Terms & conditions

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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Samsung Mall application.

Your use of the services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Samsung Mall including the applicable policies which are incorporated herein by way of reference. If you transact on Samsung Mall, You shall be subject to the policies that are applicable to the Samsung Mall for such transaction. By mere use of the Samsung Mall, You shall be contracting with Samsung and these terms and conditions including the policies constitute your binding obligations, with Samsung.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE/APPLICATION INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Samsung Policies ((including but not limited to Privacy Policy available on http://www.samsung.com/in/info/privacy.html as amended from time to time.

For the purpose of these Terms of Use, wherever the context so requires "You/ you" “your” or "User" shall mean any natural or legal person who has agreed to become a user on the Samsung Mall by providing registration data while registering on the Samsung Mall as registered user using the computer systems. The term “Samsung”, "we", "us", "our" shall mean Samsung India Electronics Pvt. Ltd.

You may use Samsung Mall to search, compare prices of various products available on different e-commerce portals. Samsung Mall also facilitates you to buy the product by redirecting you to relevant e-commerce portal. There may be some offers/deals/schemes also provided by e-commerce portals or any third parties (“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 such Participating Partners, without any recourse to Samsung. Samsung neither conducts nor has control over any commercial activities in connection with your use of Samsung Mall.

1. License

  1. Samsung grants you a non-exclusive, non-transferable, limited right and license to access and use Samsung Mall for your personal use only, provided that you comply fully with Terms of Use. Samsung reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of the Terms of Use and upgrade /modify Samsung Mall, as required from time to time. We reserve the right to refuse access, or remove or edit content on Samsung Mall in our sole discretion.
  2. Samsung Mall includes software and data provided by third parties. You acknowledge that Samsung Mall is proprietary to Samsung and its licensors, and protected under applicable copyright and other intellectual property laws. These TOU and your use of Samsung Mall do not grant you any ownership interest in or to Samsung Mall, and you are granted only a limited license to use which is revocable in accordance with the terms of these TOU. You may not use Samsung Mall to reproduce copyrighted materials, or materials you do not have the right or legal approval for reproduction. Samsung Mall is available to you only in India as of now. You agree not to use or attempt to use Samsung Mall from outside this location. Samsung may use technologies to verify your compliance. However Samsung will regularly update you regarding the change in permissible geography.
  3. Use of Samsung Mall requires Your Device to have access to the Internet via mobile network or WiFi (fees may apply), and requires obtaining updates or upgrades made available by Samsung from time to time. Because use of Samsung Mall involves hardware, software, Internet access and applicable updates, Your ability to use Samsung Mall may be affected by the performance of these factors. You acknowledge and agree that complying with such system requirements, which may be changed from time to time, is Your responsibility. You hereby consent to receive notices, disclosures and other communications regarding Samsung Mall via email, SMS, in-application messages and other communications to Your device.

2. You Agree and Confirm

  1. 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 Samsung Mall.
  2. That you shall access the services available on Samsung Mall and transact at your sole risk and shall use your best and prudent judgment before entering into any transaction through Samsung Mall.

3. You agree and confirm that you shall not use Samsung Mall for any of the following purposes:

  1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  2. 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.
  3. Gaining unauthorized access to other computer systems.
  4. Breaching any applicable laws, rules or regulations.
  5. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owner.
  6. Do not access services using a method other than the interface and the instructions that we provide.
  7. Do not use Samsung Mall for any purpose other than personal use for online shopping of products.

Using our services does not give you ownership of any intellectual property rights in our services or the content you access. These terms do not grant you the right to use any branding or logos used in our services. Don’t remove, obscure, or alter any legal notices displayed in or along with our service.

In connection with your use of the services, we may send you service announcements, administrative messages, and other information.

4. Restrictions

Except to the extent that mandatory local law requires that you be able to do so, you will not (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the Samsung Mall; (ii) modify or disable any features of the Samsung Mall; (iii) create derivative works based on the Samsung Mall; (iv) rent, lease, lend, sublicense or provide commercial hosting services with Samsung Mall; (v) infringe our intellectual property rights or those of any third party in relation to your use of Samsung Mall (to the extent that such use is not licensed by these TOU); (vi) use Samsung Mall in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOU, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into Samsung Mall or any operating system; (vii) use Samsung Mall in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and (viii) collect or harvest any information or data from Samsung Mall or our systems or attempt to decipher any transmissions to or from the servers running Samsung Mall.

5. Account and Registration Obligations

In consideration of your use of Samsung Mall, 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 Samsung Mall’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 Samsung Mall (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.

This Application uses Google Analytics for the purpose of certain analysis. For more details on how Google Analytics collects, processes, stores and protects the data please visit www.google.com/analytics/terms/us.html subject to Googles privacy policy. The information collected is in the form of aggregated data and is not personally identifiable. No personal information/ personally identifiable information is collected by Google Analytics. The information collected will be subject to Samsung’s Privacy Policy (http://www.samsung.com/in/info/privacy/) and shall be used only for internal analysis.

"Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Services, you are responsible for maintaining the confidentiality of your Login ID and Password and for restricting access to your smartphone, and you agree to accept responsibility for all activities that occur under Your Login ID or Password. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You undertake to indemnify and keep indemnified Samsung for any loss, claim, damage, costs (including legal and professional costs) relating to your responsibility or liability or failure including those aforesaid. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

6. 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 Samsung Mall should not be shared by you with anyone else at any time.

7. Participating Partner terms of use:

All offers/ deals/ schemes/ services provided by the participating partners are provided on “As Is” basis and shall be subject to terms and conditions of such participating partners. You agree to be bound by terms of use of participating partners providing offers/deals/schemes/ services on Samsung Mall.

Samsung is a participant in the Amazon Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.in
CERTAIN CONTENT THAT APPEARS ON SAMSUNG MALL COMES FROM AMAZON SELLER SERVICES PRIVATE LIMITED OR OTHER PARTNERS. THE CONTENT IS PROVIDED BY SAMSUNG ON ‘AS IS’ BASIS AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.

8. Electronic Communications

When you visit Samsung Mall 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 by email or SMS. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements.

On registering on Samsung Mall, you agree that we may use your registered mobile number on Samsung Mall 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.

9. Our Warranties and Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG MALL IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG DISCLAIMS ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMSUNG OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG OF WARRANTY REGARDING SAMSUNG MALL, OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG.

We don’t make any commitments about the content, the offers/deals/schemes, their specific functions, or reliability, availability, or ability to meet your needs. We only connect and highlight the content/offers/deals/schemes on “AS IS” basis only as given by the participating partners.

10. Indemnification

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.

11. Copyright Information

All rights, including copyright, in Samsung Mall and any other intellectual property rights in Samsung Mall 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 Samsung Mall, including any commercial use, modification, distribution or re-publication without prior written consent of Samsung is strictly prohibited

12. Consent for Collection and Use of Data

All rights, including copyright, in Samsung Mall and any other intellectual property rights in Samsung Mall 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 Samsung Mall, including any commercial use, modification, distribution or re-publication without prior written consent of Samsung is strictly prohibited

13. Modification of Terms & Conditions of Service

We may at any time modify the Terms of our Samsung Mall without any prior notification to you. You can access the latest version of the Terms at any given time on our Samsung Mall. You agree to regularly review the Terms on Samsung Mall. However, if you continue to use Samsung Mall you shall be deemed to have agreed to accept and abide by the modified Terms of this Application.

14. Termination And Survival of the Terms

Samsung has the right to terminate, suspend, modify or withdraw Samsung Mall, 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 Samsung Mall, 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 Samsung Mall.

15. 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.

16. Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on or by Samsung Mall, submitted or offered in connection with your use of Samsung Mall (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 Samsung Mall 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 Samsung Mall 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 Samsung Mall. 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.

17. Limitation of Liability and Disclaimers

Samsung Mall is provided without any warranties or guarantees and in an “As is” condition. You must bear the risks associated with the use of Samsung Mall.

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 Samsung Mall. 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 Samsung Mall, 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 Samsung Mall or that the operation of Samsung Mall 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 Samsung Mall, 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 Samsung Mall. 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 Samsung Mall; and/or any interruption or errors in the operation of Samsung Mall.

18. Security

You are prohibited from violating or attempting to violate the security of Samsung Mall, 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 Samsung Mall or any activity being conducted on Samsung Mall. 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 Samsung Mall.

19. 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 Samsung Mall application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Samsung Mall. 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.