1. User Agreement:
Your use of the jayshops app (including www.jayshops.com, hereinafter referred to as "the App" or "We" or “website”) and its related apps, services and tools) is governed by the following terms and conditions as applicable to the App. jayshops provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement" or "User Agreement"), which shall come into effect at 0000 hours at Italy Standard Time on 21st march, 2017. jayshops is a mobile only marketplace where users from all over India connect to buy and sell unique goods. It is owned and managed by ARJUN ENTERPRISES SRL., a company incorporated under Companies Act,(ai sensi del D.Lgs n. 206/2005 (e successivi aggiornamenti) with a registered office at XXXXXXXXXXXXXXXXXXXXX By using the App in any manner, including but not limited to visiting or browsing the App, you (the "User" or "You") agree to be bound by this Agreement, including those additional terms and conditions, rules, policies, guidelines referenced herein and/or available by hyperlink. This Agreement applies to all users of the App, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the App. Amendments JAYSHOPS may amend this User Agreement and/or JAYSHOPS Rules and Policies at any time by posting a revised version on the App.
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2. JAYSHOPS is a Venue
JAYSHOPS acts as a venue to allow users who comply with JAYSHOPS policies to offer, buy goods within a fixed-price format. The App is only a venue through which Users can reach a larger base to buy and items. JAYSHOPS is not directly involved in the transaction between buyers and sellers. All the information and products listed on the App are provided 'as is where is'. As a result, JAYSHOPS has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.JAYSHOPS does not pre-screen users or the content or information provided by users. JAYSHOPS cannot ensure that a buyer or seller will actually complete a transaction. JAYSHOPS is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers. JAYSHOPS does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the App. In particular, JAYSHOPS does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the App.JAYSHOPS accepts no liability for any errors or omissions, whether on behalf of itself or third parties. terms and policies JAYSHOPS cannot guarantee the true identity, age, and nationality of a user. JAYSHOPS does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, true identity, age, nationality etc.) of any of its Users. You are advised to independently verify the bonafides of any particular User that you choose to deal with on the App and use your best judgment on that behalf. You agree that JAYSHOPS is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on JAYSHOPS. You use the JAYSHOPS service at your own risk.
3. Buyer Policies
By purchasing an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful. JAYSHOPS is not responsible for the side effects one might endure by use of any item bought through the Website. JAYSHOPS recommends the buyer to look for other users' testimonials before making the purchase decision. We encourage you to post feedback on the seller after the sale is closed and product is delivered. While JAYSHOPS takes necessary steps and precautionary measures to ensure that the seller is genuine but we cannot and do not confirm the identity of all parties or guarantee the quality, safety or legality of any aspect of the items listed or the accuracy of the listings. The buyer acknowledges this risk while he agrees to this terms and conditions. We suggest all users employ common sense, terms and policies and encourage users to contact JAYSHOPS to report any and all suspicious behavior or misappropriation of the site service. Please be aware that even if you do not give JAYSHOPS your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
4. Cancellation Policy
The order would be cancelled and funds would be remitted to the buyer in the following eventualities: • Failure to accept the order within 48 hours • The seller needs to enter the dispatch days that he would take to ship out a product while creating his listing on the app. Failure to dispatch the order within the maximum dispatch date mentioned in the product listing • Unsuccessful attempts to pick up the order from the company by courier companies tied up with jayshops • Cancellation of order by the buyer
5. Live Chat Functionality
jayshops encourages its users to ‘CHAT’ amongst one another on the app to get more details of the listed product and/or customise it. However if a buyer and seller get into an agreement on CHAT which does not comply with jayshops guidelines and the terms listed on the sellers shop regarding the listing, both the seller and buyer need to notify jayshops about their mutual consent.
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6. Electronic Communications
When you use the App or send e-mails or other data, information or communication to JAYSHOPS , you agree and understand that you are communicating with JAYSHOPS through electronic records and you consent to receive communications via electronic records from JAYSHOPS periodically and as and when required.
7. Mobile Services
When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
8. No Guarantee
JAYSHOPS does not guarantee continuous, uninterrupted access to the App, and operation of the App may be interfered with by numerous factors outside JAYSHOPS control.
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9. No Warranty
JAYSHOPS and its suppliers, affiliates and service provider provide the App and services without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the App at your risk.
10. Feedback and Ratings
We encourage registered buyers and sellers on the App to provide feedback to each other after the transaction has closed; this helps all Users to know what it is like to deal with the said buyer/ seller. JAYSHOPS will not be responsible for the feedback that you post on the App and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents. As a seller, if you continue to receive negative feedback ratings or fail to delivery your order repeatedly, JAYSHOPS reserves the right to suspend your membership, and you will be unable to list or buy on the App.
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11. Questionable and Infringing Items and Activities
12. Your Information and Content
13. Control of Content
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14. User Disputes
You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Service and JAYSHOPS will have no liability or responsibility with respect thereto. JAYSHOPS reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Subject to these terms of Service Agreement, we grant you a personal, non-transferable and non-exclusive, revocable, limited right and license to access and use the contents of this app and services; provided that this app and the content provided in this app, including, but not limited to, graphic images, audio, video, HTML code, buttons, and text, may not be copied, modified, a derivative work of the app is created, reverse engineered, reproduced, reassembled, republished, uploaded, posted, transmitted, or distributed in any way, or otherwise any attempt to discover the source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the usage of this app and services , unless such activity is expressly permitted or required by law or has been expressly authorized in advance by us in writing except that you may download, display, and print one copy of the materials on any single computer solely for your personal use, and further provided that you keep intact all our copyright, trademark, and other proprietary notices.
terms and policies
16. Proprietary Rights Including Copyright and Trademarks
All domains, URLs, sub-domains, account names, usernames and other functional or identifying elements of the app are the property of JAYSHOPS . JAYHSOPS reserves the right to change, alter, reformat or edit such elements as appropriate for the course of business or need of the community. Accounts that are activated but remain empty with no items or information may be returned to an inactive pool or reassigned to other members. Reselling of usernames or sub-domains, squatting or speculating in such elements or on such pages is strictly prohibited and may result in termination of all related accounts. All material on the App owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials or use of the materials in any manner and for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights in such material, and is prohibited. Notwithstanding the foregoing, it is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the App for public viewing and reproduction/use of your content by third party users, you accept the User License terms and policies Agreement whereby you grant a non-exclusive license for the use of the same.
You shall indemnify and hold harmless JAYSHOPS and (as applicable), affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of the User Agreement, JAYSHOPS Rules and Policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
18. Limitation of Liability
In no event shall JAYSHOPS or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising under, out of, or in connection with, the App, its services or this Agreement (including tortuous claims arising thereof). JAYSHOPS liability in any circumstance is limited to the amount of fees, if any, paid by you toJAYSHOPS .JAYSHOPS , its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, terms and policies software, text, graphics, links or communications provided on or through the use of the App or that the operation of the App will be error free and/or uninterrupted. Consequently, JAYSHOPS assumes no liability whatsoever for any monetary or other damage suffered by you on account of: 1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App, which are incorporated by way of reference in this Agreement. 2. Any interruption or errors in the operation of the App. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if JAYSHOPS has been advised of the possibility of such damages).
If any portion of this agreement shall be held invalid by court of competent jurisdiction the remaining portions of the agreement shall remain in effect. Where modification to reflect intent or provide clarification to the service terms is allowed for any invalidated portion, such remedy shall be made first before any clause is held null and void. terms and policies
Unless otherwise explicitly stated, notices to JAYSHOPSmust be sent by mail or email toARJUN ENTERPRISES SRL,XXXXXXXXXXXXXXXX or email@example.com. Notices to you will be sent to the e-mail address or mail provided by you during the registration process. In the event that any transaction or attempted transaction relating to any item, good or service which violates this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform JAYSHOPS of the same. This Agreement sets forth the complete and entire understanding and agreement between You and JAYSHOPS with respect to the subject matter hereof. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the terms and policies provisions of any applicable law including exchange control laws or regulations for the time being in force. You shall not attempt to or circumvent or manipulate our fee structure, the billing process or fees owed to jayshops.