1. The seller confirms that s/he is an Indian citizens of 18 years of age or above. (referred as “Participant”)
2. By agreeing to sell your phone (“Buyback”), the Participant hereby represent, warrant and covenant that:
3. By selling your phone the Participant agrees to irrevocably transfer the title / ownership of the Device once it passes our quality check and payments are made to you.
4. By handing over the Device, Participant confirms that they have removed all confidential information, pictures, contacts, contents, passwords etc. from the Device and that Instacash is not in any way responsible for any data that was or remains in the Device once the Device has been handed over to Instacash or its affiliates.
5. The Participants shall indemnify and keep indemnified OneAssist 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 OneAssist may incur, pay or become responsible as facilitator as a result of breach or alleged breach of the representations or obligations of the Participants under the T&C. OneAssist 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.
6. Participant agrees that by virtue of this acceptance, you grant Oneassist/Its Partner permission for the use of text messages, prerecorded voice or and/or automatic telephone dialing systems to contact you and/or deliver Oneassist/Its Partner related information, offers or announcements.
7. Oneassist/Its Partner reserves the right to refuse to purchase some or all items or to limit the no. of purchases at their sole discretion.
8. Any documents as required by Oneassist/Its Partner in relation to Buyback shall be submitted by the Participant, failure to do the same may result in cancellation of the sell order at the sole discretion of Oneassist/Its Partner.
9. The residents of any state within territory of India, wherever prohibited by Law shall not be entitled to participate in Buyback as applicable.
10. Oneassist/Its Partner shall not be responsible for any loss, injury or any other liability arising out of selling your Device. Further Oneassist/Its Partner 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.
11. Oneassist/Its Partner is not responsible for any technical error or fault of any kind either at the Participant's end or on the Platform, which prevents the Participant from selling their Device.
12. Oneassist/Its Partner 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.
13. Failure by Oneassist/Its Partner to enforce any of their rights at any stage does not constitute a waiver of these rights. Further, Oneassist/Its Partner may assign any of its rights within the Buyback to any party without prior intimation to Participants.
14. Oneassist/Its Partner does not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Participants.
15. No correspondence shall be entertained with regard to any aspect of the Buyback, except as specified.
16. 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 Oneassist/Its Partner whose decision shall be final and binding on all. The place of arbitration shall be Jaipur. The Courts at Mumbai shall have the exclusive jurisdiction in respect of all the subject matter with relation to the Offer.
17. It is clear to the Participant that Oneassist is leveraging its partner for this transaction. It is further clear to Participant that Oneassist will not have liability in whatsoever nature for this transaction.
18. Oneassist/Its Partner may require the Participants 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.
19. Participants acknowledge and agree 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 Oneassist/Its Partner 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.
20. 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 Participant, 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 Participant expressly agree 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.