. This electronic record is generated by a inputer system and does not
require any physical or digital signatures.
This
document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and Terms of Use for
access or usage of domain name [www.Callbok.in][www.Callbok.in] (“Website”), including the related mobile site and mobile
application (hereinafter referred to as “Platform”)
The Platform is owned by Callbok India a inpany incorporated
under the GST Act, 2017 with its registered office at 1146, New Tilpat,
Faridabad, Haryana-121003, India and its branch offices at 2nd Floor, Block H,
Near Electronic City, Sector 63, Noida, Gautambuddha Nagar, Uttar Pradesh,
India (hereinafter referred to as "Callbok").
Your use of the Platform and
services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable
policies which are incorporated herein by way of reference. If You transact on
the Platform, You shall be subject to the policies that are applicable to the
Platform for such transaction. By mere use of the Platform, You shall be contracting
with Callbok India and these terms and conditions including the policies
constitute Your binding obligations, with Callbok.
For the purpose of these Terms of
Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed
to beine a buyer on the Platform by providing Registration Data while
registering on the Platform as Registered User using the inputer systems. Callbok
allows the User to surf the Platform or making purchases without registering on
the Platform. The term "We",
"Us", "Our" shall
mean Callbok India.
When You use any of the services provided by Us through the
Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews),
You will be subject to the rules, guidelines, policies, terms, and conditions
applicable to such service, and they shall be deemed to be incorporated into
this Terms of Use and shall be considered as part and parcel of this Terms of
Use. We reserve the right, at Our sole discretion, to change, modify, add or remove
portions of these Terms of Use, at any time without any prior written notice to
You. It is Your responsibility to review these Terms of Use periodically for
updates / changes. Your continued use of the Platform following the posting of
changes will mean that You accept and agree to the revisions. As long as You inply
with these Terms of Use, We grant You a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Platform.
ACCESSING,
BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS
AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE
CAREFULLY BEFORE PROCEEDING. By
impliedly or expressly accepting these Terms of Use, You also accept and agree
to be bound by Callbok Policies ((including but not limited to Privacy Policy
available at Privacy) as amended from time to time.
Membership
Eligibility
Transaction on the Platform is available only to persons who
can form legally binding contracts under Indian Contract Act, 1872. Persons who
are "ininpetent to contract" within the meaning of the Indian
Contract Act, 1872 including un-discharged insolvents etc. are not eligible to
use the Platform. If you are a minor i.e. under the age of 18 years, you may
use the Platform or access content on the Platform only under the supervision
and prior consent/ permission of a parent ormlegal guardian.
As a minor if you wish to transact on the Platform, such
transaction on the Platform may be made by your legal guardian or parents. Callbok
reserves the right to terminate your membership and / or refuse to provide you
with access to the Platform if it is brought to Callbok's notice or if it is
discovered that You are under the age of 18 years and transacting on the
Platform.
Your
Account and Registration Obligations
If You use the Platform, You shall be responsible for
maintaining the confidentiality of your Display Name and Password and You shall
be responsible for all activities that occur under your Display Name and
Password. You agree that if You provide any information that is untrue,
inaccurate, not current or ininplete or We have reasonable grounds to suspect
that such information is untrue, inaccurate, not current or ininplete, or not
in accordance with the this Terms of Use, We shall have the right to
indefinitely suspend or terminate or block access of your membership on the
Platform and refuse to provide You with access to the Platform.
Your mobile phone number and/or e-mail address is treated as
Your primary identifier on the Platform. It is your responsibility to ensure
that Your mobile phone number and your email address is up to date on the
Platform at all times. You agree to notify Us promptly if your mobile phone
number or e-mail address changes by updating the same on the Platform through a
onetime password verification.
You agree that Callbok shall not be liable or responsible
for the activities or consequences of use or misuse of any information that
occurs under your Account in cases, including, where You have failed to update
Your revised mobile phone number and/or e-mail address on the Website Platform.
If You share or allow others to have access to Your account
on the Platform (“Account”), by creating separate profiles under Your Account,
or otherwise, they will be able to view and access Your Account information.
You shall be solely liable and responsible for all the activities undertaken
under Your Account, and any consequences therefrom.
Inmunications
When You use the Platform or send emails or other data,
information or inmunication to us, You agree and understand that You are inmunicating
with Us through electronic records and You consent to receive inmunications via
electronic records from Us periodically and as and when required. We may inmunicate
with you by email or by such other mode of inmunication, electronic or
otherwise.
Platform
for Transaction and Inmunication
The Platform is a platform that Users utilize to meet and
interact with one another for their transactions. Callbok is not and cannot be
a party to or control in any manner any transaction between the Platform's
Users.
Henceforward:
1. All inmercial/contractual terms are offered by and agreed to
between Buyers and Sellers alone. The inmercial/contractual terms include
without limitation price, shipping costs, payment methods, payment terms, date,
period and mode of delivery, warranties related to products and services and
after sales services related to products and services. Callbok does not have
any control or does not determine or advise or in any way involve itself in the
offering or acceptance of such inmercial/contractual terms between the Buyers
and Sellers. All discounts, offers (including exchange offers) are by the
Seller/Brand and not by Callbok.
2. Placement of order by a Buyer with Seller on the Platform is
an offer to buy the product(s) in the order by the Buyer to the Seller and it
shall not be construed as Seller's acceptance of Buyer's offer to buy the
product(s) ordered. The Seller retains the right to cancel any such order
placed by the Buyer, at its sole discretion and the Buyer shall be intimated of
the same by way of an email/SMS. Any transaction price paid by Buyer in case of
such cancellation by Seller, shall be refunded to the Buyer. Further, the
Seller may cancel an order wherein the quantities exceed the typical individual
consumption. This applies both to the number of products ordered within a
single order and the placing of several orders for the same product where the
individual orders inprise a quantity that exceeds the typical individual
consumption. What inprises a typical individual's consumption quantity limit
shall be based on various factors and at the sole discretion of the Seller and
may vary from individual to individual.
3. Callbok does not make any representation or Warranty as to
specifics (such as quality, value, salability, etc) of the products or services
proposed to be sold or offered to be sold or purchased on the Platform. Callbok
does not implicitly or explicitly support or endorse the sale or purchase of
any products or services on the Platform. Callbok accepts no liability for any
errors or omissions, whether on behalf of itself or third parties.
4. Callbok is not responsible for any non-performance or breach
of any contract entered into between Buyers and Sellers. Callbok cannot and
does not guarantee that the concerned Buyers and/or Sellers will perform any
transaction concluded on the Platform. Callbok shall not and is not required to
mediate or resolve any dispute or disagreement between Buyers and Sellers.
5. Callbok does not make any representation or warranty as to
the item-specifics (such as legal title, creditworthiness, identity, etc) of
any of its Users. You are advised to independently verify the bona fides of any
particular User that You choose to deal with on the Platform and use Your best
judgment in that behalf.
6. Callbok does not at any point of time during any transaction
between Buyer and Seller on the Platform ine into or take possession of any of
the products or services offered by Seller nor does it at any point gain title
to or have any rights or claims over the products or services offered by Seller
to Buyer.
7. At no time shall Callbok hold any right, title or interest
over the products nor shall Callbok have any obligations or liabilities in
respect of such contract entered into between Buyers and Sellers. Callbok is
not responsible for unsatisfactory or delayed performance of services or
damages or delays as a result of products which are out of stock, unavailable
or back ordered.
8. The Platform is only a platform that can be utilized by
Users to reach a larger base to buy and sell products or services. Callbok is
only providing a platform for inmunication and it is agreed that the contract
for sale of any of the products or services shall be a strictly bipartite
contract between the Seller and the Buyer.
At no time shall Callbok hold any right, title or interest
over the products nor shall Callbok have any obligations or liabilities in
respect of such contract.
Callbok is not responsible for unsatisfactory or delayed
performance of services or damages or delays as a result of products which are
out of stock, unavailable or back ordered.
Select products offered by sellers may be eligible for
business purchases on the Platform.
1.
Upon Your purchase of product(s) eligible
for business purchases, You may be able to avail the benefits of GST input tax
credit. Accordingly, at your request, an invoice containing the GSTIN as
provided by You ("Tax Invoice") shall be issued to You by the
Seller(s) selling such products.
o
GST invoice will have, inter alia,
the following details printed on it: -GSTIN associated with your registered
business, as provided by you
o
Entity name of your registered
business, as provided by you
o
Not all products are eligible for
business purchases on the Platform and the same is solely at the discretion of
the Sellers. You will be able to view the eligibility of Tax Invoice on the
product page on the Platform.
o
Purchases on the Platform must only
be for end consumption. Users must not use products purchased on the Platform
for any inmercial, promotional, resale or further distribution purposes.
o
For seamless availment of input tax
credit, kindly mention the delivery address as the address which is mentioned
as the registered place of business as per the records of GST authority. Please
note that availment of input tax credit is subject to provisions of GST Act and
rules.
o
The delivery and billing addresses
will be required to be the same, please note that input tax credit will be
denied by GST authority if the delivery address and GSTIN in the GST invoice
are of different states.
o
If GSTIN and/or business entity
details are not provided by You, it will be presumed that it is a personal
purchase and not a business purchase.
o
Callbok is not responsible to verify
the correctness of the GSTIN and/or entity name provided by You and You shall
be entirely responsible to provide the accurate details.
o
Callbok and Seller shall not
entertain any request for any revision in the GST Invoice. Callbok and Seller
shall not be liable for Your default including for reasons associated with
details provided by You.
o
Callbok will not be liable in case
You are not able to avail input tax credit or if input tax credit is denied to
You for any reason whatsoever.
o
You shall be solely liable for all inpliances
required under applicable laws.
o
You agree to indemnify and hold Callbok
and Seller harmless from all losses, claims, costs, expenses, suits,
proceedings, or any other liability including any third-party claims (including
any penalties imposed by governmental authorities) arising out of or in
connection with (1) the GSTIN and/or entity name provided by you or the input
tax credit claimed by you or your use or misuse of the GST Invoice and (2) your
non-inpliance with the applicable laws or (3) your use or misuse of any
third-party’s details including GSTIN.
o
Callbok has the right to not allow
business purchases on the Platform to You if a fraudulent activity is
identified.
o
Seller reserves the right to not
issue Tax Invoice or issue a credit note against an already issued Tax Invoice
to cancel the transaction, if any fraudulent activity is identified.
2.
You shall independently agree upon
the manner and terms and conditions of delivery, payment, insurance etc. with
the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is reflected on the
Platform may due to some technical issue, typographical error or product
information published by seller may be incorrectly reflected and in such an
event seller may cancel such your order(s).
1. You release and indemnify Callbok and/or any of its officers
and representatives from any cost, damage, liability or other consequence of
any of the actions of the Users of the Platform and specifically waive any
claims that you may have in this behalf under any applicable law.
Notwithstanding its reasonable efforts in that behalf, Callbok cannot take
responsibility or control the information provided by other Users which is made
available on the Platform. You may find other User's information to be offensive,
harmful, inconsistent, inaccurate, or deceptive. Please use caution and
practice safe trading when using the Platform.
Please note that there could be risks in dealing with
underage persons or people acting under false pretence.
Charges
Membership on the Platform is free for buyers. Callbok does
not charge any fee for browsing and buying on the Platform. Callbok reserves
the right to change its Fee Policy from time to time. In particular, Callbok
may at its sole discretion introduce new services and modify some or all of the
existing services offered on the Platform. In such an event Callbok reserves
the right to introduce fees for the new services offered or amend/introduce
fees for existing services, as the case may be. Changes to the Fee Policy shall
be posted on the Platform and such changes shall automatically beine effective
immediately after they are posted on the Platform. Unless otherwise stated, all
fees shall be quoted in Indian Rupees. You shall be solely responsible for inpliance
of all applicable laws including those in India for making payments to Callbok
India.
Use
of the Platform
You agree, undertake and confirm that Your use of Platform
shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish,
transmit, update or share any information which:
(a) belongs to another person and to which You does not have
any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner
whatever; or unlawfully threatening or unlawfully harassing including but not
limited to "indecent representation of women" within the meaning of
the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online inmunity, such as
sexually explicit content, or content that promotes obscenity, paedophilia,
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail",
"chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights
[including, but not limited to, intellectual property rights, rights of privacy
(including without limitation unauthorized disclosure of a person's name, email
address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another
person's copyrighted work (see "Copyright inplaint" below for
instructions on how to lodge a inplaint about uploaded copyrighted material),
such as providing pirated inputer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or
hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual,
violent or otherwise inappropriate manner or solicits personal information from
anyone;
(l) provides instructional information about illegal
activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating inputer viruses;
(m) contains video, photographs, or images of another person
(with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope
of authorized access to the Platform or to profiles, blogs, inmunities, account
information, bulletins, friend request, or other areas of the Platform or
solicits passwords or personal identifying information for inmercial or
unlawful purposes from other users;
(o) engages in inmercial activities and/or sales without Our
prior written consent such as contests, sweepstakes, barter, advertising and
pyramid schemes, or the buying or selling of "virtual" products
related to the Platform. Throughout this Terms of Use, Callbok's prior written
consent means a inmunication ining from Callbok's Legal Department, specifically
in response to Your request, and specifically addressing the activity or
conduct for which You seek authorization;
(p) solicits gambling or engages in any gambling activity
which We, in Our sole discretion, believes is or could be construed as being
illegal;
(q) interferes with another USER's use and enjoyment of the
Platform or any other individual's User and enjoyment of similar services;
(r) refers to any Platform or URL that, in Our sole
discretion, contains material that is inappropriate for the Platform or any
other Platform, contains content that would be prohibited or violates the
letter or spirit of these Terms of Use.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other
proprietary rights or third party's trade secrets or rights of publicity or
privacy or shall not be fraudulent or involve the sale of counterfeit or stolen
products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the
origin of such messages or inmunicates any information which is grossly
offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other inputer code,
files or programs designed to interrupt, destroy or limit the functionality of
any inputer resource; or contains any trojan horses, worms, time bombs,
cancelbots, easter eggs or other inputer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or
expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or
sovereignty of India, friendly relations with foreign states, or public order
or causes incitement to the inmission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to
offer, trade or attempt to trade in any item, the dealing of which is
prohibited or restricted in any manner under the provisions of any applicable
law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose
(in whole or in part) the services of Our internet service provider
("ISPs") or other suppliers;
1. You shall not use any "deep-link",
"page-scrape", "robot", "spider" or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Platform or any Content, or in any way reproduce or circumvent the
navigational structure or presentation of the Platform or any Content, to
obtain or attempt to obtain any materials, documents or information through any
means not purposely made available through the Platform. We reserve Our right
to bar any such activity.
2. You shall not attempt to gain unauthorized access to any
portion or feature of the Platform, or any other systems or networks connected
to the Platform or to any server, inputer, network, or to any of the services
offered on or through the Platform, by hacking, password "mining" or
any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of the
Platform or any network connected to the Platform nor breach the security or
authentication measures on the Platform or any network connected to the
Platform. You may not reverse look-up, trace or seek to trace any information
on any other User of or visitor to Platform, or any other customer, including
any account on the Platform not owned by You, to its source, or exploit the
Platform or any service or information made available or offered by or through
the Platform, in any way where the purpose is to reveal any information,
including but not limited to personal identification or information, other than
Your own information, as provided for by the Platform.
4. You shall not make any negative, denigrating or defamatory
statement(s) or inment(s) about Us or the brand name or domain name used by Us
including the terms Callbok, Callbok.in,
or otherwise engage in any conduct or action that might tarnish the image or
reputation, of Callbok or sellers on platform or otherwise tarnish or dilute
any Callbok's trade or service marks, trade name and/or goodwill associated with
such trade or service marks, trade name as may be owned or used by us. You
agree that You will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Platform or Callbok's
systems or networks, or any systems or networks connected to Callbok.
5. You agree not to use any device, software or routine to
interfere or attempt to interfere with the proper working of the Platform or
any transaction being conducted on the Platform, or with any other person's use
of the Platform.
6. You may not forge headers or otherwise manipulate
identifiers in order to disguise the origin of any message or transmittal You
send to Us on or through the Platform or any service offered on or through the
Platform. You may not pretend that You are, or that You represent, someone
else, or impersonate any other individual or entity.
7. You may not use the Platform or any content for any purpose
that is unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity which infringes the
rights of Callbok and / or others.
8. You shall at all times ensure full inpliance with the
applicable provisions of the Information Technology Act, 2000 and rules
thereunder as applicable and as amended from time to time and also all
applicable Domestic laws, rules and regulations (including the provisions of
any applicable Exchange Control Laws or Regulations in Force) and International
Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including,
but not limited to Sales Tax/VAT, Inine Tax, Octroi, Service Tax, Central
Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your
listing, purchase, solicitation of offers to purchase, and sale of products or
services. You shall not engage in any transaction in an item or service, which
is prohibited by the provisions of any applicable law including exchange
control laws or regulations for the time being in force.
9. Solely to enable Us to use the information You supply Us
with, so that we are not violating any rights You might have in Your
Information, You agree to grant Us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers) right to
exercise the copyright, publicity, database rights or any other rights You have
in Your Information, in any media now known or not currently known, with
respect to Your Information. We will only use Your information in accordance
with the Terms of Use and Privacy Policy applicable to use of the Platform.
10. From time to time, You shall be responsible for providing
information relating to the products or services proposed to be sold by You. In
this connection, You undertake that all such information shall be accurate in
all respects. You shall not exaggerate or over emphasize the attributes of such
products or services so as to mislead other Users in any manner.
11. You shall not engage in advertising to, or solicitation of,
other Users of the Platform to buy or sell any products or services, including,
but not limited to, products or services related to that being displayed on the
Platform or related to us. You may not transmit any chain letters or
unsolicited inmercial or junk email to other Users via the Platform. It shall
be a violation of these Terms of Use to use any information obtained from the
Platform in order to harass, abuse, or harm another person, or in order to
contact, advertise to, solicit, or sell to another person other than Us without
Our prior explicit consent. In order to protect Our Users from such advertising
or solicitation, We reserve the right to restrict the number of messages or
emails which a user may send to other Users in any 24-hour period which We
deems appropriate in its sole discretion. You understand that We have the right
at all times to disclose any information (including the identity of the persons
providing information or materials on the Platform) as necessary to satisfy any
law, regulation or valid governmental request. This may include, without
limitation, disclosure of the information in connection with investigation of
alleged illegal activity or solicitation of illegal activity or in response to
a lawful court order or subpoena. In addition, We can (and You hereby expressly
authorize Us to) disclose any information about You to law enforcement or other
government officials, as we, in Our sole discretion, believe necessary or
appropriate in connection with the investigation and/or resolution of possible
crimes, especially those that may involve personal injury.
We reserve the right, but has no obligation, to monitor the
materials posted on the Platform. Callbok shall have the right to remove or
edit any content that in its sole discretion violates, or is alleged to
violate, any applicable law or either the spirit or letter of these Terms of
Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT
OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please
be advised that such Content posted does not necessarily reflect Callbok views.
In no event shall Callbok assume or have any responsibility or liability for
any Content posted or for any claims, damages or losses resulting from use of
Content and/or appearance of Content on the Platform. You hereby represent and
warrant that You have all necessary rights in and to all Content which You
provide and all information it contains and that such Content shall not
infringe any proprietary or other rights of third parties or contain any
libellous, tortious, or otherwise unlawful information.
1. Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the Platform,
including payment and delivery of related products or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between You and such advertiser. We shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Platform.
2. It is possible that other users (including unauthorized
users or "hackers") may post or transmit offensive or obscene
materials on the Platform and that You may be involuntarily exposed to such
offensive and obscene materials. It also is possible for others to obtain
personal information about You due to your use of the Platform, and that the
recipient may use such information to harass or injure You. We does not approve
of such unauthorized uses, but by using the Platform You acknowledge and agree
that We are not responsible for the use of any personal information that You
publicly disclose or share with others on the Platform. Please carefully select
the type of information that You publicly disclose or share with others on the
Platform.
3. Callbok shall have all the rights to take necessary action
and claim damages that may occur due to your involvement/participation in any
way on your own or through group/s of people, intentionally or unintentionally
in DoS/DDoS (Distributed Denial of Services).
4. If you choose to browse or transact on the Platform using
the voice inmand-based shopping
feature, you acknowledge that Callbok and/or its affiliates will collect, store
and use your voice inputs on this feature to customize your experience and
provide additional functionality as well as to improve Callbok’s and/or its
affiliates’ products and services. Callbok’s and/or its affiliates’ use of your
voice data will be in accordance with the Callbok Privacy Policy. You accept
that your use of this feature is restricted to the territory of the Republic of
India. This feature may not be accessible on certain devices and requires an
internet connection. Callbok reserves the right to change, enhance, suspend, or
discontinue this feature, or any part of it, at any time without notice to you.
Your continued use of this feature constitutes your acceptance of the terms
related to this feature.
5.
You acknowledge and agree that the
Hindi, Telugu, Tamil, Kannada and Marathi, Bengali, Gujarati , Odia, Malayalam,
Punjabi & Assamese translation features are made available on the Platform
on a reasonable effort basis for convenience only, without any representation
or warranties by Callbok, express or implied, including the translations being
error free, their accuracy, inpleteness or reliability. Under the translation
feature, You will have the option to adding delivery addresses in the language
selected by You out of the featured languages. Such delivery addresses shall be
transliterated in English language for processing, handling and fulfilling Your
orders on the Platform. Callbok expressly disclaims any liability of any nature
whatsoever arising from or related to the said translation/transliteration
features on the Platform. Some features and sections on the Platform may not be
translated in the language selected by You [Hindi, Telugu, Tamil, Kannada,
Marathi, Bengali, Gujarati, Odia, Malayalam, Punjabi & Assamese language,
as applicable], and the English version of the same will be the definitive
version. In the event of any conflict or inconsistency between the translated
terms and the English version available on the Platform, the English version on
the Platform shall prevail. This feature may not be accessible on certain
devices. Callbok reserves the right to change, enhance, suspend, or discontinue
this feature, or any part of it, at any time without notice to You.
Contents
Posted on Platform
All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music and artwork (collectively,
"Content"), is a third party user generated content and Callbok has
no control over such third party user generated content as Callbok is merely an
intermediary for the purposes of this Terms of Use.
Except as expressly provided in these Terms of Use, no part
of the Platform and no Content may be copied, reproduced, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted or
distributed in any way (including "mirroring") to any other inputer,
server, Platform or other medium for publication or distribution or for any inmercial
enterprise, without Callbok's express prior written consent.
You may use information on the products and services
purposely made available on the Platform for downloading, provided that You (1)
do not remove any proprietary notice language in all copies of such documents,
(2) use such information only for your personal, non-inmercial informational
purpose and do not copy or post such information on any networked inputer or
broadcast it in any media, (3) make no modifications to any such information,
and (4) do not make any additional representations or warranties relating to
such documents.
You shall be responsible for any notes, messages, emails,
reviews, ratings, billboard postings, photos, drawings, profiles, opinions,
ideas, images, videos, audio files or other materials or information posted or
transmitted to the Platform (collectively, "Content"). Such Content
will beine Our property and You grant Us the worldwide, perpetual and
transferable rights in such Content. We shall be entitled to, consistent with
Our Privacy Policy as adopted in accordance with applicable law, use the
Content or any of its elements for any type of use forever, including but not
limited to promotional and advertising purposes and in any media whether now
known or hereafter devised, including the creation of derivative works that may
include the Content You provide. You agree that any Content You post may be
used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as
mentioned herein, and You are not entitled to any payment or other inpensation
for such use.
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR
SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT
OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN.
PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE
ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
Privacy
We view protection of Your privacy as a very important principle.
We understand clearly that You and Your Personal Information is one of Our most
important assets. We store and process Your Information including any sensitive
financial information collected (as defined under the Information Technology
Act, 2000), if any, on inputers that may be protected by physical as well as
reasonable technological security measures and procedures in accordance with
Information Technology Act 2000 and Rules there under.Our current Privacy
Policy is available at Privacy. Our current Privacy Policy is available at
Privacy. f You object to Your Information being transferred or used in this way
please do not use Platform. If You object to Your Information being transferred
or used in this way please do not use Platform.
We may share personal information with our other corporate
entities and affiliates. These entities and affiliatesmay market to you as a
result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This
disclosure may be required for us to provide youaccess to our Services, to inply
with our legal obligations, to enforce our User Agreement, to facilitate our
marketing and advertising activities, or to prevent, detect, mitigate, and
investigate fraudulent or illegal activities related to our Services. We do not
disclose your personal information to third parties for their marketing and
advertising purposes without your explicit consent.
We may disclose personal information if required to do so by
law or in the good faith belief that such disclosure is reasonably necessary to
respond to subpoenas, court orders, or other legal process. We may disclose
personal information to law enforcement offices, third party rights owners, or
others in the good faith belief that such disclosure is reasonably necessary
to: enforce our Terms or Privacy Policy; respond to claims that an
advertisement, posting or other content violates the rights of a third party;
or protect the rights, property or personal safety of our users or the general
public.
We and our affiliates will share / sell some or all of your
personal information with another business entity should we (or our assets)
plan to merge with, or be acquired by that business entity, or re-organization,
amalgamation, restructuring of business. Should such a transaction occur that
other business entity (or the new inbined entity) will be required to follow
this privacy policy with respect to your personal information.
Disclaimer
of Warranties and Liability
This Platform, all the materials and products (including but
not limited to software) and services, included on or otherwise made available
to You through this site are provided on "as is" and "as
available" basis without any representation or warranties, express or
implied except otherwise specified in writing. Without prejudice to the
forgoing paragraph, Callbok does not warrant that:
This Platform will be constantly available, or available at
all; or
The information on this Platform is inplete, true, accurate
or non-misleading.
Callbok will not be liable to You in any way or in relation
to the Contents of, or use of, or otherwise in connection with, the Platform. Callbok
does not warrant that this site; information, Content, materials, product
(including software) or services included on or otherwise made available to You
through the Platform; their servers; or electronic inmunication sent from Us
are free of viruses or other harmful inponents.
Nothing on Platform constitutes, or is meant to constitute,
advice of any kind. All the Products sold on Platform are governed by different
state laws and if Seller is unable to deliver such Products due to implications
of different state laws, Seller will return or will give credit for the amount
(if any) received in advance by Seller from the sale of such Product that could
not be delivered to You.
You will be required to enter a valid phone number while
placing an order on the Platform. By registering Your phone number with us, You
consent to be contacted by Us via phone calls, SMS notifications, mobile
applications and/or any other electronic mode of inmunication in case of any
order or shipment or delivery related updates.
Selling
As a registered seller, you are allowed to list item(s) for
sale on the Platform in accordance with the Policies which are incorporated by
way of reference in this Terms of Use. You must be legally able to sell the
item(s) you list for sale on our Platform. You must ensure that the listed
items do not infringe upon the intellectual property, trade secret or other proprietary
rights or rights of publicity or privacy rights of third parties. Listings may
only include text descriptions, graphics and pictures that describe your item
for sale. All listed items must be listed in an appropriate category on the
Platform. All listed items must be kept in stock for successful fulfilment of
sales.
The listing description of the item must not be misleading
and must describe actual condition of the product. If the item description does
not match the actual condition of the item, you agree to refund any amounts
that you may have received from the Buyer. You agree not to list a single
product in multiple quantities across various categories on the Platform. Callbok
reserves the right to delete such multiple listings of the same product listed
by you in various categories.
Services
Payment
While availing any of the payment method/s available on the
Platform, we will not be responsible or assume any liability, whatsoever in
respect of any loss or damage arising directly or indirectly to You due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and
between "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s
All payments made against the purchases/services on Platform
by you shall be inpulsorily in Indian Rupees acceptable in the Republic of
India. Platform will not facilitate transaction with respect to any other form
of currency with respect to the purchases made on Platform.
Before shipping / delivering your order to you, Seller may
request you to provide supporting documents (including but not limited to Govt.
issued ID and address proof) to establish the ownership of the payment
instrument used by you for your purchase. This is done in the interest of
providing a safe online shopping environment to Our Users.
Further:
1. Transactions, Transaction Price and all inmercial terms such
as Delivery, Dispatch of products and/or services are as per principal to
principal bipartite contractual obligations between Buyer and Seller and
payment facility is merely used by the Buyer and Seller to facilitate the inpletion
of the Transaction. Use of the payment facility shall not render Callbok liable
or responsible for the non-delivery, non-receipt, non-payment, damage, breach
of representations and warranties, non-provision of after sales or warranty
services or fraud as regards the products and /or services listed on Callbok's
Platform.
2. You have specifically authorized Callbok or its service
providers to collect, process, facilitate and remit payments and / or the
Transaction Price electronically or through Cash on Delivery to and from other
Users in respect of transactions through Payment Facility. Your relationship
with Callbok is on a principal to principal basis and by accepting these Terms
of Use you agree that Callbok is an independent contractor for all purposes,
and does not have control of or liability for the products or services that are
listed on Callbok's Platform that are paid for by using the Payment Facility. Callbok
does not guarantee the identity of any User nor does it ensure that a Buyer or
a Seller will inplete a transaction.
3. You understand, accept and agree that the payment facility
provided by Callbok is neither a banking nor financial service but is merely a
facilitator providing an electronic, automated online electronic payment,
receiving payment through Cash On Delivery, collection and remittance facility
for the Transactions on the Callbok Platform using the existing authorized
banking infrastructure and Credit Card payment gateway networks. Further, by
providing Payment Facility, Callbok is neither acting as trustees nor acting in
a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
1. You, as a Buyer, understand that upon initiating a
Transaction You are entering into a legally binding and enforceable contract
with the Seller to purchase the products and /or services from the Seller using
the Payment Facility, and You shall pay the Transaction Price through Your
Issuing Bank to the Seller using Payment Facility.
2. You, as a Buyer, may agree with the Seller through
electronic inmunication and electronic records and using the automated features
as may be provided by Payment Facility on any extension / increase in the
Dispatch and/or Delivery time and the Transaction shall stand amended to such
extent. Any such extension / increase of Dispatch / Delivery time or subsequent
novation / variation of the Transaction should be in inpliance with Payment
Facility Rules and Policies.
3. You, as a Buyer, shall electronically notify Payment
Facility using the appropriate Callbok Platform features immediately upon
Delivery or non Delivery within the time period as provided in Policies. Non
notification by You of Delivery or non Delivery within the time period
specified in the Policies shall be construed as a deemed Delivery in respect of
that Transaction. In case of Cash On Delivery transactions, Buyer is not
required to confirm the receipt of products or services.
4. You, as a Buyer, shall be entitled to claim a refund of the
Transaction Price (as Your sole and exclusive remedy) in case You do not
receive the Delivery within the time period agreed in the Transaction or within
the time period as provided in the Policies, whichever is earlier. In case you
do not raise a refund claim using Platform features within the stipulated time
than this would make You ineligible for a refund.
5. You, as a Buyer, understand that the Payment Facility may not
be available in full or in part for certain category of products and/or
services and/or Transactions as mentioned in the Policies and hence You may not
be entitled to a refund in respect of the Transactions for those products and
/or services
6. Except for Cash On Delivery transaction, refund, if any,
shall be made at the same Issuing Bank from where Transaction Price was
received, or through any other method available on the Platform, as chosen by
You.
7. For Cash On Delivery transactions, refunds, if any, will be
made via electronic payment transfers.
8. Refund shall be made in Indian Rupees only and shall be
equivalent to the Transaction Price received in Indian Rupees.
9. For electronics payments, refund shall be made through
payment facility using NEFT / RTGS or any other online banking / electronic
funds transfer system approved by Reserve Bank India (RBI).
10. Refunds may be supported for select banks. Where a bank is
not supported for processing refunds, You will be required to share alternate
bank account details with us for processing the refund.
11. Refund shall be conditional and shall be with recourse
available to Callbok in case of any misuse by Buyer.
12. We may also request you for additional documents for
verification.
13. Refund shall be subject to Buyer inplying with Policies.
14. Callbok reserves the right to impose limits on the number of
Transactions or Transaction Price which Callbok may receive from on an
individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other
infrastructure or any other financial instrument directly or indirectly through
payment aggregator or through any such facility authorized by Reserve Bank of
India to provide enabling support facility for collection and remittance of
payment or by an individual Buyer during any time period, and reserves the
right to refuse to process Transactions exceeding such limit.
15. Callbok reserves the right to refuse to process Transactions
by Buyers with a prior history of questionable charges including without
limitation breach of any agreements by Buyer with Callbok or breach/violation
of any law or any charges imposed by Issuing Bank or breach of any policy.
16. Callbok may do such checks as it deems fit before approving
the receipt of/Buyers inmitment to pay (for Cash On Delivery transactions)
Transaction Price from the Buyer for security or other reasons at the
discretion of Callbok. As a result of such check if Callbok is not satisfied
with the creditability of the Buyer or genuineness of the Transaction or other
reasons at its sole discretion, Callbok shall have the right to reject the
receipt of / Buyers inmitment to pay Transaction Price. For avoidance of doubt,
it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be
disabled for certain account users, at the sole discretion of Callbok.
17. Callbok may delay notifying the payment confirmation i.e.
informing Seller to Dispatch, if Callbok deems suspicious or for Buyers
conducting high transaction volumes to ensure safety of the Transaction and
Transaction Price. In addition, Callbok may hold Transaction Price and Callbok
may not inform Seller to Dispatch or remit Transaction Price to law enforcement
officials (instead of refunding the same to Buyer) at the request of law
enforcement officials or in the event the Buyer is engaged in any form of
illegal activity.
18. The Buyer and Seller acknowledge that Callbok will not be
liable for any damages, interests or claims etc. resulting from not processing
a Transaction/Transaction Price or any delay in processing a
Transaction/Transaction Price which is beyond control of Callbok.
Inpliance with Laws:
1. As required by applicable law, if the Customer makes a
purchase of an amount equal to or above INR 2 00 000.00, the Customer will be
required to upload a scanned copy of his/her PAN card on the Platform, within 4
days of making the purchase, failing which, the purchase made by the Customer
will be cancelled. The requirement to submit the PAN card arises only once and
if it has been submitted once by the Customer, it need not be submitted again.
The order of the Customer shall stand cancelled if there is a discrepancy
between the name of the Customer and the name on the PAN Card.
2. Buyer and Seller shall inply with all the applicable laws
(including without limitation Foreign Exchange Management Act, 1999 and the
rules made and notifications issued there under and the Exchange Control Manual
as may be issued by Reserve Bank of India from time to time, Customs Act,
Information and Technology Act, 2000 as amended by the Information Technology
(Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules
made there under, Foreign Contribution Regulation Act, 1976 and the rules made
there under, Inine Tax Act, 1961 and the rules made there under, Export Import
Policy of government of India) applicable to them respectively for using
Payment Facility and Callbok Platform.
Buyer's arrangement with Issuing Bank:
1. All Valid Credit / Debit/ Cash Card/ and other payment
instruments are processed using a Credit Card payment gateway or appropriate
payment system infrastructure and the same will also be governed by the terms
and conditions agreed to between the Buyer and the respective Issuing Bank and
payment instrument issuing inpany.
2. All Online Bank Transfers from Valid Bank Accounts are
processed using the gateway provided by the respective Issuing Bank which
support Payment Facility to provide these services to the Users. All such
Online Bank Transfers on Payment Facility are also governed by the terms and
conditions agreed to between Buyer and the respective Issuing Bank.
Callbok's
Replacement Guarantee*
Callbok's Replacement Guarantee seeks to assist Buyers who
have been defrauded by qualified sellers on the Platform. The return policy
period (Callbok's Replacement Guarantee) depends on the product category and
the seller. Kindly click here to know the return policy period applicable for
different categories. If at the time of delivery and/or within the applicable
return policy period, if any defect is found, then the buyer of the product/s
can ask for replacement of the product/s from the seller subject to the
following terms and conditions
1. Notify seller of any defects in the product/s at the time of
delivery of the product/s and/or within the applicable return policy period and
the same product/s will be replaced in return of the defective product/s.
2. Replacement can be for the entire product/s or part/s of the
product subject to availability of the same with the seller.
Following products shall not be eligible for return or
replacement:
a. Damages due to misuse of product;
b. Incidental damage due to malfunctioning of product;
c. Any consumable item which has been used/installed;
d. Products with tampered or missing serial/UPC numbers;
e. Digital products/services (Call music downloads)
f. Any damage/defect which are not covered under the
manufacturer's warranty
g. Any product that is returned without all original
packaging and accessories, including the box, manufacturer's packaging if any,
and all other items originally included with the product/s delivered;
h. Jewellery which is 'made to order' on customer's request
On Clothing and Footwear, qualified sellers accept 30 day
exchange subject to the following conditions:
Clothes and footwear are not used (other than for trial),
altered, washed, soiled or damaged in any way.
Original tags and packaging should be intact. For items that
ine in branded packaging, the box should be undamaged.
Returns are not applicable for 'Made to order' jewellery,
Innerwear, lingerie, socks, clothing freebies, etc.
Damaged or defective or 'Not as described' products in
Lifestyle category (includes clothing, footwear, etc.) are meanwhile covered by
the 30 Day Replacement Guarantee. Kindly click here to know the return policy
period (Replacement Guarantee) applicable for different categories.
If Callbok has any suspicion or knowledge that any of its
buyers and sellers are involved in any activity that is intended to provide
claims or information that is false or not genuine, Callbok may also, while
reserving its rights to initiate civil and/or criminal proceedings against such
member buyers and sellers, at its sole discretion, suspend, block, restrict,
cancel the Display Name of such buyers and sellers and/or disqualify that user
and any related users from availing protection through this program. Customers
who have been blocked for any suspicious or fraudulent activity on Callbok will
not be allowed to return their products.
Callbok reserves its right to initiate civil and/or criminal
proceedings against a user who, files a invalid and/or false claims or provides
false, ininplete, or misleading information. In addition to the legal
proceedings as aforesaid, Callbok may at its sole discretion suspend, block,
restrict, cancel the Display Name [and its related Display Names] of such user
and/or disqualify that user and any related users from availing protection
through this program. Any person who, knowingly and with intent to injure,
defraud or deceive, files a Fraudulent Inplaint containing false, ininplete, or
misleading information may be guilty of a criminal offence and will be
prosecuted to the fullest extent of the law.
Exchange Offers:
By participating in the exchange I confirm that I am the
sole and absolute owner and/or user of the product mentioned above (device).
I confirm that device which I am exchanging under the
buyback program is genuine and is not counterfeit, free from any and all
encumbrances, liens, attachments, disputes, legal flaws, exchange or any
Agreement of Sale etc. and I have got the clear ownership of the said device.
You agree to indemnity and keep indemnifying Callbok.in and
any future buyer of the device against all or any third party claims, demand,
cost, expenses including attorney fees which may be suffered, incurred,
undergone and / or sustained by Callbok.in, its affiliates or any future buyer
due to usage of the device by you till date and you undertake to make good the
same.
I confirm that all the data in the said device will be
erased before handing it over under buy back program. I also confirm that in
spite of erasing the data manually/electronically, if any data still accessible
due any technical reason, Callbok.in, Seller or the Manufacturer shall not be
responsible for the same and I will not approach Callbok.in for any retrieval
of the data.
I hereby give my consent that my personal information that I
have provided in connection with this buyback program might be processed,
transferred and retained by the retailer and other entities involved in
managing the program for the purposes of validating the information that I
provided herein and for the administration of the program.
I agree to indemnity and keep indemnifying the Callbok.in
and any future buyer of the old device against all or any third party claims,
demand, cost, expenses including attorney fees which may be suffered, incurred,
undergone and / or sustained by Callbok.in, its affiliates or any future buyer
due to usage of the device by me till date and I undertake to make good the
same.
I understand once a device is sent by me to Callbok, in no
scenario can this device be returned back to me.
I understand that the new device delivery and the old device
pickup will happen simultaneously (hand in hand) and I shall keep the old
device ready to be given for exchange.
Products distributed as gifts from state sponsored or NGO
funded distribution programs are not accepted for exchange under exchange
offers.
Digital
Content: Music
Music (MP3 format): Only certain short listed Seller (at the
sole discretion of Callbok) shall be entitled to sell Music (MP3 format) on the
Platform. You may be able to purchase DRM-free digital music in MP3 file format
on the Platform from the respective Sellers. Such MP3 music files shall be
provided to You as per selection provided by Seller, subject to certain
limitations as described by the Seller. You shall be granted specified download
rights of DRM-free MP3 music files from the catalogue of MP3 music displayed on
the Platform. The MP3 music may include full-length MP3 audio tracks at best
available bit rate and certain other premium features, as may be provided on
the Platform by respective Sellers from time to time.
Territory: Currently You can purchase downloadable digital
MP3 music only through the Platform and Call Music Application as may be made
available from time to time on the Platform, only within the territory of
India.
Rights Granted: Music download right is a non-exclusive,
non-transferable right to use for your personal, non-inmercial, entertainment
use, subject to and in accordance with the Terms of Use. You may copy, store,
transfer and burn the MP3 music file only for your personal, non-inmercial,
entertainment use, subject to and in accordance with the Terms of Use. You
represent, warrant and agree that You will use the MP3 music file only for your
personal, non-inmercial, entertainment use and not for any redistribution of
the same or other use restricted in this Section. You agree not to infringe the
rights of the copyright owners and to inply with all applicable laws in your
use of the MP3 music file. You agree that You will not redistribute, transmit,
assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or
otherwise transfer or use MP3 music file. You are not granted any
synchronization, public performance, promotional use, inmercial sale, resale,
reproduction or distribution rights for MP3 music file. You acknowledge that
the MP3 music file embodies the intellectual property of a third party and is
protected by law.
Explicit Consent: You agree that we shall have no liability
to You for MP3 music file downloaded by You on the Platform if You find the
same to be offensive, indecent or objectionable and expressions through the
audio files are not subscribed by us.
Cash on Delivery as a mode of payment is not available for
purchasing MP3 music on the Platform currently.
All Sales Final; Downloading and
Risk of Loss; Availability of MP3 music files: All sales of MP3 music files are
final. Returns of MP3 music files are not permissible on Platform. Once You
have purchased MP3 music files, Callbok encourages You to download it promptly.
If You are unable to inplete a download, please contact customer service within
6 hours of the payment.
Further Callbok assumes no liability if your media player
does not support the file format made available by the Seller on the Platform
or your browser does not support the music download application / software
available by the Seller on the Platform, by whatever name called.
You bear all risk of loss after purchase and for any loss of
MP3 music files You have downloaded, including any loss due to a inputer or
hard drive crash.
Seller may, from time to time, at its sole discretion,
remove MP3 music files from the Service without notice.
Intellectual Property Rights: It is hereby specifically
recorded that the copyright and other Intellectual Property in the music
available on the Platform is the sole and exclusive property of third parties.
Seller represents and warrants that Sellers are authorized by such third
parties to upload the music on the Platform for license of use to the end
customers. Intellectual Property Rights for the purpose of this Terms of Use
shall always mean and include copyrights whether registered or not, patents including
rights of filing patents, trademarks, trade names, trade dresses, house marks,
collective marks, associate marks and the right to register them, designs both
industrial and layout, geographical indicators, moral rights, broadcasting
rights, displaying rights, distribution rights, selling rights, abridged
rights, translating rights, reproducing rights, performing rights, inmunicating
rights, adapting rights, circulating rights, protected rights, joint rights,
reciprocating rights, infringement rights. All those Intellectual Property
rights arising as a result of domain names, internet or any other right
available under applicable law shall vest in the domain of Callbok as the owner
of such domain name. The Parties hereto agree and confirm that no part of any
Intellectual Property rights mentioned hereinabove is transferred in the name
of User and any intellectual property rights arising as a result of these
presents shall also be in the absolute ownership, possession and Our control or
control of its licensors, as the case may be.
Your request to download a MP3 music file is personal to
You, and the track may not be used, sold, rented, transferred, licensed or
otherwise provided to any other User. The license to downloaded tracks includes
only those rights explicitly stated herein (typically, the right to play back
for your own personal use from your personal inputer, CD player, digital
player, or other personal consumer electronic device), and, for the avoidance
of doubt, does not include the right to create a derivative work, to make
copies other than for your own personal use, or to use the track in any inmercial
manner. You shall promptly notify Us in writing upon your discovery of any
unauthorized use or infringement.
Software: Seller may make available to You, from time to
time, software for Your use in connection with the download of MP3 music files
(any and all such software, individually and collectively, the
"Software").
You may use the Software only in connection with the
download of MP3 music files on the Platform. You may not separate any
individual inponent of the Software for use other than in connection to the
download, may not incorporate any portion of it into Your own programs or inpile
any portion of it in inbination with your own programs, may not transfer it for
use with another service, or use it, or any portion of it, over a network and
may not sell, rent, lease, lend, loan, distribute or sub-license the Software
or otherwise assign any rights to the Software in whole or in part. Seller may
discontinue some or all of any Software Seller provide, and Seller may
terminate your right to use any Software at any time and in such event may
modify it to make it inoperable.
Without limiting the Disclaimer of Warranties and Limitation
of Liability in this terms of use, (i) in no event shall Our or software
licensors' total liability to You for all damages arising out of or related to
your use or inability to use the Software and / or download manager or any
other application exceed the amount of ₹20; and (ii) in no event shall Our or
Our Digital Content providers' total liability to You for all damages arising
from your use of the Service, the Digital Content, or information, materials or
products included on or otherwise made available to You through the Service
(excluding the Software), exceed the amount You paid to purchase, on the
Service, the Digital Content related to Your claim for damages.
Digital
Content: eBooks
ebook (ePub format): You will be able to purchase
DRM-encrypted eBooks in ePub file format on the Callbok Platform and the Call
eBooks application. Such ePub files shall be provided to you as per your
selection, subject to certain limitations as described herein. You shall be
granted specified download rights of DRM-encrypted ePub files from the catalog
of eBooks displayed on the Platform.
Download rights: You will need to be registered with Callbok
to make an ebook purchase. The eBooks which you purchase from the Callbok
Platform or CalleBooks application shall be added in your Callbok eBooks
library from where you can download the eBooks onto your device(/s). Each
downloaded ebook is locked to the User account and the downloader device. These
downloaded eBooks cannot be transferred onto other devices. Each device used by
you will have to be synced with your online eBooks library. You can sync a
maximum of six(6) devices against your user account. You can download the
eBooks to your mobile or tablet devices for offline reading and can read the
eBooks using the CalleBooks Application only.
Call eBooks application: Call eBooks application will enable
you to read the digital books purchased from the Call eBooks store, on your
mobile or tablet devices. The app also has an in-app Call eBooks store where
the user can quickly purchase eBooks. The Call eBooks app will be available in
the Android platform. The Android app will be inpatible with both mobiles and
tablet devices. You can download the Call eBooks android app for free from the Callbok
Platform and also Google Play.
Territory: Currently you can purchase downloadable eBooks
only through the Platform and Call eBooks Application as may be made available
from time to time on the Platform, only within the territory of India. You have
to be within the Indian Territory to even download the already purchased files
from your Callbok eBooks library.
DRM Specifications: The DRM (Digital Rights Management)
enables us to restrict certain permissions. The Call DRM specifications
restrict the following permissions:
Default Restrictions |
Callbok Settings |
Printing |
Not Allowed |
Copying |
Not Allowed |
Side-Loading (from one device to other) |
Not Allowed |
e-mailing |
Not Allowed |
Saving Images |
Not Allowed |
Read out aloud |
Not Allowed |
Number of distinct devices for file downloading |
Allowed (Six) |
Social media sharing |
140 word |
Rights Granted: Upon your payment of our fees for ebook, we
grant you a non-exclusive, non-transferable right to use the downloaded ebook
for your personal, non-inmercial, entertainment use, subject to and in accordance
with the Terms of Use. You may store the ebook only for your personal, non-inmercial,
entertainment use, subject to and in accordance with the Terms of Use.
You represent, warrant and agree that you will use the ebook
only for your personal, non-inmercial, entertainment use and not for any
redistribution of the same or other use restricted in this Section. You agree
not to infringe the rights of the copyright owners and to inply with all
applicable laws in your use of the ebook. You agree that you will not
redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify,
adapt, edit, license or otherwise transfer or use ebook.
You are not granted any synchronization, public performance,
promotional use, inmercial sale, resale, reproduction or distribution rights
for ebook. You acknowledge that the ebook embodies the intellectual property of
a third party and is protected by law.
Explicit Consent: You agree that we shall have no liability
to you for ebook downloaded by You on the Platform or Call Apps if you find the
same to be offensive, indecent or objectionable.
Payment: The Price List for each downloadable ebook
displayed on the Platform represents the full retail price (inclusive of all
taxes unless specified otherwise) for said downloadable ebook. You shall pay
for such downloadable ebook using one of the payment options available on the
Platform.
The Price List mentions the prices of each downloadable
ebook and the User shall pay in Indian Currency (i.e. Indian Rupee). We reserve
our right to change the prices of the ebook and services and the availability
of the same at our sole discretion.
Callbok will allow the user to buy ebook using the following
forms of payments.
--> Credit Cards
--> Internet Banking
--> Debit Cards
--> Callbok Wallet
--> any other mode of payment, as may be decided and made
available on the Platform.
Please note that payment can be made only in India Rupees
and all the above payment instruments must have been issued by entities
operating in India and subject to Indian regulations.
Cash on Delivery as a mode of payment is not available for
purchasing ebook on the Platform currently.
Payment made by credit card or any other mode as mentioned
above should be received by us on time. If for any reason we do not receive payment
from the credit card issuer or any agent involved in any of the above payment
modes, You agree that you shall pay all amounts due upon demand by us.
All Sales Final; Downloading and
Risk of Loss; Availability of eBooks. All sales of eBooks are final. We do not
accept returns of eBooks. Once you have purchased eBooks, we encourage you to
download it promptly. If you are unable to inplete a download, please
contact customer service within
30 days of the payment. The ebook will be removed from your library and the
amount that was charged during the payment will be refunded in the form of
store credit. The eBooks will also be replaced in cases of genuine technical
errors as mentioned in the replacement policy.
You bear all risk of loss after purchase and for any loss of
eBooks you have downloaded, including any loss due to a inputer or hard drive
crash. We may, from time to time, at our sole discretion remove eBooks from the
Service without notice.
Intellectual Property Rights: It is hereby specifically
recorded that the copyright and other Intellectual Property in the ebook
available on the Platform is the sole and exclusive property of third parties.
We are authorised by such third parties to upload the ebook on the Platform for
license of use to the end customers. Intellectual Property Rights for the
purpose of this Agreement shall always mean and include copyrights whether
registered or not, patents including rights of filing patents, trademarks, trade
names, trade dresses, house marks, collective marks, associate marks and the
right to register them, designs both industrial and layout, geographical
indicators, moral rights, broadcasting rights, displaying rights, distribution
rights, selling rights, abridged rights, translating rights, reproducing
rights, performing rights, inmunicating rights, adapting rights, circulating
rights, protected rights, joint rights, reciprocating rights, infringement
rights. All those Intellectual Property rights arising as a result of domain
names, internet or any other right available under applicable law shall vest in
the domain of Callbok India as the owner of such domain name. The Parties
hereto agree and confirm that no part of any Intellectual Property rights
mentioned hereinabove is transferred in the name of User and any intellectual
property rights arising as a result of these presents shall also be in the
absolute ownership, possession and our control or control of its licensors, as
the case may be.
Your request to download an ebook is personal to you, and
the ebook may not be used, sold, rented, transferred, licensed or otherwise
provided to any other user. The license to downloaded eBooks includes only
those rights explicitly stated herein (typically, the right to read the ebook
in Call eBooks Application), and, for the avoidance of doubt, does not include
the right to create a derivative work, to make copies, or to use the ebook in
any inmercial manner. You shall promptly notify us in writing upon your discovery
of any unauthorized use or infringement.
Software: We may make available to you, from time to time,
software or updates for your use in connection with the download of eBooks (any
and all such software, individually and collectively, the
"Software").
You may use the Software only in connection with the
download of eBooks on the Platform. You may not separate any individual inponent
of the Software for use other than in connection to the download, may not
incorporate any portion of it into Your own programs or inpile any portion of
it in inbination with your own programs, may not transfer it for use with
another service, or use it, or any portion of it, over a network and may not
sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise
assign any rights to the Software in whole or in part. We may discontinue some
or all of any Software we provide, and we may terminate your right to use any
Software at any time and in such event may modify it to make it inoperable.
Without limiting the Disclaimer of Warranties and Limitation
of Liability in this terms of use, in no event shall our or our and/or our
Digital Content providers' total liability to You for all damages arising from
your use of the Service, the Digital Content, or information, materials or
products included on or otherwise made available to You through the Service
(excluding the Software), exceed the amount You paid to purchase, on the
Service, the Digital Content related to Your claim for damages.
Digital
Content: Callbok Ideas
1. These Terms of Service (“Terms”) govern your access to and
use of Callbok Ideas (hereinafter referred to as “Content”). By viewing the
Contents you agree to be bound by these Terms. Content posted on the Platform
is public and can be viewed by everyone who can see the Page.
2. Callbok is hosting the Content generated by third party
users (“Content Owner”), within the CB Platform for convenience of Platform
Users, and as such, Callbok has no ownership or control whatsoever in the
Contents displayed. The Contents posted by the Content Owners are of personal
views wherein Callbok plays no role in creating/developing the Content. You are
responsible for your use of the Platform for viewing the Content.
3. By hosting the Content on the Platform, Callbok is neither
guaranteeing nor giving any warranty nor making any representation with respect
to the Contents. Callbok is neither endorsing the views, products or the
Services, nor is it responsible for quality or features of the content
displayed on the Platform.
4. Any information on the Platform, whether the content or any
other information, have not been verified by Callbok, therefore, Callbok shall
not be responsible for any such content or information. Callbok will not bear
any obligation or liability if You rely on the Contents.
5. If You choose to view or rely, Callbok will neither be a
party to nor in any manner concerned with the same nor be liable or responsible
for any act or omission of the Content Owner.
6. You hereby acknowledge that the Contents are created and
owned by Content Owners who own all the rights including the copyrights in the
contents. The Contents are available on the Platform for personal use only and
you shall not use it for any inmercial, promotional, resale or further
distribution purposes.
7. Any use or reliance on any Content or materials obtained by
you through the Content is at your own risk. We do not endorse, support,
represent or guarantee the inpleteness, truthfulness, accuracy, or reliability
of any Content or inmunications posted on the Platform or endorse any opinions
expressed via the contents. You understand that by using the Platform, you may
be exposed to Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or are
otherwise deceptive. All Content is the sole responsibility of the person who
originated such Content. Callbok may not monitor or control the Content posted
on the Platform and, we do not take responsibility for such Content.
8. We reserve the right to remove Content that violates the
Terms of Use, including for example, copyright or trademark violations,
impersonation, unlawful conduct, or harassment.
9. If you see an offensive, abusive, or any unlawful content on
the Platform, you can report it to [email protected]
10. You may find content that offends you or that you simply
don’t like, but that doesn’t violate the content guidelines. If that happens,
you can unfollow the user who posted it or hide the post
11. Your access to and use of the Services or any Content are at
your own risk. You understand and agree that the Services are provided to you
on an “AS IS” and “AS AVAILABLE” basis. Callbok makes no warranty or
representation and disclaim all responsibility and liability for: (i) the inpleteness,
accuracy, availability, timeliness, security or reliability of any Content;
(ii) any harm to your inputer system, loss of data, or other harm that results
from your access to or use of any Content; (iii) the deletion of, or the
failure to store or to transmit, any Content and other inmunications maintained
by the Services; and (iv) whether the Services will meet your requirements or
be available on an uninterrupted, secure, or error-free basis. No advice or
information, whether oral or written, obtained through the Content, will create
any warranty or representation not expressly made herein.
12. By using the Services you agree that Callbok, its parents,
affiliates, related inpanies, officers, directors, employees, agents
representatives, partners and licensors, liability is limited to the maximum
extent permissible by Law.
13. We may revise these Terms from time to time.
Digital
Content: Callbok Video
1.
These Terms of Service
("Terms") govern your access to and use of Callbok Video which is an
online over-the-top platform providing users with live and/or on-demand audio
and video content of various genres which may be offered by either Callbok or
by third party content providers (all such content, collectively, the
"Content").
2.
The Content is being hosted on Callbok
mobile App only ("Platform"), that is owned and operated by Callbok
India ("Callbok", "We" or "Our").
3. This document sets out the terms and conditions in
connection with your use of the Platform and, subsequently, your access to
and/or consumption of the Content and/or other related services provided on the
Platform (all such content and services, collectively, "Services" and
such terms and conditions, the "Terms" ).
4.
Use of Callbok Services is available
only to persons who can form a legally binding contract under the Indian
Contract Act, 1872.You must be 18 years of age, to avail the Services. Minors
may only use the service under the supervision of an adult. Some content
offered on the Platform may not be appropriate for viewership by minors.
Accordingly, parents and/or the guardians of such children or minors are
advised to exercise discretion before allowing their children or minors to
access such content on the Platform.
5.
All the Content being offered to the
users on the Platform shall be, for the convenience of the users, free of cost,
or at such other terms as may be offered by Callbok or the Content Providers
with respect to any Content from time to time, and such other terms shall be inmunicated
to the user at the time of viewing such Content and/or at the time of
registering with the Platform. Subject to you accepting these Terms and any
other terms as may be inmunicated to you from time to time, you are given a
limited, non-exclusive, non-transferable, non-sub-licensable, revocable
permission to view the Platform and avail the Services during the subsistence
of your account with Callbok and no right, title or interest in any Content
will be deemed transferred to you.
6. The Platform is an interactive online platform for the users
to view the Content of various genres, which may either be offered by Callbok
or third party content providers. As regards third party audio-video content
generated by third parties (such content, the " Third Party Content" and such content providers, the " Content Owners"), the Platform offers you such Third Party Content by
providing hosting services to Content Owners displaying their content and/or by
allowing their content to be viewed by you on the Platform by integrating
services and application of other audio-video hosting, caching and/or streaming
service or infrastructure providers (" Platform Partners") who may have content procurement arrangements with
the Content Owners The Platform may also provide content which is inmissioned
by Callbok and/or is procured by Callbok either under a license or copyright
agreement (such content, " Callbok Originals").
7.
Content will therefore consist of Callbok
Originals or Third Party Content. Content Owners and/or Platform Partners will
provide Third Party Content. Specifically, for more information in relation to
Third Party Content (including the terms of use relating specifically to Third
Partner Content), you may refer to their respective terms and conditions. As
such, Callbok has no ownership or control whatsoever on Third Party Content,
whether it is uploaded or streamed by Content Owners or by the Platform
Partners. Callbok plays no role in creating/developing Third Party Content.
8.
As regards all the news content
which are also Third Party Content through the Platform Partners, Callbok's
role is strictly limited to providing a uniform resource locator (URL) or a
web-address to access and/or share such content on the Internet with the users
and all news content is provided, uploaded, streamed and/or hosted by Content
Owners, the Platform Partners and/or their respective agents or service
providers. For avoidance of doubt, it is clarified that Callbok will not be
hosting, uploading or streaming any news content on its servers or IT systems. Callbok
will not be exercising any control – physical, editorial or digital - over the
news Content being viewed by or provided to the user on the Platform. Callbok
will only be providing the user with an option and/or a medium to access news
content through the Platform which, in turn, will provide the Content Providers
and/or the Platform Partners an opportunity to disseminate their content on the
Platform. The news Content on the Platform is directly uploaded or streamed
onto the Platform by Platform Partners who avail of Callbok's inmunication platform,
without any intervention from Callbok in the content
procurement/uploading/streaming/transmission process. Callbok's role is that of
an 'intermediary' as defined under the Information Technology Act, 2000 and the
rules thereunder, with regard to the news Content. Being an intermediary, Callbok
has no responsibility and/or liability in respect of any news Content on the
Platform, including for intellectual property rights infringement, defamation,
obscenity or any other violation under applicable law.
9.
Irrespective of whether the Content
is a Third Party Content or a Callbok Original, you, at all times, are
responsible for your use of the Platform and for viewing any Content and Callbok
shall have no liability with respect to any loss or damage caused by viewing or
relying on the Content. By hosting Callbok Originals on the Platform and by
permitting the hosting, uploading or streaming of Third Party Content on the
Platform, Callbok will neither guaranteeing nor giving any warranty nor making
any representation with respect to the Contents. The Content provided on the
Platform is for entertainment or information purposes only and Callbok will
neither be endorsing the views, products or the services being depicted or
offered as part of the Content, nor will Callbok be responsible for quality or
features of the Content displayed on the Platform. Unless expressly stated
otherwise, all characters, themes and events depicted in Callbok Originals are
entirely fictitious and any similarity to actual events or persons, living or
dead, is purely coincidental, unintentional or accidental.
10.
Third Party Content will be made
available to you through different modes, including via video-on-demand or on a
live streaming basis, depending on the nature of the content and at the
discretion of the Content Owners and/or Platform Partners. Callbok Originals
will be provided to you through different modes as well as the discretion of Callbok.
You may choose to view any Content at your discretion at a time chosen by you
and by accepting these Terms and any other terms relating to such Content.
11.
Please note that the availability
of, and your ability to access, the Content or some part of the Services, (a)
is subject to applicable law and the contractual arrangements between Callbok and
the Content Owners and/or Platform Partners; and (b) may be dependent upon your
geographical location, your Internet/data connectivity or your system
capabilities or inpatibility with the Platform. Not all Content or Services
will be available to all users. On account of the nature of the Internet/data
connectivity and system inpatibility, the Platform and the Services may also be
accessed in various geographical locations. You, therefore, hereby agree and
acknowledge that you are accessing the Platform and availing of the Services,
at your own risk, choice and initiative, and you agree and undertake to ensure
that your use of the Platform and the Services inplies with all applicable laws
including the local laws in your jurisdiction. Further, you agree and
acknowledge that the Services and Content may vary from place to place, time to
time and device to device and the quality and the quantity of your access to
the Content or the use of the Platform or availing of the Services would be
subject to various parameters such as specifications, device, Internet
availability and speed, bandwidth, etc.
12.
Any information on the Platform,
whether the Content or any other information (other than Callbok Original),
have not been verified by Callbok, and therefore, Callbok shall not be
responsible for any such Third Party Content or information. Callbok will not
bear any obligation or liability if You rely on the Contents or information and
any loss or liability has been incurred by you arising from such Third Party
Content or information.
13.
If you choose to view or rely on any
Third Party Content or information on the Platform, you will be impliedly
accepting the terms of viewing or relying on such Third Party Content or
information, as offered by the Content Providers and/or the Platform Partners,
and Callbok will neither be a party to such an arrangement nor will it in any
manner be concerned with such an arrangement nor will Callbok be liable or
responsible for any act or omission of the Content Owner and/or the Platform
Partners.
14.
You hereby acknowledge that the
Third Party Content is created and owned by the Content Owners who own all the
rights including the copyrights with respect to such content. The Content is
available on the Platform for personal and non-inmercial use only and you shall
not use it for any inmercial, promotional, resale, further distribution or any
other unauthorized purposes. You agree not to use the service for public
performances.
15.
You further acknowledge that all the
intellectual property rights contained in (a) the Callbok Originals are solely
owned by Callbok and (b) in the Third Party Content are solely owned by the
Content Owners or licensed to the Platform Partners. During the term of your Callbok
membership we grant you a limited, non-exclusive, non-transferable, revocable
right to access the Platform and view the Content. Except for the foregoing, no
right, title or interest shall be transferred to you in any Content or the
Platform.
16.
We can terminate your account or
place your account on hold in order to protect our or the interests of the
Content Owners or of the Platform Partners, from an actual, probable or
suspected theft, loss, damage or other fraudulent activity. Callbok reserves
the right to immediately terminate, suspend, limit, or restrict your access or
use of the Platform and/or the Services, at any time, without any notice or
liability, if Callbok so determines, in its sole discretion, for any reason
whatsoever, including that you have: (a) breached these Terms or the Privacy
Policy; or (b) violated any applicable law, rule, or regulation; or (c) you
have engaged in any inappropriate or unlawful conduct; or (d) provided any
false or inaccurate information; or (e) for any other reason that Callbok deems
fit in its sole discretion.
17.
Any use or reliance on any Content
or materials obtained by you through the Platform is at your own risk. We do
not endorse, support, represent or guarantee the inpleteness, truthfulness,
accuracy, or reliability of any Content or inmunications posted on the Platform
or endorse any opinions expressed via the Contents. You understand that by
using the Platform, you may be exposed to Content that might be offensive,
harmful, inaccurate or otherwise inappropriate, or in some cases, postings that
have been mislabeled or are otherwise deceptive. All Third Party Content is the
sole responsibility of the Content Owners who originated such content or it is
the responsibility of the Platform Partners who host, upload and/or stream such
Third Party Content. Callbok may not monitor or control the Content posted,
uploaded and/or streamed on the Platform by the Content Owners, the Platform
Partners and/or their respective agents or affiliates, and, we do not take
responsibility or liability for any such content.
18.
We reserve the right to remove any
Content or the user data that violates these Terms or the applicable law,
including for example, copyright or trademark violations, impersonation,
unlawful conduct, or harassment. With respect to Third Party Content, Callbok's
role is limited to providing a inmunication platform to Content Owners and/or
Platform Partners, to enable the transmission of the Third Party Content
directly from such third parties to you.
19.
Personal Information; We may use
information such as device ID, location or an account email address used with
an existing Callbok account to determine eligibility and any offers therof. We
may share personal information with our other corporate entities and Platform
Partners only for the purposes of giving enhanced customer services.
20.
Service Interruptions: You hereby
consent to sharing your information with third parties unless you specifically
opt out. In addition, your access to the Services and the Platform may also be
occasionally suspended or restricted to allow for repairs, maintenance, or the
introduction of new facilities or services at any time without prior notice. We
will attempt to limit the frequency and duration of any such suspension or
restrictions.
21.
If you see an offensive, abusive, or
any unlawful content on the Platform, you can report it to customer care of Callbok.
22.
Disclaimer of representations and
warranties: Your access to and use of the Services or any Content are at your
own risk. You understand and agree that the Services are provided to you on an
"AS IS" or "AS AVAILABLE" basis. Callbok makes no warranty
or representation and disclaim all responsibility and liability for: (i) the inpleteness,
accuracy, availability, timeliness, security, security and non-inpatibility or
reliability of any Content; (ii) any harm to your inputer system, loss of data,
or other harm that results from your access to or use of any Content; (iii) the
deletion of, or the failure to store or to transmit, any Content and other inmunications
maintained by the Services; and (iv) whether the Services will meet your
requirements or be available on an uninterrupted, secure, or error-free basis.
No advice or information, whether oral or written, obtained through the
Content, will create any warranty or representation not expressly made herein
or therein.
23.
Limitation of liability: By using
the Services, you agree that the liability of Callbok, its parents, affiliates,
related inpanies, officers, directors, employees, agents, representatives,
partners and licensors, shall be limited to the maximum extent permissible by
applicable law. In no case shall Callbok, its directors, officers, employees,
affiliates, agents, contractors, principals, or licensors be liable for any
direct, indirect, incidental, punitive, special, or consequential damages
arising from your use of the Services or any Content or for any other claim
related in any way to your access to the Platform and/or use of the Services,
including, but not limited to, any errors or omissions in any Content or
information on the Platform, or any loss or damage of any kind incurred as a
result of the use of the Services and/or reliance on any Content or information
on the Platform.
24. Indemnification: You shall defend, indemnify and hold
harmless Callbok its owners, affiliates, subsidiaries, group inpanies, partners
(as applicable), and their respective officers, directors, agents, and
employees (" Indemnified
Parties"), from and against any claim,
demand, damages, obligations, penalty, losses or actions (including reasonable
attorneys' fees) made by any third party against the Indemnified Parties or
imposed against the Indemnified Parties, due to or arising out of your or your
affiliate's or relative's: (a) breach of these Terms, the Privacy Policy and/or
any other policies; or (b) violation of any applicable law, rules, regulations;
or (c) violation of the rights (including infringement of intellectual property
rights) of a third party or Callbok; or (d) unauthorized, improper, illegal or
wrongful use of your Callbok account (including by you or by any person,
including a third party, whether or not authorized or permitted by you). This
indemnification obligation will survive the expiry or termination of these
Terms and/or your use of the Service.
25.
Force Majeure: You agree that Callbok
shall be under no liability whatsoever to you in the event of non-availability
of the Platform and/or any of the Services or any portion thereof, occasioned
by an Act of God, war, disease, revolution, riot, civil inmotion, strike,
lockout, flood, fire, satellite failure, failure of any public utility,
man-made disaster, satellite failure or any other cause whatsoever beyond the
control of Callbok (including any event which is caused by the failure or
non-performance on the part of the Content Owners or the Platform Partners).
26.
Governing laws: These Terms shall be
governed, interpreted, and construed in accordance with the laws of India,
without regard to the conflict of law provisions and for resolution of any
dispute arising out of your use of the Services or in relation to these Terms.
Notwithstanding the foregoing, you agree that (i) Callbok has the right to
bring any proceedings before any court/forum of inpetent jurisdiction and you
irrevocably submit to the jurisdiction of such courts or forum; and (ii) any
proceeding brought by you shall be exclusively before the courts in Bengaluru,
India.
27.
Severability: If any provision of
these Terms is held invalid, void, or unenforceable, then that provision shall
be considered severable from the remaining provisions, and the remaining
provisions shall be given full force and effect.
28.
Amendments: We may revise these
Terms from time to time, without prior notice to you, to update, revise,
supplement, and otherwise modify these Terms and to impose new or additional rules,
policies, terms, or conditions on your use of the Service. Any updates,
revisions, supplements, modifications, and additional rules, policies, terms,
and conditions will be posted on the Platform and will be effective immediately
after such posting and we reinmend that you periodically check these Terms on
the Platform for such revised terms. Your continued use of the Services and/or
the Platform will be deemed to constitute your acceptance of any and all such
revised terms.
29.
Entire agreement: These Terms, the
Privacy Policy and any other terms or policies as may be prescribed by Callbok
from time to time, constitute the entire agreement between you and Callbok,
which will govern your use of or access to the Services and/or the Platform,
superseding any prior agreements between you and Callbok regarding such use or
access.
30.
Survival: You acknowledge that your
representations, undertakings, and warranties and the clauses relating to
indemnities, limitation of liability, grant of license, governing law shall
survive the efflux of time and the termination of these Terms (including but
not limited to Clauses 22 to 30 of these Terms).
Indemnity
You shall indemnify and hold harmless Callbok, its owner,
licensee, affiliates, subsidiaries, group inpanies (as applicable) and their
respective officers, directors, agents, and employees, from any claim or
demand, or actions including reasonable attorneys' fees, made by any third
party or penalty imposed due to or arising out of Your breach of this Terms of
Use, privacy Policy and other Policies, or Your violation of any law, rules or
regulations or the rights (including infringement of intellectual property
rights) of a third party.
Applicable
Law
Terms of Use shall be governed by and interpreted and
construed in accordance with the laws of India. The place of jurisdiction shall
be exclusively in Bangalore.
Jurisdictional
Issues/Sale in India Only
Unless otherwise specified, the material on the Platform is
presented solely for the purpose of sale in India. Callbok make no
representation that materials in the Platform are appropriate or available for
use in other locations/Countries other than India. Those who choose to access
this site from other locations/Countries other than India do so on their own
initiative and Callbok is not responsible for supply of products/refund for the
products ordered from other locations/Countries other than India, inpliance
with local laws, if and to the extent local laws are applicable.
Trademark,
Copyright and Restriction
This site is controlled and operated by Callbok and products
are sold by respective Sellers. All material on this site, including images,
illustrations, audio clips, and video clips, are protected by copyrights,
trademarks, and other intellectual property rights. Material on Platform is
solely for Your personal, non-inmercial use. You must not copy, reproduce,
republish, upload, post, transmit or distribute such material in any way,
including by email or other electronic means and whether directly or indirectly
and You must not assist any other person to do so. Without the prior written
consent of the owner, modification of the materials, use of the materials on
any other Platform or networked inputer environment or use of the materials for
any purpose other than personal, non-inmercial use is a violation of the
copyrights, trademarks and other proprietary rights, and is prohibited. Any use
for which You receive any remuneration, whether in money or otherwise, is a inmercial
use for the purposes of this clause.
Trademark inplaint
Callbok respects the intellectual property of others. In
case You feel that Your Trademark has been infringed, You can write to Callbok
at [email protected] or [email protected].
Product
Description
Callbok we do not warrant that Product description or other
content of this Platform is accurate, inplete, reliable, current, or error-free
and assumes no liability in this regard.
Limitation
of Liability
IN NO EVENT SHALL CALLBOK BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH
THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES.
Contact
Us
Please contact us for any questions
or inments (including all inquiries unrelated to copyright infringement)
regarding this platform through the link: https://www.Callbok.in/helpcentre.
Grievance officer
In accordance with Information Technology Act 2000 and rules
made there under and the Consumer Protection (E-Inmerce) Rules, 2020, the name
and contact details of the Grievance Officer are provided below:
Mr. M.K. Parashar
Designation: Senior Manager
Callbok India,
207, H-73, H Block,
Sector 63, Noida
Near Electronic City
Noida, Gautambuddha Nagar
Uttar Pradesh-201301, India
contact us
Email: [email protected]
Phone: +91-880-216-4202
Time: Mon - Sat (9:00 - 18:00)
Customer Support: You can reach our
customer support team to address any of your queries or inplaints by clicking
the link, selecting your order and choosing 'Need Help' option: https://www.Callbok.in/helpcentre
POLICIES
Profanity
Policy
Callbok prohibits the use of language that is racist,
hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on Seller pages
and all other areas of the site that another User may view. If the profane
words are part of a title for the item being sold, we allow Sellers to 'blur'
out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct
area for review:
·
Report offensive Display Names
·
Report offensive language in a
listing or otherwise
If a feedback inment; or any inmunication made between Users
on the Platform; or email inmunication between Users in relation to
transactions conducted on Platform contain profanity, please review Our
feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension
of a User's account, temporary suspension, or a formal warning.
Callbok will consider the circumstances of an alleged policy
violation and the user's trading records before taking action.
Violations of this policy may result in a range of actions,
including:
1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension.
Callbok shall have the right to delete a product review
posted by the customer at its sole discretion, if it is of the opinion that the
review contains offensive language as stated above. Further, if Callbok is of
the opinion that the review unfairly either: (i) causes disadvantage to a
product; or (ii) increases the popularity of the product, Callbok shall have
the right to delete the customer review. Callbok shall also, at its sole
discretion have the right to blacklist the customer from posting any further
customer reviews.
Replacement Guarantee*
The Replacement Guarantee seeks to assist Buyers who have
been defrauded by qualified sellers on the Platform. If at the time of delivery
and/or within specified days from the date of delivery of the product/s, if any
defect is found, then the buyer of the product/s can ask for replacement of the
product/s from the seller.
If Callbok has suspicion or knowledge, that any of its
buyers and sellers are involved in any activity that is intended to provide
claims or information that is false, misleading or not genuine, then Callbok
may while reserving its rights to initiate civil and/or criminal proceedings
against User may also at its sole discretion suspend, block, restrict, cancel
the Display Name of such buyer and seller and /or disqualify that User and any
related Users from availing protection through this program.
Callbok reserves its right to initiate civil and/or criminal
proceedings against a User who, files a invalid and/or false claims or provides
false, ininplete, or misleading information. In addition to the legal
proceedings as aforesaid, Callbok may at its sole discretion suspend, block,
restrict, cancel the Display Name [and its related Display Names] of such User
and/or disqualify that User and any related Users from availing protection
through this program. Any person who, knowingly and with intent to injure,
defraud or deceive, files a Fraudulent Inplaint containing false, ininplete, or
misleading information may be guilty of a criminal offence and will be
prosecuted to the fullest extent of the law.
For more details related to Replacement Policy, refer to
s/help/cancellation-returns
Returns Policy
Definition: 'Return' is defined as the action of giving back
the item purchased by the Buyer to the Seller on the Callbok Platform.
Following situations may arise:
1. Item was defective
2. Item was damaged during the Shipping
3. Products was / were missing
4. Wrong item was sent by the Seller.
Return could also result in refund of money in most of the
cases.
Points to be noted:
1. Seller can always accept the return irrespective of the
policy.
2. If Seller disagrees a return request, Buyer can file a
dispute under the Buyer Protection Program*.
We encourage the Buyer to review the listing before making
the purchase decision. In case Buyer orders a wrong item, Buyer shall not be
entitled to any return/refund.
Buyer needs to raise the return request within the return
period applicable to the respective product.Once Buyer has raised a return
request by contacting Us on Our Toll Free Number, Seller while closing the
return ticket can select one of the following:
1. Replace after shipment collection - Seller has agreed to
wait for the logistics team to collect the shipment from the buyer before
replacing it)
2. Refund after shipment collection - Seller has agreed to wait
for the logistics team to collect the shipment from the buyer before refunding)
3. Refund without shipment collection - Seller has agreed to
refund the buyer without expecting the original shipment back)
4. Replace without shipment collection - Seller has agreed to
replace the order without expecting the original shipment back)
5. On certain select days as specified by Callbok (such as 'The
Big Billion Day') separate policies may be applicable.
In the event the Seller accepts the return request raised by
the Buyer, Buyer will have to return the product and then the refund shall be
credited to the Buyers account.
In case the Seller doesn't close the ticket in 3 days from
the date of intimation to the Seller about the refund request, the refund
request shall be settled in favor of the Buyer.
Further for returns being made by Buyer to the Seller of the
product, the following parameters needs to be ensured by the Buyer:
Category |
Condition |
Electronics |
Should be included |
Clothing and Footwear |
Should be "New & Unworn" (other than for
trial) |
Beauty, Health & Personal Care |
Should be "New & Unopened" |
Sports & Equipment |
Should be "New" and returned with original
packaging |
Office Products |
Should be "New" and returned with original
packaging |
Jewellery |
Should be "New" and returned with original
packaging |
If the product being returned is not in accordance with the
above parameters, then Buyer shall not be entitled to any refund of money from
the Seller.
Shipping cost for returning the product shall be borne and
incurred by the Seller.
Replacement
Definition: Replacement is the action or process of
replacing something in place of another. A Buyer can request for replacement
whenever he is not happy with the item, reason being Damaged in shipping,
Defective item, Item(s) missing, wrong item shipped and the like.
Points to be noted:
1. Seller can always accept the return irrespective of the
policy.
2. If Seller disagrees for a return request, Buyer can file a
dispute under Buyer Protection Program*.
Buyer needs to raise the replacement request within the
return period applicable to the respective product. Once Buyer has raised a
replacement request by contacting Us on the Toll Free Number provided on the
Platform. Once the replacement request has been raised, the following steps
shall be followed:
1. Buyer is asked for "Reason for Return". Among
others, the following are the leading reasons:
2. Shipping was damaged
3. Item was defective
4. Item Dead on Arrival
5. Item(s) were missing
6. Wrong item sent
7. An intimation shall be provided to Seller seeking either
"approval" or "rejection" of the replacement request.
8. In case the Seller accepts the replacement request, Buyer
shall be required to return the product to the Seller and only after return of
the product, Seller shall be obliged to provide the replacement product to the
Buyer.
9. Incase Seller rejects the replacement request, Buyer can
choose to raise a dispute by contacting us through this link: https://www.Callbok.in/helpcentre.
In case the Seller doesn't have the product at all, Seller
can provide the refund to the Buyer and Buyer shall be obligated to accept the
refund in lieu of replacement. All the product parameters shall be required to
be inplied with in cases of replacement.
If the Seller doesn't respond to the Buyer's replacement
request, within three (3) days from the date of replacement request placed by
the Buyer, refund shall be processed in favour of Buyer and Seller shall be
liable to refund amount paid to the Seller.
All shipping and other replacement charges shall be borne
and incurred by the Seller.
Disputes (Resolutions) Policy
Overview
Generally, transactions are conducted smoothly on Callbok.
However there may be some cases where both the Buyers and Sellers may face
issues. At Callbok, we have a Dispute Resolution process in order to resolve
disputes between Buyers and Sellers.
What is a 'dispute'?
A 'Dispute' can be defined as a disagreement between a Buyer
and a Seller in connection with a transaction on the Platform.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the
Buyer and the Seller. Disputes arise out of an issue that is raised by either
party not being inpletely satisfied with the resolution of their inplaint/issue.
It is important that before a Buyer/Seller raises a dispute,
they should attempt to solve the issue. Please note that whenever a Buyer
raises a dispute, the Seller's payment for that order is put on hold
immediately until the issue is resolved.
How is a 'dispute' created?
Whenever there is a disagreement,
the Buyer can contact us through this link https://www.Callbok.in/helpcentre,
while the Seller can write to [email protected], in order to raise a dispute.
Disputes can be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the indicative examples of potential disputes:
1. Wrong item received
2. Item Not as described
3. Damaged or Seal broken on Product
4. Part/Accessory missing
5. Item not Inpatible
6. Seller Description/Specification Wrong
7. Defective (Functional issues)
8. Product not working and Manufacturer claims invalid Invoice
In case the Seller rejects the return request of the Buyer,
and Buyer raises a dispute, then Callbok will try to mediate and resolve the
dispute between both the parties. If the dispute is resolved in favour of the
Buyer, a refund is provided once the product is returned to the Seller. If the
dispute is settled in favour of the Seller, Buyer is entitled to any refund.
Buyer Protection Program
In case of a dispute where the Seller is unable to provide a
refund or a replacement, Callbok will actively work towards reaching a
resolution.
The Buyer Protection Program covers Buyers who are unable to
successfully resolve their dispute with the Seller or are not satisfied the
resolution provided by the Seller.
The buyer can contact us through
this link https://www.Callbok.in/helpcentre if
the issue with the Seller is not resolved. Callbok's Customer Support team will
look into the case to check for possible fraud and if the Buyer has been
blacklisted/blocked from making purchases on the Platform. Only after verifying
these facts, a dispute can be registered.
CS team will not facilitate a conference call, CS team acts
as the bridge between customer and seller.
When a dispute has been raised, Callbok may provide both the
parties access to each others Display Names, contact details including email
addresses and other details pertaining to the dispute. Buyers and Sellers are subject
to final consent from Callbok for settling the dispute.
Buyer Eligibility and Restrictions
Only the Buyers who have purchased the product on Callbok
are eligible for the Buyer Protection Program.
Buyers can file a dispute within 45 days from the date of
delivery of the product
Any damage or loss to the product after delivery will not be
covered under this program and will inpletely be the Buyer's responsibility.
Buyers should refuse to accept delivery if the item is damaged.
To be able to take advantage of the
Buyer Protection Program, Buyers should first contact the Seller and attempt to
resolve the issue. If the Buyer doesn't hear from the Seller or is unable to
resolve the issue with the Seller even after contact, a dispute can be raised
with Callbok by contacting us through the link: https://www.Callbok.in/helpcentre
Fraudulent charges and claims are not covered under Buyer
Protection Program
If the Buyer has already initiated chargeback through the
credit card issuing bank, it will not be covered under Buyer Protection
Program, though in such cases a Seller can file a claim through the Seller
Protection Program.
Blacklisted and Blocked Buyers are not covered by the Buyer
Protection Program.
Buyers who have reached their maximum lifetime limit for
claims are also not eligible. Buyers can make a maximum of 5 claims per year on
Callbok. If the claim was withdrawn, it is not counted. The coverage amount
will be limited to ₹50,000
Through the Buyer Protection program, Callbok does not
provide any guarantee/warranty to Buyers for products sold on Callbok against
technical/manufacturing defects.
Raising disputes against Sellers does not automatically
entitle the Buyer to a refund or replacement for the product purchased. Callbok
shall verify the disputes so raised and may process only such claims that are
valid and genuine.
Callbok shall at no point be responsible for any direct or
indirect losses, expenses, costs of any nature whatsoever that may be incurred
by any Buyer/Seller.
Claims of the nature of 'Buyer remorse' (i.e. instances
where products are bought by the Buyer by mistake or where the Buyer chooses to
change his/her mind with regard to the product purchased by him) will not be
entertained through this program.
Callbok reserves its right to initiate civil and/or criminal
proceedings against a User who, files an invalid and/or false claims or
provides false, ininplete, or misleading information. In addition to the legal
proceedings as aforesaid, Callbok may at its sole discretion suspend, block,
restrict, cancel the Display Name [and its related Display Names] of such User
and/or disqualify that user and any related users from availing protection
through this program.
Decisions made by Callbok under the Buyer Protection Program
shall be final and binding on its Users.
Callbok reserves the right to modify / discontinue Buyer
Protection Program without any prior notice period to its Users.
Through this program, Callbok shall not entertain claims of
Buyers who have incurred loss due to delayed shipment or delivery of the item
by the Seller.
Callbok Customer Support Team may seek additional
information / clarification from Buyer to facilitate resolution of the dispute.
In the event Buyer does not respond with information / clarification sought
within 10 days of such request, the dispute shall be auto-closed in favour of
the Seller.
Disputes via Chargeback
Whenever a chargeback (CB) ines from a payment gateway/bank,
following situations may arise:
1. Item not received CB - Buyer hasn't received the item.
Refund will be created in accordance with the dispute policies
2. Unauthorized CB - Buyer hasn't made this particular
transaction. Refund will be created in accordance with the dispute policies.
Seller expressly agrees that issuing the correct and inplete
invoice is the sole and primary responsibility of the Seller. Furthermore,
Seller shall ensure that invoices state "Powered by Callbok" and
failing to do so Seller will be liable for chargebacks (as applicable).
1. Item not as described - meaning item is not what Buyer
expected. Dispute will be decided in accordance with the dispute policies.
Email Abuse & Threat Policy
Private inmunication, including email correspondence, is not
regulated by Callbok. Callbok encourages its Users to be professional,
courteous and respectful when inmunicating by email.
However, Callbok will investigate and can take action on
certain types of unwanted emails that violate Callbok policies.
Such instances:
Threats of Bodily Harm - Callbok does not permit Users to
send explicit threats of bodily harm.
Misuse of Callbok System - Callbok allows Users to
facilitate transactions through the Callbok system, but will investigate any
misuse of this service.
Spoof (Fake) email - Callbok will never ask you to provide
sensitive information through email. In case you receive any spoof (fake)
email, you are requested to report the same to Us through 'Contact Us' tab.
Spam (Unsolicited Inmercial email) - Callbok's spam policy
applies only to unsolicited inmercial messages sent by Callbok Users. Callbok
Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of Callbok - Callbok prohibits
email offers to buy or sell listed products outside of the Callbok Platform.
Offers of this nature are a potential fraud risk for both Buyers and Sellers.
Callbok policy prohibits user-to-user threats of physical
harm via any method including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions,
including:
·
Limits on account privileges
·
Account suspension
·
Cancellation of listings
·
Loss of special status
Other Businesses
Callbok does not take responsibility or liability for the
actions, products, content and services on the Platform, which are linked to
Affiliates and / or third party Platforms using Platform's APIs or otherwise.
In addition, the Platform may provide links to the third party Platforms of Our
affiliated inpanies and certain other businesses for which, Callbok assumes no
responsibility for examining or evaluating the products and services offered by
them. Callbok do not warrant the offerings of, any of these businesses or
individuals or the content of such third party Platform(s). Callbok does not
endorse, in any way, any third party Platform(s) or content thereof.
Callbok Infringement Verification (FIV) - Reporting Listing
Violations
Callbok has put in place Callbok Infringement Verification
process so that intellectual property owners could easily report listings that
infringe their rights. It is in Callbok's interest to ensure that infringing
products are removed from the site, as they erode Buyer and good Seller trust.
·
If you are a Verified Rights Owner
and want to report a listing issue, see Callbok's FIV. Note: Only the
intellectual property rights owner can report potentially infringing products
or listings through FIV. If you are not the intellectual property rights owner,
you can still help by getting in touch with the rights owner and encouraging
them to contact us.
·
If your listing was removed through
FIV, and you believe that your listing was removed in error, please contact us.
Callbok does not and cannot verify that Sellers have the
right or ability to sell or distribute their listed products. However, Callbok
is inmitted to removing infringing or unlicensed products once an authorized
representative of the rights owner properly reports them to Callbok.
FIV works to ensure that item listings do not infringe upon
the copyright, trademark or other intellectual property rights of third
parties. FIV participants have the ability to identify and request removal of
allegedly infringing products and materials.
Any person or inpany who holds intellectual property rights
(such as a copyright, trademark or patent) which may be infringed upon by
products listed on Callbok is encouraged to beine a FIV member.
Program membership entitles you (Verified Rights Owner) to
the following benefits:
·
Rapid response by Callbok in ending
listings reported by you (as the Verified Rights Owner) as allegedly infringing
·
Dedicated priority email queues for
reporting alleged infringements
·
The ability to obtain identifying
information about Callbok's users'
How to Beine a FIV Member
To join the FIV, we require only that you fully inplete and
email Us a Notice of Infringement form specifying the allegedly infringing
listings and the infringed work, inplete with an original authorized signature.
The information requested by the Notice of Infringement is designed to ensure
that parties reporting products are authorized by the rights owners, and to
enable Callbok to easily identify the material or listing to be ended.
In the interest of keeping the process easy and simple,
after we receive your first Notice of Infringement in hard copy, future notices
can be sent to Us by email at [email protected].
Note: In your notice of infringement, you shall be required
to identify the individual listing which is infringing your intellectual
property. General notices shall not be accepted.
We are happy to receive such information, but must advise
that we may be limited in Our ability to respond to your request absent formal
notice from an authorized rights owner.
Notice of Infringement
Callbok India
_______________________
_______________________
I, [name] ____________________________ of [address]
_________________________ do solemnly and sincerely declare as follows:
1. I am the owner of certain intellectual property rights, said
owner being named __________________ ("IP Owner").
2. I have a good faith belief that the item listings or
materials identified in the annexure attached hereto are not authorised by the
above IP Owner, its agent, or the law and therefore infringe the IP Owner's
rights. Please expeditiously remove or disable access to the material or products
claimed to be infringing.
3. I may be contacted at:
Name
___________________________________________________________
Title & Inpany
________________________________________________________
Address
_________________________________________________________
Email (correspondence)
___________________________________________________
Telephone/Fax
_____________________________________________________________
Date
_________________________________________________________________
and I make this declaration conscientiously believing it to
be true and correct.
Declared by ______________________________
on [date] ___________________________________ in
[place]________
Truthfully,
Signature
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings, Products, or
Materials
A Note on Reason Codes: When identifying item numbers please
use the reasons below. When removing products from the site, Callbok will
inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please associate each
item you report with only one reason code.
Trademark-infringement
1. Trademark owner doesn't make this type of product or has
discontinued the production of the product
2. Item(s) is an unlawful replica of a product made by the
trademark owner or is counterfeit
Trademark-listing description infringement
1. Listing(s) has unlawful inparison to trademark owner's brand
or product
2. Listing(s) contains unlawful use of trademark owner's logo
Copyright-item infringement
1. Software is being offered without any license or in
violation of a license
2. Item(s) is a bootleg recording;
3. Item(s) is an unlawful copy (software, games, movies, etc.);
4. Item(s) is unlawful duplication of printed material
5. Item(s) is an unlawful copy of other copyrighted work
(paintings, sculptures, etc.)
Copyright-listing content infringement
1. Listing(s) inprises unauthorized copy of copyrighted text
2. Listing(s) inprises unauthorized copy of copyrighted image
3. Listing(s) inprises unauthorized copy of copyrighted image
and text
Reason Code:
_____________________________________________________________
Work(s)
infringed:
_________________________________________________________
Item Number(s):
___________________________________________________________
Note:
1. Please provide the ownership of Trademark (Trademark
Registration Certificate should be in the name of applicant)
2. Please provide the evidence as to the ownership of
copyright.
All such Notices of Infringement shall be sent to
[email protected]; or [email protected].
Contacting the Seller
At Callbok we are inmitted towards
ensuring that disputes between sellers and buyers are settled amicably by way
of the above dispute resolution mechanisms and procedures. However, in the
event that a buyer wishes to contact the seller, he/ she may proceed to do so
by accessing the seller related information made available by the sellers on
their product listing pages. Alternatively, the buyers may also reach out to customer
support at +91-880-216-4202 or access help center at https://www.Callbok.in/helpcentre.
For
Buyers from Maharashtra
Callbok
Terms of Use
This
document is an electronic record in terms of Information Technology Act, 2000
and rules there under as applicable and the amended provisions pertaining to
electronic records in various statutes as amended by the Information Technology
Act, 2000. This electronic record is generated by a inputer system and does not
require any physical or digital signatures.
This
document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and Terms of Use for
access or usage of domain name [www.Callbok.in][www.Callbok.in] (“Website”), including the related mobile site and mobile
application (hereinafter referred to as “Platform”)
The Platform is owned by Callbok India a inpany incorporated
under the GST Act, 2017 with its registered office at 1146, New Tilpat,
Faridabad, Haryana-121003 India and its branch offices at 207, 2nd
Floor, H 73, H-Block, Sector 63, Noida, Near Electronic City, Noida,
Gautambuddha Nagar, Uttar Pradesh-201301, India (hereinafter referred to as
"Callbok").
Your use of the Platform and
services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable
policies which are incorporated herein by way of reference. If You transact on
the Platform, You shall be subject to the policies that are applicable to the
Platform for such transaction. By mere use of the Platform, You shall be
contracting with Callbok India and these terms and conditions including the
policies constitute Your binding obligations, with Callbok.
For the purpose of these Terms of
Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed
to beine a buyer on the Platform by providing Registration Data while
registering on the Platform as Registered User using the inputer systems. Callbok
allows the User to surf the Platform or making purchases without registering on
the Platform. The term "We",
"Us", "Our" shall
mean Callbok India.
When You use any of the services provided by Us through the
Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews),
You will be subject to the rules, guidelines, policies, terms, and conditions
applicable to such service, and they shall be deemed to be incorporated into
this Terms of Use and shall be considered as part and parcel of this Terms of
Use. We reserve the right, at Our sole discretion, to change, modify, add or
remove portions of these Terms of Use, at any time without any prior written
notice to You. It is Your responsibility to review these Terms of Use
periodically for updates / changes. Your continued use of the Platform following
the posting of changes will mean that You accept and agree to the revisions. As
long as You inply with these Terms of Use, We grant You a personal,
non-exclusive, non-transferable, limited privilege to enter and use the
Platform.
ACCESSING,
BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS
AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE
CAREFULLY BEFORE PROCEEDING. By
impliedly or expressly accepting these Terms of Use, You also accept and agree
to be bound by Callbok Policies ((including but not limited to Privacy Policy
available at Privacy) as amended from time to time.
Membership
Eligibility
Transaction on the Platform is available only to persons who
can form legally binding contracts under Indian Contract Act, 1872. Persons who
are "ininpetent to contract" within the meaning of the Indian
Contract Act, 1872 including un-discharged insolvents etc. are not eligible to
use the Platform. If you are a minor i.e. under the age of 18 years, you may use
the Platform or access content on the Platform only under the supervision and
prior consent/ permission of a parent ormlegal guardian.
As a minor if you wish to transact on the Platform, such
transaction on the Platform may be made by your legal guardian or parents. Callbok
reserves the right to terminate your membership and / or refuse to provide you
with access to the Platform if it is brought to Callbok's notice or if it is
discovered that You are under the age of 18 years and transacting on the Platform.
Your
Account and Registration Obligations
If You use the Platform, You shall be responsible for
maintaining the confidentiality of your Display Name and Password and You shall
be responsible for all activities that occur under your Display Name and Password.
You agree that if You provide any information that is untrue, inaccurate, not
current or ininplete or We have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or ininplete, or not in
accordance with the this Terms of Use, We shall have the right to indefinitely
suspend or terminate or block access of your membership on the Platform and
refuse to provide You with access to the Platform.
Your mobile phone number and/or e-mail address is treated as
Your primary identifier on the Platform. It is your responsibility to ensure
that Your mobile phone number and your email address is up to date on the
Platform at all times. You agree to notify Us promptly if your mobile phone
number or e-mail address changes by updating the same on the Platform through a
onetime password verification.
You agree that Callbok shall not be liable or responsible
for the activities or consequences of use or misuse of any information that
occurs under your Account in cases, including, where You have failed to update
Your revised mobile phone number and/or e-mail address on the Website Platform.
If You share or allow others to have access to Your account
on the Platform (“Account”), by creating separate profiles under Your Account,
or otherwise, they will be able to view and access Your Account information.
You shall be solely liable and responsible for all the activities undertaken
under Your Account, and any consequences therefrom.
Inmunications
When You use the Platform or send emails or other data,
information or inmunication to us, You agree and understand that You are inmunicating
with Us through electronic records and You consent to receive inmunications via
electronic records from Us periodically and as and when required. We may inmunicate
with you by email or by such other mode of inmunication, electronic or
otherwise.
Platform
for Transaction and Inmunication
The Platform is a platform that Users utilize to meet and
interact with one another for their transactions. Callbok is not and cannot be
a party to or control in any manner any transaction between the Platform's
Users.
Henceforward:
1. All inmercial/contractual terms are offered by and agreed to
between Buyers and Sellers alone. The inmercial/contractual terms include
without limitation price, shipping costs, payment methods, payment terms, date,
period and mode of delivery, warranties related to products and services and
after sales services related to products and services. Callbok does not have
any control or does not determine or advise or in any way involve itself in the
offering or acceptance of such inmercial/contractual terms between the Buyers
and Sellers. All discounts, offers (including exchange offers) are by the
Seller/Brand and not by Callbok.
2. Placement of order by a Buyer with Seller on the Platform is
an offer to buy the product(s) in the order by the Buyer to the Seller and it
shall not be construed as Seller's acceptance of Buyer's offer to buy the
product(s) ordered. The Seller retains the right to cancel any such order
placed by the Buyer, at its sole discretion and the Buyer shall be intimated of
the same by way of an email/SMS. Any transaction price paid by Buyer in case of
such cancellation by Seller, shall be refunded to the Buyer. Further, the
Seller may cancel an order wherein the quantities exceed the typical individual
consumption. This applies both to the number of products ordered within a
single order and the placing of several orders for the same product where the
individual orders inprise a quantity that exceeds the typical individual
consumption. What inprises a typical individual's consumption quantity limit
shall be based on various factors and at the sole discretion of the Seller and
may vary from individual to individual.
3. Callbok does not make any representation or Warranty as to
specifics (such as quality, value, salability, etc) of the products or services
proposed to be sold or offered to be sold or purchased on the Platform. Callbok
does not implicitly or explicitly support or endorse the sale or purchase of
any products or services on the Platform. Callbok accepts no liability for any
errors or omissions, whether on behalf of itself or third parties.
4. Callbok is not responsible for any non-performance or breach
of any contract entered into between Buyers and Sellers. Callbok cannot and
does not guarantee that the concerned Buyers and/or Sellers will perform any
transaction concluded on the Platform. Callbok shall not and is not required to
mediate or resolve any dispute or disagreement between Buyers and Sellers.
5. Callbok does not make any representation or warranty as to
the item-specifics (such as legal title, creditworthiness, identity, etc) of
any of its Users. You are advised to independently verify the bona fides of any
particular User that You choose to deal with on the Platform and use Your best
judgment in that behalf.
6. Callbok does not at any point of time during any transaction
between Buyer and Seller on the Platform ine into or take possession of any of
the products or services offered by Seller nor does it at any point gain title
to or have any rights or claims over the products or services offered by Seller
to Buyer.
7. At no time shall Callbok hold any right, title or interest
over the products nor shall Callbok have any obligations or liabilities in
respect of such contract entered into between Buyers and Sellers. Callbok is
not responsible for unsatisfactory or delayed performance of services or
damages or delays as a result of products which are out of stock, unavailable
or back ordered.
8. The Platform is only a platform that can be utilized by
Users to reach a larger base to buy and sell products or services. Callbok is
only providing a platform for inmunication and it is agreed that the contract
for sale of any of the products or services shall be a strictly bipartite
contract between the Seller and the Buyer.
At no time shall Callbok hold any right, title or interest
over the products nor shall Callbok have any obligations or liabilities in
respect of such contract.
Callbok is not responsible for unsatisfactory or delayed
performance of services or damages or delays as a result of products which are
out of stock, unavailable or back ordered.
Select products offered by sellers may be eligible for
business purchases on the Platform.
1.
Upon Your purchase of product(s)
eligible for business purchases, You may be able to avail the benefits of GST
input tax credit. Accordingly, at your request, an invoice containing the GSTIN
as provided by You ("Tax Invoice") shall be issued to You by the Seller(s)
selling such products.
o
GST invoice will have, inter alia,
the following details printed on it: -GSTIN associated with your registered
business, as provided by you
o
Entity name of your registered
business, as provided by you
o
Not all products are eligible for
business purchases on the Platform and the same is solely at the discretion of
the Sellers. You will be able to view the eligibility of Tax Invoice on the
product page on the Platform.
o
Purchases on the Platform must only
be for end consumption. Users must not use products purchased on the Platform
for any inmercial, promotional, resale or further distribution purposes.
o
For seamless availment of input tax
credit, kindly mention the delivery address as the address which is mentioned
as the registered place of business as per the records of GST authority. Please
note that availment of input tax credit is subject to provisions of GST Act and
rules.
o
The delivery and billing addresses
will be required to be the same, please note that input tax credit will be
denied by GST authority if the delivery address and GSTIN in the GST invoice
are of different states.
o
If GSTIN and/or business entity
details are not provided by You, it will be presumed that it is a personal
purchase and not a business purchase.
o
Callbok is not responsible to verify
the correctness of the GSTIN and/or entity name provided by You and You shall
be entirely responsible to provide the accurate details.
o
Callbok and Seller shall not
entertain any request for any revision in the GST Invoice. Callbok and Seller
shall not be liable for Your default including for reasons associated with
details provided by You.
o
Callbok will not be liable in case
You are not able to avail input tax credit or if input tax credit is denied to
You for any reason whatsoever.
o
You shall be solely liable for all inpliances
required under applicable laws.
o
You agree to indemnify and hold Callbok
and Seller harmless from all losses, claims, costs, expenses, suits,
proceedings, or any other liability including any third-party claims (including
any penalties imposed by governmental authorities) arising out of or in
connection with (1) the GSTIN and/or entity name provided by you or the input
tax credit claimed by you or your use or misuse of the GST Invoice and (2) your
non-inpliance with the applicable laws or (3) your use or misuse of any
third-party’s details including GSTIN.
o
Callbok has the right to not allow
business purchases on the Platform to You if a fraudulent activity is
identified.
o
Seller reserves the right to not
issue Tax Invoice or issue a credit note against an already issued Tax Invoice
to cancel the transaction, if any fraudulent activity is identified.
2.
You shall independently agree upon
the manner and terms and conditions of delivery, payment, insurance etc. with
the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is reflected on the
Platform may due to some technical issue, typographical error or product
information published by seller may be incorrectly reflected and in such an event
seller may cancel such your order(s).
1. You release and indemnify Callbok and/or any of its officers
and representatives from any cost, damage, liability or other consequence of
any of the actions of the Users of the Platform and specifically waive any claims
that you may have in this behalf under any applicable law. Notwithstanding its
reasonable efforts in that behalf, Callbok cannot take responsibility or
control the information provided by other Users which is made available on the
Platform. You may find other User's information to be offensive, harmful,
inconsistent, inaccurate, or deceptive. Please use caution and practice safe
trading when using the Platform.
Please note that there could be risks in dealing with
underage persons or people acting under false pretence.
Charges
Membership on the Platform is free for buyers. Callbok does
not charge any fee for browsing and buying on the Platform. Callbok reserves
the right to change its Fee Policy from time to time. In particular, Callbok
may at its sole discretion introduce new services and modify some or all of the
existing services offered on the Platform. In such an event Callbok reserves
the right to introduce fees for the new services offered or amend/introduce
fees for existing services, as the case may be. Changes to the Fee Policy shall
be posted on the Platform and such changes shall automatically beine effective
immediately after they are posted on the Platform. Unless otherwise stated, all
fees shall be quoted in Indian Rupees. You shall be solely responsible for inpliance
of all applicable laws including those in India for making payments to Callbok
India.
Use
of the Platform
You agree, undertake and confirm that Your use of Platform
shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish,
transmit, update or share any information which:
(a) belongs to another person and to which You does not have
any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner
whatever; or unlawfully threatening or unlawfully harassing including but not
limited to "indecent representation of women" within the meaning of
the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online inmunity, such as
sexually explicit content, or content that promotes obscenity, paedophilia,
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail",
"chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights
[including, but not limited to, intellectual property rights, rights of privacy
(including without limitation unauthorized disclosure of a person's name, email
address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another
person's copyrighted work (see "Copyright inplaint" below for
instructions on how to lodge a inplaint about uploaded copyrighted material),
such as providing pirated inputer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or
hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual,
violent or otherwise inappropriate manner or solicits personal information from
anyone;
(l) provides instructional information about illegal
activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating inputer viruses;
(m) contains video, photographs, or images of another person
(with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope
of authorized access to the Platform or to profiles, blogs, inmunities, account
information, bulletins, friend request, or other areas of the Platform or
solicits passwords or personal identifying information for inmercial or
unlawful purposes from other users;
(o) engages in inmercial activities and/or sales without Our
prior written consent such as contests, sweepstakes, barter, advertising and
pyramid schemes, or the buying or selling of "virtual" products
related to the Platform. Throughout this Terms of Use, Callbok's prior written
consent means a inmunication ining from Callbok's Legal Department,
specifically in response to Your request, and specifically addressing the
activity or conduct for which You seek authorization;
(p) solicits gambling or engages in any gambling activity
which We, in Our sole discretion, believes is or could be construed as being
illegal;
(q) interferes with another USER's use and enjoyment of the
Platform or any other individual's User and enjoyment of similar services;
(r) refers to any Platform or URL that, in Our sole
discretion, contains material that is inappropriate for the Platform or any
other Platform, contains content that would be prohibited or violates the
letter or spirit of these Terms of Use.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary
rights or third party's trade secrets or rights of publicity or privacy or
shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the
origin of such messages or inmunicates any information which is grossly
offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other inputer code,
files or programs designed to interrupt, destroy or limit the functionality of
any inputer resource; or contains any trojan horses, worms, time bombs,
cancelbots, easter eggs or other inputer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or
expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or
sovereignty of India, friendly relations with foreign states, or public order
or causes incitement to the inmission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to
offer, trade or attempt to trade in any item, the dealing of which is
prohibited or restricted in any manner under the provisions of any applicable
law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose
(in whole or in part) the services of Our internet service provider
("ISPs") or other suppliers;
1. You shall not use any "deep-link",
"page-scrape", "robot", "spider" or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Platform or any Content, or in any way reproduce or circumvent the
navigational structure or presentation of the Platform or any Content, to
obtain or attempt to obtain any materials, documents or information through any
means not purposely made available through the Platform. We reserve Our right
to bar any such activity.
2. You shall not attempt to gain unauthorized access to any
portion or feature of the Platform, or any other systems or networks connected
to the Platform or to any server, inputer, network, or to any of the services
offered on or through the Platform, by hacking, password "mining" or
any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of the
Platform or any network connected to the Platform nor breach the security or
authentication measures on the Platform or any network connected to the
Platform. You may not reverse look-up, trace or seek to trace any information
on any other User of or visitor to Platform, or any other customer, including any
account on the Platform not owned by You, to its source, or exploit the
Platform or any service or information made available or offered by or through
the Platform, in any way where the purpose is to reveal any information,
including but not limited to personal identification or information, other than
Your own information, as provided for by the Platform.
4. You shall not make any negative, denigrating or defamatory
statement(s) or inment(s) about Us or the brand name or domain name used by Us
including the terms Callbok, Call, Digiflip, CallKart, Callbok.in, or otherwise
engage in any conduct or action that might tarnish the image or reputation, of Callbok
or sellers on platform or otherwise tarnish or dilute any Callbok's trade or
service marks, trade name and/or goodwill associated with such trade or service
marks, trade name as may be owned or used by us. You agree that You will not
take any action that imposes an unreasonable or disproportionately large load
on the infrastructure of the Platform or Callbok's systems or networks, or any
systems or networks connected to Callbok.
5. You agree not to use any device, software or routine to
interfere or attempt to interfere with the proper working of the Platform or
any transaction being conducted on the Platform, or with any other person's use
of the Platform.
6. You may not forge headers or otherwise manipulate
identifiers in order to disguise the origin of any message or transmittal You
send to Us on or through the Platform or any service offered on or through the
Platform. You may not pretend that You are, or that You represent, someone
else, or impersonate any other individual or entity.
7. You may not use the Platform or any content for any purpose
that is unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity which infringes the
rights of Callbok and / or others.
8. You shall at all times ensure full inpliance with the
applicable provisions of the Information Technology Act, 2000 and rules
thereunder as applicable and as amended from time to time and also all
applicable Domestic laws, rules and regulations (including the provisions of
any applicable Exchange Control Laws or Regulations in Force) and International
Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including,
but not limited to Sales Tax/VAT, Inine Tax, Octroi, Service Tax, Central
Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your
listing, purchase, solicitation of offers to purchase, and sale of products or
services. You shall not engage in any transaction in an item or service, which
is prohibited by the provisions of any applicable law including exchange
control laws or regulations for the time being in force.
9. Solely to enable Us to use the information You supply Us
with, so that we are not violating any rights You might have in Your
Information, You agree to grant Us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers) right to
exercise the copyright, publicity, database rights or any other rights You have
in Your Information, in any media now known or not currently known, with
respect to Your Information. We will only use Your information in accordance
with the Terms of Use and Privacy Policy applicable to use of the Platform.
10. From time to time, You shall be responsible for providing
information relating to the products or services proposed to be sold by You. In
this connection, You undertake that all such information shall be accurate in
all respects. You shall not exaggerate or over emphasize the attributes of such
products or services so as to mislead other Users in any manner.
11. You shall not engage in advertising to, or solicitation of,
other Users of the Platform to buy or sell any products or services, including,
but not limited to, products or services related to that being displayed on the
Platform or related to us. You may not transmit any chain letters or
unsolicited inmercial or junk email to other Users via the Platform. It shall be
a violation of these Terms of Use to use any information obtained from the
Platform in order to harass, abuse, or harm another person, or in order to
contact, advertise to, solicit, or sell to another person other than Us without
Our prior explicit consent. In order to protect Our Users from such advertising
or solicitation, We reserve the right to restrict the number of messages or
emails which a user may send to other Users in any 24-hour period which We
deems appropriate in its sole discretion. You understand that We have the right
at all times to disclose any information (including the identity of the persons
providing information or materials on the Platform) as necessary to satisfy any
law, regulation or valid governmental request. This may include, without
limitation, disclosure of the information in connection with investigation of
alleged illegal activity or solicitation of illegal activity or in response to
a lawful court order or subpoena. In addition, We can (and You hereby expressly
authorize Us to) disclose any information about You to law enforcement or other
government officials, as we, in Our sole discretion, believe necessary or
appropriate in connection with the investigation and/or resolution of possible
crimes, especially those that may involve personal injury.
We reserve the right, but has no obligation, to monitor the
materials posted on the Platform. Callbok shall have the right to remove or
edit any content that in its sole discretion violates, or is alleged to
violate, any applicable law or either the spirit or letter of these Terms of
Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT
OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please
be advised that such Content posted does not necessarily reflect Callbok views.
In no event shall Callbok assume or have any responsibility or liability for
any Content posted or for any claims, damages or losses resulting from use of
Content and/or appearance of Content on the Platform. You hereby represent and
warrant that You have all necessary rights in and to all Content which You
provide and all information it contains and that such Content shall not
infringe any proprietary or other rights of third parties or contain any
libellous, tortious, or otherwise unlawful information.
1. Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the Platform,
including payment and delivery of related products or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between You and such advertiser. We shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Platform.
2. It is possible that other users (including unauthorized
users or "hackers") may post or transmit offensive or obscene
materials on the Platform and that You may be involuntarily exposed to such
offensive and obscene materials. It also is possible for others to obtain
personal information about You due to your use of the Platform, and that the
recipient may use such information to harass or injure You. We does not approve
of such unauthorized uses, but by using the Platform You acknowledge and agree
that We are not responsible for the use of any personal information that You
publicly disclose or share with others on the Platform. Please carefully select
the type of information that You publicly disclose or share with others on the
Platform.
3. Callbok shall have all the rights to take necessary action
and claim damages that may occur due to your involvement/participation in any
way on your own or through group/s of people, intentionally or unintentionally
in DoS/DDoS (Distributed Denial of Services).
4. If you choose to browse or transact on the Platform using
the voice inmand-based shopping
feature, you acknowledge that Callbok and/or its affiliates will collect, store
and use your voice inputs on this feature to customize your experience and
provide additional functionality as well as to improve Callbok’s and/or its
affiliates’ products and services. Callbok’s and/or its affiliates’ use of your
voice data will be in accordance with the Callbok Privacy Policy. You accept
that your use of this feature is restricted to the territory of the Republic of
India. This feature may not be accessible on certain devices and requires an
internet connection. Callbok reserves the right to change, enhance, suspend, or
discontinue this feature, or any part of it, at any time without notice to you.
Your continued use of this feature constitutes your acceptance of the terms
related to this feature.
5.
You acknowledge and agree that the
Hindi, Telugu, Tamil, Kannada and Marathi, Bengali, Gujarati , Odia, Malayalam,
Punjabi & Assamese translation features are made available on the Platform
on a reasonable effort basis for convenience only, without any representation
or warranties by Callbok, express or implied, including the translations being
error free, their accuracy, inpleteness or reliability. Under the translation
feature, You will have the option to adding delivery addresses in the language
selected by You out of the featured languages. Such delivery addresses shall be
transliterated in English language for processing, handling and fulfilling Your
orders on the Platform. Callbok expressly disclaims any liability of any nature
whatsoever arising from or related to the said translation/transliteration
features on the Platform. Some features and sections on the Platform may not be
translated in the language selected by You [Hindi, Telugu, Tamil, Kannada,
Marathi, Bengali, Gujarati, Odia, Malayalam, Punjabi & Assamese language,
as applicable], and the English version of the same will be the definitive version.
In the event of any conflict or inconsistency between the translated terms and
the English version available on the Platform, the English version on the
Platform shall prevail. This feature may not be accessible on certain devices. Callbok
reserves the right to change, enhance, suspend, or discontinue this feature, or
any part of it, at any time without notice to You.
Contents
Posted on Platform
All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music and artwork (collectively,
"Content"), is a third party user generated content and Callbok has
no control over such third party user generated content as Callbok is merely an
intermediary for the purposes of this Terms of Use.
Except as expressly provided in these Terms of Use, no part
of the Platform and no Content may be copied, reproduced, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted or
distributed in any way (including "mirroring") to any other inputer,
server, Platform or other medium for publication or distribution or for any inmercial
enterprise, without Callbok's express prior written consent.
You may use information on the products and services
purposely made available on the Platform for downloading, provided that You (1)
do not remove any proprietary notice language in all copies of such documents,
(2) use such information only for your personal, non-inmercial informational
purpose and do not copy or post such information on any networked inputer or
broadcast it in any media, (3) make no modifications to any such information,
and (4) do not make any additional representations or warranties relating to
such documents.
You shall be responsible for any notes, messages, emails,
reviews, ratings, billboard postings, photos, drawings, profiles, opinions,
ideas, images, videos, audio files or other materials or information posted or
transmitted to the Platform (collectively, "Content"). Such Content
will beine Our property and You grant Us the worldwide, perpetual and
transferable rights in such Content. We shall be entitled to, consistent with
Our Privacy Policy as adopted in accordance with applicable law, use the
Content or any of its elements for any type of use forever, including but not
limited to promotional and advertising purposes and in any media whether now
known or hereafter devised, including the creation of derivative works that may
include the Content You provide. You agree that any Content You post may be
used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as
mentioned herein, and You are not entitled to any payment or other inpensation
for such use.
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR
SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT
OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN.
PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE
ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
Privacy
We view protection of Your privacy as a very important
principle. We understand clearly that You and Your Personal Information is one
of Our most important assets. We store and process Your Information including
any sensitive financial information collected (as defined under the Information
Technology Act, 2000), if any, on inputers that may be protected by physical as
well as reasonable technological security measures and procedures in accordance
with Information Technology Act 2000 and Rules there under.Our current Privacy
Policy is available at Privacy. Our current Privacy Policy is available at
Privacy. f You object to Your Information being transferred or used in this way
please do not use Platform. If You object to Your Information being transferred
or used in this way please do not use Platform.
We may share personal information with our other corporate
entities and affiliates. These entities and affiliatesmay market to you as a
result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This
disclosure may be required for us to provide youaccess to our Services, to inply
with our legal obligations, to enforce our User Agreement, to facilitate our
marketing and advertising activities, or to prevent, detect, mitigate, and investigate
fraudulent or illegal activities related to our Services. We do not disclose
your personal information to third parties for their marketing and advertising
purposes without your explicit consent.
We may disclose personal information if required to do so by
law or in the good faith belief that such disclosure is reasonably necessary to
respond to subpoenas, court orders, or other legal process. We may disclose
personal information to law enforcement offices, third party rights owners, or
others in the good faith belief that such disclosure is reasonably necessary
to: enforce our Terms or Privacy Policy; respond to claims that an
advertisement, posting or other content violates the rights of a third party;
or protect the rights, property or personal safety of our users or the general
public.
We and our affiliates will share / sell some or all of your
personal information with another business entity should we (or our assets)
plan to merge with, or be acquired by that business entity, or re-organization,
amalgamation, restructuring of business. Should such a transaction occur that
other business entity (or the new inbined entity) will be required to follow
this privacy policy with respect to your personal information.
Disclaimer
of Warranties and Liability
This Platform, all the materials and products (including but
not limited to software) and services, included on or otherwise made available
to You through this site are provided on "as is" and "as
available" basis without any representation or warranties, express or
implied except otherwise specified in writing. Without prejudice to the
forgoing paragraph, Callbok does not warrant that:
This Platform will be constantly available, or available at
all; or
The information on this Platform is inplete, true, accurate
or non-misleading.
Callbok will not be liable to You in any way or in relation
to the Contents of, or use of, or otherwise in connection with, the Platform. Callbok
does not warrant that this site; information, Content, materials, product (including
software) or services included on or otherwise made available to You through
the Platform; their servers; or electronic inmunication sent from Us are free
of viruses or other harmful inponents.
Nothing on Platform constitutes, or is meant to constitute,
advice of any kind. All the Products sold on Platform are governed by different
state laws and if Seller is unable to deliver such Products due to implications
of different state laws, Seller will return or will give credit for the amount
(if any) received in advance by Seller from the sale of such Product that could
not be delivered to You.
You will be required to enter a valid phone number while
placing an order on the Platform. By registering Your phone number with us, You
consent to be contacted by Us via phone calls, SMS notifications, mobile
applications and/or any other electronic mode of inmunication in case of any
order or shipment or delivery related updates. We will not use your personal
information to initiate any promotional phone calls or SMS.
Selling
As a registered seller, you are allowed to list item(s) for
sale on the Platform in accordance with the Policies which are incorporated by
way of reference in this Terms of Use. You must be legally able to sell the
item(s) you list for sale on our Platform. You must ensure that the listed
items do not infringe upon the intellectual property, trade secret or other
proprietary rights or rights of publicity or privacy rights of third parties.
Listings may only include text descriptions, graphics and pictures that
describe your item for sale. All listed items must be listed in an appropriate
category on the Platform. All listed items must be kept in stock for successful
fulfilment of sales.
The listing description of the item must not be misleading
and must describe actual condition of the product. If the item description does
not match the actual condition of the item, you agree to refund any amounts
that you may have received from the Buyer. You agree not to list a single
product in multiple quantities across various categories on the Platform. Callbok
reserves the right to delete such multiple listings of the same product listed
by you in various categories.
Services
Payment
While availing any of the payment method/s available on the
Platform, we will not be responsible or assume any liability, whatsoever in
respect of any loss or damage arising directly or indirectly to You due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and
between "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s
All payments made against the purchases/services on Platform
by you shall be inpulsorily in Indian Rupees acceptable in the Republic of
India. Platform will not facilitate transaction with respect to any other form
of currency with respect to the purchases made on Platform.
Before shipping / delivering your order to you, Seller may
request you to provide supporting documents (including but not limited to Govt.
issued ID and address proof) to establish the ownership of the payment
instrument used by you for your purchase. This is done in the interest of
providing a safe online shopping environment to Our Users.
Further:
1. Transactions, Transaction Price and all inmercial terms such
as Delivery, Dispatch of products and/or services are as per principal to
principal bipartite contractual obligations between Buyer and Seller and
payment facility is merely used by the Buyer and Seller to facilitate the inpletion
of the Transaction. Use of the payment facility shall not render Callbok liable
or responsible for the non-delivery, non-receipt, non-payment, damage, breach
of representations and warranties, non-provision of after sales or warranty
services or fraud as regards the products and /or services listed on Callbok's
Platform.
2. You have specifically authorized Callbok or its service
providers to collect, process, facilitate and remit payments and / or the
Transaction Price electronically or through Cash on Delivery to and from other
Users in respect of transactions through Payment Facility. Your relationship
with Callbok is on a principal to principal basis and by accepting these Terms
of Use you agree that Callbok is an independent contractor for all purposes,
and does not have control of or liability for the products or services that are
listed on Callbok's Platform that are paid for by using the Payment Facility. Callbok
does not guarantee the identity of any User nor does it ensure that a Buyer or
a Seller will inplete a transaction.
3. You understand, accept and agree that the payment facility
provided by Callbok is neither a banking nor financial service but is merely a
facilitator providing an electronic, automated online electronic payment,
receiving payment through Cash On Delivery, collection and remittance facility
for the Transactions on the Callbok Platform using the existing authorized
banking infrastructure and Credit Card payment gateway networks. Further, by
providing Payment Facility, Callbok is neither acting as trustees nor acting in
a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
1. You, as a Buyer, understand that upon initiating a
Transaction You are entering into a legally binding and enforceable contract
with the Seller to purchase the products and /or services from the Seller using
the Payment Facility, and You shall pay the Transaction Price through Your
Issuing Bank to the Seller using Payment Facility.
2. You, as a Buyer, may agree with the Seller through
electronic inmunication and electronic records and using the automated features
as may be provided by Payment Facility on any extension / increase in the
Dispatch and/or Delivery time and the Transaction shall stand amended to such
extent. Any such extension / increase of Dispatch / Delivery time or subsequent
novation / variation of the Transaction should be in inpliance with Payment
Facility Rules and Policies.
3. You, as a Buyer, shall electronically notify Payment
Facility using the appropriate Callbok Platform features immediately upon
Delivery or non Delivery within the time period as provided in Policies. Non
notification by You of Delivery or non Delivery within the time period
specified in the Policies shall be construed as a deemed Delivery in respect of
that Transaction. In case of Cash On Delivery transactions, Buyer is not
required to confirm the receipt of products or services.
4. You, as a Buyer, shall be entitled to claim a refund of the
Transaction Price (as Your sole and exclusive remedy) in case You do not
receive the Delivery within the time period agreed in the Transaction or within
the time period as provided in the Policies, whichever is earlier. In case you
do not raise a refund claim using Platform features within the stipulated time
than this would make You ineligible for a refund.
5. You, as a Buyer, understand that the Payment Facility may
not be available in full or in part for certain category of products and/or
services and/or Transactions as mentioned in the Policies and hence You may not
be entitled to a refund in respect of the Transactions for those products and
/or services
6. Except for Cash On Delivery transaction, refund, if any,
shall be made at the same Issuing Bank from where Transaction Price was
received, or through any other method available on the Platform, as chosen by
You.
7. For Cash On Delivery transactions, refunds, if any, will be
made via electronic payment transfers.
8. Refund shall be made in Indian Rupees only and shall be
equivalent to the Transaction Price received in Indian Rupees.
9. For electronics payments, refund shall be made through
payment facility using NEFT / RTGS or any other online banking / electronic
funds transfer system approved by Reserve Bank India (RBI).
10. Refunds may be supported for select banks. Where a bank is
not supported for processing refunds, You will be required to share alternate
bank account details with us for processing the refund.
11. Refund shall be conditional and shall be with recourse
available to Callbok in case of any misuse by Buyer.
12. We may also request you for additional documents for
verification.
13. Refund shall be subject to Buyer inplying with Policies.
14. Callbok reserves the right to impose limits on the number of
Transactions or Transaction Price which Callbok may receive from on an
individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other
infrastructure or any other financial instrument directly or indirectly through
payment aggregator or through any such facility authorized by Reserve Bank of
India to provide enabling support facility for collection and remittance of
payment or by an individual Buyer during any time period, and reserves the
right to refuse to process Transactions exceeding such limit.
15. Callbok reserves the right to refuse to process Transactions
by Buyers with a prior history of questionable charges including without
limitation breach of any agreements by Buyer with Callbok or breach/violation
of any law or any charges imposed by Issuing Bank or breach of any policy.
16. Callbok may do such checks as it deems fit before approving
the receipt of/Buyers inmitment to pay (for Cash On Delivery transactions)
Transaction Price from the Buyer for security or other reasons at the
discretion of Callbok. As a result of such check if Callbok is not satisfied
with the creditability of the Buyer or genuineness of the Transaction or other
reasons at its sole discretion, Callbok shall have the right to reject the
receipt of / Buyers inmitment to pay Transaction Price. For avoidance of doubt,
it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be
disabled for certain account users, at the sole discretion of Callbok.
17. Callbok may delay notifying the payment confirmation i.e.
informing Seller to Dispatch, if Callbok deems suspicious or for Buyers
conducting high transaction volumes to ensure safety of the Transaction and
Transaction Price. In addition, Callbok may hold Transaction Price and Callbok
may not inform Seller to Dispatch or remit Transaction Price to law enforcement
officials (instead of refunding the same to Buyer) at the request of law
enforcement officials or in the event the Buyer is engaged in any form of
illegal activity.
18. The Buyer and Seller acknowledge that Callbok will not be
liable for any damages, interests or claims etc. resulting from not processing
a Transaction/Transaction Price or any delay in processing a
Transaction/Transaction Price which is beyond control of Callbok.
Inpliance with Laws:
1. As required by applicable law, if the Customer makes a
purchase of an amount equal to or above INR 2 00 000.00, the Customer will be
required to upload a scanned copy of his/her PAN card on the Platform, within 4
days of making the purchase, failing which, the purchase made by the Customer
will be cancelled. The requirement to submit the PAN card arises only once and
if it has been submitted once by the Customer, it need not be submitted again.
The order of the Customer shall stand cancelled if there is a discrepancy
between the name of the Customer and the name on the PAN Card.
2. Buyer and Seller shall inply with all the applicable laws
(including without limitation Foreign Exchange Management Act, 1999 and the
rules made and notifications issued there under and the Exchange Control Manual
as may be issued by Reserve Bank of India from time to time, Customs Act,
Information and Technology Act, 2000 as amended by the Information Technology
(Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules
made there under, Foreign Contribution Regulation Act, 1976 and the rules made
there under, Inine Tax Act, 1961 and the rules made there under, Export Import
Policy of government of India) applicable to them respectively for using
Payment Facility and Callbok Platform.
Buyer's arrangement with Issuing Bank:
1. All Valid Credit / Debit/ Cash Card/ and other payment
instruments are processed using a Credit Card payment gateway or appropriate
payment system infrastructure and the same will also be governed by the terms
and conditions agreed to between the Buyer and the respective Issuing Bank and
payment instrument issuing inpany.
2. All Online Bank Transfers from Valid Bank Accounts are
processed using the gateway provided by the respective Issuing Bank which
support Payment Facility to provide these services to the Users. All such
Online Bank Transfers on Payment Facility are also governed by the terms and
conditions agreed to between Buyer and the respective Issuing Bank.
Callbok's
Replacement Guarantee*
Callbok's Replacement Guarantee seeks to assist Buyers who
have been defrauded by qualified sellers on the Platform. The return policy
period (Callbok's Replacement Guarantee) depends on the product category and
the seller. Kindly click here to know the return policy period applicable for
different categories. If at the time of delivery and/or within the applicable
return policy period, if any defect is found, then the buyer of the product/s
can ask for replacement of the product/s from the seller subject to the
following terms and conditions
1. Notify seller of any defects in the product/s at the time of
delivery of the product/s and/or within the applicable return policy period and
the same product/s will be replaced in return of the defective product/s.
2. Replacement can be for the entire product/s or part/s of the
product subject to availability of the same with the seller.
Following products shall not be eligible for return or
replacement:
a. Damages due to misuse of product;
b. Incidental damage due to malfunctioning of product;
c. Any consumable item which has been used/installed;
d. Products with tampered or missing serial/UPC numbers;
e. Digital products/services (Call music downloads)
f. Any damage/defect which are not covered under the
manufacturer's warranty
g. Any product that is returned without all original
packaging and accessories, including the box, manufacturer's packaging if any,
and all other items originally included with the product/s delivered;
h. Jewellery which is 'made to order' on customer's request
On Clothing and Footwear, qualified sellers accept 30 day exchange
subject to the following conditions:
Clothes and footwear are not used (other than for trial),
altered, washed, soiled or damaged in any way.
Original tags and packaging should be intact. For items that
ine in branded packaging, the box should be undamaged.
Returns are not applicable for 'Made to order' jewellery,
Innerwear, lingerie, socks, clothing freebies, etc.
Damaged or defective or 'Not as described' products in
Lifestyle category (includes clothing, footwear, etc.) are meanwhile covered by
the 30 Day Replacement Guarantee. Kindly click here to know the return policy
period (Replacement Guarantee) applicable for different categories.
If Callbok has any suspicion or knowledge that any of its
buyers and sellers are involved in any activity that is intended to provide
claims or information that is false or not genuine, Callbok may also, while
reserving its rights to initiate civil and/or criminal proceedings against such
member buyers and sellers, at its sole discretion, suspend, block, restrict,
cancel the Display Name of such buyers and sellers and/or disqualify that user
and any related users from availing protection through this program. Customers
who have been blocked for any suspicious or fraudulent activity on Callbok will
not be allowed to return their products.
Callbok reserves its right to initiate civil and/or criminal
proceedings against a user who, files a invalid and/or false claims or provides
false, ininplete, or misleading information. In addition to the legal
proceedings as aforesaid, Callbok may at its sole discretion suspend, block,
restrict, cancel the Display Name [and its related Display Names] of such user
and/or disqualify that user and any related users from availing protection
through this program. Any person who, knowingly and with intent to injure,
defraud or deceive, files a Fraudulent Inplaint containing false, ininplete, or
misleading information may be guilty of a criminal offence and will be
prosecuted to the fullest extent of the law.
Exchange Offers:
By participating in the exchange I confirm that I am the
sole and absolute owner and/or user of the product mentioned above (device).
I confirm that device which I am exchanging under the
buyback program is genuine and is not counterfeit, free from any and all encumbrances,
liens, attachments, disputes, legal flaws, exchange or any Agreement of Sale
etc. and I have got the clear ownership of the said device.
You agree to indemnity and keep indemnifying Callbok.in and
any future buyer of the device against all or any third party claims, demand,
cost, expenses including attorney fees which may be suffered, incurred,
undergone and / or sustained by Callbok.in, its affiliates or any future buyer
due to usage of the device by you till date and you undertake to make good the
same.
I confirm that all the data in the said device will be
erased before handing it over under buy back program. I also confirm that in
spite of erasing the data manually/electronically, if any data still accessible
due any technical reason, Callbok.in, Seller or the Manufacturer shall not be
responsible for the same and I will not approach Callbok.in for any retrieval
of the data.
I hereby give my consent that my personal information that I
have provided in connection with this buyback program might be processed,
transferred and retained by the retailer and other entities involved in
managing the program for the purposes of validating the information that I
provided herein and for the administration of the program.
I agree to indemnity and keep indemnifying the Callbok.in
and any future buyer of the old device against all or any third party claims,
demand, cost, expenses including attorney fees which may be suffered, incurred,
undergone and / or sustained by Callbok.in, its affiliates or any future buyer
due to usage of the device by me till date and I undertake to make good the
same.
I understand once a device is sent by me to Callbok, in no
scenario can this device be returned back to me.
I understand that the new device delivery and the old device
pickup will happen simultaneously (hand in hand) and I shall keep the old
device ready to be given for exchange.
Products distributed as gifts from state sponsored or NGO
funded distribution programs are not accepted for exchange under exchange
offers.
Digital
Content: Music
Music (MP3 format): Only certain short listed Seller (at the
sole discretion of Callbok) shall be entitled to sell Music (MP3 format) on the
Platform. You may be able to purchase DRM-free digital music in MP3 file format
on the Platform from the respective Sellers. Such MP3 music files shall be
provided to You as per selection provided by Seller, subject to certain
limitations as described by the Seller. You shall be granted specified download
rights of DRM-free MP3 music files from the catalogue of MP3 music displayed on
the Platform. The MP3 music may include full-length MP3 audio tracks at best
available bit rate and certain other premium features, as may be provided on
the Platform by respective Sellers from time to time.
Territory: Currently You can purchase downloadable digital
MP3 music only through the Platform and Call Music Application as may be made
available from time to time on the Platform, only within the territory of
India.
Rights Granted: Music download right is a non-exclusive,
non-transferable right to use for your personal, non-inmercial, entertainment
use, subject to and in accordance with the Terms of Use. You may copy, store,
transfer and burn the MP3 music file only for your personal, non-inmercial,
entertainment use, subject to and in accordance with the Terms of Use. You
represent, warrant and agree that You will use the MP3 music file only for your
personal, non-inmercial, entertainment use and not for any redistribution of
the same or other use restricted in this Section. You agree not to infringe the
rights of the copyright owners and to inply with all applicable laws in your
use of the MP3 music file. You agree that You will not redistribute, transmit,
assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or
otherwise transfer or use MP3 music file. You are not granted any
synchronization, public performance, promotional use, inmercial sale, resale,
reproduction or distribution rights for MP3 music file. You acknowledge that
the MP3 music file embodies the intellectual property of a third party and is
protected by law.
Explicit Consent: You agree that we shall have no liability
to You for MP3 music file downloaded by You on the Platform if You find the
same to be offensive, indecent or objectionable and expressions through the
audio files are not subscribed by us.
Cash on Delivery as a mode of payment is not available for
purchasing MP3 music on the Platform currently.
All Sales Final; Downloading and
Risk of Loss; Availability of MP3 music files: All sales of MP3 music files are
final. Returns of MP3 music files are not permissible on Platform. Once You
have purchased MP3 music files, Callbok encourages You to download it promptly.
If You are unable to inplete a download, please contact customer service within
6 hours of the payment.
Further Callbok assumes no liability if your media player
does not support the file format made available by the Seller on the Platform
or your browser does not support the music download application / software
available by the Seller on the Platform, by whatever name called.
You bear all risk of loss after purchase and for any loss of
MP3 music files You have downloaded, including any loss due to a inputer or hard
drive crash.
Seller may, from time to time, at its sole discretion,
remove MP3 music files from the Service without notice.
Intellectual Property Rights: It is hereby specifically
recorded that the copyright and other Intellectual Property in the music
available on the Platform is the sole and exclusive property of third parties.
Seller represents and warrants that Sellers are authorized by such third
parties to upload the music on the Platform for license of use to the end
customers. Intellectual Property Rights for the purpose of this Terms of Use
shall always mean and include copyrights whether registered or not, patents
including rights of filing patents, trademarks, trade names, trade dresses,
house marks, collective marks, associate marks and the right to register them,
designs both industrial and layout, geographical indicators, moral rights,
broadcasting rights, displaying rights, distribution rights, selling rights,
abridged rights, translating rights, reproducing rights, performing rights, inmunicating
rights, adapting rights, circulating rights, protected rights, joint rights,
reciprocating rights, infringement rights. All those Intellectual Property
rights arising as a result of domain names, internet or any other right
available under applicable law shall vest in the domain of Callbok as the owner
of such domain name. The Parties hereto agree and confirm that no part of any
Intellectual Property rights mentioned hereinabove is transferred in the name
of User and any intellectual property rights arising as a result of these
presents shall also be in the absolute ownership, possession and Our control or
control of its licensors, as the case may be.
Your request to download a MP3 music file is personal to
You, and the track may not be used, sold, rented, transferred, licensed or
otherwise provided to any other User. The license to downloaded tracks includes
only those rights explicitly stated herein (typically, the right to play back
for your own personal use from your personal inputer, CD player, digital
player, or other personal consumer electronic device), and, for the avoidance
of doubt, does not include the right to create a derivative work, to make
copies other than for your own personal use, or to use the track in any inmercial
manner. You shall promptly notify Us in writing upon your discovery of any
unauthorized use or infringement.
Software: Seller may make available to You, from time to
time, software for Your use in connection with the download of MP3 music files
(any and all such software, individually and collectively, the
"Software").
You may use the Software only in connection with the
download of MP3 music files on the Platform. You may not separate any
individual inponent of the Software for use other than in connection to the download,
may not incorporate any portion of it into Your own programs or inpile any
portion of it in inbination with your own programs, may not transfer it for use
with another service, or use it, or any portion of it, over a network and may
not sell, rent, lease, lend, loan, distribute or sub-license the Software or
otherwise assign any rights to the Software in whole or in part. Seller may
discontinue some or all of any Software Seller provide, and Seller may
terminate your right to use any Software at any time and in such event may
modify it to make it inoperable.
Without limiting the Disclaimer of Warranties and Limitation
of Liability in this terms of use, (i) in no event shall Our or software
licensors' total liability to You for all damages arising out of or related to
your use or inability to use the Software and / or download manager or any
other application exceed the amount of ₹20; and (ii) in no event shall Our or
Our Digital Content providers' total liability to You for all damages arising from
your use of the Service, the Digital Content, or information, materials or
products included on or otherwise made available to You through the Service
(excluding the Software), exceed the amount You paid to purchase, on the
Service, the Digital Content related to Your claim for damages.
Digital
Content: eBooks
ebook (ePub format): You will be able to purchase
DRM-encrypted eBooks in ePub file format on the Callbok Platform and the Call
eBooks application. Such ePub files shall be provided to you as per your
selection, subject to certain limitations as described herein. You shall be
granted specified download rights of DRM-encrypted ePub files from the catalog
of eBooks displayed on the Platform.
Download rights: You will need to be registered with Callbok
to make an ebook purchase. The eBooks which you purchase from the Callbok
Platform or Call eBooks application shall be added in your Callbok eBooks
library from where you can download the eBooks onto your device(/s). Each
downloaded ebook is locked to the User account and the downloader device. These
downloaded eBooks cannot be transferred onto other devices. Each device used by
you will have to be synced with your online eBooks library. You can sync a
maximum of six(6) devices against your user account. You can download the
eBooks to your mobile or tablet devices for offline reading and can read the
eBooks using the Call eBooks Application only.
Call eBooks application: Call eBooks application will enable
you to read the digital books purchased from the Call eBooks store, on your
mobile or tablet devices. The app also has an in-app Call eBooks store where
the user can quickly purchase eBooks. The Call eBooks app will be available in
the Android platform. The Android app will be inpatible with both mobiles and
tablet devices. You can download the Call eBooks android app for free from the Callbok
Platform and also Google Play.
Territory: Currently you can purchase downloadable eBooks
only through the Platform and Call eBooks Application as may be made available
from time to time on the Platform, only within the territory of India. You have
to be within the Indian Territory to even download the already purchased files
from your Callbok eBooks library.
DRM Specifications: The DRM (Digital Rights Management)
enables us to restrict certain permissions. The Call DRM specifications
restrict the following permissions:
Default Restrictions |
Callbok Settings |
Printing |
Not Allowed |
Copying |
Not Allowed |
Side-Loading (from one device to other) |
Not Allowed |
e-mailing |
Not Allowed |
Saving Images |
Not Allowed |
Read out aloud |
Not Allowed |
Number of distinct devices for file downloading |
Allowed (Six) |
Social media sharing |
140 word |
Rights Granted: Upon your payment of our fees for ebook, we
grant you a non-exclusive, non-transferable right to use the downloaded ebook
for your personal, non-inmercial, entertainment use, subject to and in
accordance with the Terms of Use. You may store the ebook only for your
personal, non-inmercial, entertainment use, subject to and in accordance with
the Terms of Use.
You represent, warrant and agree that you will use the ebook
only for your personal, non-inmercial, entertainment use and not for any
redistribution of the same or other use restricted in this Section. You agree
not to infringe the rights of the copyright owners and to inply with all
applicable laws in your use of the ebook. You agree that you will not
redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify,
adapt, edit, license or otherwise transfer or use ebook.
You are not granted any synchronization, public performance,
promotional use, inmercial sale, resale, reproduction or distribution rights
for ebook. You acknowledge that the ebook embodies the intellectual property of
a third party and is protected by law.
Explicit Consent: You agree that we shall have no liability
to you for ebook downloaded by You on the Platform or Call Apps if you find the
same to be offensive, indecent or objectionable.
Payment: The Price List for each downloadable ebook displayed
on the Platform represents the full retail price (inclusive of all taxes unless
specified otherwise) for said downloadable ebook. You shall pay for such
downloadable ebook using one of the payment options available on the Platform.
The Price List mentions the prices of each downloadable
ebook and the User shall pay in Indian Currency (i.e. Indian Rupee). We reserve
our right to change the prices of the ebook and services and the availability
of the same at our sole discretion.
Callbok will allow the user to buy ebook using the following
forms of payments.
--> Credit Cards
--> Internet Banking
--> Debit Cards
--> Callbok Wallet
--> any other mode of payment, as may be decided and made
available on the Platform.
Please note that payment can be made only in India Rupees
and all the above payment instruments must have been issued by entities
operating in India and subject to Indian regulations.
Cash on Delivery as a mode of payment is not available for
purchasing ebook on the Platform currently.
Payment made by credit card or any other mode as mentioned
above should be received by us on time. If for any reason we do not receive
payment from the credit card issuer or any agent involved in any of the above
payment modes, You agree that you shall pay all amounts due upon demand by us.
All Sales Final; Downloading and
Risk of Loss; Availability of eBooks. All sales of eBooks are final. We do not
accept returns of eBooks. Once you have purchased eBooks, we encourage you to
download it promptly. If you are unable to inplete a download, please
contact customer service within
30 days of the payment. The ebook will be removed from your library and the
amount that was charged during the payment will be refunded in the form of
store credit. The eBooks will also be replaced in cases of genuine technical
errors as mentioned in the replacement policy.
You bear all risk of loss after purchase and for any loss of
eBooks you have downloaded, including any loss due to a inputer or hard drive
crash. We may, from time to time, at our sole discretion remove eBooks from the
Service without notice.
Intellectual Property Rights: It is hereby specifically
recorded that the copyright and other Intellectual Property in the ebook available
on the Platform is the sole and exclusive property of third parties. We are
authorised by such third parties to upload the ebook on the Platform for
license of use to the end customers. Intellectual Property Rights for the
purpose of this Agreement shall always mean and include copyrights whether
registered or not, patents including rights of filing patents, trademarks,
trade names, trade dresses, house marks, collective marks, associate marks and
the right to register them, designs both industrial and layout, geographical
indicators, moral rights, broadcasting rights, displaying rights, distribution
rights, selling rights, abridged rights, translating rights, reproducing
rights, performing rights, inmunicating rights, adapting rights, circulating
rights, protected rights, joint rights, reciprocating rights, infringement
rights. All those Intellectual Property rights arising as a result of domain
names, internet or any other right available under applicable law shall vest in
the domain of Callbok India as the owner of such domain name. The Parties
hereto agree and confirm that no part of any Intellectual Property rights
mentioned hereinabove is transferred in the name of User and any intellectual
property rights arising as a result of these presents shall also be in the
absolute ownership, possession and our control or control of its licensors, as
the case may be.
Your request to download an ebook is personal to you, and
the ebook may not be used, sold, rented, transferred, licensed or otherwise
provided to any other user. The license to downloaded eBooks includes only
those rights explicitly stated herein (typically, the right to read the ebook
in Call eBooks Application), and, for the avoidance of doubt, does not include
the right to create a derivative work, to make copies, or to use the ebook in
any inmercial manner. You shall promptly notify us in writing upon your
discovery of any unauthorized use or infringement.
Software: We may make available to you, from time to time,
software or updates for your use in connection with the download of eBooks (any
and all such software, individually and collectively, the
"Software").
You may use the Software only in connection with the
download of eBooks on the Platform. You may not separate any individual inponent
of the Software for use other than in connection to the download, may not
incorporate any portion of it into Your own programs or inpile any portion of
it in inbination with your own programs, may not transfer it for use with
another service, or use it, or any portion of it, over a network and may not
sell, rent, lease, lend, loan, distribute or sub-license the Software or
otherwise assign any rights to the Software in whole or in part. We may
discontinue some or all of any Software we provide, and we may terminate your
right to use any Software at any time and in such event may modify it to make
it inoperable.
Without limiting the Disclaimer of Warranties and Limitation
of Liability in this terms of use, in no event shall our or our and/or our
Digital Content providers' total liability to You for all damages arising from
your use of the Service, the Digital Content, or information, materials or
products included on or otherwise made available to You through the Service
(excluding the Software), exceed the amount You paid to purchase, on the
Service, the Digital Content related to Your claim for damages.
Digital
Content: Callbok Ideas
1. These Terms of Service (“Terms”) govern your access to and
use of Callbok Ideas (hereinafter referred to as “Content”). By viewing the
Contents you agree to be bound by these Terms. Content posted on the Platform
is public and can be viewed by everyone who can see the Page.
2. Callbok is hosting the Content generated by third party
users (“Content Owner”), within the CB Platform for convenience of Platform
Users, and as such, Callbok has no ownership or control whatsoever in the
Contents displayed. The Contents posted by the Content Owners are of personal
views wherein Callbok plays no role in creating/developing the Content. You are
responsible for your use of the Platform for viewing the Content.
3. By hosting the Content on the Platform, Callbok is neither
guaranteeing nor giving any warranty nor making any representation with respect
to the Contents. Callbok is neither endorsing the views, products or the
Services, nor is it responsible for quality or features of the content
displayed on the Platform.
4. Any information on the Platform, whether the content or any
other information, have not been verified by Callbok, therefore, Callbok shall
not be responsible for any such content or information. Callbok will not bear
any obligation or liability if You rely on the Contents.
5. If You choose to view or rely, Callbok will neither be a
party to nor in any manner concerned with the same nor be liable or responsible
for any act or omission of the Content Owner.
6. You hereby acknowledge that the Contents are created and
owned by Content Owners who own all the rights including the copyrights in the
contents. The Contents are available on the Platform for personal use only and
you shall not use it for any inmercial, promotional, resale or further
distribution purposes.
7. Any use or reliance on any Content or materials obtained by
you through the Content is at your own risk. We do not endorse, support,
represent or guarantee the inpleteness, truthfulness, accuracy, or reliability
of any Content or inmunications posted on the Platform or endorse any opinions
expressed via the contents. You understand that by using the Platform, you may
be exposed to Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or are
otherwise deceptive. All Content is the sole responsibility of the person who
originated such Content. Callbok may not monitor or control the Content posted
on the Platform and, we do not take responsibility for such Content.
8. We reserve the right to remove Content that violates the
Terms of Use, including for example, copyright or trademark violations,
impersonation, unlawful conduct, or harassment.
9. If you see an offensive, abusive, or any unlawful content on
the Platform, you can report it to [email protected]
10. You may find content that offends you or that you simply
don’t like, but that doesn’t violate the content guidelines. If that happens,
you can unfollow the user who posted it or hide the post
11. Your access to and use of the Services or any Content are at
your own risk. You understand and agree that the Services are provided to you
on an “AS IS” and “AS AVAILABLE” basis. Callbok makes no warranty or
representation and disclaim all responsibility and liability for: (i) the inpleteness,
accuracy, availability, timeliness, security or reliability of any Content;
(ii) any harm to your inputer system, loss of data, or other harm that results
from your access to or use of any Content; (iii) the deletion of, or the
failure to store or to transmit, any Content and other inmunications maintained
by the Services; and (iv) whether the Services will meet your requirements or
be available on an uninterrupted, secure, or error-free basis. No advice or
information, whether oral or written, obtained through the Content, will create
any warranty or representation not expressly made herein.
12. By using the Services you agree that Callbok, its parents,
affiliates, related inpanies, officers, directors, employees, agents
representatives, partners and licensors, liability is limited to the maximum
extent permissible by Law.
13. We may revise these Terms from time to time.
Digital
Content: Callbok Video
1.
These Terms of Service (“Terms”)
govern your access to and use of Callbok Video (hereinafter referred to as
“Content”). By viewing the Contents you agree to be bound by these Terms.
Content posted on the Platform is public and can be viewed by everyone who can
see the Page.
2.
The Content is being hosted on Callbok
mobile App only (“Platform”), that is owned and operated by Callbok India (“Callbok”,
“We” or “Our”).
3.
Use of Callbok Services is available
only to persons who can form a legally binding contract under the Indian
Contract Act, 1872.You must be 18 years of age, to avail the Services. Minors
may only use the service under the supervision of an adult.
4.
Callbok is hosting the Content
generated by third parties (“Platform Partners/Content Owners”) as well as Callbok
(“Callbok Original”) (collectively referred as “Content”) , within the CB
Platform for convenience of Platform Users free of cost that will allow you to
access the digital Content.. As such, Callbok has no ownership or control whatsoever
in the Contents displayed which are third party generated. The Contents posted
(other than Callbok Originals) are third party generated contents wherein Callbok
plays no role in creating/developing the Content. You are responsible for your
use of the Platform for viewing the Content.
5.
By hosting the Content on the
Platform, Callbok is neither guaranteeing nor giving any warranty nor making
any representation with respect to the Contents. Callbok is neither endorsing
the views, products or the Services, nor is it responsible for quality or
features of the content displayed on the Platform.
6.
Any information on the Platform,
whether the content or any other information (other than Callbok Original),
have not been verified by Callbok, therefore, Callbok shall not be responsible
for any such content or information. Callbok will not bear any obligation or
liability if You rely on the Contents.
7.
If You choose to view or rely, Callbok
will neither be a party to nor in any manner concerned with the same nor be liable
or responsible for any act or omission of the Content Owner.
8.
You hereby acknowledge that the
Contents are created and owned by Content Owners who own all the rights
including the copyrights in the contents. The Contents are available on the
Platform for personal and non-inmercial use only and you shall not use it for
any inmercial, promotional, resale, further distribution or any other
unauthorized purposes. You agree not to use the service for public
performances.
9.
You further acknowledge that all the
intellectual property rights contained in Callbok Original contents are solely
owned by Callbok. During your Callbok membership we grant you a limited,
non-exclusive, non-transferable, revocable right to access the Callbok Video
service and view the Content. Except for the foregoing, no right, title or
interest shall be transferred to you.
10.
We can terminate your account or
place your account on hold in order to protect our/Partners interest from an
actual, probable or suspected theft or other fraudulent activity.
11.
Any use or reliance on any Content
or materials obtained by you through the Content is at your own risk. We do not
endorse, support, represent or guarantee the inpleteness, truthfulness,
accuracy, or reliability of any Content or inmunications posted on the Platform
or endorse any opinions expressed via the contents. You understand that by
using the Platform, you may be exposed to Content that might be offensive,
harmful, inaccurate or otherwise inappropriate, or in some cases, postings that
have been mislabeled or are otherwise deceptive. All Content is the sole
responsibility of the Content Owners who originated such Content. Callbok may
not monitor or control the Content posted on the Platform and, we do not take
responsibility for such Content.
12.
We reserve the right to remove
Content that violates the Terms of Use, including for example, copyright or
trademark violations, impersonation, unlawful conduct, or harassment.
13.
We may use information such as
device ID, location or an account email address used with an existing Callbok
account to determine eligibility and any offers therof.
14.
We may share personal information
with our other corporate entities and Platform Partners only for the purposes
of giving enhanced customer services. You hereby consent to sharing your
information with Third parties unless you specifically opt out. Also, your
access to the Services may also be occasionally suspended or restricted to
allow for repairs, maintenance, or the introduction of new facilities or
services at any time without prior notice. We will attempt to limit the
frequency and duration of any such suspension or restriction.
15.
If you see an offensive, abusive, or
any unlawful content on the Platform, you can report it to customer care of Callbok.
16.
Your access to and use of the
Services or any Content are at your own risk. You understand and agree that the
Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Callbok
makes no warranty or representation and disclaim all responsibility and
liability for: (i) the inpleteness, accuracy, availability, timeliness,
security or reliability of any Content; (ii) any harm to your inputer system,
loss of data, or other harm that results from your access to or use of any
Content; (iii) the deletion of, or the failure to store or to transmit, any
Content and other inmunications maintained by the Services; and (iv) whether
the Services will meet your requirements or be available on an uninterrupted,
secure, or error-free basis. No advice or information, whether oral or written,
obtained through the Content, will create any warranty or representation not
expressly made herein.
17.
By using the Services you agree that
Callbok, its parents, affiliates, related inpanies, officers, directors,
employees, agents representatives, partners and licensors, liability is limited
to the maximum extent permissible by Law.
18.
You shall indemnify and hold
harmless Callbok its owner, licensee, affiliates, subsidiaries, group inpanies,
partners (as applicable) and their respective officers, directors, agents, and
employees from any claim, demand, or actions including reasonable attorneys'
fees made by any third party or penalty imposed due to or arising out of your
breach of the ToU, privacy policy and other policies or your violation of any law,
rules, regulations or the rights (including infringement of intellectual
property rights) of a third party.
19.
Governing laws: The ToU shall be
governed, interpreted, and construed in accordance with the laws of India. The
place of jurisdiction shall exclusively be Bangalore.
20.
We may revise these Terms from time
to time.
Indemnity
You shall indemnify and hold harmless Callbok, its owner,
licensee, affiliates, subsidiaries, group inpanies (as applicable) and their
respective officers, directors, agents, and employees, from any claim or
demand, or actions including reasonable attorneys' fees, made by any third
party or penalty imposed due to or arising out of Your breach of this Terms of
Use, privacy Policy and other Policies, or Your violation of any law, rules or
regulations or the rights (including infringement of intellectual property
rights) of a third party.
Applicable
Law
Terms of Use shall be governed by and interpreted and
construed in accordance with the laws of India. The place of jurisdiction shall
be exclusively in Faridabad.
Jurisdictional
Issues/Sale in India Only
Unless otherwise specified, the material on the Platform is
presented solely for the purpose of sale in India. Callbok make no
representation that materials in the Platform are appropriate or available for
use in other locations/Countries other than India. Those who choose to access
this site from other locations/Countries other than India do so on their own
initiative and Callbok is not responsible for supply of products/refund for the
products ordered from other locations/Countries other than India, inpliance
with local laws, if and to the extent local laws are applicable.
Trademark,
Copyright and Restriction
This site is controlled and operated by Callbok and products
are sold by respective Sellers. All material on this site, including images,
illustrations, audio clips, and video clips, are protected by copyrights,
trademarks, and other intellectual property rights. Material on Platform is
solely for Your personal, non-inmercial use. You must not copy, reproduce,
republish, upload, post, transmit or distribute such material in any way,
including by email or other electronic means and whether directly or indirectly
and You must not assist any other person to do so. Without the prior written
consent of the owner, modification of the materials, use of the materials on
any other Platform or networked inputer environment or use of the materials for
any purpose other than personal, non-inmercial use is a violation of the
copyrights, trademarks and other proprietary rights, and is prohibited. Any use
for which You receive any remuneration, whether in money or otherwise, is a inmercial
use for the purposes of this clause.
Trademark inplaint
Callbok respects the intellectual property of others. In
case You feel that Your Trademark has been infringed, You can write to Callbok
at [email protected] or [email protected].
Product
Description
Callbok we do not warrant that Product description or other
content of this Platform is accurate, inplete, reliable, current, or error-free
and assumes no liability in this regard.
Limitation
of Liability
IN NO EVENT SHALL CALLBOK BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH
THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES.
Contact
Us
Please contact us for any questions
or inments (including all inquiries unrelated to copyright infringement)
regarding this platform through the link: https://www.Callbok.in/helpcentre.
Grievance officer
In accordance with Information Technology Act 2000 and rules
made there under and the Consumer Protection (E-Inmerce) Rules, 2020, the name
and contact details of the Grievance Officer are provided below:
Mr. M.K. Parashar
Designation: Senior Manager
Callbok India,
207, H-73, H Block,
Sector 63, Noida
Near Electronic City
Noida, Gautambuddha Nagar
Uttar Pradesh-201301, India
contact us
Email: [email protected]
Phone: +91-880-216-4202
Time: Mon - Sat (9:00 - 18:00)
Customer Support: You can reach our
customer support team to address any of your queries or inplaints by clicking
the link, selecting your order and choosing 'Need Help' option: https://www.Callbok.in/helpcentre
POLICIES
Profanity
Policy
Callbok prohibits the use of language that is racist,
hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on Seller pages
and all other areas of the site that another User may view. If the profane
words are part of a title for the item being sold, we allow Sellers to 'blur'
out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct
area for review:
·
Report offensive Display Names
·
Report offensive language in a
listing or otherwise
If a feedback inment; or any inmunication made between Users
on the Platform; or email inmunication between Users in relation to
transactions conducted on Platform contain profanity, please review Our
feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension
of a User's account, temporary suspension, or a formal warning.
Callbok will consider the circumstances of an alleged policy
violation and the user's trading records before taking action.
Violations of this policy may result in a range of actions,
including:
1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension.
Callbok shall have the right to delete a product review
posted by the customer at its sole discretion, if it is of the opinion that the
review contains offensive language as stated above. Further, if Callbok is of
the opinion that the review unfairly either: (i) causes disadvantage to a
product; or (ii) increases the popularity of the product, Callbok shall have
the right to delete the customer review. Callbok shall also, at its sole
discretion have the right to blacklist the customer from posting any further
customer reviews.
Replacement Guarantee*
The Replacement Guarantee seeks to assist Buyers who have
been defrauded by qualified sellers on the Platform. If at the time of delivery
and/or within specified days from the date of delivery of the product/s, if any
defect is found, then the buyer of the product/s can ask for replacement of the
product/s from the seller.
If Callbok has suspicion or knowledge, that any of its
buyers and sellers are involved in any activity that is intended to provide
claims or information that is false, misleading or not genuine, then Callbok
may while reserving its rights to initiate civil and/or criminal proceedings
against User may also at its sole discretion suspend, block, restrict, cancel
the Display Name of such buyer and seller and /or disqualify that User and any
related Users from availing protection through this program.
Callbok reserves its right to initiate civil and/or criminal
proceedings against a User who, files a invalid and/or false claims or provides
false, ininplete, or misleading information. In addition to the legal
proceedings as aforesaid, Callbok may at its sole discretion suspend, block,
restrict, cancel the Display Name [and its related Display Names] of such User
and/or disqualify that User and any related Users from availing protection
through this program. Any person who, knowingly and with intent to injure,
defraud or deceive, files a Fraudulent Inplaint containing false, ininplete, or
misleading information may be guilty of a criminal offence and will be
prosecuted to the fullest extent of the law.
For more details related to Replacement Policy, refer to
s/help/cancellation-returns
Returns Policy
Definition: 'Return' is defined as the action of giving back
the item purchased by the Buyer to the Seller on the Callbok Platform.
Following situations may arise:
1. Item was defective
2. Item was damaged during the Shipping
3. Products was / were missing
4. Wrong item was sent by the Seller.
Return could also result in refund of money in most of the
cases.
Points to be noted:
1. Seller can always accept the return irrespective of the
policy.
2. If Seller disagrees a return request, Buyer can file a
dispute under the Buyer Protection Program*.
We encourage the Buyer to review the listing before making
the purchase decision. In case Buyer orders a wrong item, Buyer shall not be
entitled to any return/refund.
Buyer needs to raise the return request within the return
period applicable to the respective product.Once Buyer has raised a return
request by contacting Us on Our Toll Free Number, Seller while closing the
return ticket can select one of the following:
1. Replace after shipment collection - Seller has agreed to
wait for the logistics team to collect the shipment from the buyer before
replacing it)
2. Refund after shipment collection - Seller has agreed to wait
for the logistics team to collect the shipment from the buyer before refunding)
3. Refund without shipment collection - Seller has agreed to
refund the buyer without expecting the original shipment back)
4. Replace without shipment collection - Seller has agreed to
replace the order without expecting the original shipment back)
5. On certain select days as specified by Callbok (such as 'The
Big Billion Day') separate policies may be applicable.
In the event the Seller accepts the return request raised by
the Buyer, Buyer will have to return the product and then the refund shall be
credited to the Buyers account.
In case the Seller doesn't close the ticket in 3 days from
the date of intimation to the Seller about the refund request, the refund
request shall be settled in favor of the Buyer.
Further for returns being made by Buyer to the Seller of the
product, the following parameters needs to be ensured by the Buyer:
Category |
Condition |
Electronics |
Should be included |
Clothing and Footwear |
Should be "New & Unworn" (other than for
trial) |
Beauty, Health & Personal Care |
Should be "New & Unopened" |
Sports & Equipment |
Should be "New" and returned with original
packaging |
Office Products |
Should be "New" and returned with original
packaging |
Jewellery |
Should be "New" and returned with original
packaging |
If the product being returned is not in accordance with the
above parameters, then Buyer shall not be entitled to any refund of money from
the Seller.
Shipping cost for returning the product shall be borne and
incurred by the Seller.
Replacement
Definition: Replacement is the action or process of
replacing something in place of another. A Buyer can request for replacement
whenever he is not happy with the item, reason being Damaged in shipping,
Defective item, Item(s) missing, wrong item shipped and the like.
Points to be noted:
1. Seller can always accept the return irrespective of the
policy.
2. If Seller disagrees for a return request, Buyer can file a
dispute under Buyer Protection Program*.
Buyer needs to raise the replacement request within the
return period applicable to the respective product. Once Buyer has raised a
replacement request by contacting Us on the Toll Free Number provided on the
Platform. Once the replacement request has been raised, the following steps
shall be followed:
1. Buyer is asked for "Reason for Return". Among
others, the following are the leading reasons:
2. Shipping was damaged
3. Item was defective
4. Item Dead on Arrival
5. Item(s) were missing
6. Wrong item sent
7. An intimation shall be provided to Seller seeking either
"approval" or "rejection" of the replacement request.
8. In case the Seller accepts the replacement request, Buyer shall
be required to return the product to the Seller and only after return of the
product, Seller shall be obliged to provide the replacement product to the
Buyer.
9. Incase Seller rejects the replacement request, Buyer can
choose to raise a dispute by contacting us through this link: https://www.Callbok.in/helpcentre.
In case the Seller doesn't have the product at all, Seller
can provide the refund to the Buyer and Buyer shall be obligated to accept the
refund in lieu of replacement. All the product parameters shall be required to
be inplied with in cases of replacement.
If the Seller doesn't respond to the Buyer's replacement
request, within three (3) days from the date of replacement request placed by
the Buyer, refund shall be processed in favour of Buyer and Seller shall be
liable to refund amount paid to the Seller.
All shipping and other replacement charges shall be borne
and incurred by the Seller.
Disputes (Resolutions) Policy
Overview
Generally, transactions are conducted smoothly on Callbok.
However there may be some cases where both the Buyers and Sellers may face
issues. At Callbok, we have a Dispute Resolution process in order to resolve
disputes between Buyers and Sellers.
What is a 'dispute'?
A 'Dispute' can be defined as a disagreement between a Buyer
and a Seller in connection with a transaction on the Platform.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the
Buyer and the Seller. Disputes arise out of an issue that is raised by either
party not being inpletely satisfied with the resolution of their inplaint/issue.
It is important that before a Buyer/Seller raises a dispute,
they should attempt to solve the issue. Please note that whenever a Buyer
raises a dispute, the Seller's payment for that order is put on hold
immediately until the issue is resolved.
How is a 'dispute' created?
Whenever there is a disagreement,
the buyer can contact us through this link https://www.Callbok.in/helpcentre ,
while the Seller can write to [email protected], in order to raise a dispute.
Disputes can be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the indicative examples of potential disputes:
1. Wrong item received
2. Item Not as described
3. Damaged or Seal broken on Product
4. Part/Accessory missing
5. Item not Inpatible
6. Seller Description/Specification Wrong
7. Defective (Functional issues)
8. Product not working and Manufacturer claims invalid Invoice
In case the Seller rejects the return request of the Buyer,
and Buyer raises a dispute, then Callbok will try to mediate and resolve the
dispute between both the parties. If the dispute is resolved in favour of the
Buyer, a refund is provided once the product is returned to the Seller. If the
dispute is settled in favour of the Seller, Buyer is entitled to any refund.
Buyer Protection Program
In case of a dispute where the Seller is unable to provide a
refund or a replacement, Callbok will actively work towards reaching a
resolution.
The Buyer Protection Program covers Buyers who are unable to
successfully resolve their dispute with the Seller or are not satisfied the
resolution provided by the Seller.
The buyer can contact us through
this link https://www.Callbok.in/helpcentre if
the issue with the Seller is not resolved. Callbok's Customer Support team will
look into the case to check for possible fraud and if the Buyer has been
blacklisted/blocked from making purchases on the Platform. Only after verifying
these facts, a dispute can be registered.
CS team will not facilitate a conference call, CS team acts
as the bridge between customer and seller.
When a dispute has been raised, Callbok may provide both the
parties access to each others Display Names, contact details including email
addresses and other details pertaining to the dispute. Buyers and Sellers are
subject to final consent from Callbok for settling the dispute.
Buyer Eligibility and Restrictions
Only the Buyers who have purchased the product on Callbok
are eligible for the Buyer Protection Program.
Buyers can file a dispute within 45 days from the date of
delivery of the product
Any damage or loss to the product after delivery will not be
covered under this program and will inpletely be the Buyer's responsibility.
Buyers should refuse to accept delivery if the item is damaged.
To be able to take advantage of the
Buyer Protection Program, Buyers should first contact the Seller and attempt to
resolve the issue. If the Buyer doesn't hear from the Seller or is unable to
resolve the issue with the Seller even after contact, a dispute can be raised
with Callbok by contacting us through the link: https://www.Callbok.in/helpcentre
Fraudulent charges and claims are not covered under Buyer
Protection Program
If the Buyer has already initiated chargeback through the
credit card issuing bank, it will not be covered under Buyer Protection
Program, though in such cases a Seller can file a claim through the Seller
Protection Program.
Blacklisted and Blocked Buyers are not covered by the Buyer
Protection Program.
Buyers who have reached their maximum lifetime limit for
claims are also not eligible. Buyers can make a maximum of 5 claims per year on
Callbok. If the claim was withdrawn, it is not counted. The coverage amount
will be limited to ₹50,000
Through the Buyer Protection program, Callbok does not
provide any guarantee/warranty to Buyers for products sold on Callbok against
technical/manufacturing defects.
Raising disputes against Sellers does not automatically
entitle the Buyer to a refund or replacement for the product purchased. Callbok
shall verify the disputes so raised and may process only such claims that are
valid and genuine.
Callbok shall at no point be responsible for any direct or
indirect losses, expenses, costs of any nature whatsoever that may be incurred
by any Buyer/Seller.
Claims of the nature of 'Buyer remorse' (i.e. instances
where products are bought by the Buyer by mistake or where the Buyer chooses to
change his/her mind with regard to the product purchased by him) will not be
entertained through this program.
Callbok reserves its right to initiate civil and/or criminal
proceedings against a User who, files an invalid and/or false claims or
provides false, ininplete, or misleading information. In addition to the legal
proceedings as aforesaid, Callbok may at its sole discretion suspend, block,
restrict, cancel the Display Name [and its related Display Names] of such User
and/or disqualify that user and any related users from availing protection
through this program.
Decisions made by Callbok under the Buyer Protection Program
shall be final and binding on its Users.
Callbok reserves the right to modify / discontinue Buyer
Protection Program without any prior notice period to its Users.
Through this program, Callbok shall not entertain claims of
Buyers who have incurred loss due to delayed shipment or delivery of the item
by the Seller.
Callbok Customer Support Team may seek additional
information / clarification from Buyer to facilitate resolution of the dispute.
In the event Buyer does not respond with information / clarification sought
within 10 days of such request, the dispute shall be auto-closed in favour of
the Seller.
Disputes via Chargeback
Whenever a chargeback (CB) ines from a payment gateway/bank,
following situations may arise:
1. Item not received CB - Buyer hasn't received the item.
Refund will be created in accordance with the dispute policies
2. Unauthorized CB - Buyer hasn't made this particular
transaction. Refund will be created in accordance with the dispute policies.
Seller expressly agrees that issuing the correct and inplete
invoice is the sole and primary responsibility of the Seller. Furthermore,
Seller shall ensure that invoices state "Powered by Callbok" and
failing to do so Seller will be liable for chargebacks (as applicable).
1. Item not as described - meaning item is not what Buyer expected.
Dispute will be decided in accordance with the dispute policies.
Email Abuse & Threat Policy
Private inmunication, including email correspondence, is not
regulated by Callbok. Callbok encourages its Users to be professional,
courteous and respectful when inmunicating by email.
However, Callbok will investigate and can take action on
certain types of unwanted emails that violate Callbok policies.
Such instances:
Threats of Bodily Harm - Callbok does not permit Users to
send explicit threats of bodily harm.
Misuse of Callbok System - Callbok allows Users to
facilitate transactions through the Callbok system, but will investigate any
misuse of this service.
Spoof (Fake) email - Callbok will never ask you to provide
sensitive information through email. In case you receive any spoof (fake)
email, you are requested to report the same to Us through 'Contact Us' tab.
Spam (Unsolicited Inmercial email) - Callbok's spam policy
applies only to unsolicited inmercial messages sent by Callbok Users. Callbok
Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of Callbok - Callbok prohibits
email offers to buy or sell listed products outside of the Callbok Platform.
Offers of this nature are a potential fraud risk for both Buyers and Sellers.
Callbok policy prohibits user-to-user threats of physical
harm via any method including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions,
including:
·
Limits on account privileges
·
Account suspension
·
Cancellation of listings
·
Loss of special status
Other Businesses
Callbok does not take responsibility or liability for the
actions, products, content and services on the Platform, which are linked to
Affiliates and / or third party Platforms using Platform's APIs or otherwise.
In addition, the Platform may provide links to the third party Platforms of Our
affiliated inpanies and certain other businesses for which, Callbok assumes no
responsibility for examining or evaluating the products and services offered by
them. Callbok do not warrant the offerings of, any of these businesses or
individuals or the content of such third party Platform(s). Callbok does not
endorse, in any way, any third party Platform(s) or content thereof.
Callbok Infringement Verification (FIV) - Reporting Listing
Violations
Callbok has put in place Callbok Infringement Verification
process so that intellectual property owners could easily report listings that
infringe their rights. It is in Callbok's interest to ensure that infringing
products are removed from the site, as they erode Buyer and good Seller trust.
·
If you are a Verified Rights Owner
and want to report a listing issue, see Callbok's FIV. Note: Only the
intellectual property rights owner can report potentially infringing products
or listings through FIV. If you are not the intellectual property rights owner,
you can still help by getting in touch with the rights owner and encouraging
them to contact us.
·
If your listing was removed through
FIV, and you believe that your listing was removed in error, please contact us.
Callbok does not and cannot verify that Sellers have the
right or ability to sell or distribute their listed products. However, Callbok
is inmitted to removing infringing or unlicensed products once an authorized
representative of the rights owner properly reports them to Callbok.
FIV works to ensure that item listings do not infringe upon
the copyright, trademark or other intellectual property rights of third
parties. FIV participants have the ability to identify and request removal of
allegedly infringing products and materials.
Any person or inpany who holds intellectual property rights
(such as a copyright, trademark or patent) which may be infringed upon by
products listed on Callbok is encouraged to beine a FIV member.
Program membership entitles you (Verified Rights Owner) to
the following benefits:
·
Rapid response by Callbok in ending
listings reported by you (as the Verified Rights Owner) as allegedly infringing
·
Dedicated priority email queues for
reporting alleged infringements
·
The ability to obtain identifying
information about Callbok's users'
How to Beine a FIV Member
To join the FIV, we require only that you fully inplete and
email Us a Notice of Infringement form specifying the allegedly infringing
listings and the infringed work, inplete with an original authorized signature.
The information requested by the Notice of Infringement is designed to ensure
that parties reporting products are authorized by the rights owners, and to
enable Callbok to easily identify the material or listing to be ended.
In the interest of keeping the process easy and simple,
after we receive your first Notice of Infringement in hard copy, future notices
can be sent to Us by email at [email protected].
Note: In your notice of infringement, you shall be required
to identify the individual listing which is infringing your intellectual
property. General notices shall not be accepted.
We are happy to receive such information, but must advise
that we may be limited in Our ability to respond to your request absent formal
notice from an authorized rights owner.
Notice of Infringement
Callbok India
_______________________
_______________________
I, [name] ____________________________ of [address]
_________________________ do solemnly and sincerely declare as follows:
1. I am the owner of certain intellectual property rights, said
owner being named __________________ ("IP Owner").
2. I have a good faith belief that the item listings or
materials identified in the annexure attached hereto are not authorised by the
above IP Owner, its agent, or the law and therefore infringe the IP Owner's
rights. Please expeditiously remove or disable access to the material or
products claimed to be infringing.
3. I may be contacted at:
Name ___________________________________________________________
Title & Inpany
________________________________________________________
Address
_________________________________________________________
Email (correspondence)
___________________________________________________
Telephone/Fax
_____________________________________________________________
Date
_________________________________________________________________
and I make this declaration conscientiously believing it to
be true and correct.
Declared by ______________________________
on [date] ___________________________________ in
[place]________
Truthfully,
Signature
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings, Products, or
Materials
A Note on Reason Codes: When identifying item numbers please
use the reasons below. When removing products from the site, Callbok will
inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please associate each
item you report with only one reason code.
Trademark-infringement
1. Trademark owner doesn't make this type of product or has
discontinued the production of the product
2. Item(s) is an unlawful replica of a product made by the
trademark owner or is counterfeit
Trademark-listing description infringement
1. Listing(s) has unlawful inparison to trademark owner's brand
or product
2. Listing(s) contains unlawful use of trademark owner's logo
Copyright-item infringement
1. Software is being offered without any license or in
violation of a license
2. Item(s) is a bootleg recording;
3. Item(s) is an unlawful copy (software, games, movies, etc.);
4. Item(s) is unlawful duplication of printed material
5. Item(s) is an unlawful copy of other copyrighted work
(paintings, sculptures, etc.)
Copyright-listing content infringement
1. Listing(s) inprises unauthorized copy of copyrighted text
2. Listing(s) inprises unauthorized copy of copyrighted image
3. Listing(s) inprises unauthorized copy of copyrighted image
and text
Reason Code:
_____________________________________________________________
Work(s)
infringed:
_________________________________________________________
Item Number(s):
___________________________________________________________
Note:
1. Please provide the ownership of Trademark (Trademark
Registration Certificate should be in the name of applicant)
2. Please provide the evidence as to the ownership of
copyright.
All such Notices of Infringement shall be sent to
[email protected]; or [email protected].
Contacting the Seller
At Callbok we are inmitted towards
ensuring that disputes between sellers and buyers are settled amicably by way
of the above dispute resolution mechanisms and procedures. However, in the
event that a buyer wishes to contact the seller, he/ she may proceed to do so
by accessing the seller related information made available by the sellers on
their product listing pages. Alternatively, the buyers may also reach out to
customer support at +91-880-216-4202 or access help center at http://www.Callbok.in/helpcentre