Welcome to PIKMAX!
The website portal, TV and Video Commerce and the mobile application collectively known as “Platform” are managed and operated by G-Next Consumer Services Pvt Ltd. PIKMAX enables sale and purchase of diverse range of products listed on the Platform from time to time (“Services”).
1. TERMS AND CONDITIONS FOR USE OF THE PLATFORM
- Any person who access and/or use the Platform in any manner (referred as “you”, “your”), shall be subject to these terms and conditions for use and be bound by the policies designed by PIKMAX
- These terms and conditions for use, the policies as list above, and such other policies or terms as may be prescribed by PIKMAX (“Terms”), together constitute a legally binding agreement between the You and Reliance, in connection with the access to or use of the Platform. You are requested to read these Terms carefully before accessing or using the Platform.
3. PIKMAX may update/modify/amend these Terms (or any portion of it) at any time, with or without advance notice.
4. Using the Services or accessing the Platform constitutes your consent to the Terms. By using the Platform, the “you” signify your acceptance of these Terms and agreement to be legally bound by them. If at any time, you do not agree or wish to be bound by these Terms, you may not access or use the Platform. These Terms replace all previous terms and conditions communicated to you by PIKMAX, for the use of the Platform, and all rights and liabilities of PIKMAX for any Services to be provided will be limited to the scope of these Terms.
5. This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder as may be applicable, and the amended provisions of electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
6. In addition to these Terms, you may be required to comply with the Terms and Conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that PIKMAX shall not be held liable for any transaction between the User and any such third parties.
1. To avail of the Services you will be required to register on the Platform. Registration is a one-time process and is free of cost. You may register with PIKMAX by:
- Create an account on PIKMAX by providing the relevant information for the creation of your account on the Platform. Following this, an account with an exclusive user name and password (basis of your inputs) will be created by PIKMAX TEAM for you.
3. USER WARRANTIES AND RESTRICTIONS
1. You may use the Platform for reasonable and lawful purposes only, and shall not indulge in any activity that is unlawful or harmful to the Platform or its content. You are provided with a limited license to access and use the Platform, solely to avail of the Services, subject to these Terms.
2. You will not:
- Delete or modify any content on the Platform, including but not limited to, any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify
- Decompile, reverse engineer, or disassemble the content
- Use the Services in any unlawful way, or harms PIKMAX or any other person or entity, as determined in PIKMAX’s sole discretion
- Using any engine, software, tool, agent, or other mechanisms (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms
- Make false or malicious statements against the Services, the Platform or PIKMAX
- Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform and/or the Services
- Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet
- Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or right of any third-party
- You are solely responsible for maintaining the confidentiality of your Account Information and for restricting access to your computer or mobile or other similar devices to prevent unauthorized access to their account. You are requested to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your Account Information current and accurate. You agree to (a) immediately notify PIKMAX of any unauthorized use of the account or any other security breach, and (b) ensure that they exit from their account at the end of each session. PIKMAX will not be liable for any loss or direct or indirect damage arising from the User’s failure to comply with these conditions. You may be held liable for any losses incurred to PIKMAX or any other user due to unauthorized use of your account, resulting from the failure to keep your Account Information secure and confidential.
- You will not be involved in the transmission of sensitive and personal information, including but not limited to Account Information (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, while accessing or using the Platform.
- You represent and warrant to PIKMAX that: (a) you are 18 (eighteen) years of age or older; (b) your use of the Platform and/or Services will not violate any applicable law or regulation, and (c) all information that is submitted to PIKMAX in connection with the Platform and/or Services is true and accurate.
4. CONTENT ON THE PLATFORM
All information, content, and material contained on the Platform are and continue to be PIKMAX’s or relevant third-party intellectual property. Further, all trademarks, service marks, trade names, and trade secrets with the Platform whether or not displayed on the Platform, are proprietary to PIKMAX or a relevant third party. No information, content, or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written permission. Any unauthorized use terminates the permissions granted in these Terms.
The content of Services, information, text, graphics, images, logos, button icons, software code, interface, design, and the collection, arrangement, and assembly of the content on the Platforms or any of the other Services are the property of PIKMAX or its affiliates or relevant third party (“Content”) and are protected under copyright, trademark, and other applicable laws. The User shall not modify the Content or reproduce, display, publicly perform, distribute, reverse engineer, or otherwise use the Content in any way for any public or commercial purpose or personal gain.
PIKMAX authorizes you to view and access Content solely for identifying Products, carrying out purchases of Products, and processing returns and refunds, under the Return and Refund Policy. PIKMAX, therefore, grants you a limited, revocable license to access and use the Services. This license does not include permission for carrying out any resale of the Products or commercial use of the Content, any collection and use of product listings, descriptions, or prices, and, any derivative use of the Platforms or Content.
You hereby grant PIKMAX a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material, review, feedback, comments, etc., posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and then you waive any claim to the contrary overall feedback, comments, ideas or suggestions or any other content provided by them to PIKMAX through the Platform.
5. MANNER OF USE OF THE PLATFORM
- The display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by you for the purchase of a Product constitutes an offer. All orders placed by you on the Platforms are subject to the availability of such Product, PIKMAX’s acceptance of your offer, and your continued adherence to these Terms. You acknowledge and undertake that you are accessing the Services provided on the Platform and are transacting at your own risk and are using your best judgment before entering into any transactions through the Platform. You may place the orders on the Platform for the products and at the price indicated therein.
- You agree and acknowledge that you will have to make the requisite payment for the Services availed by them on the Platform. PIKMAX accepts online payments using either credit card, debit card, net banking, UPI, or other payment options as made available by the Platform from time to time. The payments made by you through the Platform for the purchase of the Products are subject to the Fees and Payment Policy.
- Upon payment of the consideration for the Products or undertaking to pay for the Product (in case of cash on delivery), the Product shall be delivered to you, under the Delivery Policy.
- All information concerning third parties, including sellers and the Products as available on the Platforms (“Third Party Information”), is provided solely for reference. PIKMAX is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you access the Third Party Information at your own risk.
- If you may cancel any order made on the Platform, return the Products purchased on the Platform as per the Cancellation, Returns, and Refund Policy.
GUIDELINES FOR REVIEWS
We may provide you with areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You can write a review only after purchasing the product
- Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language
- Your reviews should not contain discriminatory references based on religion, race, caste, color, creed, gender, national origin, age, marital status, sexual orientation, or disability
- Your reviews should not contain references to illegal activity
- You should not be affiliated with competitors if posting negative reviews
- You should not make any conclusions as to the legality of the conduct
- You may not post any false or misleading statements
- You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
- Decompile, reverse engineer, disassemble, and attempt to derive the source code of, or decrypt the application
- Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application
- Violate any applicable laws, rules, or regulations in connection with your access or use of the application
- Remove, alter, or obscure any proprietary notice (including but not limited to any notice of copyright or trademark) posted by us or the licensors of the application
- Use the application for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended
- Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time
- Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application
- Use the application to send automated queries to any website or to send any unsolicited commercial e-mail
- Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
APPLE AND ANDROID DEVICES
The following terms apply when you use our mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
- The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and under the usage rules outlined in the applicable App Distributor’s terms of service
- In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, under its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law the App Distributor will have no other warranty obligation whatsoever for the mobile application
- You represent and warrant that (i) you are not located in a country that is subject to an Indian government embargo, or that has been designated by the Indian government as a “terrorist supporting” country, and (ii) you are not listed on any Indian government list of prohibited or restricted parties;
- You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not violate their wireless data service agreement when using the mobile application;
- As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
- You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
- By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
- Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.
*You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY.
- We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.
- Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
- As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
- We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
- Please be advised that according to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
- Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted exclusively in the state and federal courts located in India as applicable in the National Capital Territory of Delhi, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-convenience for venue and jurisdiction exclusively in Courts at Delhi, India.
Option 2: Informal Negotiations
Option 3: Binding Arbitration
*The arbitration shall be commenced and conducted under Indian Arbitration and Conciliation Act 1996 in New Delhi. Your arbitration fees and your share of arbitrator compensation shall be governed by the Indian Arbitration and Conciliation Act 1996.
*The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will decide in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
*Except where otherwise required by the applicable Indian Arbitration and Conciliation Act 1996 or applicable law, the arbitration will take place in Delhi, India. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
*In no event shall any Dispute be brought by either Party related in any way to the Site be commenced more than1 a year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.