Nokia - Terms and Offers (India)
Following terms and conditions (the “Terms and Conditions”) shall apply to the Nokia 3.4 and Nokia BH405 Power Earbuds Lite Offer (hereinafter called “the Offer”) detailed below. For the purposes of these Terms and Conditions, the term ‘Organizer’, when used with reference to a legal entity, shall mean HMD Mobile India Pvt. Ltd. Please read the offer terms carefully. These Terms and Conditions govern the relationship between Organizer and the Consumer(s) for the Offer.
This Offer is available only on:
A. Purchase of Nokia 3.4 and Nokia BH405 Power Earbuds Lite (together referred to as “Selected Devices”) purchased only between 10th February 2021 until 31st March 2021 or till the stock lasts, whichever is earlier; AND
B. Upon reaching a minimum cart order value of INR 15,598 (without discounts).
This Offer is available only for consumers purchasing Selected Devices on the official ‘Nokia phones’ website available at www.nokia.com/phones (hereinafter referred to as the “Website”) within the territorial jurisdiction of India only. For avoidance of doubt, the Offer is void outside the territorial limits of India and wherever else prohibited by law. Consumer also agrees and acknowledges that the Offer shall be null and void, in the event the Consumer is unable to reach the minimum cart order value of INR 15,598 (without discounts).
Pre-order the Selected Devices i.e., the Nokia 3.4 and Nokia BH405 Power Earbuds Lite and receive a total of INR 1600 discount on the total price.
Final bundle price: INR 13998.
In the event the Consumer seeks to return the purchased Selected Devices, the following shall apply:
a. Scenario 1 – Consumer returns both products i.e., Nokia 3.4 and Nokia BH405 Power Earbuds Lite, then Consumer shall receive the Final bundle price back i.e., INR 13998.
b. Scenario 2 – Consumer returns one product from the selected bundle, in that event this entire bundle offer shall be deemed to be null and void automatically. The Consumer shall receive a refund of the original selling price of the Selected Device(s) with the bundle offer of INR 1600 deducted.
The offer shall be governed by and construed in accordance with the laws of India including tax regulation as and when applicable. Any disputes, differences and, or, any other matters in relation to and arising out of the Offer and, or, pertaining to the Terms and Conditions shall be referred to arbitration under the Arbitration & Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator to be appointed by the Organizer. The venue of arbitration shall be New Delhi.
The Organizer and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever to the fullest extent permitted by law, and will be held harmless and indemnified by Consumer for any injuries, losses or costs or damage of any kind resulting in whole or in part, directly or indirectly from acceptance, possession, misuse or use of the from participation in this Offer. This Offer is being made purely on a "best effort" basis and participating in this Offer is voluntary. This release is for any and all liability for personal injuries (including death), property loss or damage, and misuse of the benefits/ prizes offered under this Offer, in connection with any activity or directly or indirectly, by reason of the acceptance, possession, or participation in the Offer, even if caused or contributed to by Organizer’s negligence. The Consumer undertakes to indemnify and keep the Organizer and its representatives harmless and indemnified against any loss, damage, claims, costs and expenses which may be incurred or suffered by the Organizer due to breach of any Terms and Conditions contained herein by the Consumer and/or infringement or violation of any patent, copyright, trademark, trade secret or other proprietary right of a third party by the Consumer.
Consumer represents and warrants that it has the consent and right to provide any personal data, confidential information or information pertaining to a third-party to the Organizer. Consumer agrees and acknowledges that in no event shall the Organizer be responsible or otherwise liable, in any manner whatsoever for any personal data or confidential information received from any third-party.
Subject to any applicable law: (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly disclaimed by Organizer including, but not limited to, meeting of requirements or aspirations, timeliness, security, the results or reliability of any competition, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, prizes or awards acquired or obtained through the competition or any transactions effected through the competition; (b) Consumer expressly agrees that participation in the Offer offered by Organizer is at Consumer’s sole risk and is governed by the Terms and Conditions herein; and (c) No advice or information whether by representations, oral, written or pictorial derived from the website or through the Offer shall be construed to mean the giving of any warranty of any kind by the Organizer.
Nothing in the competition shall affect any intellectual property rights of the Organizer in any product or service, which may be the subject matter of the Offer. All Pre-existing intellectual property rights, including but not limited to trademarks, copyrights, designs, patents, marks, wordmarks, owned by any Organizer or any third-party, and enhancements thereto shall remain vested in Organizer or that relevant third party with full ownership rights therein.
Consumer shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Organizer reserves the right to bar any such activity. Consumer shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Organizer’s server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means. Consumer shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. Consumer shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Organizer, including any account not owned by Consumer, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Consumer’s own information, as provided for by the Website.
An 'Affiliate' means any legal entity owned or controlled by the Organizer, which owns or controls the Organizer, or which is under common ownership or control with the Organizer. The term 'ownership' means more than 50% direct or indirect ownership/shareholding and the term 'control' means direct or indirect control of the management or the board of directors.
By participating in this activity, the Consumers are deemed to have agreed to the terms and conditions. If proven not to meet these Terms & Conditions, then the Consumer will automatically be deemed ineligible for the Offer.
All other costs, taxes if any, including insurance and incidental costs that may be levied or incurred on the benefit(s) shall be fully borne by the Consumer.
In addition to these Terms and Conditions, other specific terms may be imposed by the Organizer any time to deal with any unforeseen situation. The Organizer also reserves the right to change the Terms and Conditions contained herein and, or, any other rules and regulations in respect to the competition at any time without any notice, without assigning any reason and without any liability whatsoever. Consumers are requested to refer to such other terms and conditions, if any, which may be displayed on-line or intimated separately as the Organizer considers fit.