Sales Terms and
Conditions
ATTENTION:
PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS
WEBSITE ("SITE"). USING THIS SITE INDICATES THAT YOU HAVE READ AND
ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO
USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS
TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT JAYANI
TECHNOLOGIES LLP AND ITS SUBSIDIARIES (COLLECTIVELY "JTOPTICS") MAY
MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, "MATERIALS") AND ANY
SERVICES THAT JTOPTICS MAY PROVIDE THROUGH THE SITE (COLLECTIVELY,
"SERVICES"). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN
THESE TERMS COLLECTIVELY AS THE "JTOPTICS WEBSITES."
JAYANI
TECHNOLOGIES LLP ("JTOPTICS") 23, 3RD FLOOR, GAMI
INDUSTRIAL PARK, PAWNE, NAVI-MUMBAI, MAHATASHTRA 400705, provides you the
JTOPTICS Online store ('Store' or 'JTOPTICS Website') services subject to the
notices, terms, and conditions set forth herein. In addition, when you use any
JTOPTICS Online store service, you may be subject to the rules, guidelines,
policies, terms and conditions applicable to such service, and may be
incorporated by reference. JTOPTICS reserves the right to change the services
provided through the JTOPTICS online store and/or these terms and conditions at
any time. JTOPTICS retains the right to deny access to anyone who we believe
has violated these terms and conditions.
Service
Provider is an JTOPTICS authorized distributor and shall be responsible for
accepting your orders, collecting payments and supplying the listed products or
services as per your order.
Disclaimer
THE JTOPTICS
WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE JTOPTICS WEBSITES IS WITH
YOU. EXCEPT AS OTHERWISE STATED IN THESE TERMS, SHOULD THE MATERIALS OR
SERVICES PROVE DEFECTIVE, YOU, AND NOT HP, ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING AND REPAIR. JTOPTICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE JTOPTICS
WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, JTOPTICS MAKES NO WARRANTY THAT THE JTOPTICS
WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE JTOPTICS WEBSITES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE JTOPTICS
WEBSITES WILL BE CORRECTED. JTOPTICS MAKES NO WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE JTOPTICS WEBSITES OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE JTOPTICS WEBSITES. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE
JTOPTICS WEBSITES OR FROM HP, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED
COMPANIES, OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE JTOPTICS
PARTIES") SHALL CREATE ANY WARRANTY. JTOPTICS DISCLAIMS ALL EQUITABLE
INDEMNITIES.
Role of
JTOPTICS and Service Provider
The JTOPTICS
online portal is developed, maintained and updated by JTOPTICS. The process of
payment authorization and receipt, order acceptance and fulfillment, and other
physical portions of a transaction are managed by the Service provider. As
stated, Service Provider shall be solely responsible for fulfillment of all
orders successfully placed through the Store including but not limited to
invoicing, payment processing and product delivery to customers. In no event
shall JTOPTICS, its affiliates, directors, officers, agents, consultants or
employees etc. be liable for any purchases made through the JTOPTICS Online
store. You hereby to the fullest extent permissible waive any and all claims
that you may have against JTOPTICS and its Representatives arising as a result
of or in relation to the JTOPTICS online store or purchases made through the
JTOPTICS Online store including, inter-alia, claims relating to payment and
delivery of the products.
Use of the
JTOPTICS Online store
Certain areas
of the JTOPTICS Websites (e.g., chat rooms or customer ratings and review
areas) may permit you to submit feedback, information, data, text, software,
music, sound, photographs, graphics, video, messages, or other materials (each,
a "User Submission"). By submitting a User Submission, you grant to
JTOPTICS an irrevocable, perpetual, transferable, non-exclusive, royalty free,
worldwide, license (sub-licensable through multiple tiers) to (a) use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform, and
publicly display your User Submissions (or any modification thereto), in whole
or in part, in any format or medium now known or later developed and (b) use
(and permit others to use) your User Submission in any manner and for any
purpose (including, without limitation, commercial purposes) that JTOPTICS
deems appropriate in its sole discretion (including, without limitation, to
incorporate your User Submission or any modification thereto, in whole or in
part, into any technology, product, or service). JTOPTICS reserves the right to
display advertisements in connection with User Submissions and to use User
Submissions for advertising and promotional purposes. JTOPTICS may, but is not
obligated to, pre-screen User Submissions or monitor any area of the JTOPTICS
Websites through which User Submissions may be submitted. You agree that you
are solely responsible for all of your User Submissions. JTOPTICS is not
required to host, display, or distribute any User Submissions on or through the
JTOPTICS Websites and may remove at any time or refuse any User Submissions for
any reason. JTOPTICS is not responsible for any loss, theft, or damage of any
kind to any User Submissions. JTOPTICS does not want to receive any User
Submission that is confidential. You understand and agree that any User
Submission will be considered non-confidential and non-proprietary and that
JTOPTICS will be free to disclose your User Submission to any third party
absent any obligation of confidence on the part of the recipient. JTOPTICS does
not guarantee that you will have any recourse through JTOPTICS or any third
party to edit or delete any User Submission you have submitted. By submitting
any User Submission, you represent and warrant that:
you are at
least 18 years old;
you own all
rights in your User Submissions (including, without limitation, all rights to
the audio, video, or digital recording and the performance contained in your
User Submissions) or, alternatively, you have acquired all necessary rights in
your User Submissions to enable you to grant to JTOPTICS the rights in your
User Submissions described herein;
you have paid
and will pay in full all license fees, clearance fees, and other financial
obligations, of any kind, arising from any use or commercial exploitation of
your User Submissions;
you are the
individual pictured and/or heard in your User Submissions or, alternatively,
you have obtained permission from each person (including consent from parents
or guardians for any individual under the age of eighteen (18)) who appears
and/or is heard in your User Submissions to grant the rights to JTOPTICS
described herein;
your User
Submissions do not infringe the copyright, trademark, patent, trade secret, or
other intellectual property rights, privacy rights, or any other legal or moral
rights of any third party; you voluntarily agree to waive all "moral
rights" that you may have in your User Submission;
any information
contained in your User Submission is not known by you to be false, inaccurate,
or misleading;
your User
Submission does not violate any Law (including, but not limited to, those
governing export control, consumer protection, unfair competition,
anti-discrimination, or false advertising);
your User
Submission is not, and may not reasonably be considered to be, defamatory,
libelous, hateful, racially, ethnically, religiously, or otherwise biased or
offensive, unlawfully threatening, or unlawfully harassing to any individual,
partnership, or corporation, vulgar, pornographic, obscene, or invasive of
another's privacy;
you were not
and will not be compensated or granted any consideration by any third party for
submitting your User Submission;
your User
Submission does not incorporate materials from a third-party website, or
addresses, email addresses, contact information, or phone numbers (other than
your own);
your User
Submission does not contain any viruses, worms, spyware, adware, or other
potentially damaging programs or files;
your User
Submission does not contain any information that you consider confidential,
proprietary, or personal; and
your User
Submission does not contain or constitute any unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of solicitation.
Other
agreements
JTOPTICS may
provide products (such as hardware or software) services (such as hardware
maintenance or repair or software maintenance, installation, or training) or
access to JTOPTICS Websites under the terms of a separate agreement between you
and JTOPTICS (each, an "Other Agreement"). HP's obligations with
respect to any product, service, or access that it makes available to you under
any Other Agreement shall be governed solely by the Other Agreement under which
such product or service is provided and these Terms shall not be deemed or
construed to alter the terms of such Other Agreements. For example, the use of
any software that is made available to download from the JTOPTICS Websites
("Software") is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software
("License Agreement"). You may not install any Software that is
accompanied by or includes a License Agreement unless you first have agreed to
the License Agreement terms. If no end user license agreement accompanies or is
included with the Software, then such Software shall be deemed to be Materials
hereunder and these Terms shall govern your use of such Software. FURTHER
REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS
SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE
AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
Your Account
You are solely
responsible for maintaining the confidentiality of your account and password in
respect of the Store.
Trademarks
JTOPTICS and
any other product or service name or slogan or logo contained in the JTOPTICS
Website are trademarks of JTOPTICS and its suppliers or licensors and may not
be copied, imitated, or used, in whole or in part, without the prior written
permission of JTOPTICS or the applicable trademark holder. Ownership of all
such trademarks and the goodwill associated therewith remains with JTOPTICS or
the applicable trademark holder. You may not use any metatags or any other
"hidden text" utilizing any name, trademark, or product or service
name of JTOPTICS without JTOPTICS's prior written permission. In addition, the
look and feel of the Site (including all page headers, custom graphics, button
icons, and scripts) is the service mark, trademark, and/or trade dress of
JTOPTICS and may not be copied, imitated, or used (in whole or in part) without
JTOPTICS's prior written permission. Reference to any products, services,
processes, or other information, by trade name, trademark, or otherwise does
not constitute or imply endorsement, sponsorship, or recommendation thereof by
JTOPTICS.
Modifications
to these Terms
JTOPTICS may,
in its sole and absolute discretion, change these Terms from time to time.
JTOPTICS will post notice of such changes on the applicable Site. If you object
to any such changes, your sole recourse shall be to cease using the JTOPTICS
Websites. Continued use of the JTOPTICS Websites following notice of any such
changes shall indicate your acknowledgement of such changes and agreement to be
bound by the terms and conditions of such changes. Certain provisions of these
Terms may be superseded by expressly-designated legal notices or terms located
on particular pages of the JTOPTICS Websites and, in such circumstances, the
expressly-designated legal notice or term shall be deemed to be incorporated
into these Terms and to supersede the provision(s) of these Terms that are
designated as being superseded.
Order Placement
You can place
orders for any of the products listed in the website. Acceptance of order is
subject is both payment receipt and stock availability. Service Provider
however reserves its right to refuse to execute any transaction/s with any
customer without assigning any reason/s whatsoever, unless otherwise directed
by HP. Upon receiving the payment, an order number is auto generated and
appears as a message at the end of payment processing (order submission in case
of COD). This will also be mailed at the email ID provided by you at the time
of entering the order. Service Provider will initiate the order processing
after payment receipt (except for COD orders) subject to stock availability at
that point of time. Orders once placed with payment cannot be cancelled.
However, if the customer wants to cancel the order, Cancellation charges will
be applicable.
Payment
You can use
various facilities, namely Credit card payment through payment gateways, EMI
offers through select banks, Net banking available on the site for making
payments. In case of use of Credit or Debit Cards or internet banking
facilities to make payments, your information is secured through use of 128 bit
Secure Socket Layer ("SSL") technology. You agree, understand and
confirm that the credit card used is lawfully owned or possessed by you and
that you shall not pay or attempt to pay for Product(s) using fraudulent credit
card information. Service Provider confirms that it shall use reasonable
measures to ensure security of the information and will not be shared with
third parties, unless required for fraud verifications or by law, regulation or
court order. Neither JTOPTICS nor Service Provider shall be liable for any
credit card fraud.
Payment Gateway
There are
multiple payment partners providing us with a payment gateway. All online
transactions will be routed through one of our payment partners. Upon
successful transaction, the payment partner will collect and remit the money to
Service Provider. Service Provider upon receiving the payment will initiate
order processing.
Indemnity
User shall at
all times fully indemnify and hold harmless JTOPTICS, Service Provider, their
officers, directors, agents, employees, and associate companies, from any and
all costs, losses, claims, demands, damages and liabilities ,actions including
costs and reasonable attorneys' fees, made by any third party and/or penalty
imposed, due to and/or arising out of User's breach of the Terms &
Conditions and/or User's violation of any law, rules or regulations and/or the
rights of a third party and/or the infringement by User including, without
limitation, copyright and trademark infringement, obscene and/or indecent
postings, and on-line defamation, and/or any third party using the User's
account, of any intellectual property and/or other right of any person and/or
entity.
Governing Law
and Jurisdiction
The
transactions on this website shall be governed by, construed, interpreted, and
enforced in accordance with the laws of India. Specific performance and damages
any other disputes arising in respect hereto shall be subject to exclusive
jurisdiction of the courts of Mumbai.
Force Majeure
JTOPTICS and
Service Provider shall not be liable for any failure and/or delay on their part
in performing any of its obligation under this Agreement and/or for any loss,
damage, costs, charges and expenses incurred and/or suffered by the User by
reason thereof if such failure and/or delay shall be result of or arising out
of Force Majeure Event set out herein. Explanation: "Force Majeure
Event" means any event due to any cause beyond the reasonable control of
JTOPTICS and/or Service Provider, including, without limitation, unavailability
of any communication system, sabotage, fire, flood, earthquake ,explosion, acts
of God, civil commotion, strikes, lockout, and/or industrial action of any
kind, breakdown of transportation facilities, riots, insurrection, hostilities
whether war be declared or not, acts of government, governmental orders or
restrictions breakdown and/or hacking of the Website and/or contents provided
for availing the Products and/or services under the Website, such that it is
impossible to perform the obligations under the Agreement, or any other cause
or circumstances beyond the control of JTOPTICS and/or Service Provider hereto
which prevents timely fulfillment of obligation of JTOPTICS and/or Service
Provider.