Last updated on December 26, 2015
Jayani Technologies LLP is a company incorporated under the laws of India, with its registered office at 705 Magnifica D, casa Bella, Kalyan Shilphata Road, Dombivali east, Dist. Thane, Maharashtra, India 421203, India and having CIN NO L00106955. Jayani Technologies is an intermediary in the form of an online marketplace and is limited to managing the Website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User.
If there is any conflict:
The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.
Eligibility to Use
JTOPTICS reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
User Account, Password, and Security
You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
Registered users: JTOPTICS makes
certain sections of the Services available to You through the Website only if
You have provided JTOPTICS certain required User information and created an
account and a JTOPTICS ID through certain log-in ID and password
("Account"). You can create Your Account on the Website through
logging in by Your third party website user ID and password including that of
www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc.
or its subsidiaries, twitter or any other social media website or any other
Internet service as permitted on the Website (JTOPTICS ID and/or other third
party login identification as provided above are individually and collectively
referred to the "Account Information").
In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify JTOPTICS of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. JTOPTICS cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by JTOPTICS or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or JTOPTICS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JTOPTICS has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
Guest users: The Website also allows limited access to the Services for unregistered Users (also called as ‘guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
Payments related Information
JTOPTICS may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a buyer) or receive (if You are a seller) in the course of a single transaction. JTOPTICS will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, JTOPTICS 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, on account of You/cardholder having exceeded the preset limit mutually agreed by JTOPTICS with its bank from time to time.
For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and JTOPTICS does not control the same and shall be liable for the same.
Payment Facility for Your orders: JTOPTICS may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of JTOPTICS's fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. JTOPTICS shall initiate the remittance of the payments made by Your for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between JTOPTICS and sellers.
User Obligations and Role of JTOPTICS
Subject to compliance with the Agreement(s), JTOPTICS grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website in accordance with clause 7.
You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by JTOPTICS. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.
The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to JTOPTICS using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that JTOPTICS does not endorse any User Content on the Website and is not responsible or liable for any User Content. JTOPTICS reserve the right to disable access to the User Content on the Website.
You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that JTOPTICS is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. JTOPTICS is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). JTOPTICS neither recommends You to buy or sell any Products on the Website nor does JTOPTICS endorses any such Products and nor does JTOPTICS provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, JTOPTICS does not guarantee, warranty or provide any assurance on the behavior of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.
When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
· belongs to another person and to which the User does not have any right to;
· is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
· harms minors in any way;
· impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
· threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
· infringes any patent, trademark, copyright or other proprietary rights;
· contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
· deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;