Terms and 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.
WELCOME TO JULLAAHA :
Jullaaha provides the content and services available on this website to you
subject to the following Terms and Conditions, our Privacy Policy, Payment
Policy and other terms and conditions and policies which you may find
throughout our website in connection with certain functionality, features or
promotions as well as customer service, all of which are deemed a part of and
included within these terms and conditions (collectively, “Terms and
Conditions”). By accessing or using this website, you are acknowledging that
you have read, understood, and you agree, without limitation or qualification, to
be bound by these Terms and Conditions in this Agreement, so please read this
carefully before proceeding.
PRIVACY :
Please review our privacy-policy so that you may understand our privacy
practices.
RETURN AND REFUND POLICY :
Please see our Return and Refund Policy to understand the return of products
and refund processes of our products.
PRODUCTS AND SERVICES FOR PERSONAL USE :
The products and services described on this website, and any samples thereof
we may provide to you, are for personal use only. You may not sell or resell any
of the products or services, or samples thereof, you receive from us. We reserve
the right, with or without notice, to cancel or reduce the quantity of any products
or services to be provided to you that we believe, in our sole discretion, may
result in the violation of our Terms and Conditions.
ACCURACY OF INFORMATION :
We attempt to be as accurate as possible when describing our products on the
website. However, except to the extent implied by applicable law, we do not
warrant that the product descriptions, colours, information or other content
available on the website are accurate, complete, reliable, current, or error-free.
INTELLECTUAL PROPERTY :
All information and content available on the website and its “look and feel”,
including but not limited to trademarks, logos, service marks, text, graphics,
logos, button icons, images, audio clips, data compilations and software, and
the compilation and organization thereof (collectively, the “Content”) is the
property of Jullaaha, our Affiliates, partners or licensors, and is protected by
laws of India, including laws governing all applicable forms of intellectual
property.
Except as set forth in the limited licenses in Section 6, or as required under
applicable law, neither the Content nor any portion of this website may be used,
reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise
exploited, in whole or in part, for any purpose without our express, prior written
consent.
LIMITED LICENSES :
We grant you a limited, revocable, and non-exclusive license to access and
make personal use of Jullaaha website. This limited license does not include the
right to: (a) frame or utilize framing techniques to enclose the website or any
portion thereof; (b) republish, redistribute, transmit, sell, license or download the
website or any and/or all Content (except caching or as necessary to view the
website); (c) make any use of the website or any and/or all Content other than
personal use; (d) modify, reverse engineer or create any derivative works based
upon either the website or any and/or all Content; (e) collect account information
for the benefit of yourself or another party; (f) use any meta tags or any other
“hidden text” utilizing any and/or all Content; or (g) use software robots, spiders,
crawlers, or similar data gathering and extraction tools, or take any other action
that may impose an unreasonable burden or load on our infrastructure. You
must retain, without modification, all proprietary notices on the website or affixed
to or contained in the website.
We also grant you a limited, revocable, and nonexclusive license to create a
hyperlink to the home page of the website for personal, non-commercial use
only. A website that links to the website (i) may link to, but not replicate, any
and/or all of our Content; (ii) may not imply that we are endorsing such website
or its services or products; (iii) may not misrepresent its relationship with us; (iv)
may not contain content that could be construed as distasteful, obscene,
offensive controversial or illegal or inappropriate for any ages; (v) may not
portray us or our products or services, in a false, misleading, derogatory, or
otherwise offensive or objectionable manner, or associate us with undesirable
products, services, or opinions; and (vi) may not link to any page of the website
other than the home page. We may, in our sole discretion, request that you
remove any link to the website, and upon receipt of such request, you shall
immediately remove such link and cease any linking unless separately and
expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Jullaaha website or any and/or all of our
Content automatically terminates the limited licenses set forth in this Section
without prejudice to any other remedy provided by applicable law or these
Terms and Conditions.
YOUR OBLIGATIONS AND RESPONSIBILITIES :
In the access or use of the Jullaaha website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use
posted on the website. You shall act always in accordance with the law, custom
and in good faith. You may not make any change or alteration to the website orany Content or services that may appear on this website and may not impair in
any way the integrity or operation of the website. Without limiting the generality
of any other provision of these Terms and Conditions, if you default negligently
or willfully in any of the obligations set forth in these Terms and Conditions, you
shall be liable under both criminal and civil law and for all the losses and
damages that this may be caused to Jullaaha, our Affiliates, partners or
licensors.
THIRD PARTY LINKS :
We are not responsible for the content of any off-website pages or any other
websites linked to or from the Jullaaha website. Links appearing on this website
are for convenience only and are not an endorsement by us, our affiliates or our
partners of the referenced content, product, service, or supplier. Your linking to
or from any off-website pages or other websites is at your own risk. We are in no
way responsible for examining or evaluating, and we do not warrant the
offerings of, off-website pages or any other websites linked to or from the site,
nor do we assume any responsibility or liability 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.
SPECIAL FEATURES, FUNCTIONALITY AND EVENTS :
Jullaaha may offer certain special features and functionality or events (such as
contests, promotions or other offerings) which may (a) be subject to terms of
use, rules and/or policies in addition to or in lieu of these Terms and Conditions;
and (b) be offered by us or by third parties. If so, we will notify you of this and if
you choose to take advantage of these offerings, you agree that your use of
those offerings will be subject to such additional or separate terms of use, rules
and/or policies.
SUBMISSIONS:
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our
policy with regard to unsolicited suggestions and ideas, any inquiries, feedback,
suggestions, ideas or other information you provide us (collectively,
“Submissions”) will be treated as non-proprietary and non-confidential. Subject
to the terms of our Privacy Policy, by transmitting or posting any Submission,
you hereby grant us the right to copy, use, reproduce, modify, adapt, translate,
publish, license, distribute, sell or assign the Submission in any way as we see
fit, including but not limited to copying in whole or in part, creating derivative
works from, distributing and displaying any Submission in any form, media, or
technology, whether now known or hereafter developed, alone or as part of
other works, or using the Submission within or in connection with our products
or services. You also acknowledge that your Submission will not be returned
and we may use your Submission, and any ideas, concepts or know how
contained therein, without payment of money or any other form of consideration,
for any purpose including, without limitation, developing, manufacturing,
distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise
control the rights to your Submission. You further represent and warrant that
such Submission does not constitute or contain software viruses, commercial
solicitation, chain letters, mass mailings, or any form of “spam”. You may not
use a false email address, impersonate any person or entity, or otherwise
mislead us as to the origin of any Submission. You agree to indemnify us for all
claims arising from or in connection with any claims to any rights in any
Submission or any damages arising from any Submission.
USER CONTENT :
When you transmit, upload, post, e-mail or otherwise make available data, text,
software, music, sound, photographs, graphics, images, videos, messages or
other materials (“User Content”) on the website, you are entirely responsible for
such User Content. Such User Content constitutes a Submission. This means
that all third parties, and not we, are entirely responsible in toto for all User
Content that they post to the website. You agree not to engage in or assist or
encourage others to engage in transmitting, uploading, posting, e-mailing or
otherwise making available on the website User Content that (a) is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
pornographic, libelous, invasive of another’s privacy, hateful, or racially,
ethnically or otherwise objectionable; (b) you do not have a right to make
available under any law or under contractual or fiduciary relationships; (c) is
known by you to be false, inaccurate or misleading; (d) you were compensated
for or granted any consideration by any third party; or (e) infringes any patent,
trademark, trade secret, copyright or other proprietary and/or intellectual
property rights of any party. In addition, you agree not to transmit, upload, post,
e-mail, or otherwise make available any software viruses, unsolicited or
unauthorized advertising, solicitation or promotional material, including chain
letters, mass mailings, or any form of “spam”. You further agree not to (i)
impersonate any person or entity, or falsely state or otherwise misrepresent your
affiliation with any person or entity; (ii) “stalk” or otherwise harass including
advocating harassment of another, entrap or harm any third party including
harming minors in any way; (iii) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any User Content; (iv) intentionally or
unintentionally violate any applicable local, state, national or international law;
or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the
Jullaaha website and therefore, we do not guarantee the accuracy, integrity or
quality of User Content. You understand that by using this website, you may be
exposed to User Content that is offensive, indecent or objectionable to you.
Under no circumstances will we 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 website.
You acknowledge that we have the right (but not the obligation) in our sole
discretion to refuse to post or remove any User Content and we reserve 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, we have
the right to remove any User Content that violates these Terms and Conditions
or is otherwise objectionable and we reserve the right to refuse service without
prior notice for any users who violate these Terms and Conditions or infringe the
rights of others.
COPYRIGHT COMPLAINTS :
We respect the intellectual property of others. If you believe that copyrighted
materials have been copied in a way that constitutes copyright infringement,
please send an email or written notice to us for notices of infringement and
provide the following: (i) identification of the copyrighted work(s) that you claim
has been infringed and that you are the copyright owner or authorized to act on
the copyright owner’s behalf; (ii) a description of the material that you claim is
infringing and the location of the material on the website; (iii) your address,
telephone number and email address to: care@jullaaha.com
Note: The above contact information is provided exclusively for notifying
Jullaaha that copyrighted material may have been infringed and no. Other
inquiries will receive a response through this process and should be directed to
our customer service group by email at: care@jullaaha.com
REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY :
Jullaaha website is presented “As Is”. We make no representations or
warranties of any kind whatsoever, express or implied, in connection with these
terms and conditions or the site, 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, we will not 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, mis-
delivery, 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 website; (e) computer 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 our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any
indirect, special, punitive, incidental, or consequential damages of any kind
(including lost profits) related to the website 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 Indian Rupees 1,000/- (Rupees
one thousand only).
You agree that no claims or action arising out of, or related to, the use of the
website 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.
INDEMNIFICATION :
You agree to defend, indemnify and hold us harmless for any loss, damages or
costs, including reasonable attorneys’ fees, resulting from any third party claim,
action, or demand resulting from your use of Jullaaha products or breach of
these Terms and Conditions. You also agree to indemnify us for any loss,
damages, or costs, including reasonable attorneys’ fees, resulting from your use
of software robots, spiders, crawlers, or similar data gathering and extraction
tools, or any other action you take that imposes an unreasonable burden or load
on our infrastructure.
DISPUTES :
With respect to any dispute regarding the website, all rights and obligations and
all actions contemplated by these Terms and Conditions shall be governed by
the laws of India and the courts of Chennai, India, as if the Terms and
Conditions were a contract wholly entered into and wholly performed within
Chennai, India, subject to foreign legal mandatory provisions. To the fullest
extent permitted by applicable law, any dispute, differences or claim arising out
of your visit to the Jullaaha website shall be referred to the sole Arbitrator
appointed by the Managing Director of Jullaaha in accordance with the law. The
venue of such arbitration shall be at Chennai, India and the award of the
Arbitrator shall be final and binding on all parties and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under these Terms and Conditions shall be
joined to an arbitration involving any other party subject to this Terms and
Conditions, whether through class arbitration proceedings or otherwise.
To the extent arbitration is not permitted by applicable law, any dispute relating
in any way to your visit to the website shall be submitted to an appropriate court
or other judicial body in Chennai, India, as applicable, without prejudice to the
applicable law and all applicable provisions of this Section, and subject to our
right to seek injunctive or other appropriate relief in any court, if you have in any
manner violated or threatened to violate our intellectual property rights and you
consent to exclusive jurisdiction and venue in such courts.
CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE
WEBSITE AND VIA EMAIL :
You consent to receive any agreements, notices, disclosures and other
communications (collectively, “Notices”) to which these Terms and Conditions
refer from us electronically including without limitation by email or by posting
notices on this website. You agree that all Notices that we provide to you
electronically satisfy any legal requirement that such communications be in
writing in English. To withdraw your consent to receive Notices electronically,
you must notify us of your withdrawal of such consent by emailing us at:
care@jullaaha.com and discontinue your use of this website. In such event, all
rights granted to you pursuant to these Terms and Conditions, including but not
limited to the limited licenses set forth in Section 6 hereof, shall automatically
terminate. Unfortunately, we cannot provide the benefits of this website to any
user that cannot consent to receipt of Notices electronically.
Please note that this consent to receive Notices is entirely separate from any
election you may make with respect to receipt of marketing communications.
Your options with respect to receipt of marketing communications are set forth in
our Privacy Policy.
GENERAL :
You acknowledge and agree that these Terms and Conditions constitute the
complete and exclusive agreement between us concerning your use of the
website, and supersede and govern all prior proposals, agreements, or other
communications.
We reserve the right, in our sole discretion, to change these Terms and
Conditions at any time by posting the changes on the website and without
providing notice of such change. Any changes are effective immediately upon
posting to the Site and with or without release of notice of such change. Your
continued use of the website thereafter constitutes your acceptance 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 website.
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.
If you have any questions regarding these Terms and Conditions, please email
us at: care@jullaaha.com