1.1 This website www.gizmorate.com herein will be referred as (the Operator), is a free service that provides Pricing index for mobile phones for listing and comparing prices that are available in United States. Prices and Dealer information is sourced from various Public sources such as Social Media, and other public websites otherwise directly from Dealers and the operator be liable for any direct, indirect, punitive, incidental, special, consequential or other damages, including loss of profits, arising out of or in any way related to the use of the ideabeam services (including any information obtained on or provided through the sites), whether based in contract, tort, strict liability or other theory. (See Disclaimer section below) .
1.2 These Terms and Conditions apply to your use of the website at www.gizmorate.com (Site).
Please read these Terms and Conditions carefully before accessing or using the information and services available through the Site. By accessing or using the Site you agree to be bound by these Terms and Conditions.
1.3 If you enlisted as a merchant with the Operator on the Site, you accept you are also bound by Terms and Conditions.
1.4 These Terms and Conditions may be modified from time to time and you should regularly review them.
1.5 Your continued use of the Site and our services constitutes your agreement to these Terms and Conditions and any modifications to them.
2 Use and Eligibility
2.1 The Site is only intended for individuals who can form legally binding contracts. By using the Site you are representing and warranting that you are over 18 years of age and able to enter into contracts. Do not use the Site if you do not qualify.
2.2 You must not use the Site to:
(a) impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
(b) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
(c) attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
(d) commit forgery (or attempted forgery);
(e) harass any individual or breach the National Privacy Principles as set out by Governing body of United States;
(f) collect or store data about other users or merchants, including e-mail addresses; and
(g) violate any applicable state, Commonwealth or international law, convention or regulation.
3.1 The Operator reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that the Operator believes, in its sole discretion:
3.1.1 violates any term or provision of these Terms and Conditions;
3.1.2 violates the rights of the Operator or third parties; or
3.1.3 is otherwise inappropriate for continued access and use of the Site.
3.2 You acknowledge that the Operator has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, or to ensure compliance with these Terms and Conditions, or to comply with any law or order of a court.
4 Links and Advertising
4.1 The Site provides a number of services to allow you to compare and shop for your desired product.
4.2 No products are directly sold by the Operator through the Site. The Operator is not acting as an agent for any party, merchant or supplier and does not sell, re-sell or licence any products listed.
4.3 Neither the Operator nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content or privacy practices of any third party sites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on the Site or linked to or from the Site. You acknowledge that you enter any third party sites at your own risk and that the Operator is not responsible for third party sites.
4.4 The Site may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither the Operator nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Site, you do so at your own risk.
5 Intellectual Property Rights/ Limited Licence to use the Site
5.1 The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (Content) is protected by copyright, trade mark and other intellectual property laws.
5.2 You must not modify, copy, reproduce, republish, upload to a third party, communicate or distribute in any way the Content, except in accordance with these Terms and Conditions.
5.3 The Operator's logo and name are the property of the Operator and may not be used as part of your business or in connection with any goods and services.
5.4 If you consider that any Content on the Site breaches your intellectual property rights please notify the Operator. Notification, and any action that the Operator may take in response to the notification is not an admission that there has been a breach of intellectual property rights, or that the Operator accepts any liability in relation to such a breach. The Operator does not guarantee to take any action if notified under this clause.
6 Content and Reviews
6.1 To the extent permitted by law, Pricing index, Dealers information are indexed from Public sources such as social media, Dealer website, other pricing indexes(Digital and physical) and the Operator makes no warranties in relation to the Content, completeness of search results, suitability, quality, safety or legality of any items listed on the Site or the availability of users to complete a transaction with third parties (see Warranties below).
6.2 Reviews and ratings are from are taken from public sources, such as social networks or our users who have elected to post these on the Site. Any user can review and rate a product or merchant, and as such, the Operator gives no warranty as to the accuracy or truth of any review or rating nor the level of performance that may be expected from products based on ratings or reviews.
You agree to indemnify, defend, and hold harmless the Operator, and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers' fees) arising from your use of the Site or your failure to comply with these Terms and Conditions, or from your violation of any applicable law.
8 Disclaimer of Warranties and Limitation of Liability
8.1 Subject only to clause 8.2 below:
8.1.1 this Site is provided by the Operator on an “as is” basis without any express or implied warranty of any kind;
8.1.2 the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties;
8.1.3 the Operator does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;
8.1.4 the Operator does not warrant anything about the reliability, ownership, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any Content, software, text, graphics, links, communications, or any other material provided on or accessible through the use of the Site;
8.1.5 the Operator may change any of the material on the Site at any time without notice;
8.1.6 the Operator makes no commitment to update any material on the Site;
8.1.7 you are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Site;
8.1.8 you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site; and
8.1.9 in no event shall the Operator be liable for any direct, special, indirect, incidental, consequential loss (including among other things loss of any data, revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:
(a) access to, or use of this Site, or delay or inability to use this Site, or any information contained in this Site;
(b) the availability and utility of products and services;
(c) the availability or accuracy of third party websites; or
(d) any breach of any third party intellectual property rights.
8.2 Where the laws of any country or state in which these Terms and Conditions are effective implies into these Terms and Conditions any term, condition or warranty, and those laws void or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms and Conditions provided that the liability of the Operator, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of the Operator, to:
8.2.1 in the case of services, the supply of the services again, or the payment of having the services resupplied; and
8.2.2 in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.
8.3 Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.
9.1 These Terms and Conditions may not be dealt with in any way by you (whether by assignment or otherwise) without the Operator's prior written consent. You agree that the Operator may assign this agreement to a third party without notice.
10 Governing law
10.1 These Terms and Conditions are governed by and construed according to the laws of United States and each party submits to the non-exclusive jurisdiction of the courts of that State.
11 Entire Agreement
11.1 Except as provided for in clause
1.3, these Terms and Conditions constitute the entire agreement between you and the Operator with respect to this Site, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
12.1 The Operator shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of the Operator, including any form of technological failure or the actions of third parties.
12.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is nor enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
12.3 The failure by the Operator to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of the Operator in respect of any existing or subsequent breach of these Terms and Conditions.
If you consider that any Content on the Site breaches your intellectual property rights please notify the Operator by electronic mail to [email protected], and any action that the Operator may take in response to the notification is not an admission that there has been a breach of intellectual property rights, or that the Operator accepts any liability in relation to such a breach. The Operator does not guarantee to take any action if notified under this clause.