Terms and Conditions for Crudoimage services:
By using it, you are agreeing to these Terms & Conditions (defined below). Please read them carefully. Crudoimage Photographic Technologies Pvt Ltd., known as, doing business as “Crudoimage”
“Crudoimage” owns and operates the website, Crudoimage.com. The mobile touch versions, App on Play store and Apple App store and/or any site(s) we have now or in the future that reference these Terms & Conditions (collectively, “Crudoimage”), provides a marketplace and platform for consumers and organizations to sell or repair their used, old and other articles, and conduct varied transactions and activities, with third-party companies and other entities and persons (collectively, “Third Parties”). The Crudoimage marketplace, platform, and related functionality, whether provided through the Site or through other means, are collectively referred to as the services (the “Services”).
If you do not agree with any part of these Terms & Conditions, you must not use the Site or Services. Your continued use of the Site or Services will constitute your acceptance of these Terms & Conditions, as they may be modified by us from time to time, with or without notice to you. Please check this page regularly for updates to the Crudoimage Terms & Conditions.
1. Crudoimage is a marketplace venue
Crudoimage is a platform to allow users, subject to compliance with Crudoimage’s policies, to sell/repair certain goods. Crudoimage may not be directly involved in the transaction between user(s) and third party professional(s), ensuing no control by reasons whatsoever in any aspect of your transactions with Third Parties, and the Third Parties are solely responsible to you for all aspects of your transactions with them.
2. Permitted Use and Compliance with Laws.
Crudoimage authorizes you to access, view and use the Site content and software (collectively, the “Crudoimage Photographic Technologies Pvt Ltd Property”) solely to the extent necessary for you to use the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Crudoimage Property. You may not engage in systematic retrieval of data or other content from the Crudoimage Property. Except as expressly permitted by these Terms & Conditions, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Crudoimage Property, or any portion of the Crudoimage Property, is strictly prohibited without the prior written permission of Crudoimage Photographic Technologies Pvt Ltd.
You agree that you will comply with all applicable laws, regulations and ordinances relating to the Site and Services, the Crudoimage Property or your use of them, and that in using the Site and Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
3. Copyright and trademarks.
Except as otherwise indicated, all materials in the Site, including, but not limited to text, software, photos, video, graphics, music, sound, the Crudoimage Logo, ScreenPro logo, Crudoimage Logo and other Crudoimage ,ScreenPro and Crudoimage trademarks and service marks and the entire contents of the Site are the property of Crudoimage Photographic Technologies Pvt Ltd and/or its affiliates or licensors, including the Third Parties, and are protected by n copyright and trademark laws, all rights reserved. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Other marks on the site not owned by Crudoimage may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Crudoimage unless otherwise stated, or may be the property of their respective owners. You may not use any of the trademark name, logos, trademarks or brands, or trademarks or brands of others on the Site without Crudoimage Photographic Technologies Pvt Ltd’s express permission.
4.Crudoimage Services and Third Party Services and Sites
The information and materials provided in the Site and through the Services are intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to Crudoimage’s Services. Crudoimage presents information from Third Parties through the Crudoimage Site and Services, including prices offered for your items, item descriptions, certain Third Party terms of service, and other information (“Third Party Information”). Crudoimage cannot control, and is not responsible for the accuracy of any Third Party Information.
You conduct your actual sales and other transactions directly with the Third Parties and, unless otherwise specifically and clearly indicated, not with Crudoimage. Crudoimage cannot control any aspect of your sales and transactions with Third Parties, and the Third Parties are solely responsible to you for all aspects of your sales and transactions with them.
At times, the Crudoimage Site may have links to websites hosted by the Third Parties and other entities (the “Additional Sites”), or such Additional Sites may have links to the Crudoimage Site. These links are offered as a convenience and for informational purposes only, not as referrals or endorsements by Crudoimage of the Additional Sites. The Additional Sites are maintained by their respective organizations, and those organizations are solely responsible for the content of their own websites. Crudoimage does not verify nor make any warranty or representation about the content, accuracy, opinions expressed, warranties, products or services, intellectual property compliance, or links of such Additional Sites. You should read the privacy policies and Terms & Conditions agreements of all Additional Sites.
5. Privacy and Passwords
6. Members/ Users.
a.Registration and Basic Members/ Users Terms: Members are visitors to the site and or those using the Services that choose to register with Crudoimage (“Members/Users”). Once registered, an account is created for each “Members/Users” (“Account”). If you choose to register as a Member/User, you represent and warrant to us that:
(i) you are of legal age to form a binding contract
(ii) you will provide us with accurate, current and complete registration and contact information, and keep your information updated
(iii) your registration and your use of the Services are not prohibited by law. We reserve the right to suspend or terminate your Members/ Users, or your access to the Site and or Services, in the event that you breach any of the Terms & Conditions or other applicable Crudoimage policies.
- Password and Account Security: In connection with your Account, you will create a password and a user id. You are responsible for keeping your password and secure, and you are responsible for all actions taken using your password.
- Age: To create an Account or to otherwise use this Website, you must be at least eighteen (18) years old or the age of majority in your state or province of residence, whichever is greater.
7. Inactive Accounts
- Inactive Status: A Member’s/User’s Account may be set to inactive if there is no activity associated with that Account for 180 days.
7. Warranty Policy
Your Crudoimage equipment warranty is applicable against any manufacturing defects for one full year from the date of original purchase. If during this period of Warranty the product proves defective due to improper material or workmanship, our authorised service network within the sales territory will, without charge for labour and parts, repair the product in the terms and conditions set as below. Crudoimage reserves the right (at its sole discretion) to replace or repair the product.
- This warranty is only provided upon presentation of the completed warranty card and original invoice or purchase receipt indicating the date of purchase, product type and Seller’s name, together with the product. Crudoimage reserves the right to refuse free-of-charge warranty service if the above documents cannot be presented or if the information contained in it is incomplete or illegible.
- This warranty will not cover:
- necessary maintenance and repair or replacement of parts due to normal wear and tear.
- Fungus Issue
- modifications to upgrade the product from its normal purpose as described in user manuals, without the prior written consent of Crudoimage.
- transport costs and all risks of transport relating directly or indirectly to the warranty of the products.
- any damage resulting from modifications or adjustments which may be made to the product, without the prior written consent of Crudoimage, in order to comply with local or national technical standards in force in any other country than the ones for which the product was originally designed and/or manufactured.
- The warranty will not be applicable in the case of:
- damage caused by misuse including but not limited to failure to use the product for its normal purpose or according to the user instructions on the proper use and maintenance, and to installation or use of the product inconsistent with the safety standards in force in the country where it is used.
- damage caused by accidents including but not limited to lightning, water, fire, misuse or neglect.
- defacing, illegibility or removal of the model or serial number on the product.
- damage resulting from repairs or adjustments which have been conducted by unauthorised service organisations or persons.
- defects in any system into which the product is incorporated or with which it is used.
- This service warranty does not affect the consumer’s statutory rights under applicable national laws in force, nor the consumer’s right against the dealer arising from their sales/purchase contract.
THIS WARRANTY DOES NOT APPLY TO ANY OF THE FOLLOWINGS:
- Accessories Like Batteries, Charger, USB Cable, AV Cable, Adapters, Strap, Etc. Are Not Covered Under Warranty.
- Damage Caused Due To Accident, Sand, Water, Dust, Fungus, Battery Leakage, Etc Are Not Covered Under Warranty.
- Warranty On Free Gifts Is As Per The Terms Of Their Respective Manufacturers, And This Warranty Does Not Extend To Such Gifts
- Warranty Does Not Cover The Replacement Of Product.
- Warranty Does Not Cover Any Special, Consequential Or Incidental Damages Arising In Way Due To Malfunction Of The Product Such As Loss Of Photography, Loss Of Data, Use, Profits, Or Costs And Expenses, Etc.
Within Warranty Period, Crudoimage Authorised Service Centres Will Repair Or Replace The Defective Parts, To Rectify The Problem. Crudoimage Reserves The Right To Use The Re-Engineered Parts With Performance Parameter Equivalent To Those Of New Part For Any Service Performed Under Crudoimage Warranty, If Required. The Replaced Part Shall Thereafter Become The Property Of Crudoimage . Warranty Shall Thereafter Continue Only For The Unexpired Period Of The Original Period.
If The Product Is Not Repairable Due To Some Technical Reason And The Same Model Is Not Available To Replace, Replacement Will Be Provided With The Updated Model Of Closest Specification, The Warranty Period And Term Will Remain Same As Of Original Product.
Freebies Warranty Disclaimer
The Warranty On Free Gift Is As Per Terms Of Their Respective Manufacturers, And We Cannot Assure The Quality Or Performance Of These Free Gifts.
Customer agrees to indemnify and hold Crudoimage, our affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of Services, (ii) your violation of these Terms & Conditions, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Crudoimage reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Crudoimage. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. Applicable Law, Jurisdiction, Compliance
- a) Any dispute, controversy or claims arising out of or relating to this
Agreement or the breach, termination or invalidity thereof, shall be settled
by arbitration in accordance with the provisions of the [Indian] Arbitration
and Conciliation Act, 1996.
- b) The place of arbitration shall be at the corporate office of the franchisor
and any award whether interim or final, shall be made, and shall be deemed
for all purposes between the Parties.
- c) The arbitral procedure shall be conducted in the English language and any
award or awards shall be rendered in English. The procedural law of the
arbitration shall be Indian law.
- d) The award of the arbitral tribunal shall be final, conclusive and binding
upon the Parties, and the provisions of the [Indian] Arbitration and
Conciliation Act, 1996 shall apply.
- e) The rights and obligations of the Parties under, or pursuant to, this Clause,
including the arbitration agreement in this Clause, shall be governed by and
be subject to Indian law, and the agreement shall be subject to the exclusive
jurisdiction of the courts at Cooch Behar.
- f) If any of the party will not execute the award passed by the arbitrator the
opposite party has the right to go to the Court for the purpose of claiming of
the award passed by the arbitrator.
You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
11. Miscellaneous Provisions
No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of these Terms & Conditions will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in these Terms & Conditions, “including” means “including but not limited to.” If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then these Terms & Conditions will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these Terms & conditions set forth the entire agreement between you and Crudoimage regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of these Terms & Conditions constitutes writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
12. Information Collection, Use, and Sharing
By submitting any Crudoimage contact form, you understand that you may be contacted by a Crudoimage representative or a representative from the partner you’ve chosen. You may be contacted via telephone, email, text, or prerecorded message regarding Crudoimage programs, offers, events, announcements, and offers from Crudoimage’s third party marketing partners. If you respond to any such offer, your information will be subject to that third party’s terms and conditions. By providing us your phone number, you grant Crudoimage permission for the use of text messages, prerecorded voice or and/or automatic telephone dialing systems to contact you and/or deliver Crudoimage related information, offers or announcements.
You also agree that Crudoimage may attempt to contact you via any telephone number you provide, even if it is a mobile telephone number which may result in charges to you. You can opt out from Crudoimage email and messaging services at any time by writing to firstname.lastname@example.org .
You understand that agreeing to run diagnostics on the Crudoimage app/Website program will allow Crudoimage access to your device, solely in relation to conducting the assessment of the quality parameters of your device. In no matter will your private information and data on the device will be accessed for any other purpose and that such information shall not be downloaded by the Company or used in any other manner.