For the purpose of this user agreement, the context “You” or “User” shall mean any natural or legal person who has agreed to become a member on platform/ app by providing the data while registering on the App. The term “OPPO” or “We” or “Us” or “Company” shall mean “OPPO Mobiles India Private Limited” and its affiliates.
To the extent permitted by law, OPPO reserves the right, at its sole discretion, to change this User Agreement from time to time. It is your responsibility to check this User Agreement and other terms. Your continued use of the App following the posting of changes will mean that you accept and agree to the changes.
You must register with us using your accurate data, provide your accurate mobile number & email, and, if, you change it, update your mobile number & email. You hereby agrees to receive text message from us or our authorized third party service providers for the purpose of the authentication of your information.
II. Eligibility criteria for OPPO Premier Club Membership
To be eligible for the OPPO Premier Club Membership, the member shall achieve the Quarterly Sales Standard (“Targets”) as published by the Company from time to time and on state to state basis.
We will provide you with the Services basis the eligibility criteria through this App/ Platform. The Offered services shall be governed by the specific policies or terms and conditions as issued by the Company from time to time.
The Company does not warrant that the services offered or the other content on the platform is appropriate, accurate, reliable, and complete or error free and assumes no liability in this regard.
By accessing the app, you hereby agree to provide the accurate sales information/data and keep the same updated on daily basis.
You may not use the App for any purpose that is unlawful or prohibited by this User Agreement, and may not use the App or any Content to infringe the rights of other entities or individuals.
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or any Content, or the structure or presentation of the App, to obtain or attempt to obtain any materials, documents or information by any means not purposely made available through the App. OPPO reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the App or to any of the services offered on or through the App by any illegitimate means. You may not launch any form of cyber-attacks on the App.
You must abide by any and all applicable local and foreign export control laws and restrictions, including any restrictions on the destination, end users and end use. OPPO reserves the right to suspend, restrict or terminate your access to all or any portion of the App for the purposes of abiding by such export control laws and restrictions.
OPPO reserves the right at all times to disclose any information that is necessary to comply with any applicable law, regulation, legal process or governmental request. OPPO may also disclose your information when OPPO determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that OPPO may preserve any transmittal or communication by you with OPPO through the App or any service offered on or through the App, and may also disclose such data if required to do so by law or OPPO determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this User Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of OPPO, its employees, users of or visitors to the App, and the public.
You agree that OPPO may, at its sole discretion and without prior notice, terminate your access to the App and/or block your future access to the App if OPPO determines that you have violated this User Agreement or other agreements or guidelines which may be associated with your use of the App. You also agree that any of your violations of this User Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to OPPO, for which monetary damages would be inadequate, and you consent to OPPO obtaining any injunctive or equitable relief that OPPO deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies OPPO may have at law or in equity. OPPO will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to OPPO. You agree that OPPO will not be liable to you or to any third party for termination of your access to the App as a result of any violation of this User Agreement.
IV. Intellectual Property Notice
All content contained on the App, including but not limited to text, graphics, music, videos, animations, trademarks, logos, tables, visual interfaces and computer code (collectively, "Content"), is owned by OPPO or used by OPPO with valid authorization. Except as expressly provided in writing in this User Agreement, no Content may be used in any way for any commercial purposes without OPPO's prior written consent.
You may use information on OPPO products and services made available by OPPO for downloading from the App, provided that you use such information only for non-commercial purpose, make no modifications to any such information, make no additional representations or warranties relating to such information and documents containing such information, and retain OPPO's legal rights notice.
V. Links to Third-party Apps
This App may contain links to other independent third-party Apps ("Linked Apps"). These Linked Apps are provided by third parties. OPPO disclaims representations, warranties or claims on the content and its authenticity or accuracy, or the availability, reliability, security or other aspects of such Linked Apps and any other aspects (including any rights therein) that are not under OPPO's control, and will not be liable for any consequences arising from your use of Linked Apps. Risks arising from your access to and use of Linked Apps will be borne by yourself.
VI. Force Majeure and Fault of Third Parties
OPPO will perform obligations by law, but OPPO will not be liable for breach in case of hindered performance, flaws in performance, delay in performance, or changes in obligations to be performed arising from:
(1) Natural disasters, pandemics, strikes, riots, wars, act of government, change of laws and reregulation, judicial or administrative orders, and other force majeure factors;
(2) Service interruption or disruption due to power supply failure, telecommunication network failure and other public service factors, or hacking, virus intrusion, blocking of illegal content and harassing information, government control and any other network, technology, communication lines, information security management measures, where your requirements cannot be met;
(3) Provided that OPPO has exercised due care, typical or emergency equipment and system maintenance, equipment and system failures, network information and data security.
OPPO respects and is committed to your privacy.
Please be noted that your connection to the App and data transmissions are never completely private or secure, and any message or information you send to the App may be intercepted by others. OPPO cannot ensure that your connection to the App and data transmissions are private and secure.
VIII. Limitation of Liability and Disclaimer
OPPO disclaims all warranties on the availability, continuity and accessibility of the App and the content and services contained on the App. The App and its content are delivered on an "as-is" basis. You assume total responsibility for your use of the App and any Linked Apps. If you are dissatisfied with all or any portion of the App, you may stop using all or any portion of the App.
OPPO disclaims all warranties on the accuracy, integrity and reliability of the content contained on the App. Information on products or services published on the App, including but not limited to product features, configuration, parameters, technical specifications, and service content, may vary with countries or regions; even for the same product, its product features, configuration, parameters, and technical specifications may vary at different stages of the product life cycle. As it takes time for OPPO to update such information, the product or service information you see may be different from the product or service you purchased or you can buy on the market.
OPPO shall not be liable for indirect, incidental, special or punitive damages or any indirect losses, including but not limited to loss of profits, income, data or use of data.
The aggregate liability of OPPO and its partners to you for any damage or loss incurred as a result of your use of the App shall not exceed the total subscription fees or similar fees arising from or in connection with your use of any services or features of the App. As some jurisdictions do not allow the limitation of liability, the foregoing limitation may not apply to you.
IX. Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India and shall be submitted to the exclusive jurisdiction of the courts at Gurugram (Haryana).