This document is an electronic record in terms of Information Technology Act, 2000 and Rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
You may use My Galaxy to avail the offers/deals/schemes provided by third party service providers (“Participating Partners”). Some of the offers/deals/schemes/ services may be offered by Samsung while other may be made available by third parties affiliated / not affiliated with Samsung. You agree that Samsung is not responsible for any offers/deals/schemes/ services that originate from the source other than Samsung. All third party offers/ deals/ schemes/ services provided by the Participating Partners are provided on “As Is” basis and shall be subject to terms and conditions of the such Participating Partners, without any recourse to Samsung.
My Galaxy is available to you only in India as of now. You agree not to use or attempt to use My Galaxy from outside this location. Samsung may use technologies to verify your compliance. However Samsung will regularly update you regarding the change in permissible geography.
In order to use the offers/deals/ schemes/ services on My Galaxy,
- You Agree and Confirm
- You shall provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found to be false (wholly or partly), we have the right and the sole discretion to reject the registration and debar you from using the services of My Galaxy.
- That you shall access the services available on My Galaxy and transact at your sole risk and shall use your best and prudent judgment before entering into any transaction through My Galaxy.
- You agree and confirm that you shall not use My Galaxy for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer systems.
- Breaching any applicable laws, rules or regulations.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owner.
- Do not access services using a method other than the interface and the instructions that we provide.
In connection with your use of the services, we may send you service announcements, administrative messages, and other information.
- Account and Registration Obligations
In consideration of your use of My Galaxy , you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by My Galaxy’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of My Galaxy (or any portion thereof). You undertake to indemnify and keep indemnified Samsung and its affiliates for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.
- Your Login Profile
You need to register with information such as mobile number, date of birth, gender, email ID , location etc. which may be sharable to third parties basis user consent. Please note that the One Time Password (“OTP”) generated by you (if any) for accessing My Galaxy should not be shared by you with anyone else at any time.
Also, the mPIN generated by you to access My Wallet provided by Pockets ICICI Bank should be kept confidential by you and not be shared with anyone at any time.
- For CouponDunia related Term of Use please click here
- For InMobi please click here
- For Qwikcilver (woohoo) please click here
- Electronic Communications
When you visit My Galaxy or send email(s) to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you through email/ SMS/ Call. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements.
- SMS Communication
On registering on My Galaxy, you agree that we may use your registered mobile number on My Galaxy to send transaction related SMS to you. You also grant us permission that we may send you any transaction related SMS irrespective of having DND services activated on your mobile.
- Our Warranties and Disclaimers
We have taken every care in the preparation of the content of My Galaxy. We disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials of My Galaxy. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials of My Galaxy.
We don’t make any commitments about the content within the offers/deals/schemes, their specific functions, or reliability, availability, or ability to meet your needs. We only connect and highlight the offers/deals/schemes on “AS IS” basis only as given by the participating partners.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
You agree to defend, indemnify and hold us and our employees, directors, officers, agents and their successors and assigns, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of or relating to claims based upon your actions or inactions, which may result in any loss or liability to us or any third party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these Terms.
- Copyright Information
All rights, including copyright, in My Galaxy and any other intellectual property rights in My Galaxy are owned by or licensed to us. Except for private and non-commercial use, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner, photocopied or reproduced without prior written consent of Samsung. Any other use of My Galaxy, including any commercial use, modification, distribution or re-publication without prior written consent of Samsung is strictly prohibited
- Modification of Terms & Conditions of Service We may at any time modify the Terms of our My Galaxy without any prior notification to you. You can access the latest version of the Terms at any given time on our My Galaxy. You agree to regularly review the Terms on My Galaxy. However, if you continue to use My Galaxy you shall be deemed to have agreed to accept and abide by the modified Terms of this Application.
- Termination And Survival of the Terms Samsung has the right to terminate, suspend, modify or withdraw My Galaxy, or change the Terms anytime by giving a seven (7) days notice. Without limiting the foregoing, Samsung shall have the right to immediately terminate at any time your use of My Galaxy, in the event of any conduct by you, which Samsung, in its sole discretion, considers to be unacceptable, or in breach of these Terms or for any other reasons whatsoever. You may terminate these Terms at any time, provided that you discontinue any further use of My Galaxy.
- Governing Law and Jurisdiction
These Terms shall be construed in accord with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of these Terms.
- Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on or by My Galaxy, submitted or offered in connection with your use of My Galaxy (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any comments or use of comments; or (3) to respond to any Comments. You agree that any Comments submitted by you on/ to My Galaxy shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity. You further agree that no Comments submitted by you on/ to My Galaxy will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, bugs, worms, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
We reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on/ to My Galaxy. You grant us the right to use the name that you submit in connection with any Comments. You undertake not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments that you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
- Limitation of Liability and Disclaimers
My Galaxy is provided without any warranties or guarantees and in an “As is” condition. You must bear the risks associated with the use of My Galaxy.
We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with My Galaxy. This disclaimer constitutes an essential part of these Terms. To the fullest extent permitted under applicable law, we shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with My Galaxy, its services or these Terms.. We, our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, relevance and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of My Galaxy or that the operation of My Galaxy will be error free and/or uninterrupted and/or free of harmful components or that any of the offers/deals/schemes or services of the contents of My Galaxy, including your content or the third party content, will be secure or not otherwise lost or damaged.
Except to the extent prohibited by law, we and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of usage of My Galaxy. Consequently, Samsung assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of My Galaxy; and/or any interruption or errors in the operation of My Galaxy.
You are prohibited from violating or attempting to violate the security of My Galaxy, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus, bug or worm or other file or software to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing”; (d) sending unsolicited email, including promotions and/or advertising of offers/deals/schemes or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Samsung will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of My Galaxy or any activity being conducted on My Galaxy. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search My Galaxy.
- Entire Terms
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms shall constitute the entire agreement between you and Samsung with respect to our My Galaxy application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the My Galaxy. In addition to these Terms, you will also be required to be bound by any additional terms and conditions that may be made applicable to you by participating partners, from time to time, in relation to the offers/deals/schemes and services offered . Our failure to act with respect to breach by you or others does not waive our right to act with respect to subsequent or similar breaches.