Terms of Use of Red Cable Privé

Acceptance of the Terms of Use

These terms of use are entered into by and between You (or “user”) and Mobitech India Private Limited  (“Company”, “we”, or “us” or “OnePlus”). The following terms and conditions (“Terms of Use”), govern your access to and use of the Red Cable Privé platform.

Please read the Terms of Use carefully before you start to use Red Cable Privé. 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 <Link to Privacy> and incorporated herein by reference.

Red Cable Privé is an engagement platform for loyal OnePlus users to earn and redeem Red Coins to get exclusive benefits.

By using Red Cable Privé, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Red Cable Privé.

Description of Red Cable Privé:

  • Red Cable Privé is exclusively reserved for Red Cable Club members and other OnePlus users.  
  • All OnePlus smartphone users can activate their complimentary lifetime Red Cable Club membership by just linking their device IMEI with their OnePlus account.
  • Red Cable Privé may offer products and services of partner brands but it is not endorsing the partner products or the benefits offered by its partners.
  • The Benefits are valid for limited inventory and subject to availability. 
  • Entity that owns and operate Points Mall: Mobitech India Private Limited 
  • Entity that bills the items to customers: Mobitech India Private Limited 
  • Entity that signs technology partnership with vendors (Payments, points, logistics etc): Mobitech India Private Limited 
  • OnePlus reserves the right to block malicious users and forfeit the point they get.  
  • OnePlus reserves the right to modify, withdraw or suspend fresh issue or utilisation of Red Coins feature on its platform to select or all users temporarily or permanently at any time without any compensation or prior notice. 
  • OnePlus reserves the right to disqualify You from this Program if any fraudulent/abuse/reseller/affiliates activity is identified as being carried out for the purpose of availing the benefits. Your account can be permanently suspended and any unused benefits including Red Coins can be forfeited.
  • All statutory taxes (direct or indirect, including local levies, TDS, GST, gift tax, registration fees, Insurance) on the benefits, wherever applicable, shall be payable by user. OnePlus will not be responsible / liable for the same. 

Payment mechanism:

  • Via Online Payments and Red Coins 
  • Red Coins are a feature introduced by OnePlus to reward its loyal community and members of Red Cable Club. It is not a currency, it’s an internal reward mechanism to improve engagement and has no monetary value.
  • Red Coins cannot be converted to cash or used in lieu of cash. 
  • Red Coins can be earned using various engagement activities offered by OnePlus.  
  • Red Coins can be used exclusively on Red Cable Privé. 
  • Red Coins cannot be cancelled, purchased, sold, gifted or transferred. 
  • Red Coins are non-refundable once the order has been dispatched. 
  • Red Coins will expire after 1 year at the end of the month in which they were credited to a user's account. For example, user earned 100 Red coins on 1st Jan 2020 which will be automatically expired on 31st Jan 2021 mid-night if not used prior to date of expiry.
  • Red Coins are voluntary but users are encouraged to collect complimentary Red Coins and avail the benefits.
  • OnePlus collects and rewards users with Red Coins for voluntarily sharing of personal information such as user profile, interests, social media details etc. required to personalise and enhance user experience .
  • Users can also earn Red coins on every payment made on the Prive platform as well as by participating in various engagement activities like promotion campaigns and events.

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 access to and use of Red Cable Privé thereafter. 

Your continued use of Red Cable Privé following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check the ‘Terms of Use’ available in the ‘Red Cable Privé’ from time to time so you are aware of any changes, as they are binding on you. 

Accessing Red Cable Privé and Account Security

We reserve the right to withdraw or amend these Terms of Use and any service we provide on Red Cable Privé, in our sole discretion without notice. We will not be liable, if, for any reason, all or any part of Red Cable Privé is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Red Cable Privé, or the entire platform, at our sole discretion.

You are responsible for both:

  • Making all arrangements necessary for you to have access to Red Cable Privé.
  • Ensuring that all persons who access Red Cable Privé through your internet connection are aware of these Terms of Use and comply with them.

You agree that all information on your device that forms part of the results on Red Cable Privé is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights

Red Cable Privé and its entire platforms, 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.

These Terms of Use permit you to use Red Cable Privé for your personal, non-commercial use only.

No right, title, or interest in or to Red Cable Privé is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of Red Cable Privé not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Red Cable Privé 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 Red Cable Privé are the trademarks of their respective owners.

Prohibited Uses

You may use Red Cable Privé only for lawful purposes and in accordance with these Terms of Use.

Reliance on Information

The information presented on or through Red Cable Privé 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 Red Cable Privé, or by anyone who may be informed of any of its contents.

Red Cable Privé’ results may include content provided by third parties. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to Red Cable Privé

Any of the results or content on Red Cable Privé may be out of date at any given time, and we are under no obligation to update such material.

Links from Red Cable Privé

If Red Cable Privé results contain links to other sites and resources provided by third parties, these links are provided for your convenience only. Please note there shall be no links to advertisements, including banner advertisements and sponsored links available or visible on Red Cable Privé. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites through the results on Red Cable Privé, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We provide Red Cable Privé for use only by persons located in India. We make no claims that Red Cable Privé or any of its content is accessible or appropriate outside of India. Access to Red Cable Privé may not be legal by certain persons or in certain countries. If you access Red Cable Privé 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 Red Cable Privé 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 RED CABLE PRIVÉ OR ANY SERVICES OR ITEMS OBTAINED THROUGH RED CABLE PRIVÉ OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF RED CABLE PRIVÉ, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH RED CABLE PRIVÉ IS AT YOUR OWN RISK. RED CABLE PRIVÉ, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH RED CABLE PRIVÉ 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 RED CABLE PRIVÉ. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT RED CABLE PRIVÉ, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH RED CABLE PRIVÉ 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 RED CABLE PRIVÉ OR ANY SERVICES OR ITEMS OBTAINED THROUGH RED CABLE PRIVÉ 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, RED CABLE PRIVÉ, ANY WEBSITES LINKED TO IT, ANY CONTENT ON RED CABLE PRIVÉ 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 Red Cable Privé.

Governing Law and Jurisdiction

All matters relating to Red Cable Privé 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 Red Cable Privé 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 Company regarding Red Cable Privé and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Red Cable Privé.

Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to Red Cable Privé should be directed to [redcableclub@oneplus.com].

 

 

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