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TERMS AND CONDITIONS

  1. INTRODUCTION

Welcome to JainJeevan Services LLP’s website “www.jainjeevan.com”. 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 Website 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 Website”).

These Terms of Use, including the Privacy Policy of the Website and various policies incorporated by reference herein (together the “Terms”), govern your (hereinafter, “you”, “your”, “User”, “visitor”, “buyer” or “shopper”) access to and use of this Website and the underlying Services provided by us through the Website, 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 accessing the Website, these Terms will automatically apply to you. If you have any questions regarding our Services, you can email us at [email protected].

  1. LICENSE & WEBSITE ACCESS

JainJeevan grants you a limited license to access and make personal use of this Website 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 Website or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website 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 Website or any portion of this Website 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 Website without our express written consent. Any unauthorized use of the Website or Services terminates the permission or license granted by JainJeevan.

  1. ELIGIBILITY

 

  1. Services of the Website would be available to only select geographies in India.
  2. 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 Website. 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 Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
  3. 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).

 

  1. ACCOUNT & REGISTRATION OBLIGATIONS

While you may place order(s) on the Website without registering or logging in, it is suggested that you create an account for unlocking certain features available exclusively for registered users. You have to keep your account and registration details current and correct for communications related to your purchases from the Website. 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 [email protected].

  1. USE OF THE WEBSITE & SERVICES

You agree and confirm that:

  1. You will use the Services provided by the Website for lawful purposes only and comply with all applicable laws and these Terms while using and transacting on the Website.
  2. You are accessing the Services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.

You agree, undertake and confirm that your access to and use of the Website 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 Website for any purpose which-

  1. 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;
  2. belongs to another person and to which you do not have any right to;
  3. is misleading in any way;
  4. 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;
  5. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  6. 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;
  7. relates to or promotes money laundering or gambling, or impersonates another person;
  8. threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever;
  9. 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;
  10. consists of or contains software viruses or any other programs, or interferes with any other person’s use or enjoyment of the Website;
  11. interferes or disrupts networks or websites connected to the Website; or
  12. 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 Website.

  1. GENERAL TERMS & CONDITIONS

You agree and confirm that:

  1. 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.
  2. The Users can access the Products listed on the JainJeevan Platform and place online orders against the Food Vendor(s) through JainJeevan.
  3. 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.
  4. 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).
  5. 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.
  6. 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.
  7. 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.
  8. 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/ 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.
  9. You or any person instructed by you shall not resell the Product(s) purchased via the JainJeevan Platform.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. Delivery period quoted at the time of ordering is approximate only and may vary.
  16. 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).
  17. You, as a buyer, shall electronically notify the payment system operation using the appropriate Website features (or writing to [email protected]) 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.

 

  1. JURISDICTIONAL ISSUES/ SALE IN INDIA ONLY

Unless otherwise specified, the Products on the Website are presented solely for the purpose of sale/ ordering in India. JainJeevan makes no representation that the Products made available through the Website are appropriate or available for use in jurisdictions other than India. Those who choose to access this Website 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.

  1. PRICING

All the products listed on the Website (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.

  1. PAYMENTS

 

  1. 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”).
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

 

  1. CANCELLATION BY JAINJEEVAN/ CUSTOMER

 

  1. Cancellation of order by you- You shall not be entitled to cancel your order once you have received confirmation of the same.
  2. 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.
  3. 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.
  4. We reserve the sole right to cancel your order in the following circumstance:
    1. in the event of the address designated by you falls outside the delivery zone offered by us;
    2. failure to contact you by phone or email at the time of confirming the order booking;
  • failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery;
  1. unavailability of all or any of the items ordered by you at the time of booking the order; or
  2. physical absence of the intended receiver at the doorstep;
  3. we suspect any fraudulent transaction by any customer or any transaction which defies the Terms of using the Website;
  • 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.
  1. JainJeevan shall have right to charge you Cancellation Fee for the orders cancelled by JainJeevan for the reasons specified under clause 11 sub-clauses- (i), (d.iii), (d.v) hereinabove.

 

  1. REFUNDS

 

  1. 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).
  2. 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.
  3. 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.
  4. 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 Website features (or by writing us at [email protected]) within the stipulated time of three (3) days, then this would make you ineligible for a refund.
  5. 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).
  6. Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price after deducting the delivery charges.
  7. 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.
  8. 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 order(s) and block accounts of such buyers without any prior notice.

 

  1. INTELLECTUAL PROPERTY RIGHTS

Copyright, authors’ rights and database rights. Unless otherwise communicated, all content included on the Website- 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 Website is our exclusive property and is protected by Indian and international copyright laws and database right laws. All software used on this Website 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 Website 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 Website (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 Website, 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 Website 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 Website 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 Website. Access to this Website 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 Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by JainJeevan.

  1. RIGHTS IN YOUR COMMENTS

 

  1. Unless we indicate otherwise, any content, material, reviews, comments, feedback, postcards, suggestions, ideas, or other submissions, (“Comments”) that you post on the Website 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.
  2. 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.
  3. 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 Website; 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.

 

  1. CLAIMS AGAINST OBJECTIONABLE COMMENTS

Because JainJeevan lists a number of products for sale on the Website 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 Website is illegal, offensive or violates clause 3 of these Terms (“Objectionable Comments/ Content“), please notify us immediately by writing us at [email protected]. Upon receipt of your notice, we will make all reasonable endeavors to remove such Objectionable Comments/ Content complained about within a reasonable time.

  1. 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.

  1. LIMITATION OF LIABILITY

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 WEBSITE 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 WEBSITE 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.

  1. DISCLAIMER

 

  1. Exactness not guaranteed: We do not warrant that any Product description or other Contents made available through the Website 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 Website.
  2. Colors: We have made every effort to display the colors of our Products that appear on the Website 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.
  3. 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.
  4. 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.
  5. Nothing on the Website constitutes, or is meant to constitute, advice of any kind. The Users of the Website 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.
  6. 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.
  7. 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.
  8. References on this Website 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 websites, you do so entirely at your own risk.

 

 

  1. 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: [email protected] 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 Website 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 Website, 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 Website or affect any liability that may have arisen under these Terms.

  1. MODIFICATION OF TERMS

We reserve the right to modify the Website, 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 Website. You should regularly review the Terms on the Website. 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 Website.

  1. 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.

  1. 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.

  1. 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 Website or the Content thereof, or for violations of these Terms by you.

  1. 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.

  1. 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.

  1. CONTACT US

Any questions, feedback, or complaints regarding the Website, 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: [email protected], 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 [email protected].