Terms of Use
These Terms of Use, including any amendments thereof (hereinafter referred to as the ‘Terms’) govern the use of Services (defined hereinbelow) and access to the website (www.jaipurvilla.in) and/or mobile application titled (Jaipur villa) (hereinafter referred to as the ‘Platforms’), by any individual (hereinafter referred to as the ‘User’, ‘you’, and ‘your’).
The Platforms are owned and operated by Jaipur Villa Works (OPC) Pvt Ltd, a private limited, ‘one person company’, having the CIN No. U46411MH2023OPC405796, and PAN No. AAGCJ0665B* and having a registered office at Thakur Village, Kandivali (E), Mumbai 400101 (hereinafter referred to as ‘we’, ‘our’, ‘us’, or the ‘Company’), and are an avenue for the Company to sell its Products to the Users.
These Terms and/or any policies and amendments thereof issued by us from time to time (hereinafter referred to as ‘Policy’ or ‘Policies’) govern your access, and use of the Platforms and/or Services, and further lays down your rights, liabilities, and duties towards the same.
These Terms apply to all Users, except any individuals incapable, incompetent, and/or prevented from entering into a legally valid contract, or accessing and using the Platforms and/or Services as per the law applicable to them (hereinafter referred to as ‘Invalid User(s)’). All Invalid Users are hereby prohibited from accessing and using the Platforms.
These Terms are electronic documents, and thus do not require that you affix your signature. You hereby acknowledge that any of the following actions undertaken by you, shall be deemed as your acceptance of these Terms:
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Clicking on the relevant checkbox;
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Communicating your acceptance in any other manner provided by us; or
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Accessing and/or using the Platforms; or
By accepting these terms, you further agree that you have read and understood them and agree to be bound by them.
We shall reserve the right to amend these Terms at any point in time, a notice of which shall be provided to you on the Platform. You agree that it is your responsibility to read and update yourself with any revised Terms. Your continued use of the Platform shall be construed as your acceptance thereof.
Certain sections of the Platform may be subject to additional or separate terms, which shall be posted accordingly in the relevant sections. If there is a conflict between these Terms and the terms posted for a specific section of the Platforms and/or specific Services, the latter terms and conditions shall prevail.
You and the Company shall hereinafter be individually referred to as ‘Party’ and collectively referred to as ‘Parties’.
If you do not wish to be bound by these Terms, kindly refrain from, or immediately cease accessing and/or using the Platform and/or our Services.
1. DEFINITIONS:
1.1. Applicable Law(s): shall mean and include all Indian statutes, enactments, acts of the legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders, requirements, or other governmental restrictions or any similar form of a decision of, or determination by, or any interpretation, policy or administration of, any government, statutory authority, tribunal, board, the court having jurisdiction over the matter in question.
1.2. Confidential Information: shall mean and include all written, verbal, electronic, and/ or tangible information related to the Company, its Related Parties (defined below), and their business or affairs which is by its nature confidential, whether or not designated as confidential by the Company, communicated or made available in whatever form and medium to the users for the purpose of or in connection with these Terms, including provisions of these Terms, any Policies issued by us and any amendments thereof, and intellectual property rights.
1.3. Device: shall mean the device, system, or machine you use to access the Platforms and/or use Services.
1.4. Intellectual Property Rights: shall mean any and all worldwide, perpetual rights, either collectively or individually, pertaining to intangible property including but not limited to patents, copyrights, trademarks, designs, trade secrets, know-how, and derivative works thereof.
1.5. Platform Content: shall mean any material displayed by us on the Platform, including but not limited to literary, graphical, audio, video material, and/or any combination thereof, in the form of, but without limitation, to descriptions, pictures, videos, and music.
1.6. Product(s) shall mean the products offered for sale on the Platforms.
1.7. Related Parties shall mean a Party’s associates, affiliates, directors, officers, and/or employees.
1.8. Service(s): shall collectively mean the services provided by the Company on the Platforms, which shall include but not be limited to offering the catalogue of Products for sale thereon, and delivery of Products ordered.
1.9. User Content: shall mean the content communicated or published by you on the Platforms, which shall include but not be limited to literary, graphical, audio, visual content and/or a combination thereof, in the form of reviews, and any other communication accessible to other Users.
2. INTERPRETATIONS:
2.1. The words ‘include’, ‘including’, ‘inter alia’, and ‘in particular’ shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding words.
2.2. The terms ‘hereof’, ’herein’, ’hereby’, ’hereto’, and derivative or similar words, unless followed by a reference to a specific provision of these Terms refer to these Terms in their entirety.
2.3. The headings given hereunder in these Terms are for convenience and do not affect the interpretation of these Terms.
2.4. Unless the contrary is expressly stated, no clause in these Terms limits the extent or application of another clause.
3. ACCESS TO THE PLATFORMS:
3.1. Subject to these Terms and any Policy, we hereby grant you access to the Platforms and the privilege to use the Services. All rights not expressly granted to you in these Terms and/or under any Policy is reserved and retained by us.
3.2. Your access to the Platforms is subject to the laws applicable to you, and should you be prohibited, or by virtue of an amendment in the laws applicable to you, become prohibited at any point in time in the future from accessing the Platforms and/or availing any Services, you hereby warrant that you shall not access the Platforms nor use any Services.
3.3. While we aim to provide you access to the Platforms and our Services without any interruption, we do not represent or warrant that the Platforms and Services shall be accessible and available at all points in time. We reserve the sole right to modify, suspend, or terminate, either wholly or partly, the Platforms and/or Services. We shall not be liable for any action, complaint, claim, charge, cause of action, damage, demand, expense (including reasonable attorney’s fees), issue, loss, liability, or suit (hereinafter referred to as a ‘Claim’) arising out of such modification, suspension or termination.
3.4. Device requirements and protection measures:
3.4.1. You hereby understand that your access to the Platforms is dependent on your Device’s hardware and software specifications. In furtherance of the same, we shall not be liable for any Claim attributable to your Device’s inability to access the Platforms.
3.4.2. Your inability to access the Platforms and/or use the Services for any reason whatsoever shall not in manner make us liable for any Claim, or make us a party to any legal proceedings pertaining to the same.
3.5. Invalid Users:
3.5.1. Access to the Platforms and use of Services is not extended to Invalid Users. If you fall under the definition thereof do not, or immediately cease (as the case may be) your access to the Platforms and use of any Services. Subject to the Applicable Laws, we shall not be liable for any Invalid Users’ access and use of the Platforms and Services.
3.5.2. If you are made aware of any Invalid Users accessing the Platforms and/or using any Services, kindly contact us via the contact details provided hereunder, at the earliest.
3.6. Privacy policy:
3.6.1. To provide you access to the Platforms and the Services, we may collect certain information that is capable of being used to personally identify you, or that is automatically collected from the Device you use to access the Platforms and/or use the Services. Such information shall be collected, stored, processed, shared, and purged in accordance with our privacy policy, which can be accessed here.
3.6.2. By agreeing to these Terms in the manner first provided above, you hereby agree that;
3.6.2.1. you have read the privacy policy; and
3.6.2.2. agree to the terms thereof.
3.6.3. The privacy policy shall, to the extent permissible under the Applicable Law, be subject to these Terms and shall be governed by them.
4. USE OF THE PLATFORMS:
4.1. You hereby agree that you shall not use the Platforms in any manner that:
4.1.1. Is in breach of these Terms, any Policy, and/or any Applicable Laws, and/or interferes with other Users’ access to the Platforms, and/or Services.
4.1.2. Results in access to any part of the Platform and/or to any information thereon that is not made accessible to you, whether or not by circumventing the technological protection measures employed by the Platforms, using any means including but not limited to software and code, and/or by employing any process including but not limited to reverse engineering.
4.1.3. Results in scanning and testing the Platforms and/or any part thereof.
4.1.4. Harms us, our good repute, and that of our Platforms and/or Services, or any third party, including but not limited to other Users.
4.1.5. Engages in any data mining, data harvesting, data extracting, or any other similar activity.
4.1.6. Duplicates any of the appearance, features, or functionality of the Platforms, and/or impersonates any third party, including but not limited to any other Users.
4.1.7. Results in the usage of our information, including but not limited to Confidential Information, Platform Content, and/or any other content for the benefit of any competing business.
4.1.8. Alters, reverse engineers, decompiles, or attempts to do the aforementioned with respect to the Platforms including but not limited to part or function thereof, and/or the Services.
4.2. User Content: You hereby agree that you shall not host, display, upload, modify, publish, transmit, update, or share any information, material, or data, including but not limited to User Content that:
4.2.1. Is harmful, amounts to harassment, blasphemous, defamatory, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging any of the above acts;
4.2.2. Promotes and/or provides instructional information on illegal activities, conduct that is abusive and threatening, any commercial activity including but not limited to the sale goods and services, gambling, the infringement of any of our or any third party's rights including but not limited to, Intellectual Property Rights;
4.2.3. Contains any information that is protected under confidential obligations, and/or any material including but not limited to pictures and videos of another person, without their written authorization;
4.2.4. Tries to gain unauthorized access to the Platforms, or solicits passwords or personal identifying information of other Users;
4.2.5. Transmits spam or similar unsolicited mass mailing;
4.2.6. Mentions any website, platform, or URL that, refers to or contains information, material, and/or data that breaches any of the restrictions mentioned hereinabove.
4.2.7. Threatens or attempts to threaten the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
4.2.8. Is false, inaccurate, unverified, inauthentic, fraudulent, and/or misleading;
4.2.9. Contains any malicious or harmful software, in the nature but not limited to viruses, and/or any other computer code designed to interrupt, destroy or limit the functionality of any computer resource, or that may interfere with, or infiltrate any device without the permission of the User;
5. ACCESS TO SERVICES:
5.1. Access to the Platform is free of charge, however, we reserve the sole and absolute right to modify the access to the Platforms and Services in such a manner as to make certain sections, and/or Services chargeable.
5.2. We shall not be obligated or liable to provide any specific Services or access to you, at present or at any point in time in the future, and in furtherance of the same, we shall have no obligation to provide any updates, modifications, and/or upgrades to the Platforms and/or Services.
5.3. You may avail the Services on the Platforms by either using the ‘Guest’ option or by creating an account on the Platforms.
5.3.1. Guest browsing: A guest account shall permit a User to access the Platforms, purchase the Products and use any Services, without creating an account. The User, in this case, can simply browse for Products, and purchase the same by entering the requisite details. A User purchasing Products using this option cannot view their Product purchase history on the Platform or avail certain other benefits that may be provided to a registered user.
5.3.2. User account:
5.3.2.1. A User may create an account on the Platform to avail the Services by providing the required details.
5.3.2.2. In addition to any other conditions under these Terms, a User shall operate their account in accordance with the following conditions:
a) Non-transferrable: A User shall not be permitted to transfer their account on the Platform to any third party.
b) Authority to use: A User shall solely access and use their account on the Platform, and shall not use any other User’s account. Similarly, a User shall not provide access to their account to any third party, nor try to access the account of a third party for any purpose whatsoever.
5.4. You hereby understand and agree that you are solely responsible for the confidentiality of your login credentials, account details, transactions, and other private content entered by you, and shall further be solely liable for any misuse thereof. In no event shall we be made liable for any Claim, or a part of any legal action arising out of the misuse of your information and/or account, and/or any unauthorized access to your account, and/or use of Services by any third party attributable to your lack of security and protective measures. You further agree to indemnify us for and against any Claim or legal proceeding against us arising out of the misuse of your account, either by you or an unauthorized third party.
5.5. Notwithstanding anything contained in these Terms and any Policy, we have undertaken all reasonable measures required under the Applicable Law to store and protect any data or information you provide, however you understand that no technological protection measure is 100% fool proof, robust, invulnerable and unsusceptible from all data breaches, hacks, and other forms of attempts to gain unauthorised access. Hence, in the event of a data breach or hack beyond our reasonable efforts towards data security, you shall not hold us liable for any Claim arising out of such data breach.
5.6. You hereby warrant that all details entered by you, either using the ‘Guest’ option, while creating a User account or thereafter, are accurate, correct, and not a misrepresentation of a third party. If any of your details should change at any future point in time, you shall update the same on the Platforms as and when such change occurs.
5.7. Should you breach any of these Terms and/or any Policies, we retain the absolute right to suspend or terminate your access to the Platforms and/or your User account and thereafter initiate appropriate legal measures to the fullest extent permissible under the applicable law.
5.8. If you suspect or discover unauthorised access to your account, you shall immediately contact the grievance officer via the details provided hereinbelow.
6. TERMS OF SERVICES:
6.1. Products:
6.1.1. The Platforms are an avenue for the Company to sell Products, and in furtherance of the same, the Company shall offer a catalogue of Products to the Users.
6.1.2. All Products shall be accompanied with such information as may be required by the User to assess such Product, and any other information as may be mandated under the Applicable Law.
6.1.3. We attempt to present the Products and Platform Content accurately, however to the extent permissible under Applicable Law, we do not warrant:
6.1.3.1. Any such information, including but not limited to Product descriptions, are accurate, complete, reliable and error-free.
6.1.3.2. The pictures of the Products are accurate in terms of shades of colours and dimensions. All Product pictures are merely indicative and may not match the actual Product.
6.1.3.3. Any information pertaining to the availability of the Products is correct and up to date.
6.1.4. We shall reserve the right to correct, change or update any Platform Content pertaining to the Products, without any prior notice to you.
6.2. Terms of sale of Products:
6.2.1. An order placed by you on the Platform for a Product shall be deemed as a legally binding contract between us and you for the sale of Products (hereinafter referred to as an ‘Order’).
6.2.2. The terms of your purchase, including but not limited to the price of the Products, and estimated date of delivery, shall form the terms of the legally binding contract executed towards your purchase of Product(s). Any error in the details you provide while placing an Order, including but not limited to your contact details and address of delivery, shall not make us liable for any Claim arising out of such error.
6.2.3. We shall reserve the right to cancel or revise the date of delivery of an Order at our sole discretion for the following reasons (including but not limited to):
6.2.3.1. A deficit in quantities ordered;
6.2.3.2. Errors in specifications (if any) of Orders placed;
6.2.3.3. For any other reason as shall be communicated to you.
6.2.4. If we cancel an Order, we shall refund all monies received (if any) to the account used to make the payment.
6.3. Payment for Orders:
6.3.1. All payment(s) on the Platforms are made using a third-party payment processor. You hereby understand that when you proceed to make a payment for an Order, you shall be redirected to a third-party payment processor’s website.
6.3.2. Once redirected to such website, the terms and policies of the third party processor shall apply and govern your payment for the Order(s), which you warrant to abide by.
6.3.3. We shall not be made liable for the failure of your payment arising out of:
6.3.3.1. Your lack of authorization to make the payment;
6.3.3.2. Issues attributable to the third-party payment processors, and/or;
6.3.3.3. Any payment issues arising out of the transaction or decline of transaction for any other reason.
6.3.4. We do not collect, store or retain any payment information that you enter into the third-party payment processor’s website.
6.3.5. To prevent fraudulent transactions, and for other similar reasons attributable to security and prevention of illegal activities, and/or if required under the Applicable Law, we shall reserve the right to:
6.3.5.1. Temporarily or permanently disable payment modes; and/or
6.3.5.2. Restrict and/or cancel transactions from a specific User account;
6.3.6. You hereby agree that the payment facilitation offered by us is neither a banking nor a financial service, but merely a facilitation of payment by redirecting you to the third-party payment processor. All payment-related services are solely offered by the third-party payment processors.
6.3.7. Cash on delivery:
6.3.7.1. You may also opt to pay for an Order via paying the amount on delivery of the Order (hereinafter referred to as ‘COD’).
6.3.7.2. You hereby understand and agree that you shall not be entitled to COD as a right, but a mere privilege, offered at our discretion, and thus, we reserve the sole right to offer or refuse COD as a payment option for certain Products and/or Orders.
6.4. Delivery:
6.4.1. All Orders shall be delivered to the address you provide while purchasing a Product, within or on the estimated date of delivery.
6.4.2. Notwithstanding anything contained in these Terms or any Policy, you hereby understand and agree that due to unforeseen circumstances, your Order may get delivered later than estimated. You hereby agree that we shall reserve the right to revise your date of delivery in such circumstances, which shall be communicated to you as and when such revision takes place.
6.4.3. Non-delivery claims:
6.4.3.1. If you do not receive your Order within or on the date of delivery (including any revised date of delivery as may be communicated to you), and/or we or our authorised service provider communicates a successful delivery of an Order you haven’t received, kindly reach out to us via the contact details provided hereinbelow.
6.4.3.2. You hereby understand that a claim of non-delivery shall be valid only if made within 15 days from the date of delivery as communicated to you, or receipt of the aforementioned communication claiming successful delivery.
6.4.3.3. Upon investigating your claim of non-delivery, if found genuine, we shall refund the amount (if paid) towards the relevant Order through the same mode of payment opted to pay for the same.
6.5. Return, replacement, and cancellation policy:
6.5.1. Subject to these Terms, you may be eligible to return, receive a replacement, or cancel an Order. Your privilege to exercise the aforementioned options shall be subject to the following terms:
6.5.2. Return and replacement:
6.5.2.1. You shall be eligible to return an Order, and receive a replacement, provided such a request is placed within 7(Seven) days of delivery of the same.
6.5.2.2. Communicating a request for return and replacement: A request for a return and replacement of a Product must contain the relevant information required to process the same, including but not limited to the following information;
a) Order number;
b) Reason for return and replacement; and
c) Proofs supporting the request.
6.5.2.3. Conditions for return and replacement of Orders: In addition to other terms hereunder, a request for the return and replacement of an Order shall be valid provided:
a) You have received an incorrect Product (including the case of receipt of the correct Product, but wrong specifications including but not limited to size, colour, material, etc.), in which case you return the Product to us in its entirety and in an unused condition, containing without limitation all bills, tags, accessories, original packaging, and/or any parts thereof. In the event of a partially incorrect Product (where one or more Products in the Order are incorrect), you shall return to us the incorrect Product/component of the Order in compliance with the conditions stipulated hereinabove.
b) You receive an incomplete and/or damaged/defective Product.
c) A request for return of an Order shall not apply to Products that are tampered with, or damaged upon arrival.
6.5.2.4. To substantiate your request for an incomplete or damaged Product, you shall send us proofs thereof, or additional proofs at our request, in the form of images or videos of the Product.
6.5.2.5. Notwithstanding anything contained in these Terms and any Policy, we shall reserve the absolute right to accept or deny any request for return and replacement, and such decision shall be final and binding on you.
6.5.2.6. Acceptance of requests for returns and replacement:
a) Based on the request and proofs submitted, if we are of the opinion that a request is genuine, you shall receive the correct Product (in case you receive an incorrect Product), or a replacement Product (in case you receive incomplete or damaged Products).
b) We shall be obliged to send you the correct or replacement Product only after we receive the incorrect, incomplete, or damaged Product (as the case may be) from your end.
c) All correct or replacement Orders (as the case may be) shall be delivered to the same address as provided by you while placing the corresponding original Order.
d) We shall bear the cost of picking up the incorrect, incomplete, or damaged Product (as the case may be) and delivering the correct or replacement Product (as the case may be).
6.5.2.7. Notwithstanding anything contained in these Terms and any Policy, all replacements are subject to the availability of stock, which information shall be communicated to you. In the event of an unavailability of stock, either temporary or permanent, you shall be offered a refund through the same mode of payment you opted to pay for the corresponding Order, or in case of COD, to the bank account the details which you provide. We shall not be responsible for any Claim brought or loss incurred by you or a third party, arising out of any incorrect bank details provided by you for the aforementioned purpose.
6.5.3. Cancellation:
6.5.3.1. You shall be entitled to a full refund against the cancellation of an Order, provided such cancellation is communicated within 24 (Twenty Four) hours of placing such Order. If you cancel an Order beyond such period of time, you shall not be entitled to any refund whatsoever.
6.5.3.2. Subject to these Terms, all refunds pursuant to the cancellation of an Order shall be made through the same mode of payment you opted to pay for the corresponding Order.
6.5.4. In order to exercise these privileges, kindly contact us via the details provided hereinbelow.
7. MATERIAL ON THE PLATFORMS:
7.1. Platform Content:
7.1.1. All Intellectual Property Rights in the Platform Content, including but not limited to any modifications, updates, and derivate works thereof shall solely and absolutely vest with us. You agree that you shall have no right or claim, not exercise or attempt to exercise any right or claim over any Platform Content.
7.1.2. You hereby agree not to duplicate, reproduce, republish, translate, transmit, and/or distribute in any way the Platform Content for any purpose whatsoever on any third-party software, website, and/or other similar forms of medium without our express prior written consent.
7.2. User Content:
7.2.1. You shall be solely responsible and liable for all User Content you publish on the Platforms and further agree to indemnify us from and against any Claim arising out of the same. No User Content shall reflect our views and opinions on any subject matter.
7.2.2. All User Content communicated on the Platforms shall remain your sole and absolute property, however:
7.2.2.1. You agree to grant us a non-exclusive, non-revocable, perpetual, royalty-free, sub-licensable, transferable, and worldwide right to store, modify, communicate, publish, and make derivative works thereof.
7.2.2.2. If we are of the opinion that your User Content violates any Applicable Law, these Terms, and/or any Policy, we shall reserve the absolute right, but not the obligation to restrict or remove (temporarily or permanently) any such User Content published on the Platforms. Our decision in this regard shall be final and binding upon you.
8. INDEMNITY AND LIMITATION OF LIABILITY:
8.1. In addition to your obligation to indemnify us as provided under these Terms and/or any Policy, you hereby agree to indemnify us, and our Related Parties to the fullest permissible extent under the Applicable Law, for and against any Claims from any authority under the Applicable Law, and/or a third party arising out of your:
8.1.1. Access to the Platforms, and/or use of Services;
8.1.2. Purchasing of Products;
8.1.3. Breach of these Terms and/or any policies;
8.1.4. Breach of any Applicable Law;
8.2. The obligation of indemnification as established hereinabove shall extend and apply to Invalid Users, and/or their legal guardians (as the case may be) who access the Platforms and/or use our Services.
8.3. In no event shall we, nor any of our Related Parties be liable to you or the legal guardian of an Invalid User for any:
8.3.1. Unlawful access to the Platforms and/or use of Services;
8.3.2. For any Claim arising out of or in any way connected with any User Content, use of the Platforms, and/or Services;
8.3.3. An Invalid User’s access and use of the Platforms and/or Services, as the case may be, regardless of whether such liability is under contract, tort, or otherwise.
8.4. We, including our Related Parties, shall not be liable for any indirect, consequential, or special liability arising out of or in any way related to any User Content, use of the Platforms, and/or Services.
8.5. In the event you violate any Applicable Law, we shall not be responsible for legally and/or financially aiding you, and you shall personally be liable for all the loss or damages caused.
8.6. If we are made liable under these Terms, such liability shall not exceed the actual loss you or a third party incurs, subject to adequate evidence provided in furtherance of the same.
8.7. We shall, under no circumstance be made liable to indemnify you or any third party for any anticipated or actual loss of revenue, profits, gains, loss of business opportunities, or any consequential, incidental, indirect, special, punitive, or exemplary losses or damages that arise from these Terms, even if such loss or damage was foreseeable by us.
9. CONFIDENTIAL INFORMATION:
9.1. You hereby agree that at all times during the course of your engagement with us, the Platforms and/or Services, and thereafter in perpetuity:
9.1.1. to hold the Confidential Information in the strictest confidence and not to use or attempt to use the same, except for our benefit, to the extent authorized by us;
9.1.2. not to disclose or divulge the Confidential Information to any person or entity without our written authorization;
9.2. However, you shall not be liable for any breach of Confidential Information if:
9.2.1. Such information already existed in the public domain prior to your engagement with us, the Platforms, and/or Services;
9.2.2. You can prove that such information was known to it prior to the aforementioned engagement.
9.2.3. The Confidential Information was made available in the public domain due to no fault attributable to you.
9.2.4. Such Confidential Information was disclosed in compliance with any judgment or order of a competent court or in accordance with any law for the time being in force or due to an order by any governmental authority. In such event, you shall inform us of such mandated disclosure as soon as practicable for us to undertake all legal measures to minimize such disclosure. You shall continue to be bound by the confidentiality obligations under these Terms for the remaining portion of Confidential Information not disclosed under this sub-clause, and any information so disclosed under any legal order shall not lose its status as Confidential Information.
10. DISCLAIMER:
10.1. Notwithstanding anything contained in these Terms and to the extent permissible under the Applicable Law, we make no express warranties regarding the Platforms, Platform Content, User Content, and/or Services offered thereon, and in furtherance, the same is:
10.1.1. Provided on an “as is” and “as available” basis without a warranty of any kind.
10.1.2. Not error-free and/or available at all times, nor do we warrant the compatibility or operation of the Platforms with your Device.
10.2. All other warranties, express or implied, are hereby disclaimed.
11. REPRESENTATIONS & WARRANTIES:
11.1. You hereby represent and warrant that:
11.1.1. You are permitted to access the Platforms and/or use the Services under the eligibility criteria set forth herein, and as per the laws of the jurisdiction applicable to you.
11.1.2. You are competent to undertake the obligations placed on them by these Terms and, in good faith, fully comply with these Terms and all Policies.
11.1.3. You acknowledge and accept that the right to host and operate the Platforms and provide Services thereon exclusively belongs to us and that you shall not undertake any action claiming ownership over the Platforms, Services, and/or any Intellectual Property Right therein.
11.1.4. You acknowledge that you are not entitled to assign or transfer any right or duty accruing from the acceptance of these Terms and/or any Policy.
11.1.5. All information provided by you, including but not limited to your registration credentials for a User account (if created), is true and correct, and no misinterpretations or misleading statements have been made.
11.1.6. You shall not authorize any third party to use your account, nor use the account of a third party.
11.1.7. You shall abide by the duties set forth under these Terms and/or any Policy.
11.1.8. You have the necessary authorizations and agreements with your bank to pay/receive monies in furtherance of the Orders you place on the Platforms.
11.2. Additional representation and warranties for Users: The Users hereby represent and warrant as follows:
11.2.1. Your access to the Platforms, and/or use of Services is for your own personal use, and not for any commercial purpose, profit, and/or gain.
11.2.2. You have accessed the Platforms, and/or availed Services after exercising your best and prudent judgement and thus assume all risks associated thereof.
12. COMMUNICATIONS FROM US:
12.1. We may, from time to time, communicate information that pertains to an Order you place, or as may be required under the Applicable Law, or certain communications including but not limited to, Platform Content, service announcements, administrative changes, updates, and other such communications vide the Platforms or any other mode opted by you.
12.2. By the acceptance of these Terms, you hereby agree to receive such communications from us.
13. LANGUAGE:
13.1. These Terms and/or any Policy maybe issued in languages other than English. The option to view these Terms and/or any Policy shall be provided on the Platform you view the respective document on.
13.2. In the event of any differences between the English versions of these Terms and/or any Policies, and versions in any other language made available by us, the English version shall prevail over all other such versions.
14. TERMINATION:
14.1. We shall reserve the sole and absolute right to suspend, restrict, terminate, or control your access to the Platforms and/or use the Services (temporarily or permanently) effective immediately and without prior notice, should we be made aware of your breach of these Terms, any Policy and/or any Applicable Law. Our decision in this regard shall be final and binding on you.
14.2. The provisions of these Terms and/or any Policy, which by their nature and content, are intended to survive the completion, rescission, termination, or expiration of thereof in order to achieve their fundamental purposes, shall do so and continue to bind the Parties.
15. RELATIONSHIP BETWEEN THE PARTIES:
15.1. Nothing contained in these Terms and/or any Policy shall be construed to imply a relationship between the Parties in the nature of a joint venture, partnership, agency, co-ownership, or any other form of business affiliation of similar nature.
15.2. The User herein is a mere customer accessing the Platforms and/or using the Services to purchase Products from us.
16. WAIVER OF RIGHTS:
16.1. Nothing in these Terms and/or any Policy shall be construed to imply a waiver of rights of the Parties, in the event of non-exercise of the same by them. Such waiver of rights shall only be effective and valid provided the same is expressed in writing by such Party.
17. ENTIRE AGREEMENT:
17.1. These Terms and/or any Policy constitute the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior written agreements, understandings, and negotiations, both written and oral, between the Parties with respect to the subject matter of these Terms.
17.2. The Parties herein accept that no representation, inducement, promise, understanding, condition, or warranty not set forth herein has been made or relied upon by any Party hereto. These Terms and/or any Policies and amendments thereto shall be construed as a single document and read together.
18. SEVERABILITY:
18.1. Any provision that is declared null and void or unenforceable shall be ineffective only to that extent and the remaining provisions shall be binding on the Parties.
18.2. The Parties shall endeavour in good faith to replace the void clause with a resembling clause having similar economic and legal effect, obligations, rights, and consequences upon the Parties.
19. GOVERNING LAW & JURISDICTION:
19.1. These Terms shall be governed by, construed, and enforced in accordance with the laws of India, excluding principles of conflict of laws.
19.2. The Parties shall submit any and all legal actions arising from these Terms exclusively to the jurisdiction of the courts in Mumbai, India.
20. DISPUTE RESOLUTION:
20.1. In the event of a dispute, the Parties hereby agree to first attempt to resolve the same rnby undertaking negotiations with each other. If such negotiations fail to achieve a mutually acceptable conclusion within 30 (Thirty) days of commencement thereof, the Parties shall be entitled to avail other legal recourse, subject to these Terms and any Policy.
21. ASSIGNMENT:
21.1. Your rights and duties under these Terms and/or any Policies are not assignable or transferable, in whole or part, without our prior written. Any attempt to transfer the same without our prior written consent shall be void and of no force and effect.
21.2. Notwithstanding anything contained in these Terms and/or any policies, we shall be entitled to assign the rights and obligations under these Terms and/or Policies to an affiliate or another entity in connection with a corporate transaction or otherwise, without any prior authorization or intimation to you.
22. AMENDMENT:
22.1. We reserve the sole and absolute right to modify these Terms and/or any Policies, that shall be effective upon posting of an updated version thereof on the Platforms.
22.2. You shall be solely responsible for regularly reviewing these Terms and/or any Policies, and you agree that your continued access to the Platforms and/or use of Services after any such changes shall constitute your consent to such changes.
23. REMEDIES:
23.1. We shall reserve the right to investigate and prosecute a breach of any of the provisions, terms, or clauses of these Terms and/or Policies to the fullest extent of the applicable law.
23.2. Notwithstanding anything contained in these Terms and/or Policies, we shall be entitled to seek all and any legal remedies available for the nature of the dispute, including but not limited to civil, criminal, administrative, and equitable remedies, as well as remedies in the nature of suspending, restricting, controlling or terminating your account (as the case may be), or your access to the Platforms and/or use of Services.
24. FORCE MAJEURE:
24.1. In the event the access to the Platforms and/or use of Services is prevented, restricted, delayed, or interfered with due to a force majeure event, we shall be excused from such performance to the extent of and during the period of such force majeure event.
24.2. For the purpose of these Terms and/or any Policy, force majeure event shall mean to include but not be limited to any event or circumstance beyond our reasonable control, precaution, and foreseeability, including but not limited to acts of God, pandemic, quarantine restrictions, floods, lightning, severe weather, shortages of materials, labour disputes, strikes, utility or communication failures, earthquakes, war, revolution, acts of terrorism, cyber-attack, repair and maintenance of undersea cables, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority whatsoever, which are beyond our reasonable control,
25. NOTICE:
25.1. Any notice to be given by a Party shall be in writing and shall be deemed to be duly served if deliverable by hand, prepaid registered post, or courier at that Party’s address for this purpose.
26. CONTACT:
26.1. If you wish to register any complaint, grievance, feedback or other communication pertaining to the Platforms, Services, and/or Products kindly reach our Grievance Officer at :
Email: (infojaipurvilla@gmail.com)
Phone: (+91 98283 34376)
26.2. Any queries or concerns relating to the non-delivery of Order(s), return and replacement, and cancellation, shall be directed to our customer support team who can be reached at:
Email: (infojaipurvilla@gmail.com)
Phone: (+91 98283 34376)
