THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS 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.
Jiscovery is an e-commerce marketplace being run through the domain www.jiscovery.com (including mobile applications, if any) (“Portal” / “Website”) for the display, advertising and sale of lifestyle and other products by various registered vendors (“Sellers”) to the end customers on the Portal (“Buyers”).
The Portal is operated by Jouinvalue Creations Private Limited (including its directors, full time employees, subsidiaries and affiliates, collectively, the “Company”). The Company’s role is solely limited to managing the Portal and associated marketing, payment collections, order management, enquiry management and other incidental services to enable the transactions between the Sellers and the Buyer (“Business” / ”Services”).
Users can review the most current version of the Terms and Policies at any time on the Website. The Company reserves the right to unilaterally update, change or replace any part of these Terms or Policies by posting updates or changes to the Portal. It is the responsibility of the Users to check the Portal periodically for changes to the Terms and Policies. The Users’ continued use of or access to the Portal following the posting of any changes constitutes acceptance of those changes. As long as the User complies with these Terms, the Company grants the User a personal, non-exclusive, non-transferable, limited privilege to enter and use the Portals and Services.
IF THE USER DOES NOT AGREE WITH THE TERMS, THE USER IS ADVISED TO REFRAIN FROM USING THE PORTAL. BY ACCESSING OR USING THE PORTAL, THE USER IRREVOCABLY ACCEPTS THE AGREEMENT AND AGREES TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).
User(s) represent and warrant that they have the right to access or use the Portal. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to access and use the Portal.
The Portal can be accessed and used by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. The Company reserves the right to terminate the Users account and / or deny access to the Portal if it is brought to the Company’s notice or if it is discovered that the User does not meet the conditions herein.
ACCOUNT REGISTRATION, SUSPENSION AND TERMINATION
Users may access the Portal by registering to create an account and becoming registered members. The membership is limited for the purpose of buying or selling products, is subject to the Terms and Policies, and is strictly not transferable.
The Users agree to provide accurate, current and complete information during the registration or order process on the Portal and to update such information to keep it accurate, current and complete.
By registering their phone numbers and e-mail address with the Company, the Users consent to be contacted by the Company via phone calls, e-mails, SMS notifications or instant messages, in case of verifications and in case of subscription / service / promotional updates.
The Users are responsible for maintaining the confidentiality of their account information, and are fully responsible for all activities that occur through their accounts. Should there be instances of any unauthorized use of their accounts or any other breach of security, the Users are required to notify the Company to stop processing requests from their accounts, until further instructions.
The Company reserves the right to suspend or terminate the account or access to the Portal including blocking any account associated with a User, if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete and/or if the Users are found to be non-compliant with the Terms, Policies and/or applicable law, as the case may be.
The Users are solely responsible for all activities that occur under their account.
AMENDMENT TO THE TERMS
The Company reserves the right to unilaterally change, modify, amend, or update these Terms and/ or the Agreement from time to time and such amended provisions shall be effective immediately upon being posted on the Portal. If the Users do not agree with such provisions, the Users must stop using the Portal with immediate effect. The Users’ continued use of the Portal will be deemed to signify their acceptance of the amended provisions of the Agreement.
The Portal allows Users to place orders for the products sold by various Sellers and the Company will, subject to the terms and conditions set out herein, facilitate the placement of orders for the products to the Users. The Company does not own, sell, resell products on its own and/or is not affiliated with the Sellers. The Company reserves the sole right to delist any product from the Portal.
The Users understand that any order that they place shall be subject to the terms and conditions set out in these Terms, and any terms and conditions imposed by the Sellers concerned.
On receipt of an order from a User, the Company shall send electronically a confirmation of such order to the Seller and the Buyer concerned. Further, the Company may inform the Users about the availability or unavailability or change in price of a product as informed by the Seller concerned. Confirmation of the order shall be treated as final.
The commercial/contractual terms including, without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products, etc. are offered by and agreed to between the Sellers and the Buyers.
The Users acknowledge and agree that the Company may acts as the payment agent for the limited purpose of accepting payments from them on behalf of the Seller. The Users agree that the payment facility provided by the Company is merely a facilitator providing a third-party payment processor for the transactions on the Portal.
The Users agree to provide current, complete and accurate purchase and account information for all purchases made at on the Portal. In connection with any order, information such as name, billing address and credit card information will have to be provided either to the Company or the third-party payment processor.
All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the products sold through the Portal are being charged and determined by the Seller. The Company holds no responsibility for the legal correctness/validity of the levy of such taxes.
USE OF THE PORTAL
(a) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(b) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(c) harasses or advocates harassment of another person;
(d) 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) or rights of publicity;
(e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
(f) tries to gain unauthorized access or exceeds the scope of authorized access to the Portal or to the profiles, blogs, communities, account information, or other areas of the Portal or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
(g) interferes with another User’s use and enjoyment of the Portal or any third-party users enjoyment of similar services;
(h) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Portal or any other website, contains content that would be prohibited or violates the spirit of these Terms;
(i) violates any law for the time being in force;
(j) impersonates another person;
(k) contains software viruses or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; and
(l) directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, (l) the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Portal, either provided by the Users or the Sellers. The material on the Portal is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. The Users agree that, the Company does not own any responsibility or obligation whatsoever, towards ensuring the accuracy of the information provided by the Users. Any reliance on the material on the Portal is at the Users’ own risk.
The Company reserves the right to modify the contents of the Portal at any time, but has no obligation to update any information on the Portal. The Users agree that it is their responsibility to monitor changes to the Portal.
Occasionally there may be information on the Portal that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Portal is inaccurate at any time without prior notice.
The Company undertakes no obligation to update, amend or clarify information in the Portal, including without limitation, pricing information, except as required by law.
DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY
The Company does not warrant that the Portal will be compatible with all hardware and software which is used by the Users.
The Company does not represent or warrant that the information available on the Portal will be correct, accurate or otherwise reliable. The Sellers take sole responsibility for the correctness of the details pertaining to specifics (such as quality, value, saleability, etc) of the products proposed to be sold or offered to be sold or purchased on the Portal. The Company does not implicitly or explicitly support or endorse the sale or purchase of any products nor provide any warrantee/guarantee of the products sold to the Users, and in no event shall such products be the responsibility of the Company.
The Company is not responsible for any non-performance or breach of any contract entered into between the Sellers and the Buyers.
The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users.
The Company does not, at any point of time during any transaction between any Seller and a User take possession of any of the products offered nor does it gain title to or have any rights or claims over such products. At no time shall the Company have any obligations or liabilities in respect of such contract entered into between the Users. The Company is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.
The Portal may be under constant upgrades, and some functions and features may not be fully operational. The Portal is provided on an “as is” and “as available” basis.
The Company makes no representation or warranty that: (i) the Portal will be accurate or reliable; (ii) the Portal will be uninterrupted, timely, secure, or error-free; (iii) any information that may be obtained from the use of the Portal will be accurate, timely or complete; or (iv) any errors in any software used on the site or in connection with the Portal will be corrected.
Any information provided with respect to the Users and fees payable is subject to change without notice. Any trademark, word mark or intellectual property of any Users or Sellers belongs to such Users/Sellers alone, and the Company has no right or claim over the same.
The Company reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Portal which in the Company’s reasonable belief is unlawful or could subject the Company to liability or is in violation of these Terms or is otherwise found inappropriate in the Company’s opinion. The Company reserves the right to cooperate with any investigation in this regard. The Company reserves the right to suspend or terminate the account of a User as deemed appropriate by it. Users agree that the Company shall have no liability to any Users, including liability in respect of consequential or any other damages, in the event the Company takes any of the actions mentioned in this clause.
The Company is not responsible and will have no liability for: (i) any content or products provided by any persons or entities other than the Company; (ii) damages of any kind that result from the downloading of any data or any other materials on the site or through the Portal; or (iii) the failures of the internet or any data or telecommunications equipment, system or network used in connection with the Portal.
The Company or its employees / representatives shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the Portal, or for any other claim related in any way to the use of the Portal, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Portal or any content posted, transmitted, or otherwise made available via the Portal, even if advised of their possibility.
The Company does not guarantee that the quality of the products, services, information, or other material purchased or obtained by the User through the Portal will meet the User’s expectations.
The Users acknowledge, consent and agree that the Company may access, preserve and disclose their account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process nationally or internationally;
(b) enforce these Terms;
(c) respond to the Users’ requests for Service;
THIRD PARTY LINKS
Certain content or products available via the Portal may include materials from third-parties. Third-party links on the Portal may direct the Users to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
The Company is either the owner of intellectual property rights or has the sub-licensable (through multiple tiers) right to exercise the intellectual property, on the Portal, and on the material published on it in cases where it may be so construed. The Users acknowledge that the intellectual property right in the information shared with the Company by the Sellers or other content providers may vest in such persons and not in the Company, unless otherwise stated.
“Jiscovery” and related icons and logos whether registered or unregistered are the trademarks of the Company and are protected under applicable copyright, trademark and other proprietary and intellectual property laws. Users’ unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.
Users may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.
The Users must not use any part of the materials on the Portal for commercial purposes without obtaining an appropriate license. All rights, not otherwise claimed under these Terms by the Company are hereby reserved.
The Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting the Company and/or the Portal. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, change in law or regulations, war or threat of war, sabotage, civil unrest, pandemic, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network or other events beyond the Company’s control. Hindrance, delay or complication in the maintenance of the Portal entitles the Company to suspend or limit the Portal until further notice.
The Users shall indemnify, defend, and hold harmless the Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, Sellers, interns and employees, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or in connection with:
(a) the User’s breach of the Agreement;
(b) any claims made by any third party due to, or arising out of, or in connection with User’s use of Portal;
(c) the User’s violation of any rights of another, including intellectual property rights; and
(d) the User’s violation of any applicable laws.
In the event any provision of the Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms are effective unless and until terminated by either the Company or the Users. The Users may terminate these Terms at any time by notifying the Company that they no longer wish to use the Portal or the Services, or when they cease using the Portal.
If in the Company’s sole judgment the Users fail, or it is suspected or discovered that the Users have failed to comply with any term or provision of these Terms, the Company may also terminate their access to the Portal, or cease the provision of the services at any time without notice and the Users will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Users access to the Portal or the services (or any part thereof).
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Agreement shall be subject to the jurisdiction of the courts at New Delhi, India.
All notices or demands to or upon the Company shall be in writing and shall be deemed to be duly made when sent to Jouinvalue Creations Private Limited on firstname.lastname@example.org.
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or e-mail address provided by the User(s) on the Portal, or by posting such notice or demand on an area of the Portal that is publicly accessible.
Notice to a User(s) shall be deemed to be received by such User(s) if and when the Portal is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon the Company posting or updating such notice on the Portal.
Headings for any section of these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.