Redefined goal oriented classroom
These Terms & Conditions ("Terms") of (a) use of our website www.basicfirst.com ("Website"), our applications ("Application") or any products or services in connection with the Application/, Website/products or (b) any modes of registrations or usage of products, including through SD cards, tablets or other storage/transmitting device (the Website, Applications, Services, Products, tablets, rental hardware and Content are, collectively, the "Basicfirst Products") are between Basicfirst Learning (OPC) Private Limited, a one person company incorporated under the provision of the Companies Act 2013, having its registered office at 2nd Floor, Kasha-yap Complex, Ashok Nagar, Ranchi, Jharkhand 834002, bearing CIN [U74999JH2019OPC012596] (hereinafter referred to as "Basicfirst/ Company/We/Us/Our") and its users ("User/You/Your/Student").
User/You/Your / student refers to a user or a paying customer. If You are a company or another person who gives access to Basicfirst Products, You agree to take responsibility in full in case of damages or indemnification that could properly lie against the end customer.
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
Your use/access/browsing of the Basicfirst Products (with or without payment/with or without subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
If You are a parent or guardian or an institution and You provide consent for Your ward/student to register with Basicfirst, You agree to be bound by these Terms in respect of such child’s use of the Basicfirst Products.
Access to certain elements of Basicfirst Products, You will be bound by certain additional terms and conditions and/or rules applicable and/or fair usage policy to specific Basicfirst Products and features which may be posted from time to time (“Product Specific Terms”). All such Product Specific Terms are hereby incorporated by reference into the Terms.
5.1 User Content: Basicfirst may permit the posting and/or publishing by You and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Content”). You understand that whether or not such User Content is published, Basicfirst does not guarantee any confidentiality with respect to any submissions.
5.2 License Grant to Basicfirst: By posting, submitting or distributing User Content on or through the Basicfirst Products, You hereby grant to Basicfirst a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit Your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
5.3 Basicfirst may conduct competitions/ ranking based on progress from time to time and You agree to allow Basicfirst to use the submissions by You including but not limited to videos, written content, craft work etc for promotional purposes. Basicfirst reserves all rights for usage of such submissions by You. You additionally permit Basicfirst to use every kind of information submitted by You like photos, videos etc. for promotional campaigns as it so pleases and You will cease to have any rights on the same once Your submissions are made to Basicfirst.
5.4 License Grant to other Users: By posting, submitting or distributing User Content through the Basicfirst Products, You hereby grant to each User of Basicfirst Products a non-exclusive license to access and use Your User Content in any manner permitted or made available by Basicfirst.
5.5 User Content Representations and Warranties: You are solely responsible for Your User Content and the consequences of posting, creating, or publishing them. You represent and warrant that:
5.6 Access to Your User Content: Basicfirst may permit other Users to share their User Content with a select group of other Users, or make their User Content public for all (even unregistered users) to view. You acknowledge and agree that, although Basicfirst may provide certain features intended to allow You to restrict some User Content You create from others, Basicfirst does not guarantee that such User Content will never be accessible by others. Basicfirst hereby disclaims any and all liability with respect to any unauthorized access to any restricted user content.
5.7 User Content Disclaimer: You understand that when using the Basicfirst Products You will be exposed to User Content from a variety of sources, and that Basicfirst is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Basicfirst with respect thereto. Basicfirst does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Basicfirst expressly disclaims any and all liability in connection with User Content.
6.1 Proprietary Materials: The Basicfirst Products are owned, operated and Published by Basicfirst. Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Basicfirst Products are the proprietary property of Basicfirst (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from Basicfirst and nothing as stated herein or elsewhere shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to Basicfirst, to the User. You may own the medium on which the information, content or materials resides, but Basicfirst shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by Basicfirst on such medium. Certain contents on the Basicfirst Products may belong to third parties ("Licensed Educational Content"). Such Licensed Educational Content have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, You recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.
6.2 Licensed Educational Content: Basicfirst may make available certain educational content, books, videos, exercises, and related supplementary materials that are owned by Basicfirst or its third-party licensors (viz. Licensed Educational Content). Basicfirst grants to You a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available through the Basicfirst Products by Basicfirst solely for Your personal, non-commercial purposes..
6.3. Your use of Basicfirst Products is solely for Your personal and non-commercial use. Any use of the Basicfirst Products or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of Basicfirst Products shall be subjected to the following restrictions:
6.4. No User shall be permitted to perform any of the following prohibited activities while availing or using Basicfirst Products:
7.1 Termination by Basicfirst: Basicfirst, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Basicfirst or Your use of the Basicfirst Products and remove and discard all or any part of Your account, User profile, and User Content, at any time. Basicfirst may also in its sole discretion and at any time discontinue providing access to the Basicfirst Products, or any part thereof, with or without notice. You agree that any termination of Your access to the Basicfirst Products or any account You may have, or portion thereof, may be affected without prior notice, and You agree that Basicfirst will not be liable (except to the extent of unutilized subscription amount) to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Basicfirst may have at law or in equity. As discussed herein, Basicfirst does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
7.2 Termination by You. Your only remedy with respect to any dissatisfaction with (i) Basicfirst Products, (ii) any term of these Terms, (iii) Product Specific Terms, (iv) any policy or practice of Basicfirst in operating the Basicfirst Products, or (v) any content or information transmitted through the Basicfirst Products, is to terminate the Terms and Your account. You may terminate the Terms at any time by discontinuing use of any and all parts of the Basicfirst Products. You can terminate Your subscription to Basicfirst Products at any time, however You will continue to have access to the Basicfirst Products through the end of Your subscription period, subject to Product Specific Terms, all payments are non-refundable and we do not provide refunds or credits for any partial Subscription Periods or unused content. You may cancel your account by sending an email to firstname.lastname@example.org or through the "Account" page and follow the instructions for cancellation.
8.1 In the preparation of the Basicfirst Products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, Basicfirst disclaims any responsibility for any errors and accuracy of the information that may be contained in the Basicfirst Application. Basicfirst also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither Basicfirst nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Basicfirst Products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
8.2 Basicfirst provides Users with access to compiled educational information and related sources. Such information is provided on an as is the basis and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information on Basicfirst Products. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information.
8.3 The contents of the Basicfirst Products are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Basicfirst Products is not endorsed as a substitution to the curriculum based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. You understand that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Basicfirst Products does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Basicfirst Products or usage of Basicfirst Products does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
8.4 Certain contents in Basicfirst Products (in particular relating to assistance in preparations for Entrance exams for higher education) may contain opinions and views. Basicfirst shall not be responsible for such opinions or any claims resulting from them. Further, Basicfirst makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
8.5 Some parts of the Basicfirst Products are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. Basicfirst accepts no responsibility or liability for any material communicated by third parties in this way. Basicfirst reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, We will not be responsible or liable for any content uploaded by Users directly on the Basicfirst Products, irrespective of whether We have certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.
8.6 Basicfirst Products, including the application(s) and content, are compatible only with certain devices /tablets /instruments /hardware. Basicfirst shall not be obligated to provide workable products and/or services for any instruments that are not recognized by Basicfirst or those instruments that may be purchased from any third party which are not compatible with the Basicfirst Products. Basicfirst reserves the right to upgrade the table/ type of compatible devices as required from time to time.
8.7 Basicfirst shall have no responsibility for any loss or damage caused to tablet or any other hardware and/or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of Basicfirst Products.
8.8 Third-Party Sites, Products and Services; Links: The Basicfirst Products may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Basicfirst does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through reference sites is solely at Your own risk. You may not create a link to Basicfirst Products from another website or document without Basicfirst’s prior written consent.
8.9 Disclaimer: Basicfirst Products are provided on an “as is” basis with all faults and without any warranty of any kind. Basicfirst hereby disclaims all warranties and conditions with regard to the Basicfirst Products including without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, accuracy, timeliness. Performance, completeness, suitability and non-infringement. Additionally, Basicfirst shall not be liable for any damages arising out of or in connection with the use or performance of the Basicfirst Products. Your use of any information or materials though Basicfirst Products is entirely at Your own risk, for which we shall not be liable. It shall be Your own responsibility to ensure that Basicfirst Products provided by us meet Your specific requirements.
9.1 Basicfirst may, based on any form of access to the Basicfirst Products (including free download/trials) or registrations through any source whatsoever, contact the User through SMS, email, WhatsApp (or any other service) and call, to give information about its products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail, WhatsApp (or any other service) and holds Basicfirst indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do Not Call (DNC) database. By registering Yourself, You agree to make Your contact details available to Our employees, associates and partners so that You may be contacted for education information and promotions through telephone, SMS, email, WhatsApp (or any other service) etc.
9.2 While Basicfirst may, based on the User’s confirmation, facilitate the demonstration of its products at the location sought by the User, the User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the products and that User has relied solely on the investigations, examinations and inspections as the User has chosen to make and that Basicfirst has afforded the User the opportunity for full and complete investigations, examinations and inspections.
9.3 Upon registration through any means whatsoever, Basicfirst may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Basicfirst Products. The User expressly permits Basicfirst to contact him/her and the student utilizing the Basicfirst Products, through the above-mentioned means at any time post registration. Further, Basicfirst shall have the right to monitor the download and usage of the Basicfirst Products and the contents thereof by the User/student, to analyze such usage and discuss the same with the User/student to enable effective and efficient usage of Basicfirst Products. The User expressly permits Basicfirst to clear the doubts of the student using the Basicfirst Products by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e-mail, WhatsApp (or any other service) on express consent of the legal guardian/parent of the User or through any other forum.
Basicfirst reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time without any prior written notice to You. It is Your responsibility. to review these Terms and other Product Specific Term periodically for updates/changes. Your continued use of the Basicfirst Products after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to the Terms, Basicfirst will make reasonable effort to provide notice to You of such amended Terms, such as by an email notification to the address associated with Your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of (i) Your actual notice of such changes and (ii) thirty days after Basicfirst makes reasonable attempt to provide You such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
You agree to defend, indemnify and hold harmless Basicfirst, its affiliated companies, contractors, agents and its third-party suppliers, licensors, partners its officers, directors, employees (“Basicfirst Indemnitees”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the Basicfirst Products; (ii) Your violation of any term of these Terms, other policy, representations, warranties, and covenants made herein, whether by You or by any student associated with You in case You are an Institutional User; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; (iv) any claim that Your use of the Basicfirst Products has caused damage to a third party;. This defense and indemnification obligation will survive these Terms.
12.1 Limitation of Liability: under no circumstances, including, but not limited to, negligence, will Basicfirst or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from lost business, lost revenues or profits, loss of data, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to the terms or Your use of (or inability to use) the Basicfirst Products, or any other interactions with Basicfirst.
12.2 Limitation of Damages: In no event will Basicfirst or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers total liability to You for all damages, losses, and causes of action arising out of or relating to the terms or Your use of the Basicfirst Products or Your interaction with other users, exceed the amount paid by You, if any, for accessing the Basicfirst Products during the twelve months immediately preceding the date of the claim.
12.3 Basis of the Bargain: You acknowledge and agree that Basicfirst has offered the Basicfirst Products and entered into the terms in reliance upon the disclaimers and the limitations of liability set forth herein, that the disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Basicfirst, and that the disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Basicfirst. Basicfirst would not be able to provide the Basicfirst Products to You on an economically reasonable basis without these limitations.
12.4 You acknowledge that Basicfirst is not the manufacturer of the instrument/medium/hardware (if applicable, and supplied by Basicfirst) and hence, any defect relating to the same shall be reported to the manufacturer whose details shall be specified on the packaging and Basicfirst shall not be in any manner responsible for the same. Basicfirst does not provide any guarantee or warranty relating to the instrument/medium/hardware, if supplied by Basicfirst.
12.5 In the event of Your breach of these Terms, You agree that Basicfirst will be irreparably harmed and may not have an adequate remedy in money or damages. Basicfirst therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. Basicfirst’s right to obtain such relief shall not limit its right to obtain other remedies.
12.6 Any violation by You of the Terms of this agreement may result in immediate suspension or termination of Your Account apart from any legal remedy that Basicfirst can avail. In such instances, Basicfirst may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
13.1 For any and all disputes arising out of or in connection with or relating to the Terms herein or the Basicfirst Products, shall be referred to arbitration which shall be conducted as per the provisions of the Arbitration and Conciliation Act, 1996, as amended from time-to-time, by a Single Arbitrator to be appointed by Basicfirst. The seat and venue of the arbitration shall be Ranchi, Jharkhand. The arbitration shall be conducted in English. The cost of arbitration shall be borne equally by both parties and the arbitrator shall award costs of the Arbitration in favor of the successful party.
13.2 The Terms will be governed by and construed in accordance with the laws of the Republic of India.
13.3 You waive Your right to institute legal proceedings in any other jurisdiction. However, we shall be entitled to institute legal proceedings in connection with any matter arising under these Terms in any jurisdiction where You reside, do business or have assets.
14.2 Notice: All notices served by Basicfirst including those regarding changes to the Terms, shall be provided via email to Your account or as a general notification on the Basicfirst Products or other reasonable means. Any notice to be served on Basicfirst should be sent to email@example.com
14.3 Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. Basicfirst’s rights under the Terms are freely transferable by Basicfirst to any third parties without the requirement of seeking Your consent.
14.4 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
14.5 Waiver: Any failure by Basicfirst to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Basicfirst of that provision or right.
14.6 Relationship: You acknowledge that Your participation and/or use of the Basicfirst Products, does not make You an employee or agency or partnership or joint venture or franchise of Basicfirst.
14.7 Basicfirst provides these Terms so that You are aware of the terms that apply to Your use of the Basicfirst Products. You acknowledge that, Basicfirst has given You a reasonable opportunity to review these Terms and that You have agreed to them.
14.8 Survival: Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 5,6.1, 6.3,6.4,8,9,11,12,13.
14.9 Headings: The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
We may, from time to time, invite or provide You with means to provide feedback regarding the Platform(s), and in such circumstances, any feedback You provide will be deemed non-confidential and We shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Pravin Kumar
E-mail id: firstname.lastname@example.org
1 TERM: This Agreement shall commence on the date the devices /tablets /instruments /hardware products (“Product(s)”) are delivered to You and remain in full force and effect until the fixed period [equivalent to the tenure of the contract that is agreed by You while booking the Product(s)] expires and the Products is returned to Basicfirst, unless extended pursuant to the Tenure Extension Policy.
2 TENURE EXTENSION POLICY: Basicfirst provides You, an option to extend the tenure (“Tenure Extension”) for extension of the term of the Agreement. In case of extension of the term beyond the Agreement tenure by You, the rate applicable at the time of extension shall be followed for calculation of rental amount for the extension period. Any extension shall be done only through the Basicfirst website and such extension shall be deemed to be pursuant to this Agreement. Basicfirst reserves the right to revise the rental rates any time at its sole discretion. It is however clarified that under no circumstances the term can be reduced.
3 PAYMENT: The payment for Rental Tenure shall be payable in advance at the time of placing the order for the Products(s). In case of extension of tenure as provided in clause 2 above, the payment for the extended tenure shall be paid in advance at the time of placing the request for such extension. You shall make all payments to Basicfirst or its authorized agents/point of sales only. Basicfirst shall not be liable for any payment made to any broker/third party by You. Basicfirst reserves the right to share information with credit rating agencies. You hereby agree that non-payment, may affect Your credit rating and Basicfirst shall not be liable for any claim from You for sharing such information with credit rating agencies.
4 SECURITY DEPOSIT: In addition to the rental, You may be required to pay a refundable security deposit (“Security Deposit”). The Security Deposit shall not carry any interest for the entire tenure. The Security Deposit shall be refunded to You on the termination and after taking delivery of all the Products from Your possession. Once the final quality check is performed on all the Products, and in case no damage is found, the Security Deposit shall be refunded within 15-21 working days to You. Basicfirst shall refund the Security Deposit to the account from which initially the Security Deposit was paid by You, in case You wish to get the refund to any other account, You shall provide the details of the account to Basicfirst via e-mail from Your registered e-mail address, prior to the pickup of the Products and/or drop off of the Products. In case any damage is found in any Product, Basicfirst shall have the right to deduct the charges for the damages or dues from the Security Deposit paid by You and shall refund the remaining amount to You. In case of default in the payment of rentals, Basicfirst shall have the right to deduct such rental dues from the Security Deposit and may at its sole discretion refund or forfeit the remaining balance of the Security Deposit. The Security Deposit shall not include any rental. You cannot request for the dues to be adjusted from the Security Deposit.
5 ORDER CONFIRMATION: On receipt of the order and the Security Deposit, Basicfirst shall confirm the order with You by sending a confirmation to Your registered e-mail address. In the event, any product selected by You are unavailable, Basicfirst shall inform the same to You. Basicfirst reserves the right to replace any product selected by You in the event of unavailability. You shall be provided with an option to either accept or deny such substitution at the time of confirming the order. Mere payment of the Security Deposit shall not be considered as a valid contract. In the event, You do not accept the substitute Product, Basicfirst shall refund the Security Deposit paid by You as per Clause 4 of this Agreement. The order raised by You shall be processed subject to successful verification of the KYC and serviceability at Your location as per Basicfirst Policy. In case the KYC verification is not successful, or the location is not serviceable by Basicfirst, Basicfirst reserves the right to reject Your order any time prior to delivery, at its sole discretion without assigning any reason even after successful KYC or serviceability of the location. In the event the order is rejected by Basicfirst, the Security Deposit paid by You shall be refunded to You as per Clause 4 of this Agreement.
6 SERVICE: Basicfirst shall provide the service for the Product during the term of this Agreement. In case any service is required for the Product, You shall raise the request for the service, however, Basicfirst shall try to resolve the issue over call, in case the same is not resolved, Basicfirst shall assess the service requirement of the Product, arrange for the submission of the Product with the authorized service center of the manufacturer and shall inform the duration required for service to You. Once the Product is repaired, Basicfirst shall deliver the original Product to You. You shall be liable to pay for any quality assessment check (QC) cost incurred by Basicfirst or any service charges incurred by Basicfirst for the service. In the case of a manufacturing defect, You shall not be liable to pay the charges for such service. Any service arising out of damage, You shall be liable to pay for such damage. In case the service of the Product is due to a manufacturing defect, Your tenure shall be extended for the number of days the Product is not with You. In case the service of the Product is required due to the damage done by You, then no such extension shall be granted.
7 DAMAGE /LOST: You shall be liable to pay for any damage (including but not limited to dent, scratches, breakage, chipping, cracked display, jailbreak of device, exposure to liquid or dampness or moisture or sand, hardware and software tampering including jailbreak, rooting, unlocking boot ROM, bending of Product frame, modifications, unauthorized repairs, tampering of the Product serial number and malware installation or any other cause not arising due to manufacturing defect of the Product) of the Product, up to the existing market value of the Product, at the time of such damage. In case the product is lost (including but not limited to robbery, theft, misplacement) by You, You shall intimate Basicfirst immediately and You shall either file a first information report (“FIR”) with the jurisdictional police station and share the copy with Basicfirst or shall assist Basicfirst in filing the FIR. You shall be liable to pay a penalty amounting to the existing market value of the Product, at the time of such incident.
8 INSPECTION: Basicfirst reserves the right to inspect the Product delivered to You at the time of the return of the Product at the end of the term. You shall co-operate with the Basicfirst to carry out the necessary quality checks of the Product at the time of the return of the Product. Basicfirst shall provide a quality check report to You, in case any damage is found to the Product at the time of return by You, You shall be liable to pay for such damage.
9 DATA:You are hereby informed that during service of the Product, any data stored (including but not limited to contacts, images, audio, videos, files, software and passwords) in the Product will be deleted and reformatted. Basicfirst shall not be responsible for any loss of software programs, data or other information contained on the Product. Further You, shall be responsible for deleting and backing up any data stored on the Product before returning the Product to Basicfirst. In the event, You fails to delete the stored data or take back up of the data, Basicfirst shall delete all the data stored on the Product. You hereby agree that, Basicfirst shall not be liable for any loss of data stored on the Product or any economic consequential damages including lost profits. You shall be responsible for removing any sim card, memory card, accessories in the Product before submitting it to Basicfirst representative.
10 PRODUCT TRACKING: Basicfirst reserves the right to install software for tracking the location of the Product and limiting access thereof. You hereby agree to such installation of software in the Product. You shall not uninstall or stop service or modify or tamper with such software installed on the Product under any circumstances. However, in case the software is deleted and/or disabled due to an update of firmware, You shall immediately inform the same to Basicfirst. Basicfirst reserves the right to have You reinstall such software and or visit such location for installation of the software.
11 TERMINATION: In the event, You do not wish to extend the rental period beyond the Agreement date, the Agreement shall terminate on the last day of the rental term. Basicfirst shall have the right to terminate this Agreement in the following events; (i) default of payment of rental dues or any other payment dues by You; or (ii) breach of any of the terms of this Agreement
12 CONSEQUENCES OF TERMINATION:
13 OWNERSHIP OF PRODUCTS Basicfirst and/or its business partners shall at all times during the term of this Agreement, retain title to and/or be the beneficial owners of the Products delivered to You, pursuant to the Agreement. Nothing in this Agreement shall be construed as a transfer of ownership of the Products to You. You shall give immediate notice to Basicfirst if any of the Product is about to become liable or is threatened with seizure and You shall indemnify Basicfirst against all loss and damage caused by such action against its Products.
14 ASSIGNMENT You shall not assign or transfer any interest in this Agreement or the Products without the written consent of Basicfirst. Any such transfer or assignment shall be considered as illegal and hence a violation of the terms of this Agreement. Basicfirst reserves the right to assign this Agreement, to any third party (including credit rating agencies, factoring agents and NBFC) without prior notice to You.
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