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Terms of Use
Terms & Conditions
This document is an electronic record in terms of
Information Technology Act, 2000 and rules there under as applicable and the
amended provisions pertaining to electronic records in various statutes as
amended by the Information Technology Act, 2000. This electronic record is
generated by a computer system and does not require any physical or digital
signatures.
This document is published in accordance with the provisions
of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules,
2011 that require publishing the rules and regulations, privacy policy and
Terms of Use for access or usage of Jikaka enterprise.com
(“Website”).
Welcome to Jikaka Enterprise. This website
provides an online platform (”www.organicJikaka.com.com”) for connecting Users
and it does not own any Products or discharge services listed on its Site.
Use of This Site
organicJikaka.com.com through the Site intends
to provide its users a premium curated collection of products and services to
help the people evolve their unique style and desires. We aim to create an
online experience that is just as indulgent as the process of buying a fashion
item in store or a service in personal. The site will be focused on offering a
curated assortment, convenience and customer service to help meet the needs of
customers.
The Site is only to be used for your personal non-commercial
use and information. Your use of the services and features of the Site shall be
governed by these Terms and Conditions (hereinafter "Terms of Use")
along with the Privacy Policy, Shipping Policy and Cancellation, Refund and
Return Policy (together "Policies") as modified and amended from time
to time.
For the purpose of these Terms of Use, wherever the context
so requires "You" or "User" shall mean
any natural or legal person who has agreed to access the Website. By mere
accessing or using the Site, you are acknowledging, without limitation or
qualification, to be bound by these Terms of Use and the Polices, whether you
have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE SITE
INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to
any of the terms enumerated in the Terms of Use or the Policies, please do not
use the Site.
You are responsible to ensure that your access to this Site
and material available on or through it are legal in each jurisdiction, in or
through which you access or view the site or such material.
organicJikaka.com.com reserves the right to
change the particulars contained in the Terms of Use or the Policies from time
to time and at any time, without notice to its users and in its sole
discretion. If we decide to change the Terms of Use or Policies, we will post
the new version of the Terms of Use or the Policies on the Site and update the
date specified above. Any change or modification to the Terms of Use and the
Policies will be effective immediately from the date of such upload of the
Terms of Use and Policies on the Site. Your continued use of the Site following
the modifications to the Terms of Use and Policies constitutes your acceptance
of the modified Terms of Use and Policies whether or not you have read them.
For this reason, you should frequently review these Terms of Use, our
Guidelines and Rules and any other applicable policies, including their dates,
to understand the terms and conditions that apply to your use of the Site.
Privacy Policy
organicJikaka.com.com may use your Personal
Information such as name, e-mail, postal addresses, phone number(s), IP
addresses, product interest information and in certain circumstances, your
opinions and individual preferences, etc;, (collectively "Personal
Information") collected:
• send you or your
friends, relatives or associates, products that you have ordered;
• process gift card
transaction;
• help us learn more
about your shopping preferences; or
• conduct marketing and
performance research to assist us in measuring our customer services,
benchmarking our performance and to help us improve your shopping experiences
and product offerings.
• to send communication
related to order updates and offers through e-mail, SMS and social media
channels.
You may always choose not to receive promotional materials
or marketing information.
Platform for Transaction & Communication
The Site is a platform that Users utilize to meet and
interact with one another for their transactions and is an online platform. Jikaka
enterprise is not and cannot be a party to or control in any manner any
transaction between the Site's Users.
Through this online platform, organicJikaka.com.com only
aims to be provide the platform through which buyers and sellers interact and
all commercial/contractual terms are offered by and agreed to between Buyers
and Sellers independently. These include without limitation the price, shipping
costs, payment methods, payment terms, period and mode of delivery, warranties,
after sales services, replacement/returns and refunds, related to products and
services. organicJikaka.com.com does not and will not have any
control or does not determine or advise or in any way involve itself in the
offering or acceptance of such commercial/contractual terms between the Buyers
and Sellers. All discounts, offers (including exchange offers) are by the
Seller/Brand and not by us.
Placement of order by a Buyer with Seller on the Website is
an offer to buy the product(s) in the order by the Buyer to the Seller and it
shall not be construed as Seller's acceptance of Buyer's offer to buy the
product(s) ordered. The Seller retains the right to cancel any such order
placed by the Buyer, at its sole discretion and the Buyer shall be intimated of
the same by way of an email/SMS. Any transaction price paid by Buyer in case of
such cancellation by Seller, shall be refunded to the Buyer. Further, the
Seller may cancel an order wherein the quantities exceed the typical individual
consumption. This applies both to the number of products ordered within a
single order and the placing of several orders for the same product where the
individual orders comprise a quantity that exceeds the typical individual
consumption. What comprises a typical individual's consumption quantity limit
shall be based on various factors and at the sole discretion of the Seller and
may vary from individual to individual.
organicJikaka.com.com is not responsible for any
non-performance or breach of any contract entered into between the Buyers and
Sellers. It does not and cannot guarantee that any transaction entered into
between the Buyers and Sellers will be concluded by such Users and it shall not
intervene in any dispute/disagreement between the Users whether through
mediation or through any other means to resolve the dispute/disagreement
between the Users.
organicJikaka.com.com is not assuming liability
and shall not be held liable in any manner whatsoever on account of any
monetary loss or other damage suffered by the Customer for delay or failure of
delivery, interruption, or corruption of any data or other information transmitted
in connection with use or operation of the Platform. It shall not have any
obligations or liabilities in respect of any contract entered into by the Users
and it shall not be responsible for unsatisfactory or delayed performance of
services or damages or delays as a result of Products that are out of stock,
unavailable or back ordered.
Privacy Practices
We understand the importance of safeguarding your personal
information and we have formulated a Privacy Policy, to ensure that your
personal information is sufficiently protected. Apart from these Terms of Use,
the Privacy Policy shall also govern your visit and use of the Site. Your
continued use of the Site implies that you have read and accepted the Privacy
Policy and agree to be bound by its terms and conditions. You consent to the
use of personal information by organicJikaka.com.com in
accordance with the terms of and purposes set forth in the Privacy Policy, the
same may be subject to amendment from time to time at the sole discretion
of organicJikaka.com.com without any notice.
Your Account
This Site is directed to be used by adults only. We assume
that any minor, if at all, accessing our Site is under the supervision of their
guardians. organicJikaka.com.com or its associates do not
knowingly collect information from minors. You will be responsible for
maintaining confidentiality of your account, password, and restricting access
to your computer, and you hereby accept responsibility for all activities that
occur under your account and password. You acknowledge that the information you
provide, in any manner whatsoever, are not confidential or proprietary and does
not infringe any rights of a third party.
If you are accessing, browsing and using the Site on someone
else’s behalf; you represent that you have the authority to bind that person to
all the terms and conditions herein. In the event that the person refuses to be
bound as the principal to the Terms of Use, you agree to accept liability for
any harm caused by any wrongful use of the Site resulting from such access or
use of the Site.
If you know or have reasons to believe that the security of
your account has been breached, you should contact us immediately at the
'Contact Information' provided below. If we have found a breach or suspected
breach of the security of your account, we may require you to change your
password, or suspend your account without any liability to organicJikaka.com.com.
We reserve the right to refuse service and/or terminate
accounts without prior notice if these Terms of Use and/or Policies are
violated or if we decide, in our sole discretion, that it would be in organicJikaka.com.com’s
best interests to do so. You are solely responsible for all content that you
upload, post, email or otherwise transmit via the Site. The information
provided to us shall be maintained by us in accordance with our Privacy Policy.
Product & Services Information
organicJikaka.com.com attempts to be as accurate
as possible in the description of the product on the Site. However, organicJikaka.com.com does
not warrant that the product description, colour, information or other content
of the Site is accurate, complete, reliable, current or error-free. The Site
may contain typographical errors or inaccuracies and may not be complete or
current. The product pictures are indicative and may not match the actual
product.
organicJikaka.com.com does not make any
representation or warranty as to specifics, such as quality, value,
saleability, quantity, completeness, accuracy, legal title etc. of the products
or services proposed to be sold or offered to be sold or purchased on the
Site. organicJikaka.com.com does not implicitly or explicitly
support or endorse the sale or purchase of any products or services on the Site
and it shall not be liable for any actions arising out of any errors,
omissions, negligence or any other actions, whether on behalf of itself or
third parties.
organicJikaka.com.com reserves the right to
correct, change or update information, errors, inaccuracies or omissions at any
time (including after an order has been submitted) without prior notice. Please
note that such errors, inaccuracies or omissions may also relate to pricing and
availability.
Product Use & Services
The products and services available on the Site, and the
samples, if any, that Jikaka enterprise may provide you, are
for your personal and/or professional use only. The products or services, or
samples thereof, which you may receive from us, shall not be sold or resold for
any commercial reasons.
organicJikaka.com.com is in no manner
responsible for any manufactural defects. Service provider and manufacturer of
the product or service shall be solely responsible for such defects and
consumer complaints. You should carefully read the individual terms and
conditions in relation to the products.
Recommendation of Products & Services
Any recommendation made to you in the Site during the course
of your use of the Site is purely for informational purposes and for your
convenience and does not amount to endorsement of the product or services
by organicJikaka.com.com or any of its associates in any
manner.
User Content
The information, photo, image, chat communication, text,
software, data, music, sound, graphics, messages, videos or other materials
transmitted, uploaded, posted, emailed or otherwise made available to us
("User Content"), are entirely your responsibility and we will not be
held responsible, in any manner whatsoever, in connection to the User Content.
You agree to not encourage or assist or engage others as well as yourself in
transmitting, hosting, displaying, uploading, modifying, publishing
transmitting, updating or sharing any information that:
• belongs to another
person and to which the user does not have any right to;
• is grossly harmful,
harassing, blasphemous defamatory, obscene, pornographic, paedophilic,
libellous, invasive of another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatever;
• harm minors in any way;
• infringes any patent,
trademark, copyright or other proprietary rights;
• violates any law for
the time being in force;
• deceives or misleads
the addressee about the origin of such messages or communicates any information
which is grossly offensive or menacing in nature;
• impersonate another
person;
• contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource;
• threatens the unity,
integrity, defence, 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 any
other nation.
OrganicJikaka.com shall in no way be held
responsible for examining or evaluating User Content, nor does it assume any
responsibility or liability for the User Content. OrganicJikaka.com does
not endorse or control the User Content transmitted or posted on the Site by
you and therefore, accuracy, integrity or quality of User Content is not
guaranteed by OrganicJikaka.com. You understand that by using the
Site, you may be exposed to User Content that is offensive, indecent or
objectionable to you. Under no circumstances will OrganicJikaka.com be
liable in any way for any User Content, including without limitation, for any
errors or omissions in any User Content, or for any loss or damage of any kind
incurred by you as a result of the use of any User Content transmitted,
uploaded, posted, e-mailed or otherwise made available via the Site. You hereby
waive all rights to any claims against OrganicJikaka.com for
any alleged or actual infringements of any proprietary rights, rights of
privacy and publicity, moral rights, and rights of attribution in connection
with User Content
You hereby acknowledge that OrganicJikaka.com has
the right (but not the obligation) in its sole discretion to refuse to post or
remove any User Content and further reserves the right to change, condense, or
delete any User Content. Without limiting the generality of the foregoing or
any other provision of these Terms and Conditions, OrganicJikaka.com has
the right to remove any User Content that violates these Terms and Conditions
or is otherwise objectionable and further reserves the right to refuse service
and/or terminate accounts without prior notice for any users who violate these
Terms and Conditions or infringe the rights of others.
If you wish to delete your User Content on our Site or in
connection with our mobile applications, please contact us by email
at support@Jikaka enterprise.com and request you to include the following
personal information in your deletion request: first name, last name, user
name/screen name (if applicable), email address associated with our Site and/or
mobile applications, your reason for deleting the posting, and date(s) of
posting(s) you wish to delete (if you have it). We may not be able to process
your deletion request if you are unable to provide such information to us.
Please allow up to 30 business days to process your deletion request.
Intellectual Property Rights
The "OrganicJikaka.com" name and logo and
all related product and service names, design marks and slogans are the
trademarks, logos or service marks (hereinafter referred to as
"Marks") of OrganicJikaka.com. All other Marks
provided on the Site are the property of their respective companies. No
trademark or service mark license is granted in connection with the materials
contained on this Site. Access to this Site does not authorize anyone to use
any Marks in any manner. Marks displayed on this Site, whether registered or
unregistered, of OrganicJikaka.com or others, are the
intellectual property of their respective owners, and OrganicJikaka.com shall
not be held liable in any manner whatsoever for any unlawful, unauthorized use
of the Marks.
OrganicJikaka.com and its suppliers and
licensors expressly reserve all the intellectual property rights in all text,
programs, products, processes, technology, content, software and other
materials, which appear on this Site, including its looks and feel. The compilation
(meaning the collection, arrangement and assembly) of the content on the Site
is the exclusive property of OrganicJikaka.com and are
protected by the Indian copyright laws and international treaties.
Consequently, the materials on this Site shall not be copied, reproduced,
duplicated, republished, downloaded, posted, transmitted, distributed or
modified in whole or in part or in any other form whatsoever, except for your
personal, non-commercial use only. No right, title or interest in any
downloaded materials or software is transferred to you as a result of any such
downloading or copying, reproducing, duplicating, republishing, posting,
transmitting, distributing or modifying.
All materials, including images, text, illustrations,
designs, icons, photographs, programs, music clips, downloads, video clips and
written and other materials that are part of this Site (collectively, the
"Contents") are intended solely for personal, non-commercial use. You
shall not download or copy the Contents and other downloadable materials
displayed on the Site for your personal use. We also grant you a limited,
revocable, non-transferable, and non-exclusive license to create a hyperlink to
the home page of the Site for personal, non-commercial use only. The Contents
and software on this Site are to be used only as a shopping resource. Any other
use, including the reproduction, modification, distribution, transmission, re-
publication, display, or performance, of the Contents on this Site is strictly
prohibited. Unless OrganicJikaka.com explicitly provides to
the contrary, all Contents are copyrighted, trademarked, trade dressed and/or
other intellectual property owned, controlled or licensed by OrganicJikaka.com,
any of its affiliates or by third parties who have licensed their materials
to OrganicJikaka.com and are protected by Indian copyright
laws and international treaties.
Limited License
OrganicJikaka.com grants you limited,
non-exclusive, non-transferable, non- sublicensable license to access, and make
personal and non-commercial use of the Site. All rights not expressly granted
to you in these Terms of Use, are reserved and retained by the Site and its
affiliates.
OrganicJikaka.com reserves the right, at any
time, without notice, and at its sole discretion, to terminate your license to
use the Site and to block and prevent your future access the Site.
Web Browser Cookies
Cookies are small pieces of information that are stored by a
web server on a web browser so it can be later read back from that browser. No
personal information about you is gathered or stored in the cookies by the
Website and, as a result, none can be passed on to any third parties. We use
cookies and other technologies such as pixel tags and clear gifs to store
certain types of information each time you visit any page on our
Website/Application. Cookies enable the Website/Application to recognize the information
you have consented to give to the Website/Application and help us determine
what portions of this Website/Application are most appropriate for your
personal needs. Most cookies are ‘session cookies’ meaning that they are
automatically deleted from your device at the end of a session.
User may choose to set their web browser to refuse cookies.
If you haven't changed your computer's settings, most likely your browser
already accepts cookies. If you choose to decline cookies, you may not be able
to fully experience all features of the website. You can also delete your
browser cookies or disable them entirely. But this may significantly impact
your experience with our website and may make parts of our website
non-functional or inaccessible.
Third Party Services & Websites
Website/Application does not control the content or links
that appear on the third- party websites and is not responsible for the
practices employed by these websites linked to or from our Website/Application,
even if users may find content on our site that links to the sites and services
of our partners, suppliers, advertisers, sponsors, licensors and other third
parties. In addition, these sites or services, including their content and
links, may be constantly changing. These sites and services may have their own
privacy policies and customer service policies. Browsing and interaction on any
other website, including websites which have a link to our Website/Application,
is subject to that website’s own terms and conditions.
You, on your risk and volition entirely, are advised to deal
with the services of our partners, suppliers, advertisers, sponsors, licensors
and other third parties if you intend to. By allowing such
advertisements, OrganicJikaka.com does not recommend or market
or warranty the advertisers, the quality, commitment, deliverables, fitness for
consumption, reasonability of their products/services or the advertisers’
commitment to protect your Personal Information.
Representations & Warranties
This Site is provided to you "AS IS". We make no
representations regarding the use of or the result of the use/depiction of the
Contents on the Site in terms of their correctness, accuracy, reliability, or
otherwise. OrganicJikaka.com shall not be liable for any loss
suffered in any manner by the user as a result of depending directly or
indirectly on the depiction of the Content on this Site.
You acknowledge that this Site is provided only on the basis
set out in the Terms of Use. Your uninterrupted access or use of this Site on
this basis may be prevented by certain factors outside our reasonable control
including, without limitation, the unavailability, inoperability or
interruption of the internet or other telecommunications services or as a
result of any maintenance or other service work carried out on this Site.
OrganicJikaka.com shall have the right, at any
time, to change or discontinue any aspect or feature of the Site, including,
but not limited to, content, hours of availability and equipment needed for
access or use. Further, the Site may discontinue disseminating any portion of
information or category of information. OrganicJikaka.com does
not accept any responsibility and will not be liable for any loss or damage
whatsoever arising out of or in connection with any ability/inability to access
or to use the Site.
OrganicJikaka.com makes no representation and
takes no responsibility for the accuracy, completeness, appropriateness or
usefulness of the Information.
In keeping with OrganicJikaka.com’s objective of
providing \its users with general information about the Garments, Accessories,
etc., OrganicJikaka.com engages experts having knowledge of in
their respective fields ("Experts") to respond to queries posted by
users. Any information provided by the Experts, either over the Site, through
e-mails, chat rooms or on social networking sites, including the Site's
Facebook page (collectively referred to as "Expert's Opinion") is
based on the Experts personal opinion.
For any general information posted on the Site, users must
not infer or assume that such information necessarily applies to them.
Disclaimer of Warranty and Limitation of Liability
THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR
HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN
CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR
FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS,
OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a)
INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE
SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION
OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF
DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES,
SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF
THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY
INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE
CONTROL OF Jikaka enterprise. WE MAKE NO REPRESENTATIONS OR
WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE
NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF
THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR
RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY
YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR
ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE,
TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER
OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
This disclaimer constitutes an essential part of this Terms
of Use.
Links and Third-Party Sites
References on the Site 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. This does not in any
way constitute or imply Jikaka enterprise endorsement, sponsorship or
recommendation of the third party, information, product or service or any
association and relationship between OrganicJikaka.com and
those third parties.
Jikaka enterprise is not responsible for the content of any
third-party sites and does 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. Jikaka enterprise do
not assume any responsibility for examining or evaluating the offerings of the
off-websites pages or any other websites linked from the Site. We shall not be
responsible for the actions, content, products, or services of such pages and
websites, including, without limitation, their privacy policies and terms and
conditions. You should carefully review the terms and conditions and privacy
policies of all off-website pages and other websites that you visit via the
Site.
Termination
These Terms of Use are effective unless and until terminated
by either you or Jikaka enterprise.
You may terminate the Terms of Use at any time, provided
that you discontinue any further use of this Site. OrganicJikaka.com may
terminate the Terms of Use at any time and may do so without notice, and
accordingly deny you access to the Site, such termination will be without any
liability to the Site
Upon any termination of the Terms of Use by either you
or OrganicJikaka.com, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies of such
materials, whether made under the Terms of Use or otherwise. Any such
termination of the Terms of Use shall not cancel your obligation to pay for the
product already ordered from the Site or affect any liability that may have
arisen under the Terms of Use
Indemnity
You agree to defend, indemnify and hold harmless Jikaka
enterprise, its employees, directors, officers, agents and their successors and
assigns, its holding, subsidiaries, affiliates, partners, or licensors from and
against any and all claims, liabilities, damages, losses, costs and expenses,
including attorney's fees, caused by or arising out of claims based upon your
actions or inactions, which may result in any loss or liability to OrganicJikaka.com or
any third party including but not limited to breach of any warranties,
representations or undertakings or in relation to the non-fulfilment of any of
your obligations under the Terms of Use, or arising out of the your violation
of any applicable laws, regulations including but not limited to Intellectual
Property Rights, payment of statutory dues and taxes, claim of libel,
defamation, violation of rights of privacy or publicity, loss of service by
other subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of the Terms of Use.
Governing Law & Jurisdiction
The Terms of Use and the Policies shall be construed in
accordance with the applicable laws of India. For proceedings arising therein
the Courts at Mumbai shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or
otherwise, of the Terms of Use and other Policies on the Site, between the
parties hereto, shall be referred to an independent arbitrator who will be
appointed by mutually 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. The seat
of arbitration shall be held in Mumbai.
Without any prejudice to particulars listed in Clause 13
above, OrganicJikaka.com shall have the right to seek and
obtain any injunctive, provisional or interim relief from any court of
competent jurisdiction to protect its trade-mark or other intellectual property
rights or confidential information or to preserve the status quo pending
arbitration.
OrganicJikaka.com makes no representation that
any products, services and materials displayed on the Site are appropriate or
in compliance with laws for use in other locations/countries other than India.
Those who choose to access this Site from other locations/countries other than
India do so on their own initiative and OrganicJikaka.com shall
not be responsible for supply of products/refund for the products ordered from
other locations/countries other than India, compliance with local laws
including custom duty, taxes, import regulations etc., if and to the extent
local laws are applicable.
Site Security
You are prohibited from violating or attempting to violate
the security of the Site, including, without limitation
• accessing data not
intended for you or logging onto a server or an account which you are not
authorized to access;
• attempting to probe,
scan or test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization;
• attempting to interfere
with service to any other user, host or network, including, without limitation,
via means of submitting a virus to the Site, overloading, "flooding,"
"spamming," "mail bombing" or "crashing;"
• sending unsolicited
email, including promotions and/or advertising of products or services; or
• forging any header or
any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal
liability.
OrganicJikaka.com is entitled to investigate
occurrences that may involve such violations and may involve, and co-operate
with, law enforcement authorities in prosecuting users who are involved in such
violations. You agree not to use any device, software or routine to interfere
or attempt to interfere with the proper working of this Site or any activity
being conducted on this Site. You agree, further, not to use or attempt to use
any engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search this Site other than the search engine and search agents
available from Jikaka enterprise on this Site and other than
generally available third-party web browsers (e.g., Netscape Navigator,
Microsoft Explorer)
General
If any part of these Terms of Use is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed to be superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the Terms of Use shall continue to be
in effect. Unless otherwise specified herein, these Terms of Use constitutes
the entire agreement between you and OrganicJikaka.com with
respect to the Site/services and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written.
OrganicJikaka.com ’s failure to act with respect
to a breach by you or others does not waive its right to act with respect to
the breach or subsequent and similar breaches
You acknowledge and hereby agree to these Terms and
Conditions and that it constitute the complete and exclusive agreement between
us concerning your use of the Site, and supersede and govern all prior
proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/
alter/ modify these Terms and Conditions at any time by posting the changes on
the Site. Any changes are effective immediately upon posting to the Site. Your
continued use of the Site thereafter constitutes your agreement to all such
changed Terms and Conditions. We may, with or without prior notice, terminate
any of the rights granted by these Terms and Conditions. You shall comply
immediately with any termination or other notice, including, as applicable, by
ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be
construed as creating any agency, partnership, or other form of joint
enterprise between us. Our failure to require your performance of any provision
hereof shall not affect our full right to require such performance at any time
thereafter, nor shall our waiver of a breach of any provision hereof be taken
or held to be a waiver of the provision itself. In the event that any provision
of these Terms and Conditions shall be unenforceable or invalid under any
applicable law or be so held by any applicable arbitral award or court
decision, such unenforceability or invalidity shall not render these Terms and
Conditions unenforceable or invalid as a whole but these Terms and Conditions
shall be modified, to the extent possible, by the adjudicating entity to most
fully reflect the original intent of the parties as reflected in the original
provision. The headings in the Terms and Conditions are for convenience only
and shall not be used in its interpretation.
If you have any questions regarding these Terms and
Conditions, then write to us at info@organicJikaka.com.com