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Terms & Conditions
Important:
Please read these terms and conditions before you register for and use “LGE” mobile application services(the “service”).
LG Electronics India Ltd. ("LGE" or "we" or LG Electronics India Ltd. Or LGE Mobile application) welcomes you to the LGE MOBILE APPLICATION which provides you, the end-user (either "you" or "end-user"), to access, and/or use services available through the Mobile application or the software made available through or related to the service or the Mobile application (the “Service”) and assistance to enhance your experience with any internet enabled consumer product which is manufactured by LGE and/or its Affiliates ("LGE Internet Enabled Product"). Please read these LGE End-User Terms and Conditions (the "Agreement").All features of the APPLICATION are only for the representation purposes and may divert your query to the other third party contents or LG official website. The Application is only one of the communication medium and does not claims to be the perfect or the only medium between the end users and LGE.
You can register for the service through your mobile device. By registering or the service, you will be taken to have read, understood and accepted these terms and conditions in the same way as if you have signed a printed version and you will be bound by them and they will continue to apply every time you use the service.
In these terms and condition, “we”, ”our” and “us” mean LG electronics India private limited or opts authorized dealers and “you” and “yours” mean the individual who is using the service. These terms and conditions apply to your use of the service (including, for greater certainty, LGE mobile application), and any information contained therein.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and LG Electronics India private limited or its Authorized dealer as a result of this agreement or use of this Application. LG India private limited or its agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LG Electronics India limited or its authorized dealer’s right to comply with government, court and law enforcement request to your use of this application or information provided to or gathered by LG Electronics India limited or its Authorized dealer with respect to such use.
To agree to the terms of the agreement, click "agrees". If you do not agree to these terms, do not click "agree," and do not use or access the mobile application.
LGE may, in its sole discretion, change the terms of the Agreement from time to time. By continuing to access, download, and/or use and/or Services or assistance in the Mobile application after we post any such changes, you accept the Agreement, as modified. We may change, restrict access to, suspend or discontinue the Mobile application, or any of the Services provided, at any time.
LGE respects the privacy of its end-users. Please take time to review our Privacy Policy for the Mobile application [annexure]
You must be Indian citizen at least 18 (eighteen) years of age to use or access the mobile application. If you are under the age of majority in your home state, you must have your parent or legal guardian's permission to use or access the mobile application. The following terms and conditions apply to your use of the mobile application and/or services. Before using, downloading from or otherwise accessing the mobile application, either through your LGE internet enabled product, your smart phone carefully read this agreement. The services and assistance provided through the mobile application are provided to you, the original end-user; solely for your personal use as set forth below. If you do not agree to the terms and conditions of this agreement, do not use, download or otherwise access the mobile application.
1. Your Mobile application & Account Membership
Members are those users who create an account through their smart phones (the “Account” or the “Member Account”) Members may:
- Obtain Services or assistance for any LGE Internet Enabled Product;
- Make changes to Account information; and.
- Cancel an Account.
Each Member will create an account ID and passwords that may be used to access the Mobile application, download application(s) from the Mobile application, and use the Services.
To create a Member Account, you may be required to provide information about yourself (such as identification or contact details). Do not reveal your Member Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Member Account and for all activities that occur on or through your Member Account. You agree that you are solely responsible for (and LGE has no responsibility to you or any third party for) any breach of your Member Account.
Members further agree:
- To provides accurate and complete information when you create a Member Account;
- To keep the information you provide accurate and complete; and
- To notifies LGE immediately of any breach of your Member Account.
- To add or delete any product either earlier purchased or new one at it’s sole discretion.
- To provide and review your instructions, communications, appointment details and information shared by you on regular basis and report any error in timely manner.
- To receive any feedback form, push mails, notifications, market communications, market promotions, alerts, warranty expiry detail, call status , etc.
- That AMC purchase / request shall be entertained only after the Post examination of the concerned product.
- That there may be delay after the call logging on this APP as integration with the service network may take some time ie next day.
End-user further agrees that Survey /feedback form taken by LGE may be for any purposes whatsoever and you shall not entitle for any right whatsoever on the same.
2. Your Use of Mobile application and Services; Access
You agree to use the Mobile application, and the Services only for personal, noncommercial use. You agree not to access or attempt to access the Mobile application by means other than through the interface or software that is provided by LGE, unless LGE specifically authorizes you do to so by written agreement. You agree not to modify the interface or software in any manner, or use modified versions of the software, for any purposes including obtaining unauthorized access to the Mobile application.
You may not reverse engineer, decompile, or disassemble the Mobile application, the Services or any Services downloaded from the Mobile application, except and only to the extent that such activity is expressly permitted by applicable law.
You agree that you will not engage in activities that interfere with or disrupt the Mobile application, any services offered through any Services available on the Mobile application, or any other server, network, service or web mobile application associated with any LGE internet enabled product or the Mobile application (“LGE Internet Enabled Product”). You agree not to misuse our Services. For example, do not interfere without Services or try to access them using a method other than the interface and the instructions that we provide. In addition, you may use our Services only as permitted by laws or regulations.
Access to and downloading from the Mobile application requires at least an LGE Internet Enabled Product and an Internet connection. You may not be able to access Services from the Mobile application unless you are a Member, as defined in this Agreement. In addition, your use of certain aspects of the Mobile application may require an Internet connection.
3. LGE's Rights
LGE reserves the right, in its sole discretion, to add, remove, disable access to, block, or modify the Mobile application, and the Services, and to add, remove, disable access to, block, or modify remotely any Services provided through the Mobile application, if LGE considers such actions are necessary or appropriate including, without limitation, to comply with any contractual obligations (between third parties and LGE), a court order, or for any other reasons LGE deems necessary. LGE may limit the use of or access to certain features or portions of the Mobile application, the Services in its sole discretion without notice or liability.
LGE has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Mobile application, to investigate any reported or apparent violation of this Agreement, and to take action that LGE in its sole discretion deems appropriate, including, without limitation, suspension or termination of Accounts hereunder. If your Account is suspended, you may not cancel your Account until such time as your Account is eligible for reinstatement, in LGE's sole discretion.
4. Intellectual Property Rights
You agree that the Mobile application and the Services available through the Mobile application, including but not limited to the graphics, editorial content, audio clips, video clips, and software, contain proprietary information and material that is owned by LGE or other third parties. Neither you nor anyone acting on your behalf may acquire any intellectual property rights or other proprietary rights, including patents, designs, trademarks, copyrights or trade secrets relating to the contents in the Mobile application or in the Services, except as mutually agreed upon in a writing with the proper parties having authority to grant such rights.
5. Notice and Procedure for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement must be sent to LGE'S Designated Agent. To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online mobile application are covered by a single notification, a representative list of such works at that mobile application;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We may give notice to our users by means of a general notice on any of our web mobile applications, electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below.
To be effective, the counter-notification must be a written communication that includes the following:- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a District Court for the judicial district in which your physical address is located, or if your physical address is outside India, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
6. Third Party Materials, Objectionable Content, LG website Content
You understand, acknowledge and agree that certain Services may provide access to products, services, web content or other third-party materials and that LGE is not responsible for such third party content. You agree that LGE is not responsible for examining or evaluating the third party content or the accuracy of such content or the LG website content as the images, services, product description are only for representation purposes. LGE does not make any representations or warranties regarding, and accepts no liability in respect of, such third party content or any other content on LG website.
You understand, acknowledge, and agree that by accessing and using the Mobile application and Services that you may encounter material, push notifications, mails, messages, product details that you may deem explicit or is offensive, indecent or objectionable to you, or not required by you and that you may not be warned about such material in advance. LG may provide certain tips, maintenance tips, alerts, push notifications, mails, offers, product or service information, new product launches etc. You agree that your downloading, accessing such information and use of all services will be at your sole risk, and LGE shall have no liability to you as a result of any exposure through such services, information.
7. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify and hold LGE its parent and affiliates and their respective directors, officers, employees, and agents harmless from and against any and all claims arising out of your breach of this Agreement, your use of the Mobile application, or your use of any Services on the Mobile application.
8. Warranty and Disclaimers
Except as may be provided under a warranty for newly purchased devices, and to the maximum extent permitted by applicable law, you expressly acknowledge and agree that use of the mobile application or any services provided through the mobile application is at your sole risk and that access to the mobile application is provided to you on an "as is" and "as available" basis and without any warranty of any kind or nature and also that annual maintenance contract (AMC) for out of warranty products will be given post examination of the product by service engineer. LGE does not warrant that use of the mobile application other services will be continuously available or error free. To the maximum extent permitted by applicable law, LGE and its suppliers expressly disclaim any implied or statutory terms, conditions or warranties, including those as to merchantability, fitness for a particular purpose, title, accuracy, and correspondence with description, satisfactory quality and non-infringement. LGE makes no warranty of any kind, whether express or implied, with regard to any third party software or open source software. All third party software and open source software is provided "as-is", without warranties of any kind by lge.
9. Limitation of Liability
To the maximum extent permitted by applicable law and under no circumstances shall LGE, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for incidental, consequential, indirect, special, or punitive damages of any kind, loss of information or data, loss of revenue, loss of business or other financial loss arising out of or in connection with the license or use of the services provided through the mobile application, whether based in contract, tort (including negligence), strict product liability or any other theory, even if LGE has been advised of the possibility of such damages and even if any limited remedy is deemed to have failed of its essential purpose. In no event will LGE be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special, or consequential damages arising out of any services provided or open source software, even if LGE has been advised of the possibility of such damages or losses. Further LGE shall not be responsible or liable for any error made by you in entering any details or providing and request/orders or instructions when you use the application.
Please note that some jurisdictions do not allow the exclusion or limitation of implied warranties, terms or conditions or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you. For further information about your statutory rights, please contact your local authority, trading standards department, citizens' advice bureau or equivalent.
10. Term and Termination
This Agreement is effective until terminated. LGE may terminate this Agreement in whole or as it applies to your use of any Services or the Mobile application if you breach any of the terms of this Agreement. You may terminate it at any time by cancelling your Account, provided that your Account is not in suspension. In addition, LGE reserves the right to modify, suspend, or discontinue the Mobile application (or any part or content thereof) at any time with or without notice to you, for any reason whatsoever, and LGE will not be liable to you or to any third party should it exercise such rights.
If you cancel your Account, you may register for another Account at any time, but you cannot use your prior Account ID for a period of three (3) months from the date of cancellation. If a former Account holder registers again, even under the same Account ID, his or her prior information is not able to be recovered, including any cash or credits or other rights available at the time of cancellation.
11. Miscellaneous Provisions
- Governing law:
This Agreements governed by and construed in accordance with the laws of India, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under this Agreement and or your use of the Services or Mobile applications resides in the courts located in Delhi, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision. - Severability:
In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired. - Enforcement of Agreement:
Enforcement of Agreement: LGE reserves the right to takes any steps it believes to be reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that LGE has the right, without liability to you, to disclose any information relating to your use of the Mobile application to law enforcement authorities, government officials, and/or a third party, as LGE believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement or to comply with applicable law. - Entire Agreement:
Entire Agreement: By accepting this Agreement, you agree that the Agreement (including all incorporated or referenced documents) set forth the entire agreement between you and LGE, and supersede all prior agreements, whether written or oral, with respect to the Mobile application and all Services, notwithstanding the terms or conditions of any such prior agreements. If LGE fails to enforce any right or provision in this Agreement, such failure will not constitute a waiver of such right or provision you acknowledge that the service and the application utilize complex computer and telecommunication networks and that, as such, continued, uninterrupted and error fee access
To the service and/or the application cannot be guaranteed. In light of the forgoing, neither LGE India Private Limited., its affiliates, its licensors, is authorized dealers nor any other third party provider shall be liable in any way for any loss or damage, direct or indirect, which may arise out of any obligation of LGE India private limited or its authorized dealers under this agreements, from any outage, interruption, discontinuation or delay in the service or the application or any part thereof or any error contained therein, or from any other non- performance, defective performance due to any cause due to malfunction of equipment, programs or operations of LGE India limited, its authorized dealers or any third party, or negligence of LGE India Limited., its affiliates, its licensors, its authorized dealers or any third party provider be liable for any punitive, incidental, direct, indirect, special, exemplary or consequential damages, including, but not limited to, loss of data, loss of opportunity, however caused, related to arising out of or in connection with your use of, reliance on, or inability to access or use the service, the application or the information or for any delay in or failure of transmission of any instruction or notification, or for any delay in or failure of transmission of any instruction or notifications sent to us through the service, even if such party knew, should have known or was advised of the possibility of such damages.
If any provision of this agreement is declared to be invalid or unenforceable under any applicable law, the validity or enforceability of the remaining provision contained herein shall not be affected in any manner whatsoever, and any such invalid or unenforceable provision shall be deemed to be severable and ineffective only to the extent necessary to render the remaining portion of these terms and condition valid and enforceable.
You acknowledge and agree that you have read and understood and agree to be bound by the terms and conditions, including, without limitation, the and condition herein, and the provision herein that limit the liability of LGE India Private Limited, its licensors or its affiliates or its authorized services centers for damages, including, without limitation, damages caused by, arising from or in connection with technical errors affecting the service.
These terms and condition form a contract between you and us in respect of the service. For your own b.enefits and protection your own benefit and protection you should read the terms and condition set out herein carefully before you start to use the service.
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