GENERAL TERMS OF USE OF WEBSITE

The Website (“Terms“) is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. These Terms are an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules there under. These Terms being electronic records are generated by a computer system and do not require any physical or digital signatures.

INTRODUCTION

The website www.phoneclub.in (“Website”) is operated by CUDA TECH, a company incorporated under the Companies Act, 2013 having its registered office at 1G 44, opposite to Dussehra Ground Bus Stand, Block G, B.P, New Industrial Township, Faridabad, Haryana 121001 (INDIA). Use of the Website and its services is governed by these Terms of Use (“Terms”).

By using the Website, users signify they have carefully read, understood, and agree to be bound by these Terms. When users transact or browse through the Website or avail of any service provided by the Website, in the present or future, users accept and agree to be bound by these Terms, policies, guidelines, and conditions of Phone Club’s service.

These Terms could be changed, altered, edited, amended, modified, reviewed, revised, or substituted by Phone Club at any time with or without prior notice, and users are requested to read the Terms before using or accessing the Website.

USE OF WEBSITE

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose except as expressly permitted by Phone Club. Phone Club and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Phone Club believes that User conduct violates applicable law or is harmful to the interests of Phone Club or its affiliates.

ELIGIBILITY

The user should have completed 18 years of age and be competent to enter into a contract under Indian contract law. Any user under 18 years of age who is intending to avail of the services of the Website should do so through his or her legal guardian in accordance with applicable law.

If any person is using the Website on behalf of any corporation, company, institution, association, or other entity, the person should be authorized by such corporation, company, institution, association, or other entity to use and access the Website.

Phone Club reserves the right to refuse access to use the services offered on the Website to new Users or to terminate access granted to existing Users at any time without according any reason for doing so.

USER ACCOUNT

The user may browse the Website without registering with Phone CLub. The user has to set up an account with the Website before availing of any online services provided through the Website. The user can create an account by entering an email address and password or by using any permitted social media website account to sign in (“Account Information”). The email address provided is not verified by Phone Club and hence, it is advisable for the user to provide a valid email address. The Website will set up an account and email the details of the account to the user at the email address provided. A user can then access the account on the Website. A user can also create and update an account through Customer Support.

A user can create one user account only and no user is permitted to transfer or interchange the User Account. The list of user information required to be provided by the user, the manner of usage, protection, and confidentiality of user information and account information are more specifically dealt with under the Website’s Privacy Policy and the users are requested to read in detail the Privacy Policy before sharing user information or creating an account.

USER JURISDICTION

If the Website is used from outside India, it is entirely at the user’s risk. The Website makes no representation that its contents and other features are available or otherwise suitable for use outside India. If the Website is used and accessed from or in locations outside India, the user shall ensure that the usage of the Website is legal and valid under the applicable law of the user’s location. The user agrees to undertake all liabilities, responsibilities, and consequences under applicable law in connection with the use of the Website from or in any location outside India. The user accessing the Website from any location outside India agrees and consents to enter into separate or additional terms as may be required by Phone Club at any time.

PROPRIETARY RIGHTS IN CONTENT

User acknowledges that the Phone Club website contains content, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, and other material (collectively Content) that is protected by copyrights, trademarks, trade secrets, or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Site is the exclusive property of Phone Club and protected by international copyright laws. All software used on this website is the exclusive property of Phone Club and protected by international copyright laws. The Content and software on this website may be used as a shopping and selling resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Content of this website is strictly prohibited.

SUBMISSION OF INFORMATION OR CONTENT

Phone Club welcomes User comments, information, and submissions (collectively, Submission). Phone Club, however, does not assume any obligation with respect to any Submission, and no confidential or fiduciary understanding or relationship is established by Phone Club receipt or acceptance of any Submission. All Submissions become the exclusive property of Phone Club and its affiliates. Phone Cub and its affiliates may use any submission without restriction and the User shall not be entitled to any compensation.

THIRD-PARTY CONTENT

Neither Phone Club, nor its affiliates, nor any of their respective officers, directors, employees, or agents, nor any third party, including any Provider, or any other user of this website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In some instances, the Content available through Phone Club may represent the opinions and judgments of Providers or Users. Phone Club and its affiliates do not endorse and shall not be responsible for the accuracy or reliability of any opinion, advice, or statement made on this Site by anyone other than authorized Phone Club employees. Under no circumstances shall Phone Club, or its affiliates, or any of their respective officers, directors, employees, or agents be liable for any loss, damage, or harm caused by a User’s reliance on information obtained through Phone Club. It is the responsibility of the User to evaluate the information, opinion, advice, or other Content available through this website.

ONLINE CONDUCT

The user agrees to use this website only for lawful purposes. User is prohibited from posting on or transmitting through Phone Club any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If Phone Club is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by the User,

Phone Club may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Phone Club.

Phone Club may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Phone Club; or (iii) to protect the rights or property of Phone Club, its Users or Providers. Phone Club reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, this website, the communities that makeup Phone Club, or any rights of Phone Club or its affiliates or any other party. Notwithstanding the foregoing, neither Phone Club nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Phone Club, nor its affiliates, nor any of their officers, directors, partners, employees, agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Phone Club.

DISCLAIMERS AND LIMITATION OF LIABILITY

The user agrees that the use of this website is at the User’s sole risk. Neither Phone Club, nor its affiliates, nor any of their respective officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, Providers), warrant that this website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this website, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Site.

THIS WEBSITE IS PROVIDED BY PHONE CLUB ON AN AS-IS AND AS AVAILABLE BASIS. Phone Club MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW.

PHONE CLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PHONE CLUB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Under no circumstances shall

Phone Club or any other party involved in creating, producing, or distributing this website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this website, including but not limited to reliance by a User on any information obtained from Phone Club or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Phone Club’s records, programs, or services. User hereby acknowledges that these disclaimers and limitations on liability shall apply to all content, merchandise, and services available through this Site. In states that do not allow the exclusion of limitation or limitation of liability for consequential or incidental damages, the User agrees that liability in such states shall be limited to the fullest extent permitted by applicable law.