Terms and Conditions
UPDATE: These terms were last updated on Feb 1, 2025, and supersedes all previous versions. These terms are effective from Feb 1, 2025 at 12:00am (Indian Standard Time).
Key Highlights:
- Devices are assessed based on user-declared conditions, and InstaCash reserves the right to re-evaluate upon receipt.
- Accepted quotes or re-quotes are final, and devices cannot be returned after confirmation.
- Logistics charges apply for returns beyond the first free transaction.
- User data is retained for a minimum of 3 years and a maximum of 7 years for legal, audit, and analysis purposes.
- Devices must not be international models unavailable for sale in India.
- InstaCash disclaims liability for indirect damages and provides services "as is" without any express warranties.
By using the InstaCash Prime service provided by InstaCash, you agree to the following terms and conditions.
Please review these terms carefully as they govern your use of our services.
1. Device Assessment, Valuation, and Payment
1.1 Device Assessment
- 1.1.1 The value offered for your device is based on the declaration of its functional and physical/cosmetic conditions.
- 1.1.2 InstaCash reserves the right to re-evaluate the device upon receipt at its diagnostic facility.
1.2 Eligible Devices
- 1.2.1 The device is not an international model that is unavailable for sale in India.
- 1.2.2 The device has been purchased legally and domestically.
- 1.2.3 The device is in a condition that complies with InstaCash's assessment and valuation standards.
1.3 Valuation
- 1.3.1 If there is a discrepancy between the declared condition and the actual condition assessed by InstaCash’s experts, a re-grade may occur, and the value may be adjusted accordingly.
- 1.3.2 You will have the option to accept or reject the updated offer.
1.4 Device Return
- 1.4.1 If you reject the updated offer or any dispute arises, InstaCash will initiate the return of your device.
- 1.4.2 Returns will be processed promptly, and shipping/tracking information will be shared with you for convenience.
- 1.4.3 If the device quote is confirmed by the assessment or QC team, or if the re-quote is accepted by the user/seller, the device will be considered sold, and no return will be possible.
- 1.4.4 The return of the device under the first transaction, under InstaCash Prime program, by a user is free of charge. For subsequent transactions, InstaCash reserves the right to charge logistics fees for returns.
1.5 Payment
- 1.5.1 Upon acceptance of the offer, payment will be made within 24 hours of your device reaching the InstaCash warehouse.
- 1.5.2 Payments will be credited through the chosen mode of payment provided during the trade-in process.
1.6 Packaging Guidelines
- 1.6.1 It is your responsibility to follow the provided packaging guidelines to ensure the secure packing of your device.
- 1.6.2 Failure to comply with the guidelines may result in damage during transit, for which InstaCash will not be held liable.
2. Privacy, Data Security, and Protection
2.1 Privacy
- 2.1.1 InstaCash respects your privacy and handles personal information in accordance with applicable data protection laws.
- 2.1.2 Any data on the device will be erased as per standard data-wiping procedures to protect your privacy.
- 2.1.3 For more information, please review our Privacy Policy.
2.2 Data Security
- 2.2.1 InstaCash employs robust security measures to safeguard user data and transactions, including encryption protocols, secure servers, and regular audits.
- 2.2.2 Users are encouraged to keep their account credentials confidential and to use strong, unique passwords for their accounts.
- 2.2.3 While InstaCash takes extensive steps to ensure security, it will not be liable for breaches caused by external factors beyond its control, such as user negligence or third-party attacks.
- 2.2.4 In case of any suspected breach or unauthorized access, users are advised to immediately contact InstaCash support for assistance.
2.3 Device and Data Protection
- 2.3.1 InstaCash guarantees the secure handling of all devices during the trade-in process to prevent unauthorized access or tampering.
- 2.3.2 Users are strongly advised to back up their data and remove all personal or confidential information from their devices before shipping. InstaCash will not be responsible for any residual data left on the device.
- 2.3.3 Devices with tampered software, malicious code, or unauthorized modifications may be disqualified from trade-in services to ensure the security of InstaCash’s ecosystem.
- 2.3.4 User data related to the transaction will be retained post-transaction for a minimum of three (3) years and a maximum of seven (7) years for audit, analysis, and legal purposes, including cooperation with law enforcement agencies when required. This data may include user identification details, device information, and transaction records. Users have the right to request information about the data stored about them and, in some cases, request deletion of specific data if not restricted by legal or regulatory requirements.
3. Representations and Warranties by the User
3.1 By initiating the trade-in process, you represent and warrant that:
- 3.1.1 You are the rightful owner of the device and have full legal authority to sell it.
- 3.1.2 The device is not stolen, counterfeit, or illegally obtained.
- 3.1.3 You will maintain accurate and up-to-date contact information throughout the trade-in process to ensure seamless communication.
- 3.1.4 You will respond promptly to any requests for clarification, counter-offers, or additional information made by InstaCash.
- 3.1.5 The device is not an international model that is unavailable for sale in India, and the device has been purchased legally and domestically.
- 3.1.6 You agree to refund any overpayment made to you resulting from errors during the transaction process. Such refunds will be processed within 72 hours of a request being raised by InstaCash, along with supporting details for identification and validation of the error.
3.2 You further declare that:
- 3.2.1 All information provided about the device, including its condition and ownership, is accurate and truthful to the best of your knowledge.
- 3.2.2 The device does not contain any illegal content or material that infringes on the rights of third parties.
3.3 InstaCash reserves the right to request additional proof of ownership, including but not limited to invoices or warranty cards, if deemed necessary.
3.4 Any involvement in fraudulent activities, including misrepresentation of ownership or device condition, will result in immediate disqualification from the trade-in process and may be reported to the appropriate authorities.
3.5 You acknowledge and agree that any non-compliance with these representations and warranties may lead to the cancellation of the transaction or other legal remedies as InstaCash deems appropriate.
3.6 You agree that if the device sold to InstaCash is later determined to have been blocked from usage, including but not limited to being reported stolen, subject to a finance lock, cloud lock, or any other restriction:
- 3.6.1 InstaCash reserves the right to raise a claim with you and require a full refund of the amount paid for the device, along with any logistics and service charges incurred.
- 3.6.2 In cases where the device is taken into custody by law enforcement or recovering the device is not possible, InstaCash is not obligated to return the device to you.
- 3.6.3 InstaCash will cooperate with law enforcement authorities as required and may disclose details of the transaction and user information under applicable law.
3.7 If the device quote is confirmed by the assessment or QC team, or if the re-quote is accepted by the user/seller, the device will be considered sold, and no return will be possible.
4. Liability and Disclaimer of Warranties
4.1 InstaCash will not be held liable for any loss or damage to the device during transit, except where it is conclusively proven to have resulted from gross negligence or wilful misconduct on the part of InstaCash.
4.2 InstaCash is not liable for delays caused by third-party logistics providers but will assist users in resolving disputes.
4.3 Users are strongly advised to back up their data and remove personal or confidential information from the device before shipping it. InstaCash shall not be responsible for any loss of data left on the device.
4.4 InstaCash disclaims liability for any indirect, incidental, or consequential damages arising from the use of its services, including but not limited to loss of revenue, business, or reputation.
4.5 InstaCash provides its services "as is" without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. InstaCash does not guarantee uninterrupted or error-free operation of its services.
4.6 If a device is blocked, confiscated, or otherwise restricted post-sale due to legal or contractual issues (e.g., reported stolen, finance lock, or cloud lock), InstaCash may seek reimbursement of the paid amount from the seller/user.
4.7 InstaCash will not be liable to return the device in cases where it is held by law enforcement or recovery is deemed impossible.
4.8 InstaCash will refund any overpayment made to the seller/user resulting from errors during the transaction process. Such refunds will be processed within 15 business days upon identification and validation of the error.
4.9 In cases of force majeure, including but not limited to natural disasters, strikes, or governmental actions, InstaCash shall not be held liable for any delays or damages affecting the transaction.
5. Use of Services
5.1 By accessing the InstaCash website or app, you agree to comply with the terms of use, including refraining from unauthorized activities such as hacking, data scraping, or misuse of content.
5.2 All content, trademarks, and intellectual property on the website and app are owned by InstaCash and are protected by apppcable copyright laws.
6 Termination of Service
6.1 InstaCash reserves the right to terminate user access to its services under the following circumstances:
- 6.1.2 Violation of these terms and conditions.
- 6.1.2 Engagement in fraudulent activities, including but not limited to misrepresentation of device condition or ownership.
- 6.1.3 Misuse of the InstaCash platform, such as attempting unauthorized access or interference with the service ecosystem.
6.2 Termination may occur without prior notice in cases of severe violations or where required by applicable law.
7. Intellectual Property Rights (IPR)
7.1 All rights, titles, and interests in and to the InstaCash brand, including its trademarks, logos, and sub-brands, are the exclusive property of InstaCash. Unauthorized use of these intellectual properties is strictly prohibited.
7.2 InstaCash does not claim ownership of or affiliation with the trademarks, brands, or logos of third-party smartphone manufacturers or other entities mentioned on its platform. These trademarks are the property of their respective owners and are used solely for identification and descriptive purposes to enhance clarity for users and sellers.
7.3 By using the InstaCash platform, you acknowledge and agree that no rights or licenses to third-party trademarks are granted or implied by InstaCash, and their mention does not constitute endorsement or sponsorship.
8. User Communication and Notifications
8.1 By using InstaCash Prime, you consent to receive communications from us via email, phone, SMS, WhatsApp, and chat for updates, promotions, support, and service-related purposes.
8.2 Service-related communications are necessary and cannot be opted out of, as they are critical for ensuring the seamless processing of your orders and updates.
8.3 Users may opt out of promotional communications at any time by following the opt-out instructions provided in the messages.
9. Governing Law and Arbitration
9.1 These terms and conditions shall be governed by and interpreted in accordance with the laws of India. Any disputes arising out of or related to these terms shall be subject to the exclusive jurisdiction of the courts located in Jaipur, Rajasthan, India.
9.2 In the event of any dispute, controversy, or claim arising out of or relating to these terms, the parties shall first attempt to resolve the matter amicably through mutual discussions within 30 days from the date the dispute is raised.
9.3 If the dispute is not resolved through mutual discussions, it shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator appointed mutually by both parties. If the parties cannot agree on the arbitrator within 15 days, the appointment shall be made by the High Court of Rajasthan.
9.4 The arbitration proceedings shall take place in Jaipur - Rajasthan, India, and shall be conducted in English. The arbitrator's decision shall be final and binding on both parties.
9.5 Each party shall bear its own costs of the arbitration proceedings, unless otherwise awarded by the arbitrator.
9.6 In case of any automatic translations of these terms into multiple languages, the English language version published by InstaCash shall be legally binding and take precedence.
10. Amendments
10.1 By using InstaCash Prime, you acknowledge that you have read, understood, and agreed to these terms and conditions.
10.2 InstaCash reserves the right to amend these terms at its discretion without prior notice. It is advised to review these terms periodically for updates.
By proceeding with the use of InstaCash Prime, you signify your agreement to the above terms and conditions. For any queries or clarifications, please contact our support team.