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In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
(a) You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.jaipuriya.com (the "Website") and related software and services (collectively with the Site, the "Jaipuriya Platform")
(b) The website www.Jaipuriya.com(hereinafter referred to as "Jaipuriya Platform”), owned by Jaipuriya Fab Pvt. Ltd, a private limited Company, having it’s office at C 41, Dev Nagar, Tonk Road, Jaipur - 302018, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
(d) We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
3 WEBSITE PLATFORM
Jaipuriya is an online platform where Users can choose from a variety of hand-made apparel form Gujurat and Jaipur, ranging from formal, semi-formal and office wear. These apparel are also printed in various forms such as Dabu from Bagru, Akola, Ajrakh and Balotra and many other artistic designs. Jaipuriya is a Website that runs on the Zepo platform, a e-commerce platform established in the year 2011. Jaipuriya offers products that come in various colors and sizes along with its price, shipping process and price and discount if any. Once the product is chosen and ordered, the Company looks to deliver the same using the logistics partner and ships the product ordered to the specified address. The site can also be accessed from the Facebook page and orders can also be placed from there as well as the page is integrated with the Website.
The products can also be found other websites such as Flipkart, Amazon and Snapdeal
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Jaipuriya Platform if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
All information provided by Customers are self-declared and not verified by Jaipuriya. Any and all information posted by any Customer including but not limited to their photographs, videos, etc., Jaipuriya has the right to use this Content for promotions or marketing purposes.
Jaipuriya reserves the right to delete, remove, modify refuse to accept or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Agreement, the intellectual or proprietary rights of others, any of its policies or is otherwise unacceptable in its discretion, and you hereby agree to forfeit any fees payable in respect of such Content to Jaipuriya or as it may direct.
To fully avail the services of the Website and use it, registration is required. In order to use the services of this Website, You are required to register Yourself, which can also be done through your Facebook or Google+ account. Jaipuriya shall approve the Users detailed profile after basic scrutiny of the Content. One is required to provide only the name, age, address, e-mail id and mobile number for registration..
Membership of this website is available only to those above the age of 18 years. barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Application, You may do so through Your legal guardian and Jaipuriya reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Application or availing any of its services.
All information provided by the User, Customers must be true, accurate and complete. Jaipuriya reserves the right (but has no obligation) to verify any and all information provided on a User's profile.
The User is solely responsible for ensuring and maintaining the secrecy and security of his/her Jaipuriya account password. The User agrees not to disclose this password to any third party and shall be solely responsible for any use of or action taken through the use of such password on Jaipuriya.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Jaipuriya Platform. The Parties agree that certain portions of these shall continue to remain in full force and effect indefinitely.
Jaipuriya reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Jaipuriya Platform , or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described hereinabove.
Either party may terminate the Agreement at any time, with or without cause, effective immediately upon written notice to the other party (or by terminating or suspending User’s account).
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom you have become acquaintanices with from the Jaipuriya Platform. Such contact shall be made only in pursuance of such objectives and services and no other calls shall be made. In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to statistical compilations.
We reserve the right to amend the fee policy and charge for all the servies which the Jaipuriya Platform offers. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
11 MODE OF PAYMENT
To process any financial transactions on the Website, We use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of Jaipuriya.
The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same.
With regards to payments for orders made on Flipkart, Amazon and Snapdeal, the Zepo platform shall be forwarded the payment against the sales made on the website.
Transactions on the Jaipuriya Platform are secure and protected. Any information entered by the User when transacting on the Jaipuriya Platform is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Jaipuriya Platform in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Jaipuriya Platform.
14 USER’S OBLIGATIONS
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
15 CONFIDENTIAL INFORMATION
Confidential Information shall mean any information disclosed by the Customer on the Jaipuriya Platform. However, Confidential Information shall not include information that: (a) is now or subsequently becomes publicly known through no wrongful act or omission of the Website or anyone to whom it discloses such information; (b) the Website can demonstrate by its written records to have had rightfully in the Customers possession, free of restriction, prior to the date of this Agreement; (c) the Websitecan demonstrate by its written records to have obtained on or after the date of this Agreement, rightfully and free of restriction, from a third party who has the right to transfer or disclose it, provided that it was not acquired, directly or indirectly, from the Customer; (d) the Website can demonstrate by its written records to have been independently developed.
All Users using the Jaipuriya Platform acknowledge that certain information disclosed by Customer may be confidential and, if so, must be protected. All Confidential Information and its embodiments and derivatives shall remain the sole and exclusive property of the Customer and no license or other right with respect to Confidential Information is granted or implied hereby.
16 REPRESENTATIONS AND DISCLAIMER OF WARRANTIES
a) Except as otherwise expressly stated on the Website, all Services offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
b) All commercial/contractual terms are offered by and agreed to between User and Website alone. Jaipuriya disclaims all liability to either the Customer or any person claiming for any breach of the terms.
c) The Company/Website makes no representations as to the reliability, capability, or the quality, security or legality of any of the Products and Jaipuriya disclaims any and all liability relating thereto. The Company/Website does not implicitly or explicitly support or endorse the procurement of any Service on the Website.
d) The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and that he/she is using his/her best and prudent judgment before availing any product listed on the Website, or accessing/using any information displayed thereon.
e) The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself, any Service Providers or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any Product purchased or service availed of by the User from the Website.
f) The Company/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
g) It is further agreed to by the Parties that the Contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
17 LIMITATION OF LIABILITY
Jaipuriya accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Jaipuriya Platform.
Users may be held legally responsible for damages suffered by other Users, Jaipuriya or any third party as a result of legally actionable or defamatory comments, remarks, or other information or Content posted to the Jaipuriya Platform. All Customers are to comply with all laws applicable to them or to their activities, and with all posted Jaipuriya Policies, which are hereby incorporated into this Agreement by reference. These policies may be modified from time to time at Jaipuriya's discretion, and the currently effective policies will be deemed to be part of this Agreement.
Jaipuriya is not legally responsible for any remarks, information or other Content posted or made available on the Jaipuriya Platform by any User or third party, even if such information or Content is defamatory or otherwise legally actionable. Jaipuriya is not responsible for and does not monitor or censor Content for accuracy or reliability. However, Jaipuriya reserves the right to remove or restrict access to any information or Content posted or made available on the Jaipuriya Platform if ordered to do so by a government authority or if Jaipuriya considers such information or Content to be in violation of this Agreement, or to be unlawful, immoral or harmful.
18 INTELLECTUAL PROPERTY RIGHTS
(a) All information, Content, services and software displayed on, transmitted through, or used in connection with the Jaipuriya Platform, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Jaipuriya Platform, and solely for your personal, non-commercial use.
(b) You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Jaipuriya Platform, not to insert any code or product or manipulate the Content of the Jaipuriya Platform in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
19 INTELLECTUAL PROPERTY COMPLAINTS
(a) We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes infringement or are aware of any infringing material on the Jaipuriya Platform, please email us at [?][n2] .
(b) By providing information to, communicating with, and/or placing material on, the Jaipuriya Platform, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of Jaipuriya Platform and other affiliated Websites, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
20 GEOGRAPHICAL EXTENT
(a) The Jaipuriya Platform can be used in India. We make no representation that materials or Content available through our Jaipuriya Platform is appropriate or available for use in all countries worldwide.
(b) If You access or use the Jaipuriya Platform from a country or location where it is not appropriate or available, You are solely responsible for compliance with necessary laws and regulations for use of the Jaipuriya Platform.
(a) We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any Content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
(b) Jaipuriya has no obligation to provide You with a copy of the information You or any other User provides on the Jaipuriya Platform or that the Jaipuriya Platform has accessed.
(c) Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Jaipuriya Platform.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Jaipuriya Platform to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Jaipuriya Platform. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify and hold harmless the Company, its independent Service Providers, Service Providers and consultants, and their respective directors, officers, employees and agents (collectively, "Jaipuriya Parties"), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to or use of the Platform(s); (b) any Discussions or Messages you provide; (c) your violation of these Terms and Conditions; (d) your violation of any rights of another; (e) your conduct in connection with the platform(s); or (f) any products or services purchased or obtained by you in connection with the platform(s). You agree to fully cooperate in indemnifying Us at Your expense.
Each Customer shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from the Website
23 DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
14.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
14.2 Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Gurgaon, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at [?]. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in [?], India and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or send an email to [?].
26 MISCELLANEOUS PROVISIONS:
(a) Entire Agreement: The terms and conditions set forth in this Agreement and any additional or different terms expressly agreed by Customer shall constitute the entire agreement and understanding of Customer with thr order and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Customer shall always remain subject to the terms of the user Agreement.
(b) Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
(c) Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
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