1.
INTRODUCTION
Welcome to JainJeevan
Services LLP’s mobile application “JainJeevan” (hereinafter, the “App”).
This document constitutes an electronic record within the meaning of the
applicable law and published in accordance with the provisions of the
Information Technology Act, 2000 and rules made thereunder. This electronic
record is generated by a computer system and does not require any physical or
digital signatures.
The App is owned
and controlled by JainJeevan Services LLP, LLPIN: AAO-4550 having its
registered office at C2-Wing Flat No-1, 383, Bhawani Peth, Padamjee Paradise
Society, Pune-411042, Maharashtra, India. (hereinafter, “JainJeevan”, “we”, “us”, or “owner of the App”).
These Terms of Use,
including the Privacy Policy of the App and various policies incorporated by
reference herein (together the “Terms”),
govern your (hereinafter, “you”, “your”, “User”, “visitor”,
“buyer” or “shopper”) download and use of this App and the underlying
Services provided by us through the App, whether such
access or use is as a guest or as a registered user. Your access to and use
of the Services, however accessed, constitutes your agreement to be bound by
these Terms, which establishes a contractual relationship between you and JainJeevan.
By downloading the App, these Terms will automatically
apply to you. If you have any questions regarding our Services, you can email
us at contact@jainjeevan.com.
2.
LICENSE & ACCESS
JainJeevan grants
you a limited license to access and make personal use of this App and not to
download (other than page caching) or modify it, or any portion of it, except
with our express written consent. This license does not include any resale or
commercial use of this App or its Content; any collection and use of any
product listings, descriptions, or prices; any derivative use of this App or
its Content; any downloading or copying of account information for the benefit
of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This App or any portion of this App may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without our express written consent. You may not
frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of the App
without our express written consent. Any unauthorized use of the App or
Services terminates the permission or license granted by JainJeevan.
a.
Services
of the App would be available to only select geographies in India.
b.
Persons
who are “incompetent to contract” within the meaning of the Indian
Contract Act, 1872 including un-discharged insolvents etc. are not eligible to
use the App. You hereby represent and warrant that you are at least eighteen
(18) years of age or above and are fully able and competent to understand and
agree the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms. If you are a minor i.e. under the age of
18 years but at least 13 years of age you may use the App only under the
supervision of a parent or legal guardian who agrees to be bound by these
Terms.
c.
Compliance
with Laws. You are in compliance with all laws and regulations in the country
in which you live when you access and use the Services. You agree to use the
Services only in compliance with these Terms and applicable law, and in a
manner that does not violate our legal rights or those of any third party(ies).
4.
ACCOUNT & REGISTRATION OBLIGATIONS
All shoppers have to register and login for placing
orders on the App. You have to keep your account and registration details
current and correct for communications related to your purchases from the App.
By agreeing to the Terms, the shopper agrees to receive promotional
communication and newsletters upon registration. You can opt out either by
unsubscribing in “My Account” or by contacting contact@jainjeevan.com.
5.
USE OF THE APP & SERVICES
You agree and confirm that:
a.
You
will use the Services provided by the App for lawful purposes only and comply
with all applicable laws and these Terms while using and transacting through
the App.
b.
You
are accessing the Services available on this App and transacting at your sole
risk and are using your best and prudent judgment before entering into any
transaction through this App.
You agree, undertake and confirm that your access to
and use of the App and Services shall be strictly governed by the following
binding principles:
You shall not
host, display, upload, modify, publish, transmit, update, share, post any comments,
reviews, information, material, or other content (together, to be read as ‘Comments’
and more particularly defined hereinafter), or use the App for any purpose which-
a.
is unlawful,
harassing (or advocates harassment of another), libelous, abusive, threatening,
harmful, disparaging, vulgar, obscene, blasphemous, pornographic, pedophilic,
invasive of another’s privacy, hateful, or racially, ethnically or otherwise
objectionable;
b.
belongs
to another person and to which you do not have any right to;
c.
is
misleading in any way;
d.
encourages
conduct that constitutes a criminal offence or results in civil liability,
promotes illegal activities or otherwise breaches any applicable law or code of
practice;
e.
involves
the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing
or “spamming”;
f.
infringes
upon or violates any third party’s rights including, but not limited to,
intellectual property rights, rights of privacy (including without limitation
unauthorized disclosure of a person’s name, email address, physical address or
phone number), confidentiality, or rights of publicity, or is otherwise
injurious to third parties, or is harmful to minors in any way;
g.
relates
to or promotes money laundering or gambling, or impersonates another person;
h.
threatens
the unity, integrity, security or sovereignty of India or friendly relations
with foreign States; or objectionable or otherwise unlawful in any manner
whatsoever;
i.
gains
unauthorized access or exceeds the scope of authorized access to any of the
Services or to other computer systems, or solicits passwords or personal identifying
data for commercial or unlawful purposes from other users;
j.
consists
of or contains software viruses or any other programs, or interferes with any
other person’s use or enjoyment of the App;
k.
interferes
or disrupts networks, websites or applications connected to the App; or
l.
results
in making, transmitting or storing electronic copies of materials protected by
copyright without the permission of the owner.
JainJeevan
reserves the right (but not the obligation) to remove, refuse, delete or edit
any Comments that in the sole judgment of JainJeevan violates these Terms and/
or terminate your permission to access or use this App.
6.
GENERAL TERMS & CONDITIONS
You agree and confirm that:
a.
JainJeevan
provides online ordering services by entering into contractual arrangements
with food vendors or restaurant partners or food stores (the “Food Vendor(s)”)
on a principal-to-principal basis for the purpose of listing their Products for
online ordering by the Users on the JainJeevan Platform.
b.
The
Users can access the Products listed on the JainJeevan Platform and place
online orders against the Food Vendor(s) through JainJeevan.
c.
Your
request to order Products from a Food Vendor on the Food Vendor page on the JainJeevan
Platform shall constitute an unconditional and irrevocable authorization issued
in favor of JainJeevan to place online orders for the Products against the Food
Vendor on your behalf.
d.
JainJeevan
is not a manufacturer, seller or distributor of Products and merely places an
order against the Food Vendor(s) on behalf of the Users pursuant to the
unconditional and irrevocable authority granted by the Users to JainJeevan, and
facilitates the sale and purchase of Products between Users and Food Vendor(s),
under the contract for sale and purchase of Products between the Users and Food
Vendor(s).
e.
JainJeevan
shall not be liable for any acts or omissions on part of the Food Vendor(s)
including deficiency in service, wrong delivery of order/ order mismatch, quality,
incorrect pricing, deficient quantity, time taken to prepare or deliver the
order, etc.
f.
For
the users, it is hereby clarified by JainJeevan that the liability of any
violation of the applicable rules and regulations made thereunder shall solely
rest with the Food Vendor(s), sellers/brand owners, importers or manufacturers
of the food products, Products or any Pre-Packed Goods accordingly. For the
purpose of clarity “Pre-Packed Goods” shall mean the food and beverages
items which is placed in a package of any nature, in such a manner that the
contents cannot be changed without tampering it and which is ready for sale to
the customer or as may be defined under the Food Safety and Standards Act, 2006
from time to time.
g.
Before
placing an order, you will check the Product description carefully. By placing
an order for a Product, you agree to be bound by the conditions of sale
included in the item’s description. JainJeevan shall not be liable in the event
the Product ordered by you does not meet your dietary or any other requirements
and/or restrictions.
h.
While
placing an order you shall be required to provide certain details, including
contact number and delivery address. You agree to take particular care when
providing these details and warrant that these details are accurate and
complete at the time of placing an Order. By providing these details, you
express your acceptance to JainJeevan’s Terms and https://www.jainjeevan.com/ and you consent to be contacted by us via
email and/or SMS and/or pop-up notifications, in case of any order or shipment
or delivery related updates.
i.
You or
any person instructed by you shall not resell the Product(s) purchased via the JainJeevan
Platform.
j.
Delivery
of an order placed by you through the JainJeevan Platform shall be undertaken
by the Food Vendor against whom you have placed an order, and facilitated by JainJeevan
through third-party who may be available to provide delivery services to you (“Delivery
Partner(s)”). In each such case, JainJeevan is merely acting as an
intermediary between you and the Delivery Partners, or you and the Food Vendor,
as the case may be.
k.
The
address at which delivery of the Product ordered by you is to be made will be
correct and proper in all respects. In the event that a non-delivery occurs on
account of a mistake by you (i.e. wrong name or address or any other wrong
information) any extra cost incurred by JainJeevan for redelivery shall be
claimed from and payable by you.
l.
The
acceptance by a Delivery Partner of undertaking delivery of your order shall
constitute a contract of service under the Consumer Protection Act, 2019 or any
successor legislations, between you and the Delivery Partner, to which JainJeevan
is not a party under any applicable law. It is clarified that JainJeevan does
not provide any delivery or logistics services and only enables the delivery of
Products ordered by the Users through the JainJeevan Platform by connecting the
Users with the Delivery Partners or the Food Vendors, as the case may be. The
respective Food Vendor and/or Delivery Partner shall be responsible for the
timely and proper delivery of the Product(s) to the User and JainJeevan
disclaims all liabilities and warranties of preparing and/or delivering the
Products to you.
m.
Where JainJeevan
is facilitating delivery of an order placed by you, JainJeevan shall not be
liable for any acts or omissions on part of the Food Vendor or Delivery Partner
including deficiency in service, wrong delivery of order, time taken to deliver
the order, order package tampering, etc.
n.
You
may be charged a delivery fee for delivery of your order by the Delivery
Partner or the Food Vendor, as the Delivery Partner or the Food Vendor may
determine (“Delivery Charges“). You agree that JainJeevan is
authorized to collect, on behalf of the Food Vendor or the Delivery Partner,
the Delivery Charges for the delivery service provided by the Food Vendor or
the Delivery Partner, as the case may be. The Delivery Charges may vary from
order to order, which may be determined on multiple factors which shall include
but not be limited to Food Vendor, order value, distance, demand during peak
hours. JainJeevan will inform you of the Delivery Charges that may apply to
you, provided you will be responsible for Delivery Charges incurred for your
order regardless of your awareness of such Delivery Charges.
o.
Delivery
periods quoted at the time of ordering is approximate only and may vary.
p.
It is
hereby clarified the respective Food Vendor would update the status of the
order and shall be solely responsible for the delivery of the Product(s).
q.
You,
as a buyer, shall notify us using the appropriate App features (or writing to contact@jainjeevan.com)
immediately upon non-delivery of any Product within the scheduled time period.
Non-notification by you of non-delivery within three (3) days from the
scheduled delivery date shall be construed as a deemed delivery in respect of
that transaction.
7.
JURISDICTIONAL ISSUES/ SALE IN INDIA ONLY
Unless otherwise
specified, the Products on the App are presented solely for the purpose of
sale/ ordering in India. JainJeevan makes no representation that the Products
made available through the App are appropriate or available for use in
jurisdictions other than India. Those who choose to access this App from
locations other than in India, do so on their own initiative and JainJeevan is
not responsible for the supply of the Product, or refund for the Products, or
replacement of the Products ordered from other locations/ countries other than
India, or compliance with local laws, if and to the extent local laws are
applicable.
8.
PRICING
All the products
listed on the App (each a “Product”
and collectively “Products”) will be
sold at listed price unless otherwise specified. The prices mentioned at the
time of ordering will be the prices charged on the date of the delivery. Although
prices of most of the Products do not fluctuate on a daily basis but prices of some
of the commodities and fresh food products do change on a daily basis. In case
the prices are higher or lower on the date of delivery no additional charges
will be collected or refunded, as the case may be at the time of the delivery
of the order. The total price for Product(s) ordered, including the Delivery
Charges and other charges, will be displayed on the JainJeevan Platform when
you place your order. Users shall make full payment towards such Products
ordered via the JainJeevan Platform. Any amount that may be charged to you by
JainJeevan over and above the order value, shall be inclusive of applicable
taxes.
9.
PAYMENTS
a.
You,
as a buyer of any Product(s), understand that upon initiating a transaction you
are entering into a legally binding and enforceable contract with us to purchase
the Product(s) using the PayUMoney Payment Facility, and you shall pay the
transaction price to us using the Payment Facility. JainJeevan shall collect,
process, facilitate and remit payments and/or the transaction price
electronically to and from you in respect of transactions through the relevant
payment system (“Payment Facility”).
b.
JainJeevan
reserves the right to impose limits on the number of transactions or the
transaction price which JainJeevan may receive from an individual’s valid
credit/debit/bank account/ any other financial instrument directly or
indirectly through payment aggregator or through any such facility authorized
by the RBI to provide enabling support facility for collection and remittance
of payment or by an individual buyer during any time period, and reserves the
right to refuse to process transactions exceeding such limit.
c.
JainJeevan
reserves the right to refuse to process transactions by buyers with a prior
history of questionable charges, including without limitation breach of any
agreement(s) by User with JainJeevan or breach/ violation of any law or any
charges imposed by the respective issuing bank or breach of these Terms.
d.
JainJeevan
may do such checks as it deems fit before approving the receipt of buyer’s
commitment to pay the transaction price from the buyer for security or other
reasons at the discretion of JainJeevan. As a result of such check, if JainJeevan
is not satisfied with the credibility of the buyer or the genuineness of the
transaction, it will have the right to reject the receipt of buyer’s commitment
to pay the transaction price.
e.
JainJeevan
may delay notifying the payment confirmation, if JainJeevan is not satisfied
with the creditability of the buyer or the genuineness of the transaction or
for buyers conducting high transaction volumes in order to ensure safety and
security in relation to the transaction. In addition, JainJeevan may hold the
transaction price and not initiate dispatch of the Product or may remit the
transaction price to law enforcement officials (instead of refunding the same
to the buyer) at the request of law enforcement officials in the event the buyer
is engaged in any form of illegal activity.
f.
The buyer
acknowledges that JainJeevan will not be liable for any damages, interests or
claims, etc. resulting from not processing a transaction or any delay in
processing a transaction which is beyond control of JainJeevan.
10.
CANCELLATION BY JAINJEEVAN/ CUSTOMER
a.
Cancellation
of order by you- You shall
not be entitled to cancel your order once you have received confirmation of the
same.
b.
Other
Cancellations- In case of
cancellations for the reasons attributable to JainJeevan or its Food Vendors or
Delivery Partners, JainJeevan shall not charge you any Cancellation Fee.
c.
In the
unlikely event of an item on your order being unavailable, Food vendor will
contact you on the phone number provided at the time of placing the order and
inform you of such unavailability. In such an event you will be entitled to
cancel the entire order and we will refund any payments already made by you for
the order.
d.
We
reserve the sole right to cancel your order in the following circumstance:
i.
in the
event of the address designated by you falls outside the delivery zone offered
by us;
ii.
failure
to contact you by phone or email at the time of confirming the order booking;
iv.
unavailability
of all or any of the items ordered by you at the time of booking the order; or
v.
physical
absence of the intended receiver at the doorstep;
vi.
we
suspect any fraudulent transaction by any customer or any transaction which
defies the Terms of using the App;
vii.
you
fall or are found to fall in our negative list of customers/ transactions- with
a prior history of questionable charges, including without limitation breach of
any agreement(s) with JainJeevan or breach/ violation of any law or any charges
imposed by the respective issuing bank or breach of these Terms.
e.
JainJeevan
shall have right to charge you Cancellation Fee for the orders cancelled by
JainJeevan for the reasons specified under clause 11 sub-clauses- (d.i), (d.iii), (d.v) hereinabove.
a.
Any
complaint, with respect to the order which shall include instances but not be
limited to food spillage, foreign object in food, delivery of the wrong order
or Products, poor quality, or insufficient quantity (as was mentioned on the
Website), you will be required to share the proof of the same before any
resolution can be provided by
calling our customer service (details herein below in clause 26).
b.
If you
qualify for reasons mentioned in clause 12 (a), no
compensation will be given other than the refund of the transaction price of
the Product as per these Terms. You cannot request compensation from JainJeevan
for any reason, including but not limited to: any variation in the appearance
of the final Product; any delay in delivery caused by unforeseen circumstances;
any special, incidental, indirect or consequential damage of any kind caused by
a Product, missed opportunities to avail certain discounts; any issue with our
delivery personnel, any voucher which got deactivated due to the end of expiry
date; unavailability of items which you tried to purchase, etc.
c.
In the
event you have provided incorrect particulars, e.g., contact number, delivery
address etc., or that you were unresponsive, not reachable or unavailable for
fulfillment of the services offered to you, you will not be eligible for any
refunds.
d.
You,
as a buyer, shall be entitled to claim a refund of the transaction price (as
your sole and exclusive remedy) in case you do not receive the delivery within
the time period agreed in the transaction or within the time period as provided
in the Terms, whichever is earlier. In case you do not raise a refund claim
using the App features (or by writing us at contact@jainjeevan.com) within the stipulated time of three (3)
days, then this would make you ineligible for a refund.
e.
Refund
(if any) shall be made at the same issuing bank from where transaction price
was received and such refund shall be made through the Payment Facility using
NEFT/ RTGS or any other online banking/ electronic funds transfer system
approved by the Reserve Bank India (RBI).
f.
Refund
shall be made in Indian Rupees only and shall be equivalent to the transaction
price after deducting the delivery charges.
g.
Refund
shall be subject to buyer complying with the Terms, and subject to any recourse
available to JainJeevan in case of any misuse by the buyer.
h.
Unreasonable
and unlawful requests for compensation, over and above the entitled refund,
will be treated as loss to business cases. JainJeevan holds the rights to
cancel orders and block accounts of such buyers without any prior notice.
12.
INTELLECTUAL PROPERTY RIGHTS
Copyright,
authors’ rights and database rights. Unless otherwise communicated, all content included
on the App- including but not limited to text, graphics, illustrations, logos,
button icons, images, audio/ video clips, product descriptions, downloads, data
compilations, and software, (hereinafter, “Content”)
is owned, controlled or licensed by us, JainJeevan Entities or by third parties
who have licensed their materials to us and is protected by Indian and
international copyright laws, authors’ rights and database right laws. The
compilation (meaning the collection, arrangement, and assembly) of all Content
on this App is our exclusive property and is protected by Indian and
international copyright laws and database right laws. All software used on this
App is our property or our software suppliers and is protected by Indian and
international copyright and authors’ rights laws.
All Content is
intended solely for personal and non-commercial use. You may download or copy the
Content on the App for your personal, non-commercial use only. No right, title or interest in any Content is
transferred to you as a result of any such downloading or copying. You may not
systematically download extract/ or re-utilize parts of the Content of the App
(except as noted above) without our express written consent. In particular, you
may not utilize any data mining, robots, or similar data gathering and
extraction tools to extract (whether once or many times) for re-utilization of
any substantial parts of this App, without our express written consent. You may
also not create and/ or publish your own database that features substantial (e.g.:
prices and product listings) parts of this App without our express written
consent. Indeed, we are under no obligation to provide our consent unless we
deem fit.
Trademarks. Graphics, names, logos, page headers,
button icons, scripts and product and service names, design marks, slogans on
the App are our trademarks or service marks, or those of our affiliates,
partners or suppliers. No trademark or service mark license is granted in
connection with the materials contained on this App. Access to this App does
not authorize anyone to use JainJeevan’s trademarks (whether affixed on the
packaging material in which the Product is delivered or otherwise), and trade
dress in connection with any product or service that is not JainJeevan’s, or in
any manner that is likely to cause confusion among customers, or in any manner
that disparages or discredits JainJeevan. All other trademarks not owned by us
that appear on this App are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by JainJeevan.
13.
RIGHTS IN YOUR COMMENTS
a.
Unless
we indicate otherwise, any content, material, reviews, comments, feedback,
postcards, suggestions, ideas, or other submissions, (“Comments”) that you post on the App or otherwise submit to JainJeevan
shall be and remain our property. Such disclosure, submission or offer of any
Comments shall constitute an assignment to us of all worldwide rights, titles
and interests in all copyrights and other intellectual properties of the
Comments. Thus, we own exclusively all such rights, titles and interests and
shall not be limited in any way in its use, commercial or otherwise, of any
Comments. We will be entitled to use, reproduce, disclose, modify, adapt,
create derivative works from, publish, display and distribute any Comments you
submit for any purpose whatsoever, without restriction and without compensating
you in any way. We are and shall be under no obligation (1) to maintain any
Comments in confidence; (2) to pay you any compensation for any Comments; (3)
to be held responsible and we assume no liability for any Comments submitted by
you or any third party; or (4) to respond to any Comments.
b.
You
agree to waive your right to be identified as the author of such Comments and
your right to object to derogatory treatment of such Comments. You agree to
perform all further acts necessary to perfect any of the above rights granted
by you to JainJeevan, including the execution of deeds and documents, at our
request.
c.
You
represent and warrant that you own or otherwise control all of the rights to
the Comments that you post or that you otherwise provide on or through the App;
that, as at the date the Comments are submitted to us: (i) the Comments are
accurate; (ii) use of the Comments you provide do not breach these Terms, any
applicable JainJeevan policies or guidelines and will not cause injury to any
person or entity (including that the Comments are not defamatory); (iii) the Comments
are lawful. You agree to indemnify JainJeevan Entities for and against all
claims brought by a third party against any JainJeevan Entity arising out of or
in connection with a breach of any of these representations or warranties.
14.
CLAIMS AGAINST OBJECTIONABLE COMMENTS
Because JainJeevan
lists a number of products for sale on the App and hosts many thousands of
comments, it is not possible for us to be aware of the contents of each product
listed for sale, or each Comment that is displayed. Accordingly, JainJeevan
operates on a “notice-and-takedown” basis. If you believe that any Content
or Comments on the App is illegal, offensive or violates clause 3 of these Terms (“Objectionable Comments/ Content“), please notify us
immediately by writing us at contact@jainjeevan.com. Upon receipt of your notice, we will make
all reasonable endeavors to remove such Objectionable Comments/ Content
complained about within a reasonable time.
15.
INDEMNIFICATION
You agree to
defend, indemnify and hold us harmless and our employees, affiliates, related
entities, directors, officers, agents, representatives, partners, licensors, successors
and assigns (each an “Indemnified Party”)
from and against any and all claims, actions, liabilities, damages (actual
and/or consequential), losses, actions, proceedings, costs and expenses,
including attorney’s fees, caused or arising out of claims based upon your
actions or inactions, which may result in any loss or liability to any
Indemnified Party or any third party arising as a result of, or in connection
with:
(i) Your Content,
(ii) your unauthorized use of the Services, or products or services included or
advertised in the Services; (iii) your access to and use of the Services; (iv)
your violation of any rights of another party including any infringement of
Intellectual Property Rights by you; (v) your breach of any warranties,
representations or undertakings or in relation to the non-fulfilment of any of
your obligations under these Terms, our Privacy Policy or (vi) your violation
of any applicable laws or regulations, (vii) payment of statutory dues and
taxes, (viii) claim of defamation, your violation of rights of privacy or
publicity of any third party, (ix) loss of service by other subscribers
attributable to you.
We retain the
exclusive right to settle, compromise and pay, without your prior consent, any
and all claims or causes of action which are brought against us. We reserve the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us and you agree to cooperate
with our defense of these claims. You agree not to settle any matter in which
we are named as a defendant and/or for which you have indemnity obligations
without our prior written consent. We will use reasonable efforts to notify you
of any such claim, action or proceeding upon becoming aware of it. This clause
shall survive the expiry or termination of this User Agreement.
Please read this
section carefully as it limits our liability and that of our affiliates,
related entities, officers, partners, employees, agents, representatives,
partners, and licensors (collectively, the “JainJeevan Entities”). Each of the subsections below only applies
up to the maximum extent permitted under applicable law. Nothing in this
section is intended to limit any rights you may have which may not be lawfully
limited.
TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE JAINJEEVAN ENTITIES
BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING APP
OR MOBILE APP, (III) ANY UNAUTHORIZED ACCESS TO, USE, ALTERATION OF OUR SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR YOUR
TRANSMISSIONS OR COMMENTS/ CONTENT, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR SERVERS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, (VII) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES, (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO
THESE TERMS OR OUR PRIVACY POLICY, (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR
ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (X) LOSS OR DAMAGE WHICH MAY BE
INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF
RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY
ADVERTISING, (XI) DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND JAINJEEVAN’S
REASONABLE CONTROL, (XII) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR
USE THE SERVICES; (XIII) ANY CONDUCT OR COMMENT OF ANY THIRD PARTY ON THE APP
OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE JAINJEEVAN ENTITIES
BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES (WHETHER INCURRED DIRECTLY
OR INDIRECTLY), WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA,
USE, GOOD-WILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER
INTANGIBLE LOSS.
IN NO EVENT SHALL
THE AGGREGATE LIABILITY OF THE JAINJEEVAN ENTITIES EXCEED THE AMOUNT YOU PAID TO
JAINJEEVAN, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE
CLAIM.
The limitations of
this clause 17 shall apply to any theory of liability,
whether based on warranty, contract, statute, tort (including negligence) or
otherwise, and whether or not the JainJeevan Entities have been informed of the
possibility of any such damage, and even if a remedy set forth herein is found
to have failed of its essential purpose.
17.
DISCLAIMER
a.
Exactness
not guaranteed: We do not
warrant that any Product description or other Contents made available through
the App is accurate, complete, reliable, current, or error-free and assume no
liability in this regard. We hereby disclaim any guarantee of exactness as to
the appearance of the final Product as ordered by the User through the App.
b.
Colors:
We have made every effort to display the colors of our Products that appear on
the App as accurately as possible. However, as the actual colors you see will
depend on your monitor, we cannot guarantee that your monitor’s display of any
color will be accurate.
c.
It is your
responsibility to log-in earlier if you want to avail our Products because
placement of orders is “first come, first served”. No information regarding the
presence of any Product or Sample in our stock will be guaranteed and we will
alert you only when an item is sold out.
d.
We, as
a merchant, shall be under no liability whatsoever in respect of any loss or
damage arising directly or indirectly out of the decline of authorization for
any transaction, or on account of the cardholder having exceeded the preset
limit mutually agreed by us with our acquiring bank from time to time.
e.
Nothing
on the App constitutes, or is meant to constitute, advice of any kind. The
Users of the App are expected to be duly aware of any change(s) in the Terms,
otherwise you understand and agree that JainJeevan Entities shall not be held
liable in any manner whatsoever. No Content
or information, whether oral or written, obtained from the JainJeevan Entities
or through the Services, will create any warranty or representation not
expressly made herein.
f.
Your
access to and use of the Services or any Content are at your own risk. You
understand and agree that the Services are provided to you on an “AS IS” and
“AS AVAILABLE” basis without any representation or warranties, express or
implied except otherwise specified in writing. Without limiting the foregoing,
to the maximum extent permitted under applicable law, JAINJEEVAN ENTITIES
DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
g.
WITHOUT
PREJUDICE TO THE FOREGOING, THE JAINJEEVAN ENTITIES MAKE NO WARRANTY OR
REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE
ACTIONS OF ANY THIRD PARTY, (VI) ANY HARM TO YOUR COMPUTER SYSTEM OR OTHER
DEVICE, ANY LOSS OF YOUR DATA OR CONTENT OR OTHER HARM THAT RESULTS FROM YOUR
ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, (VII) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES (VIII) THE COMPLETENESS, ACCURACY, AVAILABILITY,
TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT; (IX) THE
DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER
COMMUNICATIONS MAINTAINED BY THE SERVICES; AND/OR (X) WHETHER THE SERVICES WILL
MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR
ERROR-FREE BASIS.
h.
References
on this App to any names, marks, products or services of third parties or
hypertext links to third party sites or information are provided solely as a
convenience to you and do not in any way constitute or imply JainJeevan’s
endorsement, sponsorship or recommendation of the third party, information,
product or service. We are not responsible for the content of any third-party
sites and do not make any representations regarding the content or accuracy of
material on such sites. If you decide to link to any such third-party Apps, you
do so entirely at your own risk.
18.
TERMINATION
These Terms of Use
are effective unless and until terminated by either you or JainJeevan.
You can delete
your account at any time by contacting us via the “Contact Us” link
at the bottom of every page or by writing us at: contact@jainjeevan.com and ceasing further use of the Services.
We may terminate
these Terms of Use as against you, at any time and accordingly deny you access
to the App and/or Services in our sole discretion for any reason or no reason,
including your: (i) violation of these Terms; or (ii) lack of use of the
Services. You agree that any termination of your access to the Services may be
affected without prior notice, and acknowledge and agree that we may
immediately deactivate or delete your account and all related information
and/or bar any further access to your account or the Services. Such termination
will be without any liability to JainJeevan. Upon any termination of these
Terms of Use by either you or JainJeevan, you must promptly destroy all
materials downloaded or otherwise obtained from this App, as well as all copies
of such materials, whether made under these Terms or otherwise. JainJeevan’s
right to any Comments shall survive any termination of these Terms. Any such
termination of these Terms shall not cancel your obligation to pay for the Product
already ordered from the App or affect any liability that may have arisen under
these Terms.
19.
MODIFICATION OF TERMS
We reserve the
right to modify the App, policies, and these Terms at any time in keeping with
legal or process requirements, without any prior notification to you. You can
access the latest version of these Terms at any given time on the App. You
should regularly review the Terms on the App. In the event the modified Terms
is not acceptable to you, you should discontinue using our Services. However,
if you continue to use the Services you shall be deemed to have agreed to
accept and abide by the modified Terms of this App.
20.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be
held responsible for any delay or failure to comply with our obligations under
these Terms if the delay or failure arises from any cause which is beyond our
reasonable control. This condition does not affect your statutory rights.
21.
SEVERABILITY
If any provision
of the Terms is determined to be invalid, void or unenforceable in whole or in
part, such provision or part thereof shall be deemed severable and will not
affect the validity and enforceability of any remaining provisions. The
remaining part of such provision and all other provisions of these Terms shall
continue to be in full force and effect.
22.
LEGAL REMEDIES
We reserve the
right to seek all remedies available at law and in equity against you for any
illegal, incorrect or unauthorized use our App or the Content thereof, or for
violations of these Terms by you.
23.
WAIVER
In case you
violate these Terms, any delay or inaction on our part in taking action for any
violation of these Terms shall not be construed as our consent to your
non-compliance or a waiver of our rights and remedies available at and in equity.
24.
GOVERNING LAW & JURISDICTION
These Terms shall
be construed in accordance with the applicable laws of India, without giving
effect to any principles of conflicts of laws. The Courts at Pune shall have
exclusive jurisdiction in any proceedings arising out of these Terms.
YOU MUST COMMENCE
ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM
INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL
FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE,
NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN
THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE
TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR
PROVISION.
If you have any
complaints regarding our compliance with these Terms or our Services and/or
Products, please contact us first. We will investigate and attempt to resolve
complaints and disputes in accordance with these Terms of Use and in accordance
with applicable law.
If you have an
unresolved concern, dispute or difference either in interpretation or otherwise
of any provision of these Terms, that you believe we have not addressed
satisfactorily- the same shall be referred to an independent arbitrator, when
other dispute resolution procedures have been exhausted. Such arbitrator will
be appointed by us and his decision shall be final and binding on the parties
hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation
Act, 1996 as amended from time to time or any successor legislations. The venue
of such arbitration shall be Pune.
Any questions, feedback, or complaints regarding the App,
Products, Services, or these Terms (along with a thorough description) for us
to try to resolve the issue for you, should be directed via email to: contact@jainjeevan.com, or contacted by phone to: 7350757350, or by postal mail to: Payal
Solanki ,Paash & Associates ,24, Shukrawar Peth, Pune- 411002
(+91-8793104945)
For any kind of tie-ups or getting associated with us, please contact
us at sales@jainjeevan.com.