Terms and Conditions
Disclaimer: In the event of any discrepancy or conflict, the English version will prevail over the translation.
Purchases made as part of the Exchange Offer program will be subject to the terms and conditions of the program.
Exchange Offer - Terms and Conditions
Any purchases made on PhoneSatum.com/IMS Smart.com under the Exchange Offer will be subject to the following terms and conditions:
- This exchange offers ("Offer") is valid until stocks last or till the Offer expires, whichever is earlier.
By agreeing to avail the benefits under the Offer, you hereby represent, warrant and covenant that:
- You are the sole, absolute and lawful owner of the product being returned ("Used Product") and you confirm that the Used Product was exclusively for personal use, and not for business or commercial use;
- The Used Product along with all accessories, wherever applicable, under the exchange is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any agreement of sale etc.; If otherwise we PhoneSatum.com/IMS Smart is not responsible and liable, you are the sole liable.
- Wherever applicable, the details of the Used Product, including its condition, are as stated at the time of availing the exchange offer time;
- The Used Product must be in working condition, and the display / screen of the Used Product should be intact, that is without any scratches, cracks, discoloration, spots, lines, dead pixels, or any other damage of any manner. You must remove any scratch-guard, screen-guard, tempered-glass, or other protective covering applied to the screen of the Used Product device. You must delete all personal data, sign out of your iCloud (iOS) / Google (Android) accounts, and remove any lock code or passwords;
- The battery of the phone/tablet product proposed to be exchanged must not be dead or non-functional. In other words, the device should turn on and operate even when the charger is disconnected;
- The Used Product should not be damaged, broken, or otherwise tampered with. The Used Product should match the details entered while placing the order (with Exchange), where applicable, and will be validated by the delivery associate.
- You further confirm that:
- all the data in the Used Product (if any and wherever applicable) will be erased before being exchanged under the Offer;
- In spite of erasing the data manually/electronically, if any data still accessible due to any reason, Company or its affiliates, the seller, the partner, the future buyer, or the manufacturer shall not be responsible for the same and you will not approach any of the above parties for any retrieval or deletion of the data; and
- At the time of received of the new product, the applicable Used Product should already be kept uninstalled.
You agree to indemnify and keep indemnified PhoneSatum.com/IMS Smart and its affiliates, applicable seller, the buyback partner, and any future purchaser of the Used Product against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and/or sustained by PhoneSatum.com/IMS Smart, its affiliates, applicable seller, the buyback partner or any future purchaser due to:
In the event you decide not to proceed with the exchange transaction and retain the Used Product or if the Used Product is different or does not conform to the conditions specified or cannot be un-installed by the representative,
You need to pay the value provided to you for the Used Product as part of the transaction and Exchange Offer;
- You hereby give your consent that your personal information that you have provided in connection with this Offer might be processed, transferred and retained by the seller, the buyback partner, and other entities involved in managing and administration of the Offer.
In the event the Used Product is a mobile, you acknowledge that checks and diagnostics may need to be performed to check the condition of the Used Product and determine your eligibility to avail additional features under the Offer, such as greater value for the Used Product. Accordingly, if you elect to avail such additional features:
- You hereby consent and agree to provide access to the Used Product's features and functionality, including (without limitation) Wi-Fi, location services (GPS), front camera(s), rear camera(s), battery, where applicable;
- You understand that the results of the checks and diagnostics performed on your Used Product are based on responses received from the Used Product and the operating system of the Used Product;
- You understand that your eligibility for the additional features of the Offer or a greater value will solely be determined by the results of the checks or diagnostics performed in accordance with the terms, hence such determination cannot be challenged by you, however you are at liberty not to avail the additional features of the Offer should you disagree with the determination; and
- You understand that no physical checks or diagnostics will be performed in respect of your Used Product.
- You understand that once the Used Product is sent for exchange under the Offer, under no circumstance can the Used Product be returned back to you. In the event you return the new product purchased under the Offer, the Used Product will not be returned to you.
- In the event you return the new product purchased under the Offer, you understand and agree that the value of the Used Product will be provided to you in the form of PhoneSatum.com/IMS Smart pvt.ltd.
- You agree not to bring any claim against PhoneSatum.com/IMS Smart.com/ IMS smart pvt.ltd and its affiliates, applicable seller, the buyback partner, and any future purchaser of the Used Product in relation to the adequacy of the value (if any) of the Used Product provided as part of the Offer. In the event you do not agree with the value provided to you for the Used Product, you agree not to avail the Offer.
- You acknowledge and agree that PhoneSatum.com/IMS Smart.com shall be neither liable nor responsible for any actions or inactions of sellers or the buyback partners in relation to the Offer or its benefits.
- Exchange value will be based on condition of the phone:
- You agree to submit the copy of your citizenship while exchanging the phone.
This document is an electronic record in terms of Electronic Transaction Act, 2063 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Electronic Transaction Act, 2063.
The use of any service or feature (the “Materials”) available through Smart Mobile Exchange - Home (PhoneSatum.com/IMS Smart.com) (hereinafter referred to as “Website”) is owned by IMS SMART Private Limited, a company incorporated under the Companies Act, 2063 with its registered office at Kathmandu Metropolitan City Ward No. 1
This Website, including all Materials present (excluding any applicable third party materials), is the property of IMS SMART Private Limited and is copyrighted and protected by worldwide copyright laws and treaty provisions. You hereby agree to comply with all copyright laws worldwide in Your use of this Website and to prevent any unauthorized copying of the Materials. PhoneSatum.com/IMS Smart does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.
Use of the Website is available only to persons who can form legally binding contracts under Nepalese Contract Act (Muluki Dewani Samhita, 2074). Persons who are “incompetent to contract” within the meaning of the Nepalese Contract Act (Muluki Dewani Samhita, 2074) including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not use the website. As a minor if you wish to use the website, such use may be made by your legal guardian or parents on the Website. PhoneSatum.com/IMS Smart reserves the right to refuse to provide you with access to the Website if it is brought to PhoneSatum.com/IMS Smart’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to us, you agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
By using the Website, you expressly agree and acknowledge to abide by the following:
We value the trust you place in us. That’s why we insist upon the highest standards for secure transactions and customer information privacy. Please read the following statement to learn about our information gathering and dissemination practices.
1. Collection of Personally Identifiable Information and other Information
When you use our Website, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.
In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. We may automatically track certain information about you based upon your behavior on our Website. We use this information to do internal research on our users’ demographics, interests, and behavior to better understand, protect and serve our users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your browser information, and your IP address.
We use data collection devices such as “cookies” on certain pages of the Website to help analyses our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small files placed on your memory storage device that assist us in providing our services. We offer certain features that are only available through the use of a “cookie”.
If you choose to buy on the Website, we collect information about your buying behavior.
If you transact with us, we collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.
If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.
We collect personally identifiable information (email address, name, phone number, credit card / debit card / other payment instrument details, etc.) from you when you set up a free account with us. While you can browse some sections of our Website without being a registered member, certain activities (such as placing an order) do require registration. We do use your contact information to send you offers based on your previous orders and your interests.
2. Use of Demographic / Profile Data / Your Information
We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
In our efforts to continually improve our product and service offerings, we collect and analyses demographic and profile data about our users’ activity on our Website.
We identify and use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.
A “cookie” is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. We place both permanent and temporary cookies in your memory storage device. The cookies do not contain any of your personally identifiable information.
3. Sharing of personal information
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may 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 you access to our Services, to comply 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.
4. Links to Other Sites/Apps
Our Website links to other websites/Websites that may collect personally identifiable information about you. Smart Mobile Exchange - Home (PhoneSatum.com/IMS Smart.com) is not responsible for the privacy practices or the content of those linked websites/Websites.
5. Security Precautions
Our Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.
We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account. If you want to remove your contact information from all our lists and newsletters, please visit unsubscribe.
7. Advertisements on the Website
We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email
address, or telephone number) about your visits to this and other websites/Websites in order to provide advertisements about goods and services of interest to you.
8. Your Consent
9. Grievance Officer
In accordance with Electronic Transaction Act, 2063 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Saroj Khadka
IMS Pvt Ltd.
Kathmandu Metropolitan City Ward No. 1
Time: 10:00 A.M to 6:00 P.M