Exchange Program Terms and Conditions

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Exchange Program Terms and Conditions

Acceptance of the Terms of Use

These terms of use are entered into by and between You and [MOBITECH CREATIONS PRIVATE LIMITED], with its registered address at [D 13/1,, MODEL TOWN II, NEW DELHI, North West, Delhi, India, 110009] (“Company”, “we”, or “us”). The following terms and conditions (“Terms of Use”), govern the Exchange Program (the “Exchange Program”). Please read the Terms of Use carefully before you conduct the Exchange Program.
By clicking “accept” or “agree” to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at .
By making the exchange, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the legal eligibility requirements. If you do not meet all of these requirements, you must not make the exchange.

Terms of the Exchange Program:

1. What is the OnePlus Exchange Program and how does it work?
The OnePlus Exchange program enables users to exchange any used smartphone and get an instant discount at checkout when you purchase a new OnePlus smartphone. To exchange your device, you can enter your pin code and go through a few evaluation questions on any of our smartphone purchase page to know how much your used device is worth and get that price deducted from your new phone order. Your device will be collected post a quick evaluation at the time of delivery of your order. 

2. Is Exchange available in my area?
You can check the availability in your area by entering your PIN code in the exchange section on our smartphone purchase pages.

3. What devices are eligible for exchange with OnePlus Exchange?
You can check the list of eligible devices while placing an exchange order. You will be asked to enter your IMEI number to confirm the eligibility of your device for exchange. 

4. What should I do before the courier comes to get my old device ready to exchange?
Please make sure to back-up all the data on your Exchange device, store it somewhere safe, and erase all the data on the device before our delivery person arrives.
Please ensure your device is at least 75-80% charged at the time of pickup.

At the time of pickup, you will need to have an active internet connection.


5. Where can I find the estimated Exchange value of my current device?
You can check the estimated device value for your device and limited-time bonuses both on the OnePlus Store app and oneplus.in. The estimated exchange values of some smartphones and our bonus policies are available on the OnePlus Exchange Program page. You can get the precise exchange value of your device on our smartphone purchase pages.

6. What are the bonuses for the Exchange Program? 
The Exchange bonus is an additional value that you can get when exchanging selected OnePlus devices. You can also get an extra bonus when buying specific OnePlus smartphones.  
One account can only apply the exchange bonus and extra bonus for one time within half a year.  
You can check out OnePlus store app and oneplus.in to get the latest information on any limited-time bonuses we are running.

7. How do I find my IMEI number to exchange my mobile phone?
You can dial *#06# on your mobile phone to get your IMEI number. 

8. Why is my device unavailable for Exchange?
This could be because the Exchange service might not be available at your pin code. The eligibility for exchange also depends on the brand and model of your device and the condition in which your device is. If your device is eligible for exchange, you can try exchanging a different device.

9. What happens after I place my order?
Once the order is placed, our courier partner will bring your order to your doorstep within a few days. The delivery executive will call you before delivery to confirm your availability. At the time of delivery, the delivery executive will do a quick evaluation of your exchange device to check if the exchange device fits the description stated while placing the order. If the device matches the description stated, the delivery executive will collect your device and handover your new OnePlus smartphone.

10. Will I get a receipt for my Exchange order?
Yes, we will send you the invoice once the delivery is completed.

11. Is there a way to track my exchange status?
You can track your purchase and exchange status from your OnePlus account on the order section of OnePlus Store app and oneplus.in. We’ll also send out status updates via email.

12. Will the courier call before the pickup?
Our courier will call you beforehand to ensure that you are available when he arrives. If you won't be available, you can re-schedule to a different time directly with the courier.

13. What happens to the data on my old device?
Please back up your data before the delivery executive arrives. Our delivery executive will ensure that the data on your phone is completely erased before taking it.

14. What happens if there is a problem with my Exchange device?
If your Exchange device condition does not match the description you stated while placing the order, our delivery executive will not accept your device and your new phone order will also be cancelled. In such cases, we will issue a refund to your original payment method within a week. 

15. Can I exchange more than one old device to buy one new device?
No, you can exchange only one device per smartphone order. 

16. Can I exchange a different device other than the one described while placing the order?
No, once the order is submitted, you must exchange the same device that was described at the time of ordering. The Exchange discount given is based on the device details submitted by you. If our delivery person finds that your old device condition does not match the description stated while placing the order, the exchange process will be suspended, and your new phone order will be cancelled as well.

17. Can I cancel my Exchange order? 
Yes.
1. Before your package is shipped, you can cancel your order on the Account page. If you cancel the exchange order, your new phone order will be canceled as well.
2. Once your package is shipped out, you can only inform the delivery executive that you wish to cancel your Exchange order when they arrive at your address. The delivery executive will help you cancel your exchange order as well as your new phone order. If you still wish to buy the phone, you will need to place a new order.

18. Can I get my exchange device back after the exchange is completed?
Once our delivery executive has picked up your exchange device you will not be able to get the device back.

19. Do I have to include accessories like chargers and cables? It’s not necessary, but you can give your chargers and cables to the delivery person when they take away your old smartphone. 

 

Limitation

1.One account can only have three failed Exchange orders per year.

2.One account can only apply two Exchange orders in 30 days.

3.One account can only use the Exchange bonus twice per year.

 

Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all exchanges thereafter.

Intellectual Property Rights
Exchange Program and its entire features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company or its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Trademarks
Exchange Program feature/ webpage and any related logos are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company or its licensors. All other names, logos, product and service names, designs, and slogans on the Exchange Program webpage are the trademarks of their respective owners.

Prohibited Uses
You may use the Exchange Program webpage only for lawful purposes and in accordance with these Terms of Use.

Reliance on Information
The information presented on or through the Exchange Program webpage is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Exchange Program webpage, or by anyone who may be informed of any of its contents.

Geographic Restrictions
We provide the Exchange Program webpage for use only by persons located in India. We make no claims that the Exchange Program webpage or any of its content is accessible or appropriate outside of India. Access to the Exchange Program webpage may not be legal by certain persons or in certain countries. If you access the Exchange Program webpage from outside India, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Exchange Program webpage will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE EXCHANGE PROGRAM WEBPAGE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE EXCHANGE PROGRAM WEBPAGE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE EXCHANGE PROGRAM WEBPAGE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE EXCHANGE PROGRAM WEBPAGE IS AT YOUR OWN RISK. THE EXCHANGE PROGRAM WEBPAGE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE EXCHANGE PROGRAM WEBPAGE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE EXCHANGE PROGRAM WEBPAGE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE EXCHANGE PROGRAM WEBPAGE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE EXCHANGE PROGRAM WEBPAGE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE EXCHANGE PROGRAM WEBPAGE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE EXCHANGE PROGRAM WEBPAGE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE EXCHANGE PROGRAM WEBPAGE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE EXCHANGE PROGRAM WEBPAGE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of any information obtained from the Exchange Program webpage.

Governing Law and Jurisdiction
All matters relating to the Exchange Program webpage and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of India without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Exchange Program webpage shall be instituted exclusively in the competent courts of Bangalore, India. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and MOBITECH CREATIONS PRIVATE LIMITED [Iris to please update with the applicable OnepLus entity. ]regarding the Exchange Program webpage and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Exchange Program webpage..

Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Exchange Program should be directed to [OnePlusCare@oneplus.com].