WARRANTY AND DISCLAIMER
Limited Product Warranty
1.1 This Limited Warranty applies to the JumpToPC kit – inclusive of the JumpToTV device, Keyboard, Mouse, USB Hub, OTG and AV cables (hereinafter referred to as “Product”) sold by, and under brand of, Jumpstream Technologies Pvt Ltd, a company registered in India with company registration no. U74999MH2019PTC324269 and registered office address at B-804, Plot No 83, Sector 15C, CBD Belapur, Navi Mumbai, Mumbai 400 614 (hereinafter, “Company”) for customer purchase for his or her own use and not destined for resale (defined hereinafter as “Customer” or “End User”). The term “Product” in this Limited Warranty does not include any software programs, whether pre-loaded with the Product, installed subsequently or otherwise.
2. APPLICATION OF THE WARRANTY
2.1 The Company warrants the Product against critical failure resulting from original manufacturing defects in workmanship or material, under normal use. The company does not warrant any uninterrupted or error-free operation of the Product or that all deficiencies, errors, defects or non-conformities will be corrected.
2.2 Unless the company specifies otherwise, this warranty extends only for the original user of the Product and the Warranty applies only in the country or region in which the original user purchases the Product to the Company or a Company Reseller in case of a resale.
3. WARRANTY PERIOD
3.1 The warranty for the Product is as follows, subject to the terms of this Warranty and Disclaimer.
3.1.1 The JumpToTV Device has 12 months replacement warranty
3.1.2 The keyboard has 12 months replacement warranty
3.1.3 The mouse has 12 months replacement warranty
3.1.4 The USB hub has 6 months replacement warranty
3.1.5 The OTG cables or AV cables aren’t covered under any warranty
3.2 The warranty period of the Product starts at the day of purchase (purchase invoice date) of the Customer, and in case of a resale by a Company Reseller not more than 90 days after the production date marked on the Product/packaging. Warranty is void if no proof or original purchase invoice is presented to Company.
3.3 This Limited Warranty extends only to the original end-user customer of the Product and is not transferable to anyone who obtains ownership of the Product from the original end-user customer.
3.4 Warranty stands void if any of the obligations under clause 7 of this disclaimer are not complied with or violated by the customer.
4. WARRANTY EXCLUSIONS:
4.1 This limited warranty does not apply:
i. to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, that does not otherwise affect the Product’s functionality or materially impair your use;
ii. if the Product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Company;
iii. to any Product which has been disassembled, repaired, tampered with, altered, changed, or modified by persons other than Company’s authorized service agent/personnel, unless repair by others is made with the written consent of Company;
iv. software programs;
v. handling, storage, installation, testing, or use not in accordance with Product’s User Guide or other instructions provided by Company;
vi. abuse or misuse of the Product;
vii. to consumable parts, such as batteries;
viii. to damage caused by breakdowns, fluctuations, or interruptions in electric power or the telecommunications network or other external causes;
ix. to damage caused by operating the Product outside the permitted or intended uses described by us;
x. to damage caused in case the Product is exposed to excess heat and humidity
xi. to damage caused by tampering with the Product and/or attempt to open it by the user
xii. to damage caused by plugging the Product into a faulty AC socket/AC-DC connector/DC Power source for powering the device
xiii. to damage caused by physical shocks/falls etc.
xiv. to damage caused to device by surge/faulty TV
xv. to damage caused by plugging the Product into rusted/damaged sockets
xvi. to damage caused in case the Product is being used without the correct applications as specified by the Company
xvii. Acts of God, including but not limited to lightning, flood or earthquake
4.2 The limited warranty does not cover consumable parts, unless damage is due to defects in materials or workmanship of the Product, or software. Company recommends that you use only authorized service providers for maintenance or repair. Unauthorized use of the Product or software can impair the Products‘ performance and may invalidate this Limited Warranty. Further Products resold by unauthorized retailers are not covered by warranty.
5. PERFORMANCE DISCLAIMERS:
5.1 Company hereby expressly disclaims and you agree and acknowledge as follows:
i. Company will not be responsible for the digital media content made available through the Product;
ii. Company shall not be responsible or liable for disconnection/removal/unavailability of any digital media content on the platform if such media or content is/are not made available from the Creator’s/Producer’s end;
iii. Company shall not be responsible for the quantum of digital media content received via the Product;
iv. Company disclaims the output of the Product which may vary by weather conditions/internet availability and other such similar conditions;
5.2 Company disclaims that the Product and app combination may not supersize/jump all online/streaming content. Depending upon the streaming content provider and content owner, certain streamed content and downloaded content may not be supersized. For best use, users are recommended to play content via the JumpToPC app only and select network speed compatible resolution
5.3 The Product is designed for use with smartphones operating on Android 4.4 and above and does not work with all phone makes and models. Users are requested to check phone model compatibility before purchase of the Product
5.4 Company disclaims working of the Product against network interference. The performance of the Product is affected by excess network interference on the 2.4GhZ wavelength, this includes Wi-Fi networks and hotspots amongst other sources. For best performance, network interference must be minimized
5.6 The display quality on the user’s TV by use of the Product is subject to network interference, resolution of the TV screen, input video quality and data speed in case of streamed content. For optimal performance, all of these factors should be within the performance range.
6. DISCLAIMER OF WARRANTIES:
6.1 Except for the limited warranty set forth above, Company makes no and disclaims all other representations and warranties, whether express or implied, concerning the product including but not limited to any implied warranties of merchantability or fitness for a particular purpose, or concerning any patents or technology used or included therein. If any implied warranties apply as a matter of law, they are limited in duration to the length of this limited warranty. All guaranties, warranties, conditions, and representations whatsoever, either express or implied, whether arising under any statute, law and commercial usage or otherwise, are hereby expressly excluded. Some states may not recognize a disclaimer or limitation of warranties and/or limitation of liability so the above disclaimer may not apply. The customer may also have different and/or additional rights and remedies that vary from state to state. The customer acknowledges and agrees that Company shall not be responsible for any damages that the customer may incur from delayed shipment, product failure, product design, selection, or production or from any other cause, whether liability is asserted in contract, tort (including negligence and strict product liability) or otherwise. In no event shall Company be liable for any indirect, incidental, consequential, or special damages of any kind (including without limitation loss of profits or loss of use), whether or not Company shall be or should be aware of the possibility of such potential loss or damage.
6.2 Representations and warranties made by any person, including but not limited to dealers and representatives of Company, which are inconsistent or in conflict with the terms of this limited warranty, shall not be binding upon us unless reduced to writing and approved by an expressly authorized officer of Company. This limited warranty is the complete and exclusive statement of warranty which Company agrees to provide with respect to the Product and it shall supersede all prior and contemporaneous oral or written agreements, understandings, proposals, and communications pertaining to the subject matter hereof.
7. OBLIGATIONS OF CUSTOMER:
7.1 You as a Customer agrees and acknowledges that:
i. The Product shall always be used with the application “JumpToPC” App
ii. the Product and its accessories shall not be exposed directly to excess heat and/or moisture;
iii. the Product and its accessories, shall be used indoor;
iv. the Product and its accessories shall be used within standard electricity supply;
v. the Product repair thereafter shall be performed/completed only by a qualified/authorized service provider as per the instruction provided in the Manual;
vi. the Product shall always be used in accordance with the user manual
vii. the Product shall not be tampered or opened at any point of time
viii. the Product shall always be used with standard cable peripherals
ix. the Product shall not be plugged into faulty/damaged AC socket/AC-DC connector/DC Power source for powering the Product and peripherals
x. at the time of delivery/purchase of this Product, you shall verify the seal of the Product/delivery box. If you find any tamper over the seal of the Product/delivery box, such box shall not be accepted
xi. providing us with your personal information including but not limited to personal name, address, contact number, valid email address, pin code, copy of PAN Card and “Aadhar Card” which we require in order to administer warranty and send updates. By providing such information, you agree to receive certain communications from us, including, but not limited to, alerts on changes in digital media content available and special programming updates. Such communications shall be via phone, e-mail or other method as determined by us. You warrant to us that all the information provided to us in such order is accurate and correct.
7.2 Non-compliance of any of the above obligations under clause 7 above will make the warranty void.
8. LIMITATIONS OF LIABILITY
8.1 To the extent not prohibited by law, regardless of whether any remedy set forth herein fails of its essential purpose or otherwise, in no event will Company, its suppliers or licensors be liable for any lost revenue, profits, or lost or damaged data, business interruption, loss of capital, personal injury or for consequential, special, indirect, incidental, or punitive damages or any other commercial damages or losses, arising out of or related to your use or inability to use the product, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Company has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of consequential or incidental damages, so the above limitations may not apply in certain jurisdiction. Notwithstanding the foregoing, Company's total liability to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort or otherwise, arising out of your use of the product shall not exceed the amount you paid to purchase this product.
9.1 If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
10.1 Company may modify, suspend, withdraw or discontinue, temporarily or permanently this Product, in whole or in part, at any time without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Product.
11. GOVERNING LAW
11.1 The Customer and the Company consent to the application of the laws of India, to govern, interpret, and enforce all of the Customer and the Company's rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Statement of Limited Warranty, without regard to conflict of law principles.
12.1 You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India in all disputes arising out of or relating to the use of the Product.