Terms of Use
1. The Products are warranted against any electronic or mechanical defects for a period of 1 (one) year. Should a defect occur, the Company will repair or, at its option, replace the defective unit/ parts with new or rebuilt materials without charge for either parts or labour. Replacement unit/parts will be warranted for the remaining portion of the original warranty period. This warranty does not cover installation or damage from accident, misuse, abuse, improper wiring, incorrect voltage, operating the unit against the instructions in the user manual or any Product which has been opened, altered or tampered with.
2. Save and except the warranty provided in Clause 1, Products once delivered, shall not be eligible for return and no return or refund request shall be entertained by the Company, Company shall deliver the Product on the location specified by you while placing order, on delivery of the Product you agree that the title of the Product and risk thereto transfers to you.
3. Company may provide installation service of the Products purchased subject to the area you live in, on opting installation service for purchased Product, you agree that on or before arrival of the Company's representative to the location for installation, such location shall be cleared and ready for installation in accordance with the specifications provided by the Company including having access to electricity and location for installation shall be free from any cracks, improper structure integrity or any other defects. Installation location shall be in legal possession of the user. Company or Company's representative reserves the right to refuse to install the Product on finding any shortcoming in the location for the installation.
4. Intellectual property rights, including copyrights, trade names, trademarks, service marks, and logos, protect Kazam products and materials made available on all Kazam products. These rights are either owned by Kazam or utilised by Kazam under licence or with permission from the owner of such rights. The design, style, look, appearance, graphics, pictures, images, articles, stories, and other content available on the Kazam products are all protected by intellectual property rights. Except where expressly invited to do so, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any material or information on or downloaded from any of our Kazam products, including but not limited to text, graphics, video, messages, code, and/or software, by any means or in any manner without our prior written consent.
5. Save and except the warranty provided in Clause 1, the Company makes no representations or warranties regarding the Products and associated services and is not responsible or liable for your use of Products. You acknowledge and agree that your decision use any Products is at your sole risk, and the Company will not be liable for any loss or damage, including injury, illness or death, arising out of or in connection with your use of the Products, whether directly or indirectly.
6. You shall not use any Products, documentation, or Company's confidential information (whether in whole or in part) to facilitate, assist or otherwise engage in (either directly or indirectly) the development, modification, sale and/or marketing of equipment, software, technology, services and/or documentation that are competitive to any of Company's Products or service offerings.
7. You undertake that you shall not: (1) use the Products for anything other than for the purpose of personal usage or usage through the platform of the Company or usage permitted by the Company; (2) modify, adapt, create derivative works of, reverse engineer, decompile, or disassemble or reconstruct, the Products or any derivative work or attempt to recreate a similar product; (3) distribute, sell, lease, rent, lend, sublicense, encumber, assign, transfer in any manner whatsoever the Products, other than in the manner permitted by the Company in writing; (4) use the Products in breach of any applicable law or in any activity that is in violation or breach of applicable law; (5) permit any third party to perform any maintenance services on the Products or effect modification or enhancement or software/engineering changes to the Products without the prior written consent of the Company.
8. All intellectual property rights in and to the Products and any other developments thereto shall at all times belong the Company and any infringement of any Company intellectual property rights shall be subject to legal action and damages.
9. These Terms and Conditions and the relationship between you and the Company shall be governed by the laws of India and appropriate courts and forums at Mumbai, Maharashtra shall have exclusive jurisdiction in any proceedings arising out of these Terms and Conditions.
10. Unless otherwise provided in the Terms and Conditions, all trademarks, service marks, logos, trade names, and designs, whether registered or unregistered, used in connection with the Products are owned by the Company or its third party licensors. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by the Company or its third party licensors without the appropriate owner's prior written consent.
11. You agree to indemnify, defend, and hold harmless each of the Company Parties (as defined below) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your breach or violation of these Terms and Conditions (including without limitation or representation, warranties and or covenant) or misrepresentation with respect to your information or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, fraudulent transactions or other rights. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company' defence of such claim. This clause shall survive the expiry or termination of these Terms and Conditions.
12. Notwithstanding anything to the contrary in any document including these Terms and Conditions, Company's total, cumulative, and aggregate liability towards you shall not exceed the amount paid by you towards the Product in dispute, whether the Company's liability is based in contract, tort, equity, at law, and/or otherwise, howsoever arising.
13. In no event will the Company be liable for any indirect, special, consequential, punitive, or exemplary damages (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of data, cost of procurement of substitute services, business interruption, or other intangible losses), arising out of or in connection with the Product, whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any company party has been advised (or should have known) of the possibility of such damages.
14. Kazam charges a service charge of 10% for the use of its payment system, hosting, and sim-enabled internet costs of the charging stations. For enterprise customers, charges may apply differently as agreed on mutually.
- belongs to another person and to which you do not have any right;
- is obscene, pornographic, pedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes you harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
- is harmful to a child;
- infringes any patent, trademark, copyright or other proprietary rights;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;
- impersonates another person;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, public order, causes incitement to the commission of any cognisable offence, prevents investigation of any office or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is in the nature of an online game that is not verified as a permissible online game;
- is in the nature of advertisement, surrogate advertisement or promotion of an online game that is not a permissible online game or of any online gaming intermediary offering such an online game;
- violates any law for the time being in force.
