(Inclusive of all taxes)
This document explains how the agreement is made up
and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with Cell Point, your agreement with Cell
Point will always include, at a minimum, the terms and conditions set out in
this document. These are referred to below as the general terms
1. Accepting the terms:
In order to use the services, you must first agree
to the terms. You may not use the services if you do not accept the terms.
2. Clicking to accept or agree
to the terms:
Where this option is made available to you by Cell
Point in the user interface for any service; or by actually using the services.
In this case, you understand and agree that Cell Point will treat your use of
the services as acceptance of the terms from that point onwards.
You may not use the services and may not accept the terms if (a) you are not of
legal age to form a binding contract with Cell Point, or (b) you are a person
barred from receiving the services under the laws of the India
3. Your passwords and account
security:
3.1 You agree and understand that you are
responsible for maintaining the confidentiality of passwords associated with
any account you use to access the services.
3.2 Accordingly, you agree that you will be solely responsible to Cell Point
for all activities that occur under your account.
3.3 If you become aware of any unauthorized use of your password or of your
account, you agree to notify Cell Point immediately.
4. Site content:
4.1 You acknowledge that the site contains
information, data, software, photographs, graphics, videos, text, images,
typefaces, sounds, and other material (collectively “content”) that are
protected by copyrights, trademarks, or other proprietary rights, and that
these rights are valid and protected in all forms, media and technologies
existing now or herein after developed.
4.2 All content is copyrighted as a collective work under the Indian. Copyright
laws and we own a copyright in the selection, coordination, arrangement, and
enhancement of such content.
4.3 You may not modify, remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create derivative works from, or in any
way exploit any of the content, in whole or in part. If no specific
restrictions are displayed, you may make copies of select portions of the
content, provided that the copies are made only for your personal, information
and non-commercial use and that you do not alter or modify the content in any
way, and maintain any notices contained in the content, such as all copyright
notices, trademark legends, or other proprietary rights notices.
4.4 In addition to the foregoing, use of any software content shall be governed
by the software license agreement accompanying such software, if any.
4.5 Online pricing and offers valid for online customers only.
5. Advertisements:
5.1 Some of the services are supported by
advertisements and sales promotions. These advertisements may be targeted to
the content of information stored on the services, new launching, and queries
made through the services or other information.
5.2 The manner, mode and extent of advertising by Cell Point on the services
are subject to change without specific notice to you.
5.3 In consideration Cell Point granting you access to and use of the services,
you agree that Cell Point may place such advertising on the services
6. Trademarks:
https://cellpoint.biz is our trademarks and service mark. All other
trademarks, product names, and company names and logos appearing on the site
are the property of their respective owners.
7. Submissions:
If you submit, post or otherwise send us any
information, content or materials including, without limitation, comments,
reviews, data, text, messages, files, images, photographs, videos, audio visual
works, other persons’ names, likenesses, voices, usernames, profiles, actions,
appearances, performances and/or other biographical information or material,
and any other materials, as well as links to data, text, files, images,
photographs, videos, audio visual works, shall be entitled to unrestricted use
of such submissions for any purpose at all, commercial or otherwise, without
the requirement of any further permission from or payment to you or to any
other person or entity, including without limitation for inclusion in any
future gale publication or gale product, with no compensation to you.
No submission shall be subject to any obligation of confidentiality on our part
and we shall not be liable for any use or disclosure of any submission. Without
limiting the previous, you here by grant us.
8. Payment and billing:
You must select a payment method to pay us for any
purchases you make from us. Every time you use the service, you reaffirm that
(i) We or our authorized billing agents are authorized to charge your
designated payment method.
(ii) We may submit charges incurred under your account for payment; and you
will be responsible for such charges, even if your membership is cancelled or
terminated. You agree that we may charge your payment method for all amounts
due to us without additional notice or consent unless required otherwise by
law.
(iii) You are responsible for all charges incurred under your account made by
you or anyone who uses your account (including your children, family or
friends).
(iv) We may, in our discretion, post charges to your payment method
individually or may aggregate your charges with other purchases you make on the
site and apply those charges to your next billing cycle. All purchases for mobile,
services, accessories, and all subscriptions are final and non-refundable.
(v) You must notify us about any billing problems or discrepancies within 5
days after they first appear on the statement you receive from your bank or
Credit Card Company.
(vi) If you do not bring such problems or discrepancies to our attention within
5 days, you agree that you waive the right to dispute such problems or
discrepancies.
(vii) In case of Order cancellation, the mode of payment will be done by
transferring through NEFT or by giving cheque within 10 working days. ( i.e we
can’t offer your payment in cash)
9. Proof of identification:
Cell Point, reserves the right to ask for defined
proof of identification at the time of delivery. Failure to provide the same to
either the Cell Point or any of its associates, can lead to cancellation of the
order. In case of any gift items, customer who has made the transaction online
will have to provide his/her proof of identification.
10. Limitation of liability:
You hereby agree to fully indemnify, defend and
hold our company and its parent and affiliates and their respective officers,
directors, employees and licensors harmless from and against any and all
claims, liability, losses, costs and expenses (including attorneys’ fees)
incurred by you in connection with
(I) Any use or alleged use of Cell Point / services through your account by any
person, whether or not authorized by you; or
(II) The operation and content on your site or
(III) Any breach of your representations and warranties and other covenants
under this agreement
Cell Point reserves the right, at its own expense, to assume the exclusive
defence and control of any matter otherwise subject to indemnification by you,
and in such case, and agree to cooperate with Cell Point defence of such claim.
Under no circumstances and under no legal theory, tort, contract, strict
liability, or otherwise, shall the mobile store(s)/content producer or Cell
Point be liable to you or any other person for any indirect, special,
incidental, or consequential damages of any character including, without
limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy
of services, content or results, computer failure or malfunction, damages
resulting from disabling of the services provided as part of the mobile
store(s).
11. Shipping info:
Estimated time of delivery 4 to 7 days from the
date of technically and commercially clear order and acceptance.
Shipping charges will be extra otherwise mentioned clearly. Dispatch of goods
will be through reputed couriers. Most of the items are shipped within 2-5
working days in Andhra Pradesh. Delivery of goods will be made only on weekdays
and working days. No delivery during weekends, holidays and after office hours.
Cell Point have rights to cancel order
at any circumstance. Shipping information will be provided on request only.
Shipping and handling fees are non-refundable.
12. Applicable taxes:
Unless otherwise stated, all prices exclude value
added tax (VAT) / central sales tax and service tax as applicable in India.
13. Warranty:
Mobile handsets & chargers are warranted for a
period defined by the respective manufactures agents defect in material &
workmanship. Cell Point is not giving the warranty and does not hold out any
warranty of products sold. Cell Point will not be responsible for any defective/deficient
or otherwise unsatisfactory products any such defective or deficient goods has
to be repaired only by authorized service centre of the equipment manufacturer.
All the terms and conditions of Cell Point apply. Subject to Hyderabad jurisdiction.
Goods once sold cannot be returned or exchanged
14. Governing law and
jurisdiction:
These terms and conditions shall be governed by and construed in accordance
with the law of India and any legal discrepancy or disputes will be heard or
proceed in the exclusive jurisdiction of Andhra Pradesh, India.
(Inclusive of all taxes)