Introduction

www.gamejila.com is operated by Gamejila Private Limited, which is registered in India. These are the Terms of Use governing the use of this site ("hereinafter referred to ToU"). By registering with Gamejila, users acknowledge, accept and agree to the ToU. It is effective from the time they register as a seller with us. By accepting this ToU, the user also accepts and agrees to be bound by the Privacy Policy and the Listing Policy. For this ToU, ‘you’ and ‘your’ will denote anyone who has agreed to become a seller on the platform by providing data while registering using computer systems. The word ‘user’ will imply a seller, a buyer, and any visitor, and the terms ‘we’, ‘us’ and ‘our’ shall mean Gamejila

Using Gamejila

You agree and understand that www.gamejila.com is an internet-enabled electronic platform that facilitates buying and selling of games by advertising and distributing information about goods and/ or services. You also agree that we do not endorse the market or promote any favored seller, nor do we engage in the distribution of any of the goods you have listed for sale on our site. We want you to be diligent, apply judgment and common sense before completing any sale or purchasing any goods, or exchanging information as you would in traditional offline channels.

While participating in discussion forums, comments and feedback, and other services of Gamejila, you will post in the appropriate category and agree that your use of the site shall be strictly governed by this ToU

“Your Information" includes any information you provide to us or other users of the Site during the registration, posting, listing, or replying process of ads, in the feedback area, through the discussion forums, or any other feature of the site. You agree that you are the lawful owner of your information and that you are solely responsible and accountable for it while we act as a mere platform for the online distribution and publication of the information.

You agree that your listing:

1. Is “not fake, misrepresented, misled or pertains to the sale of any illegal, counterfeit, or stolen goods”.

2. Is regarding goods owned by you or you have the authority or consent to 'list' it on the site.

3. Does not belong to another person;

4. Is defamatory, obscene, pornographic, pedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

5. Is not be harmful to children;

6. Does not breach any patent, copyright, trademark, or other proprietary rights;

7. Does not violate any law for the time being in force;

8. Does not deceive or mislead buyers or knowingly communicate false information disguised as a fact.

9. Does not impersonate another person;

10. Does not threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;

11. Does not contain any software virus or any other computer code, file or program that may interrupt, destroy or limit the functionality of any computer resource;

12. Does not mislead or harass a person, entity or agency

13. Does not constitute an unfair trade practice

14. Does not contain spam, multiple / chain letters, or pyramid schemes in any form.

15. Does not distribute viruses or any other harmful technologies that may harm Gamejila or the interests of our users.

16. Does not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any restricted goods and services.

17. Is not placed in the wrong category.

18. Is not cited in any other site except Gamejila.

19. Does not exhibit any prohibited or restricted information under the laws of the republic of India.

20. You consent to receive communications by email, call or by such other mode of communication, electronic or otherwise related to the services provided through the website.

You agree that

1. You are responsible for maintaining the confidentiality of your User ID, password, and email address.

2. You are also responsible for restricting access to your computer, computer system, computer network, and your Gamejila account. You are accountable for all activities that occur under your User ID and password.

3. The ToU is applicable even if you access our site using an electronic device other than the one used during registration. 4. Contractual information about the goods, if any.

5. Total price, along with the breakup price and all the compulsory and voluntary charges along with the applicable tax.

6. All relevant details about the goods and services, including country of origin.

7. The name and contact numbers, and designation of the grievance officer of the seller

8. Importer details guarantee cards and warranty information related to the authenticity of any imported products.
9. Information about terms of exchange, returns, and refunds, including costs of return shipping.

10. Relevant details related to delivery and shipment of such goods or services.

11. Whether or not it is a registered entity.

12. Physical address

13. Rating/aggregated feedback

The ToU is applicable even if you access our site using an electronic device other than the one used during registration.

Eligibility

To use www.gamejila.com, one must register on the platform, be an 18 year old or above citizen of the Republic of India and enter a legally binding contract. They must not be barred by any law for the time being in force. If you access Gamejila on behalf of a legal entity, you agree that you are fully authorized to do so and list the goods, post information on their behalf and accountable for it.

Abuse of Gamejila's Services

You must inform us if you come across any information that is offensive or violates our policies or breaches any intellectual property right. We reserve the right to take down any such content and/or limit or terminate our association and take all technical and legal steps to prevent such mishap. Case of any problems with the use of our site or services, you must report to our Grievance Officer whose details are listed at the end.

Violations by User

1. You agree that in case you violate any provision of this ToU, we shall remove the offending content, terminate and/or suspend your membership and refuse to provide you further access to the site.

2. We will always notify if such an action is being taken. You will be given an opportunity to defend and request reinstatement. The Grievance Officer will oversee that process.

3. After receiving evidence in the form of a court or competent jurisdiction order, or on being notified by the appropriate government, we will not host, store or publish any unlawful information prohibited under any law for the time it is in force in relation to the interest of sovereignty and integrity of India, security of the State, friendly relations with foreign states, decency or morality, public order, contempt of court, or defamation.

4. We will remove or disable access to such information within 36 hours from the receipt of the court order or on being notified by the Appropriate Government or its agency.

5. We will provide all the information in our possession within 72 hours for the verification of identity, prevention, detection, investigation or prosecution of offences under any law or for cyber security incidents.

Grievance Redressal Mechanism under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

1. If you wish to complain about our Services / the use of our services by others, please contact our Grievance Officer, whose details are below:

2. Contact Details: grievanceofficer@gamejila.com

3. We will acknowledge your complaint by email within twenty four hours, which will include a complaint number using which you can track the status of the complaint. We will resolve the complaint within 15 days of receipt.

Grievance Redressal Mechanism under the Consumer Protection (E-Commerce Rules), 2020

We will acknowledge your complaint by email within forty eight hours after providing you with a ticket number using can be used to track the status of the complaint. We will redress the complaint within one month from the date of receipt of the Complaint.

Content

• The site contains Your Information, Gamejila's information and information from other users.

• You must not copy, modify, or distribute such content (other than Your Information).

• We have a non-exclusive, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, publish, translate, distribute, perform and display the content shared as Your Information worldwide through the Site as well as on any of our affiliates or partner websites, publications and mobile platforms.

• We need these rights with respect to the content in Your Information in order to host and display your content.

• If you believe that there is a violation, please notify us by clicking here support@gamejila.com.

• We will remove any such content that violates these terms.

Liability

• You cannot hold www.gamejila.com or any of its employees, agents, and officers accountable for any of your or other user's listing detains and information because we are not involved in the creation, publication or distribution of the listing or information

• Also, we are in no position control the content included in the listings or postings, except to the extent mentioned in the ToU.

• We do not validate the accuracy or legitimacy of any listed product or information.

• We are also not liable for any loss of money, goodwill, reputation, and any special, indirect, or consequential damage that arise by using our site or as a result of sale and purchase of goods with other users of the site.

• We do not guarantee a continuous or secure access to all our services. So, to the extent legally permitted, we exclude all implied warranties of merchantability, fitness or quality of our site and services.

Personal Information

By using Gamejila, you accept the collection, transfer, storage and use of any personal information provided by you on the site.

We store and control the data on servers located in India.

By submitting your resume to us, you give us permission to publicly display your resume, which is free for access by anyone.

You also agree to receive marketing communications from us unless you request us to stop by specifically writing to us at support@gamejila.com

We will use you information to provide customer services and to analyze if any other services or advertisement listed on Gamejila may interest you.

You agree that, we may also share your data to our agents, recruiters or affiliates (Any person that directly or indirectly controls or is controlled by Gamejila and its subsidiaries and associates.

You must know that we will provide seller details to any buyer who has purchased our goods or services, in accordance with law. The details may include:

• Address of headquarters and all branches
• Name and details of seller’s website
• E-mail address of Seller
• Necessary information for communication with the Seller

ToU Updates and other terms and policies

• We may update this ToU or the listing policy at any time of the year and will always notify you of such updates via an email, text message or telephonic communication. The updated information will be effective from the day of upload.
• In case, we or our corporate affiliates merge with another company, we may have to share personal information with that company, but this ToU will remain effective.
• You will also receive an e-mail once a year notifying you of any change to these Terms.
• You will receive an email at least once a year informing that in case of non-compliance with the Information Technology (Intermediaries Guidelines) Rules, 2011, the Listing policy and this ToU, we have the right to terminate your access and usage rights immediately or remove non-compliant information, or both.

Third Party Content and Services

• We may provide links to sites operated by other entities on our site. If a user decides to view those sites, they shall do so at their own risk and must know that they are subjected to that site’s ToU and privacy policy for any information shared on that site.
• The user must take all protective measures to protect against viruses and other destructive elements they may encounter on those sites.
• Gamejila makes no warranty, representation or endorsement of any linked website or the information appearing on their products or services.
• All the interactions, including payment and delivery of goods and services, or any other terms, conditions, warranties or representations associated with such dealings on a third party website are solely between the user and the organization and/or individual.
• The user is free to investigate and take all measures they feel necessary or appropriate, before proceeding with any offline or online transaction with any of these third parties.

Indemnity

If the content submitted by users, their use of the service, their violation of the TOU, breach of any of the representations and warranties, or violation of any rights of another user results in a claim or demand that includes reasonable attorney fees and court costs by a third party, then the user must indemnify Gamejila and not hold its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees accountable.

Governing Law & Jurisdiction

This ToU and Listing Policy is governed and construed in accordance with the laws of the Republic of India and the courts have exclusive jurisdiction on all matters and disputes arising due to or out of this site.

Make an Offer/Buy Now Terms

• Assurance for Buyers
• Buyers must agree to the amount they have to pay for the product.
• The buyer must make the payment online.
• The listed item will be delivered to the by our logistics partner, and only after the delivery, the payment will be released to the seller.

The BUY NOW purchase option enables a quick sale and implies that you agree to buy the product at the listed price. We will facilitate the payment directly and notify the seller. Once the payment is done, we schedule and complete the delivery.

Convenience fee

For buyers: The fees applicable depend on the city, weight, category and price of the item you are purchasing.

There is a penalty of Rs. 200 for any cancellation initiated by the buyer after payment is made.

For sellers: The fees applicable depend on the city, weight, category and price of the item you are selling.

• Promotional Discount

For buyers:

A promotional discount may apply depending on the city, weight, category and price of the item you are buying. For sellers:

• A promotional discount may apply depending on the city, weight, category and price of the item you are selling.

Note: Gamejila reserves the right to change the fee & discounts any time without prior intimation.

Please know that there is a penalty of Rs. 200 for any cancellation initiated by the buyer after payment is made.

Delivery Terms

• These terms apply to all the products delivered by Gamejila.
• Gamejila only delivers the product. We do not install or dismantle the item.
• We encourage buyers to open and validate the packaging, condition and specifications of the item at the time of delivery. Once accepted, the item cannot be returned or replaced.
• We will not acknowledge any delivery related issues brought to our notice after signing Proof of Delivery (POD) or beyond 3 working days.
• Gamejila is not responsible for the quality of the item being delivered unless it is a transit damage.
• We will make maximum 3 delivery attempts, failing which the order will be auto-cancelled. Rescheduling on request of buyer/seller can be done within 5 days, failing which will also auto-cancel the order.
• In case the buyer refuses to accept the item after it is being picked up from the seller, it will be returned back to the seller.
• Once a return has been placed, we will attempt to schedule the delivery of the product back to the seller within 5-7 days. However, if the seller is unreachable beyond this time, the transaction stands canceled and the seller will lose claim to the product.
• Gamejila does not take additional responsibility of picking up any product that is not mentioned in the order.
• Open box delivery is not applicable for orders from a different city.
• Pick-up and Delivery is facilitated by our logistics partner.
• We reserve the right to refuse facilitating the transaction.
• Ads with multiple inventory count would be marked as sold once the available inventory becomes zero.
• Gamejila does not encourage any kind of tipping to the logistics team.
• Any additional charges for usage of lift/elevator while transporting the product must be undertaken by the buyer/seller.
• Any charges levied by society for pick up or delivery of goods must be borne by the Seller / Buyer.
• Provision of Doorstep service is dependent on the availability of lift service that can accommodate the goods and podium parking space.
• Goods will be delivered up to the ground floor, in case the staircase space is insufficient for the movement of goods. Also, in case of passage/road leading to the location being narrow/not accessible for vehicular movement, goods will be picked up from/delivered to the closest point.
• For a single ad containing multiple items, additional convenience fee will be charged based on the weight type of every additional product.
• Failure of cash on delivery (COD) payments after then delivery of items will result in disciplinary or judiciary actions.
• Heavy items that require additional manpower over 2 people for pick up or delivery will be charged extra at Rs. 100/- per person.

Gamejila Doorstep Offers and Discounts

Cashback

1. We may initiate cashbacks at times, the terms and conditions of which will change with every offer.
2. Cashback will be based on final agreed price of the product between buyer and seller

Coupons

1. We may also introduce various coupons from time to time. The validity and conditions will be unique for each.
2. The discount applicable for any coupon is limited by the net buyer convenience fee charged after reducing any other instant discounts if applicable.
3. Coupon based cashback will be credited to user's account within 10 days of delivery of the item.
4. Coupon based promo cashback will be credited to user's Cash Balance after the delivery of the item.

Instant Discounts

1. Instant discounts are applicable only for the Buy Now flow, if available.
2. Instant discount value does not include the buyer convenience fee.
3. Instant discount can be combined along with the coupon based discount. When combined the net discount applicable will not include the buyer convenience fee.

Gamejila Storage and Shipment Service:

1. Storage facility will be provided by our logistic partner for a period of 2 weeks from the date of collection of item from the seller, if needed.
2. When the product in storage after a buyer rejects the order, the logistics partner will remind the seller at the end of 1st week to lower the cost of product listed at the site.
3. If the product listed on the website is not sold within 2 weeks time, it will be returned back to the seller at the same address from where it was picked.
4. Gamejila representative might take images of Seller's product during pickup to depict the condition of the product during pickup and update it on the Sellers Ad later on.
5. The storage facility is available only for individuals and not for dealers.
6. If seller opts for ‘Sell for me’, the following terms apply along with the above mentioned points
   • Gamejila will post ad on behalf of the seller based on information and images collected at seller’s place.
   • The item will be made available for display to the potential buyers.
7. If seller opts for ‘Self Shipping’, the following terms apply along with the above mentioned points:
   • If you do not provide the accurate trackable shipment details then Gamejila holds the right to cancel the transaction at any point.

Doorstep Local Transportation Terms

1. Doorstep Local Transportation is only available on Heavy items.
2. Doorstep Local Transportation is only available for shipping within a city, it does not include intercity transportation.
3. Online payment amount is non-refundable if cancellation is requested after item is picked up.
4. If item is not delivered due to unavailability of the receiving party, the return cost will be paid for by the selling party.
5. Gamejila does not take any responsibility for the quality of the item being delivered unless it's a transit damage.
6. The quantity of items during pickup should match the quantity of items selected during online payment.

Scope of Contract

• Coverage

If the item belonging to the owner is damaged by any cause listed under “What is covered”, then we will compensate the owner for the cost of repair/replacement if the item has passed the scanner test and an activated protection plan.

• What is covered?

1. Breakdown of item due to transit.
2. Device that has passed the scanner test and is protected by an active protection plan.

• What is not covered?

We will not be liable for any claim on the device for which the protection plan has not been activated or the device has not passed the scanner test.

We will not be liable for any claim that is originally not covered by the manufacturer of the device.

These may or may not be limited to –

• A claim where the original identification/serial number is removed, obliterated or altered from the Covered Asset.
• An incorrect or abnormal electrical or signal connection to the equipment.
• Any modification to the equipment which is not in accordance with the manufacturer’s instructions or use of any accessory which has not been approved by the manufacturer.
• Any equipment used outside India and requiring service/claim outside the Indian Territorial boarders
• A defect in external wiring, electrical connection that are not an integral part of the equipment.
• Any corrosion, blockage, denting or scratching on the equipment.
• Any routine maintenance or service or inspection of the equipment.
• Any cleaning of video/audio heads or any normal replaceable or limited life consumables of the equipment.
• Any repair carried out by anyone other than authorized service providers of the equipment, as approved by the manufacturer or service provider after the protection plan has been activated.
• Any design fault or damage arising from errors, omissions or defects in any applications or systems software.
• Any cost incurred where no breakdown has been found.
• Any damage caused by any household pets, rats, cockroaches or any other animals or insects.
• Any service items, normally replaceable components or limited life consumables including but not limited to fuses, remote control, batteries etc.
• Any claim arising out of any detention, seizure or confiscation by any legal authorities.
• Any damage due to normal wear and tear, moths, insects, vermin, mildew, inherent defect or any other gradually operating cause of the equipment.
• Damage caused by the equipment being used after any fault becomes apparent.
• Reduction in market value following repair or re instatement of the equipment.
• Any repair or replacement of components, which were faulty or had suffered a breakdown prior to the start date of this cover.
• Any property more specifically warranty by any other Protection Plan or guarantee (i.e. manufacturer guarantee).
• Any loss arising from change in broadcast/reception technology but not occasioned by any manufacturing or workmanship defect.
• Any loss or damage arising out of external cause, including but not limited to fire, theft, explosion, water damage, act of god perils, riot, strike, malicious damage, terrorism etc.
• Any loss or damage to accessories/remote used in connection with the equipment that were not supplied at the time of purchase of the equipment.
• Any loss arising from improper storage, transportation, delivery or installation/re-installation of the equipment.
• Beneficiary/Owner/Covered person’s consequential losses of any kind and/or legal or contractual liability of any kind, other than the terms & conditions of the manufacturer’s warranty.
• The cost of installing any optional attachment/accessory to the equipment.
• Any loss arising out of mechanical and/or electrical breakdown caused by overloading, strain, overrunning, freezing, excessive pressure, short circuiting, over heating of the equipment.
• Any loss arising out of ionizing radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from combustion of nuclear fuel.
• Any loss or damage due to use of non genuine parts other than approved and/or supplied by the manufacturer or service provider.
• Any loss or damage caused by or arising out of the willful acts or omission or gross negligence of the Covered person and/or Covered employees.
• Any replacement or repair of the entire item arising out of any loss or damage of any part or component which is covered under the Protection Plan and is unavailable in the market. The liability in such a case will be restricted only to the value of the damaged part or component.
• Any cost of diagnostic or dismantling nature, unless accepted as part of an authorized claim.
• Any loss due to any person obtaining the equipment by deception.
• Any loss directly or indirectly occasioned by or happening through or in consequence of war, invasion act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, nationalization, or loot pillage in connection therewith.

Special Conditions Under Protection Plan

1. Indemnity
   1. If an item can be repaired, we will pay to restore the damaged item to its former state of serviceability that will include the cost of dismantling and re-assembly of the item incurred for the purpose of the repairs. We will only deduct applicable taxes, which may vary from state to state).
   2. No deduction will be made for parts replaced, but the value of any salvage will be taken into account. If the cost of repairs equals or exceeds the actual value of the item, the settlement shall be made on the basis mentioned below.
   3. In cases where covered item is a total loss, we will pay for the refurbished/Same or similar condition /Like New replacement value subject to maximum of the purchase value of the covered item. However the salvage and excess will be taken into account in such cases.
   4. In the event that replacement for the same kind and quality is not obtainable, new property which is as similar as possible and is capable of performing the same function will be offered. However, if damaged item is replaced by a similar item available at the time of repair/replacement, any voluntary betterment opted for by the owner will be provided after deducting the extra costs of betterment.
      We will make payments only after production of legitimate bills and documents that validate the repairs or replacements.
2. Transfer of Ownership The protection cover will cease on transfer of ownership of the equipment by the owner to any other party.
3. Onus of Proof If we allege that a damage is not covered by the protection plan, then the burden of proving that such damage is covered in any action, suit or other legal proceedings is upon owner of the covered item.
4. Claim Procedure In the event of loss, User/Beneficiary is required to do following:
   An immediate notice (not later than 48 hours from the date and time of loss) about loss must be given. All ownership related documents need to be submitted and must reach us in not later than 15 calendar days from the date and time of the event of loss.

• Damage Category The notice must include the cause or reason of loss. Thereafter, the beneficiary or owner must take the damaged equipment to nearest authorized service centre at his own cost, as per information provided to him and obtain service estimate towards Damage.
  Do not get the damaged protected item repaired unless intimated and authorized by us in writing or via text message through mobile communication.

• Contact Points for claims

1. All claim related queries and submission of claim documents must be sent to grievanceofficer@gamejila.com.
2. All claim related documents or correspondence must submitted in Duplicate i.e. Original claim documents with one additional photo copy of all original claim documents.
3. For all claim related guidance or assistance/issues a beneficiary can contact grievanceofficer@gamejila.com.
4. Beneficiary can know their claim status and also get all other relevant information by contacting grievanceofficer@gamejila.com.
5. FRAUD: If any claim under this Protection Plan is found to be fraudulent or if any fraudulent means or devices are used by the Beneficiary/Owner or anyone acting on their behalf, to obtain benefit under this Protection Plan, all benefits and rights of the Beneficiary/User will be ceased and stand forfeited. The Bona fide User will have to establish his/her identity to receive the benefits of coverage under the Protection Plan.
6. INTEREST: All sums payable under this Protection Plan carries no interest.
7. This scheme is available at select stores/outlets.

Note : We are the mediator between the seller and buyer, we do not hold any liability for the product or its authenticity