Last updated: 17 November 2014
Please read these terms and conditions carefully – there’s some legal stuff you might want to know.
1. Your agreement
Terms and Conditions
By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions and any additional terms for special promotions, unless you offer different terms in writing that are accepted by GSMnova. You also agree to comply with any guidelines or rules posted on the Site regarding any Product or Service. All such guidelines and rules posted are hereby incorporated by reference into these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this site.
PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes unless you offer different terms that are accepted by GSMnova. For your information, this page was last updated as of the date at the top of these terms and conditions. You can obtain a printed copy of the most current Terms and Conditions by writing to us at the address set forth in the notice provision below.
When you visit GSMnova, purchase products or services through the Site, or instigate contact our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. GSMnova service
Accuracy of Information
Product specifications and other information have either been made accessible by suppliers, manufacturers, merchants, publications, publicists; or been gathered from public-domain sources. The intention of GSMnova is that all information on the website should be as accurate and up-to-date as possible. However, GSMnova cannot guarantee the reliability or the accuracy of the information contained within its pages. We urge our users to conduct their own research prior to purchasing from the stores listed on our service to ensure the accuracy of the gsmnovas. All the actions taken by the user of the website are the responsibility of the individual. GSMnova cannot make any guarantees that any information is correct or be held liable for any actions taken based on the product and pricing information provided.
Relationship with Merchants
Merchants listed on the GSMnova site are independent third parties and GSMnova is not acting as a principal, agent or broker with respect to any advertisers. Your relationship with any merchant you contact through this site is solely between You and the merchant. You agree not to hold GSMnova liable for any loss or damage of any sort incurred as the result of any business conducted with our merchants or as the result of the content provided by such merchants through the Site.
There is no charge payable to GSMnova for use of the site during the continuance of these Terms and Conditions. GSMnova shall have no responsibility for transmission of funds due to any third party provider or distributor with whom you may elect to deal. You shall be responsible for transmitting all payments due on the terms agreed with any third party provider or distributor.
In the event of GSMnova enabling you to add content to the site in the form of reviews, contests or other features, GSMnova shall be entitled, at its absolute discretion, to publish, edit, refuse, or delete content provided to it. GSMnova will not permit the publishing of content that may be illegal under applicable law.
GSMnova reserves the right to change, suspend, or discontinue, at its sole discretion, all or any aspects of the content, design, services provided or any other aspect of the GSMnova website at any time without prior notice.
3. Your use of the site
Dos and Don'ts
You agree to use the Site only for lawful purposes. You may only use this site as a general guide to make price comparisons for your own private use and shall not use this site for any other purposes. You may download, display and print one copy of the material presented on this site for your personal, non-commercial use only.
Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of GSMnova and its affiliates, licensors, and service providers. Your agree that your data, content, and any information provided or used on the Site, as well as your use of our Site, products and services will not: (a) modify, alter, or deface any of the trademarks, service marks, trade dress (collectively "Trademarks") or other intellectual property made available by us in connection with the Site or otherwise infringe or facilitate infringement of any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively "Rights") of any party, including the Rights of third-parties; (b) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (c) use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you; (d) defame or disparage us, our Trademarks, or any aspect of the Site; (e) post or transmit any content that is unlawful, threatening, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; (f) adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its Products and Services; (g) contain or promote any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct; (h) access or attempt to access the non-public areas of the Site or any other user's password-protected information; (i) impersonate any person or entity or otherwise falsely state or misrepresent your affiliation with a person or entity; and (j) restrict or inhibit any other user from using or enjoying the Site (or any linked site)
Framing, Linking etc.
The use of content on any other web site or networked computers is prohibited. Links to the Site without GSMnova's express written permission are strictly prohibited.
The framing, mirroring, scraping or data mining of the Site or any of any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site (or any linked site) will not be permitted.
Monitoring Site Usage
We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors, or merchants.
By using this site, you represent that you will be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your password or your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. GSMnova will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions. By entering any information on this Site, you represent and warrant that: (i) you have the legal capacity to agree to these terms and use this Site; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site.
If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, you must notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all.
4. Intellectual property
This site is the copyrighted property of GSMnova and/or its various third party providers and distributors, directors. Information found on this site must not be reproduced, republished, distributed, posted, sold, transferred, or modified without the express written permission of GSMnova and/or its third parties. However, this does not apply to downloading, copying and saving information from the website for personal use. The trademarks, logos and service marks displayed on this site are registered and/or common law Trademarks of GSMnova, its affiliates, and various third parties. No information on this site should be construed as granting, by implication or otherwise, any license or right to use any of the Trademarks without the written permission of GSMnova or such other party that may own the Trademarks. GSMnova does not claim to own any of the third party or affiliate merchants, suppliers or manufacturer brands or trademarks featured on its site. The same applies for the trademarks of other publicists or publications on this website.
You retain ownership of all intellectual property rights subsisting in the content you submit to us. However, by submitting content to GSMnova, you grant to GSMnova a royalty-free world-wide non-exclusive license for the duration of copyright to use your content, or any part of your content, in any way that GSMnova decides on the GSMnova website, any other website or through any other medium and to permit others to do the same. UNDER NO CIRCUMSTANCES WILL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO GSMNOVA OR THE SITE BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING ANY MATERIAL TO US, YOU ARE REPRESENTING AND WARRANTING TO US THAT THE MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE MATERIALS AND THAT WE ARE FREE TO USE THE MATERIALS IF WE SO DESIRE, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
Copyright and Trademark Notice
GSMnova.com. © 2013-2016, GSMnova Ltd. All rights reserved. GSMnova is a trademark of GSMnova Ltd. Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of GSMnova and its affiliates, licensors, and service providers.
Intellectual Property Infringement Claims
It is the policy of the GSMnova.com to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Notices of claimed infringement should be directed to:GSMnova Ltd.
182-21 150TH AVENUE.
STATE: NY ZIPCODE:11413
Telephone: 1 202-618-7935
Facsimile: 1 202-618-7935
5. Disclaimers and limitation of liability
Disclaimer of Warranties and Limitation of Liability
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (iv) WE MAKE NO WARRANTY WITH RESPECT TO THE RESULTS THAT MAY BE OBTAINED FROM THIS SITE, THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED OR MERCHANTS INVOLVED; (v) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; (vi) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; and (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
B. EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES (COLLECTIVELY THE "HOTPRODUCT OUTLET UMBRELLA") SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING or (vi) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO GSMnova.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This site contains links to other websites that are provided solely as a convenience to you and not as an endorsement by GSMnova, its third party providers or distributors of the contents of such other web sites. GSMnova has not reviewed all of the sites linked to the site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. GSMnova make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
Indemnity and Release
The material that you read on the site is provided solely for information purposes. By using the Site web sites you agree to indemnify GSMnova and affiliated entities (collectively "Indemnities") and hold them harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the Site web sites, your use of the Products and Services, or your submission of ideas and/or related materials to GSMnova or from any person's use of any ID, membership or password you maintain with any portion of the Site, regardless of whether such use is authorized by you. GSMnova reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with GSMnova's defense of such claim.
Disclaimer of Warranties and Limitation of Liability
By using the Site, the Products and Services, or submitting any ideas and/or related materials to us, you are hereby agreeing to release Indemnities from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Indemnities. YOU AGREE TO WAIVE TO, THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
Except as explicitly stated otherwise, any notices provided by us may be made by an updated posting on the Site, by postal mail or by email to the most recent address that you have provided. Notices to us shall be given by postal mail or e-mail (with a copy by postal mail): GSMnova, 182-21 150TH AVENUE CITY:SPRINGFIELD GARDENS STATE:NY ZIPCODE:1141
Place of Performance
References to any GSMnova product or service do not constitute an offer to sell or supply that product or service, nor does it mean that the product or service is available in all jurisdictions. Those who choose to access this site from their resident locations do so on their own initiative and are responsible for compliance with all applicable local laws.
A. Choice of Law, Limitation of Actions, Severability, Non-Waiver and Merger. These Terms and Conditions will be governed in all respects by the laws of the England as such laws are applied to agreements entered into and to be performed entirely within the United Kingdom between United Kingdom residents. You hereby consent to jurisdiction and venue in London, England for such purpose, waive the personal service of any process upon them and agree that service may be effected by overnight mail (using a commercially recognized service) or by Royal Mail with delivery receipt to the address you provided to GSMnova) and agree that any claim against us must be filed within one (1) year of the time such claim arises, regardless of any law to the contrary; otherwise your claim will be barred forever. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between GSMnova's representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders. Nothing in these Terms and Conditions limits or excludes either party's liability for fraud or for negligence causing death or personal injury.
B. No Joint Venture, No Derogation of Rights. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GSMnova as a result of these Terms and Conditions or your use of the Site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.