Definitions:
- Retailer means the owner of the retail shop or retail chain on where the Buyback program is running
- Device means used smartphones that the customer has sold in the Buyback program to InstaCash
- Platform means InstaCash platform of Diagnostics App and Retailer App.
The Retailer hereby agrees to abide by the following terms:
- The Retailer confirms that s/he is an Indian citizens of 18 years of age or above and is rightful owner of the retail shop or chain of shops where the Buyback program is to be run.
- The Retailer confirms that its retail shop or chain of shop is fully compliant with respect to any legal or regulatory requirement including but not limited to shop & establishment act etc.
- Retailer has its separate and independent arrangement with OEMs, Financiers or any Service Providers for selling their products and services at Retailers shop or chain of shops and InstaCash in no way is responsible for such arrangements
- Retailer agrees to run the Buyback program in partnership with InstaCash. Retailer shall have its store agents download and run the InstaCash diagnostic app on the customer Device. The store Agents shall run the diagnostic app correctly and completely for the retailer to find out the price of the Device.
- The price as indicated by InstaCash is subject to successfully running the complete and correct tests through diagnostic app. Any failure or mismatch of the diagnostics app tests would result in change in the price.
- Subject to point 5 the price as indicated by InstaCash is what InstaCash would pay to Retailer at the time of pick of the Device. The Retailer is free to negotiate with the consumer for the price of the Device.
- InstaCash shall only pay the price of those Devices that is received by InstaCash authorized pick up person. InstaCash shall not pay for Devices which is not received by InstaCash.
- By agreeing to get empaneled with InstaCash buyback program (“Buyback”), the Retailer hereby represents, warrant and covenant that:
- a. It shall not in any way interfere with the Device or its parts and shall handover the Device to InstaCash person as received from the customer;
- It shall not in any way try to withhold the Devices that has been diagnosed by InstaCash App and whose order has been created;
- It shall not in any way try to extract any data, information, picture etc. or any personal information from the Device;
- Shall properly and safely keep the custody of the Devices, corresponding accessories, invoices etc. and promptly handover all to InstaCash pick up person.
- The Retailer shall indemnify and keep indemnified InstaCash and their officers, directors, employees, customers, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney's fees and court costs) which InstaCash may incur, pay or become responsible as facilitator as a result of breach or alleged breach of the representations or obligations of the Retailer under the T&C. InstaCash or their respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the Participant or any third party, in connection with the Offer.
- InstaCash reserves the right to refuse to pick of any Device which has been interfered with either directly or indirectly or there are following gross mismatches
- The Device is not the correct device on which the InstaCash Diagnostics test was run;
- The Device Screen is broken but is not indicated in the diagnostic test;
- The Device body has major dents but is not indicated in the diagnostic test;
- The Device has OEM lock or cloud lock but is not indicated in the diagnostics test;
- The Device IMEI is different from those indicated in the test;
- The Device does not switch on or the Device screen has any lines or spots.
- Any documents as required by InstaCash in relation to Buyback shall be submitted by the Retailer. Failure to do the same may result in cancellation of the empanelment.
- InstaCash shall not be responsible to Retailer for any loss, injury or any other liability arising out of Buyback program or keeping custody of Device. Further InstaCash shall not be liable for any loss, delay or damage due to Act of God, Governmental actions, other force majeure circumstances and shall not be liable to pay any amount as compensation, or otherwise, for any such loss, delay or damage.
- InstaCash is not responsible for any technical error or fault of any kind either at the Retailer's end or on the Platform.
- InstaCash reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Buyback or any part thereof including the eligibility criteria, the T&C and gratification at their sole discretion at any time during its validity as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond their control and the same shall be binding on the Participant.
- Failure by InstaCash to enforce any of their rights at any stage does not constitute a waiver of these rights. Further, InstaCash may assign any of its rights within the Buyback to any party without prior intimation to Participants.
- InstaCash does not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Retailer.
- Any dispute arising out of this Buyback and terms & conditions of this Buyback shall first be attempted to be resolved amicably through negotiations. In the event, amicable settlement fails, dispute shall be referred for Arbitration to a Sole Arbitrator to be appointed by InstaCash whose decision shall be final and binding on all. The place of arbitration shall be Jaipur. The Courts at Jaipur shall have the exclusive jurisdiction in respect of all the subject matter with relation to the Offer.
- InstaCash may require the Retailers to participate in any promotional activities (such as publicity and photography) free of charge, and he/she consents to the usage of his/her name, photograph, film recording, portrait, picture, voice, likeness and biographical information for media coverage, news or information and for advertising or promotional purposes in any media for an unlimited period without remuneration (“Publicity Material"). The license to use the Publicity Material shall survive the termination or expiry of this Offer.
- Retailer acknowledges and agrees that all copyright and trademarks and all other intellectual property rights in the SMS content, APP / Web, Platform and all material or content related to the Buyback shall remain, at all times, owned by InstaCash and/or their respective owners. All material and content contained is made available for Participant's personal and non- commercial use only. Any other use of the material Content on the platform and/ or any information disseminated by SMS or any other means of communication is strictly prohibited.
- Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED including, but not limited to, meeting of the Retailer requirements or aspirations, timeliness, security, the results or reliability of the Buyback, or the delivery, pick up, quality, quantity, merchantability, fitness for use or non-infringement in respect of any Foods, services, benefits or awards acquired or obtained through the Buyback or any transactions effected through the Offer : (b) The Retailer expressly agrees that his/her participation in the Buyback is at his/her sole risk and is governed by the T&C herein; and (c) No advice or information whether by representations, oral, written or pictorial derived from the platforms including but not limited to Platforms SMS, shall be construed to mean the giving of any warranty of any kind.