TERMS & CONDITIONS
Welcome to JUST SHOP Market.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.
Terms and Conditions
Last
updated: October 30, 2024
Please
read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The
words of which the initial letter is capitalized have meanings defined under
the following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.
Definitions
For the
purposes of these Terms and Conditions:
Application
means the software program provided by the Company downloaded by you on any
electronic device, named JUST SHOP
Application
Store means the digital distribution service operated and developed by Apple
Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the
Application has been downloaded.
Affiliate
means an entity that controls, is controlled by or is under common control with
a party, where "control" means ownership of 50% or more of the
shares, equity interest or other securities entitled to vote for election of
directors or other managing authority.
Country
refers to: India
Company
(referred to as either "the Company", "We", "Us"
or "Our" in this Agreement) refers to SLAJ JUSSTSHOP ENTERPRISES PVT.
LTD., 3rd Floor, Orchid Center, Sector 53, GURUGRAM, H.R. (INDIA) 122002.
Device
means any device that can access the Service such as a computer, a cell phone
or a digital tablet.
Service
refers to the Application or the Website or both.
Terms
and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between you and the Company regarding
the use of the Service. This Terms and Conditions agreement has been created
with the help of the Terms and Conditions Generator.
Third-party
Social Media Service means any services or content (including data,
information, products or services) provided by a third-party that may be
displayed, included or made available by the Service.
Website
refers to JUST SHOP, accessible from http://www.just-shop.in
You mean
the individual accessing or using the Service, or the company, or other legal
entity on behalf of which such individual is accessing or using the Service, as
applicable.
Acknowledgment
These
are the Terms and Conditions governing the use of this Service and the
agreement that operates between you and the Company. These Terms and Conditions
set out the rights and obligations of all users regarding the use of the
Service.
Your
access to and use of the Service is conditioned on your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply to
all visitors, users and others who access or use the Service.
By
accessing or using the Service You agree to be bound by these Terms and
Conditions. If you disagree with any part of these Terms and Conditions then you
may not access the Service.
You represent
that you are over the age of 18. The Company does not permit those under 18 to
use the Service.
Your
access to and use of the Service is also conditioned on your acceptance of and
compliance with the Privacy Policy of the Company. Our Privacy Policy describes
our policies and procedures on the collection, use and disclosure of your
personal information when you use the Application or the Website and tells you
about your privacy rights and how the law protects you. Please read Our Privacy
Policy carefully before using Our Service.
When
You use any of the services provided by Us through the Website,
including but not limited to, (e.g. Product Reviews, Seller Reviews), You
will be subject to the rules, guidelines, policies, terms, and conditions
applicable to such service, and they shall be deemed to be incorporated
into this Terms of Use and shall be considered as part and parcel of this
Terms of Use. We reserve the right, at our sole discretion, to change,
modify, add or remove portions of these Terms of Use, at any time without
any prior written notice to you. It is your responsibility to review these
Terms of Use periodically for updates / changes. Your continued use of the
Website following the posting of changes will mean that you accept
and agree to the revisions. As long as you comply with these Terms of Use,
We grant you a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Website.
ACCESSING,
BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE
TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF
USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting
these Terms of Use, You also accept and agree to be bound by JUST SHOP
Policies ((including but not limited to Privacy Policy available on
(privacy policy) as amended from time to time.
Links to Other Websites
Our
Service may contain links to third-party web sites or services that are not
owned or controlled by the Company.
The
Company has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party web sites or services. You
further acknowledge and agree that the Company shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of or reliance on any such content,
goods or services available on or through any such web sites or services.
We
strongly advise you to read the terms and conditions and privacy policies of
any third-party web sites or services that you visit.
Membership Eligibility
Use of
the Website is available only to persons who can form legally
binding contracts under Indian Contract Act, as a minor if you wish
to use or transact on website, such use or transaction may be made by
your legal guardian or parents on the Website. JUST SHOP reserves the
right to terminate 1872. Persons who are "incompetent
to contract" within the meaning of the Indian Contract Act, 1872
including minors, un-discharged insolvents etc. are not eligible to use
the Website. If you are a minor i.e. under the age of 18 years, you shall
not register as a User of the JUST SHOP website and shall not transact on
or use the website your membership and / or refuse to provide you with access
to the Website if it is brought to JUST SHOP's notice or if it is
discovered that you are under the age of 18 years.
Your Account and Registration Obligations
If you
use the Website, You shall be responsible for maintaining
the confidentiality of your Display Name and Password and you shall be
responsible for all activities that occur under your Display Name and
Password. You agree that if You provide any information that is untrue,
inaccurate, not current or incomplete or We have reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, or not in accordance with the this Terms of Use, We shall have
the right to indefinitely suspend or terminate or block access of your
membership on the Website and refuse to provide You with access to the
Website.
Termination
We may
terminate or suspend your access immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if you
breach these Terms and Conditions.
Upon
termination, your right to use the Service will cease immediately.
Communications
When
You use the Website or send emails or other data, information
or communication to us, You agree and understand that You are
communicating with Us through electronic records and You consent to
receive communications via electronic records from Us periodically and as
and when required. We may communicate with you by email or by such other
mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The
Website is a platform that Users utilize to meet and interact with one
another for their transactions. JUST SHOP is not and cannot be a party to
or control in any manner any transaction between the Website's Users.
Henceforward:
1. All
commercial/contractual terms are offered by and agreed to between
Buyers and Sellers alone. The commercial/contractual terms include without
limitation price, shipping costs, payment methods, payment terms, date,
period and mode of delivery, warranties related to products and services
and after sales services related to products and services. JUST SHOP does
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.
2.
JUST SHOP does not make any representation or Warranty as to specifics
(such as quality, value, salability, etc) of the products or services
proposed to be sold or offered to be sold or purchased on the Website.
JUST SHOP does not implicitly or explicitly support or endorse the sale or
purchase of any products or services on the Website. JUST SHOP accepts no
liability for any errors or omissions, whether on behalf of itself or
third parties.
3.
JUST SHOP is not responsible for any non-performance or breach of any contract entered
into between Buyers and Sellers. JUST SHOP cannot and does not
guarantee that the concerned Buyers and/or Sellers will perform any
transaction concluded on the Website. JUST SHOP shall not and is not
required to mediate or resolve any dispute or disagreement between Buyers
and Sellers.
4. JUST
SHOP does not make any representation or warranty as to the
item-specifics (such as legal title, creditworthiness, identity, etc) of
any of its Users. You are advised to independently verify the bona fides
of any particular User that you choose to deal with on the Website and use
your best judgment in that behalf.
5. JUST
SHOP does not at any point of time during any transaction between
Buyer and Seller on the Website come into or take possession of any of the
products or services offered by Seller nor does it at any point gain title
to or have any rights or claims over the products or services offered by
Seller to Buyer.
6. At
no time shall JUST SHOP hold any right, title or interest over the products nor shall
JUST SHOP have any obligations or liabilities in respect of such contract
entered into between Buyers and Sellers. JUST SHOP is not responsible for
unsatisfactory or delayed performance of services or damages or delays as
a result of products which are out of stock, unavailable or back ordered.
7. The
Website is only a platform that can be utilized by Users to reach a
larger base to buy and sell products or services. JUST SHOP is only
providing a platform for communication and it is agreed that the contract
for sale of any of the products or services shall be a strictly bipartite
contract between the Seller and the Buyer.
At no
time shall JUST SHOP hold any right, title or interest over the
products nor shall JUST SHOP have any obligations or liabilities in
respect of such contract.
JUST
SHOP is not responsible for unsatisfactory or delayed performance of
services or damages or delays as a result of products which are out of
stock, unavailable or back ordered.
8.
You shall independently agree upon the manner and terms and conditions
of delivery, payment, insurance etc. with the seller(s) that you transact
with.
Disclaimer: Pricing
on any product(s) as is reflected on the Website may due to some technical
issue, typographical error or product information published by seller may
be incorrectly reflected and in such an event seller may cancel such your
order(s).
9.
You release and indemnify JUST SHOP and/or any of its officers
and representatives from any cost, damage, liability or other consequence
of any of the actions of the Users of the Website and specifically waive
any claims that you may have in this behalf under any applicable law.
Notwithstanding its reasonable efforts in that behalf, JUST SHOP cannot
take responsibility or control the information provided by other Users
which is made available on the Website. You may find other User's
information to be offensive, harmful, inconsistent, inaccurate,
or deceptive. Please use caution and practice safe trading when using the
Website.
Please
note that there could be risks in dealing with underage persons or
people acting under false pretence.
Charges
Membership
on the Website is free for buyers. JUST SHOP does not charge any fee for
browsing and buying on the Website. JUST SHOP reserves the right to change its
Fee Policy from time to time. In particular, JUST SHOP may at its sole
discretion introduce new services and modify some or all of the existing
services offered on the Website. In such an event JUST SHOP reserves the right
to introduce fees for the new services offered or amend/introduce fees for
existing services, as the case may be. Changes to the Fee Policy shall be
posted on the Website and such changes shall automatically become effective
immediately after they are posted on the Website. Unless otherwise stated, all
fees shall be quoted in Indian Rupees. You shall be solely responsible for
compliance of all applicable laws including those in India for making payments
to SLAJ JUSSTSHOP ENTERPRISES PVT. LTD.
Use of the
Website
You
agree, undertake and confirm that your use of Website shall be
strictly governed by the following binding principles:
1.
You shall not host, display, upload, modify, publish, transmit, update or
share any information which:
(a)
belongs to another person and to which you does not have any right to;
(b) is
grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, pedophilic, libelous, 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; or unlawfully threatening or unlawfully
harassing including but not limited to "indecent representation of
women" within the meaning of the Indecent Representation of Women
(Prohibition) Act, 1986;
(c) is
misleading in any way;
(d) is
patently offensive to the online community, such as sexually
explicit content, or content that promotes obscenity, pedophilia, racism,
bigotry, hatred or physical harm of any kind against any group or individual;
(e) Harasses
or advocates harassment of another person;
(f) Involves
the transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming";
(g)
promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
(h)
infringes upon or violates any third party's rights [including, but not
limited to, intellectual property rights, rights of privacy (including
without limitation unauthorized disclosure of a person's name, email
address, physical address or phone number) or rights of publicity];
(i)
promotes an illegal or unauthorized copy of another person's copyrighted
work (see "Copyright complaint" below for instructions on how to
lodge a complaint about uploaded copyrighted material), such as providing
pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files;
(j)
contains restricted or password-only access pages, or hidden pages or
images (those not linked to or from another accessible page);
(k) Provides
material that exploits people in a sexual, violent or
otherwise inappropriate manner or solicits personal information from
anyone;
(l) Provides
instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
(m)
contains video, photographs, or images of another person (with a minor
or an adult).
(n)
tries to gain unauthorized access or exceeds the scope of authorized
access to the Website or to profiles, blogs, communities, account
information, bulletins, friend request, or other areas of the Website or
solicits passwords or personal identifying information for commercial or unlawful
purposes from other users;
(o) Engages
in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising and pyramid schemes, or
the buying or selling of "virtual" products related to the Website.
Throughout this Terms of Use, JUST SHOP's prior written consent means a
communication coming from JUST SHOP's Legal Department, specifically in
response to your request, and specifically addressing the activity or
conduct for which you seek authorization;
(p) Solicits
gambling or engages in any gambling activity which we, in our
sole discretion, believes is or could be construed as being illegal;
(q) Interferes
with another USER's use and enjoyment of the Website or any other
individual's User and enjoyment of similar services;
(r) Refers
to any website or URL that, in our sole discretion, contains material that
is inappropriate for the Website or any other website, contains content
that would be prohibited or violates the letter or spirit of these Terms
of Use.
(s) Harm
minors in any way;
(t)
infringes any patent, trademark, copyright or other proprietary rights or
third party's trade secrets or rights of publicity or privacy or shall not
be fraudulent or involve the sale of counterfeit or stolen products;
(u)
violates any law for the time being in force;
(v) Deceives
or misleads the addressee/ users about the origin of such messages or
communicates any information which is grossly offensive or menacing
in nature;
(w) Impersonate
another person;
(x) contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer resource; or
contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs
or other computer programming routines that may damage, detrimentally
interfere with, diminish value of, surreptitiously intercept or
expropriate any system, data or personal information;
(y) 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 any other nation.
(z) Shall
not be false, inaccurate or misleading;
(aa)
shall not, directly or indirectly, offer, attempt to offer, trade or attempt
to trade in any item, the dealing of which is prohibited or restricted in
any manner under the provisions of any applicable law, rule, regulation or
guideline for the time being in force.
(ab)
shall not create liability for us or cause us to lose (in whole or in part)
the services of our internet service provider ("ISPs") or other
suppliers;
3.
You shall not attempt to gain unauthorized access to any portion or feature
of the Website, or any other systems or networks connected to the Website
or to any server, computer, network, or to any of the services offered on
or through the Website, by hacking, password "mining" or any
other illegitimate means.
4.
You shall not probe, scan or test the vulnerability of the Website or
any network connected to the Website nor breach the security or
authentication measures on the Website or any network connected to the
Website. You may not reverse look-up, trace or seek to trace any
information on any other User of or visitor to Website, or any other
customer, including any account on the Website not owned by You, to its
source, or exploit the Website or any service or information made
available or offered by or through the Website, in any way where the
purpose is to reveal any information, including but not limited to
personal identification or information, other than Your own information,
as provided for by the Website.
5.
You shall not make any negative, denigrating or defamatory statement(s)
or comment(s) about Us or the brand name or domain name used by Us
including the terms JUST SHOP or otherwise engage in any conduct or
action that might tarnish the image or reputation, of JUST SHOP or sellers
on platform or otherwise tarnish or dilute any JUST SHOP's trade or
service marks, trade name and/or goodwill associated with such trade or
service marks, trade name as may be owned or used by us. You agree that you
will not take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of the Website or JUST SHOP's systems or
networks, or any systems or networks connected to JUST SHOP.
6.
You agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Website or any
transaction being conducted on the Website, or with any other person's use
of the Website.
7.
You may not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any message or transmittal you send to us on or
through the Website or any service offered on or through the Website. You
may not pretend that you are, or that you represent, someone else, or
impersonate any other individual or entity.
8.
You may not use the Website or any content for any purpose that is
unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity which infringes the
rights of JUST SHOP and / or others.
9.
You shall at all times ensure full compliance with the applicable
provisions of the Information Technology Act, 2000 and rules there under
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, Octroi,
Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use
of Our service and Your listing, purchase, solicitation of offers to
purchase, and sale of products or services. You shall not engage in
any transaction in an item or service, which is prohibited by the
provisions of any applicable law including exchange control laws or
regulations for the time being in force.
10.
Solely to enable Us to use the information You supply Us with, so that we
are not violating any rights You might have in Your Information, You agree
to grant Us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) right to exercise
the copyright, publicity, database rights or any other rights You have in
Your Information, in any media now known or not currently known, with
respect to Your Information. We will only use your information in
accordance with the Terms of Use and Privacy Policy applicable to use of
the Website.
11.
From time to time, you shall be responsible for providing information
relating to the products or services proposed to be sold by you. In this
connection, you undertake that all such information shall be accurate in
all respects. You shall not exaggerate or over emphasize the attributes of
such products or services so as to mislead other Users in any manner.
12.
You shall not engage in advertising to, or solicitation of, other Users of
the Website to buy or sell any products or services, including, but not
limited to, products or services related to that being displayed on the
Website or related to us. You may not transmit any chain letters or
unsolicited commercial or junk email to other Users via the Website. It
shall be a violation of these Terms of Use to use any information obtained
from the Website in order to harass, abuse, or harm another person, or in
order to contact, advertise to, solicit, or sell to another person other
than Us without Our prior explicit consent. In order to protect Our Users
from such advertising or solicitation, We reserve the right to restrict
the number of messages or emails which a user may send to other Users in
any 24-hour period which We deems appropriate in its sole discretion.
You understand that we have the right at all times to disclose any
information (including the identity of the persons providing information
or materials on the Website) as necessary to satisfy any law, regulation
or valid governmental request. This may include, without limitation,
disclosure of the information in connection with investigation of alleged
illegal activity or solicitation of illegal activity or in response to a lawful
court order or subpoena. In addition, We can (and You hereby expressly
authorize Us to) disclose any information about You to law enforcement or
other government officials, as we, in Our sole discretion, believe
necessary or appropriate in connection with the investigation
and/or resolution of possible crimes, especially those that may involve
personal injury.
We
reserve the right, but have no obligation, to monitor the materials posted
on the Website. JUST SHOP shall have the right to remove or edit any
content that in its sole discretion violates, or is alleged to violate,
any applicable law or either the spirit or letter of these Terms of Use.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT
OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect
JUST SHOP views. In no event shall JUST SHOP assume or have any
responsibility or liability for any Content posted or for any claims,
damages or losses resulting from use of Content and/or appearance of
Content on the Website. You hereby represent and warrant that you have all
necessary rights in and to all Content which you provide and
all information it contains and that such Content shall not infringe any
proprietary or other rights of third parties or contain any libelous, tortuous,
or otherwise unlawful information.
13.
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Website, including
payment and delivery of related products or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between You and such advertiser. We shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers on the
Website.
14.
It is possible that other user (including unauthorized users or
"hackers") may post or transmit offensive or obscene materials
on the Website and that you may be involuntarily exposed to such offensive
and obscene materials. It also is possible for others to obtain personal
information about you due to your use of the Website, and that the
recipient may use such information to harass or injure you. We does not
approve of such unauthorized uses, but by using the Website You
acknowledge and agree that We are not responsible for the use of any
personal information that You publicly disclose or share with others on
the Website. Please carefully select the type of information that you
publicly disclose or share with others on the Website.
15.
JUST SHOP shall have all the rights to take necessary action and claim
damages that may occur due to your involvement/participation in any way on
your own or through group/s of people, intentionally or unintentionally in
DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All
text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music and artwork (collectively,
"Content"), is a third party user generated content and JUST
SHOP has no control over such third party user generated content as JUST
SHOP is merely an intermediary for the purposes of this Terms of Use.
Except
as expressly provided in these Terms of Use, no part of the Website and no
Content may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any
way (including "mirroring") to any other computer, server, Website
or other medium for publication or distribution or for any commercial
enterprise, without JUST SHOP's express prior written consent.
You may
use information on the products and services purposely made available on
the Website for downloading, provided that You (1) do not remove
any proprietary notice language in all copies of such documents, (2) use
such information only for your personal, non-commercial informational
purpose and do not copy or post such information on any networked computer
or broadcast it in any media, (3) make no modifications to any such
information, and (4) do not make any additional representations or
warranties relating to such documents.
You
shall be responsible for any notes, messages, emails, billboard
postings, photos, drawings, profiles, opinions, ideas, images, videos,
audio files or other materials or information posted or transmitted to the
Website (collectively, "Content"). Such Content will become our
property and you grant us the worldwide, perpetual and transferable rights
in such Content. We shall be entitled to, consistent with Our Privacy
Policy as adopted in accordance with applicable law, use the Content or
any of its elements for any type of use forever, including but not limited
to promotional and advertising purposes and in any media whether now known
or hereafter devised, including the creation of derivative works that may
include the Content You provide. You agree that any Content You post may
be used by us, consistent with Our Privacy Policy and Rules of Conduct on
Site as mentioned herein, and you are not entitled to any payment or other
compensation for such use.
Privacy
We view
protection of your privacy as a very important principle. We
understand clearly that You and Your Personal Information is one of our
most important assets. We store and process Your Information including any
sensitive financial information collected (as defined under the
Information Technology Act, 2000), if any, on computers that may be
protected by physical as well as reasonable technological security
measures and procedures in accordance with Information Technology Act 2000
and Rules there under. Our current Privacy Policy is available at
/s/privacypolicy. If you object to Your Information being transferred or
used in this way please do not use Website.
We
and our affiliates will share / sell / transfer / license / covey some or all
of your personal information with another business entity should we (or
our assets) plan to merge with or are acquired by that business entity, or
re-organization, amalgamation, restructuring of business or for any other
reason whatsoever. Should such a transaction or situation occur, the other
business entity or the new combined entity will be required to follow the
privacy policy with respect to your personal information. Once you provide
your information to us, you provide such information to us and our
affiliate and we and our affiliate may use such information to provide you
various services with respect to your transaction whether such transaction
are conducted on www.JUST SHOP.com or with third party merchant's or third
party merchant's website.
Disclaimer of Warranties and Liability
This
Website, all the materials and products (including but not limited
to software) and services, included on or otherwise made available to you through
this site are provided on "as is" and "as available" basis
without any representation or warranties, express or implied except
otherwise specified in writing. Without prejudice to the forgoing
paragraph, JUST SHOP does not warrant that:
• This
Website will be constantly available, or available at all; or
• The
information on this Website is complete, true, accurate or non-misleading.
Nothing
on Website constitutes, or is meant to constitute, advice of any kind. All
the Products sold on Website are governed by different state laws and if
Seller is unable to deliver such Products due to implications of different
state laws, Seller will return or will give credit for the amount (if any)
received in advance by Seller from the sale of such Product that could not
be delivered to You.
You
will be required to enter a valid phone number while placing an order on
the Website. By registering your phone number with us, you consent to be
contacted by us via phone calls and/or SMS notifications, in case of any
order or shipment or delivery related updates. We will not use your
personal information to initiate any promotional phone calls or SMS.
As
a registered seller, you are allowed to list item(s) for sale on the Website in
accordance with the Policies which are incorporated by way of reference in this
Terms of Use. You must be legally able to sell the item(s) you list for sale on
our Website. You must ensure that the listed items do not infringe upon the
intellectual property, trade secret or other proprietary rights or rights of
publicity or privacy rights of third parties. Listings may only include text
descriptions, graphics and pictures that describe your item for sale. All
listed items must be listed in an appropriate category on the Website. All
listed items must be kept in stock for successful fulfillment of sales.
Services
Payment
While
availing any of the payment method/s available on the Website, we will not
be responsible or assume any liability, whatsoever in respect of any loss
or damage arising directly or indirectly to you due to:
Lack
of authorization for any transaction/s, or
Exceeding
the preset limit mutually agreed by you and between "Bank/s", or
Any
payment issues arising out of the transaction, or
Decline
of transaction for any other reason/s
All
payments made against the purchases/services on Website by you shall be compulsorily
in Indian Rupees acceptable in the Republic of India. Website will not
facilitate transaction with respect to any other form of currency with
respect to the purchases made on Website.
Before
shipping / delivering your order to you, Seller may request you to
provide supporting documents (including but not limited to Govt. issued ID
and address proof) to establish the ownership of the payment instrument
used by you for your purchase. This is done in the interest of providing a
safe online shopping environment to Our Users. Further:
1.
Transactions, Transaction Price and all commercial terms such as
Delivery, Dispatch of products and/or services are as per principal to
principal bipartite contractual obligations between Buyer and Seller and
payment facility is merely used by the Buyer and Seller to facilitate the
completion of the Transaction. Use of the payment facility shall not
render JUST SHOP liable or responsible for the non-delivery, non-receipt,
non-payment, damage, breach of representations and warranties,
non-provision of after sales or warranty services or fraud as regards the
products and /or services listed on JUST SHOP's Website.
2. You
have specifically authorized JUST SHOP or its service providers
to collect, process, facilitate and remit payments and / or the
Transaction Price electronically or through Cash on Delivery to and from
other Users in respect of transactions through Payment Facility. Your
relationship with JUST SHOP is on a principal to principal basis and by
accepting these Terms of Use you agree that JUST SHOP is an independent
contractor for all purposes, and does not have control of or liability for
the products or services that are listed on JUST SHOP's Website that are
paid for by using the Payment Facility. JUST SHOP does not guarantee
the identity of any User nor does it ensure that a Buyer or a Seller will
complete a transaction.
3. You
understand, accept and agree that the payment facility provided by JUST
SHOP is neither a banking nor financial service but is merely a
facilitator providing an electronic, automated online electronic payment,
receiving payment through Cash On Delivery, collection and remittance
facility for the Transactions on the JUST SHOP Website using the existing
authorized banking infrastructure and Credit Card payment gateway
networks. Further, by providing Payment Facility, JUST SHOP is neither
acting as trustees nor acting in a fiduciary capacity with respect to the
Transaction or the Transaction Price.
Payment Facility for Buyers:
• You,
as a Buyer, understand that upon initiating a Transaction You are entering
into a legally binding and enforceable contract with the Seller
to purchase the products and /or services from the Seller using the
Payment Facility, and you shall pay the Transaction Price through Your
Issuing Bank to the Seller using Payment Facility.
• You,
as a Buyer, may agree with the Seller through electronic communication and
electronic records and using the automated features as may be provided by
Payment Facility on any extension / increase in the Dispatch and/or
Delivery time and the Transaction shall stand amended to such extent. Any
such extension / increase of Dispatch / Delivery time or subsequent notation
/ variation of the Transaction should be in compliance with Payment
Facility Rules and Policies.
• You,
as a Buyer, shall electronically notify Payment Facility using
the appropriate JUST SHOP Website features immediately upon Delivery or
non Delivery within the time period as provided in Policies. Non
notification by You of Delivery or non Delivery within the time period
specified in the Policies shall be construed as a deemed Delivery in
respect of that Transaction. In case of Cash on Delivery transactions,
Buyer is not required to confirm the receipt of products or services.
• You,
as a Buyer, shall be entitled to claim a refund of the Transaction Price
(as Your sole and exclusive remedy) in case You do not receive
the Delivery within the time period agreed in the Transaction or within
the time period as provided in the Policies, whichever is earlier. In case
you do not raise a refund claim using Website features within the
stipulated time than this would make you ineligible for a refund.
• You,
as a Buyer, understand that the Payment Facility may not be available in
full or in part for certain category of products and/or services and/or
Transactions as mentioned in the Policies and hence you may not
be entitled to a refund in respect of the Transactions for those products
and /or services
•
Except for Cash on Delivery transaction, refund, if any, shall be made
at the same Issuing Bank from where Transaction Price was received.
• For
Cash on Delivery transactions, refunds, if any, will be made via demand
draft in favor of the Buyer (As per registration details provided by the
Buyer)
•
Refund shall be made in Indian Rupees only and shall be equivalent to
the Transaction Price received in Indian Rupees.
• For
electronics payments, refund shall be made through payment facility using
NEFT / RTGS or any other online banking / electronic funds transfer system
approved by Reserve Bank India (RBI).
•
Refund shall be conditional and shall be with recourse available to JUST
SHOP in case of any misuse by Buyer.
•
Refund shall be subject to Buyer complying with Policies.
4. JUST
SHOP reserves the right to impose limits on the number of Transactions
or Transaction Price which JUST SHOP may receive from on an individual
Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other
infrastructure or any other financial instrument directly or indirectly
through payment aggregator or through any such facility authorized by
Reserve Bank of India to provide enabling support facility for collection
and remittance of payment or by an individual Buyer during any time
period, and reserves the right to refuse to process Transactions exceeding
such limit.
5. JUST
SHOP reserves the right to refuse to process Transactions by Buyers with
a prior history of questionable charges including without limitation
breach of any agreements by Buyer with JUST SHOP or breach/violation of
any law or any charges imposed by Issuing Bank or breach of any policy.
6. JUST
SHOP may do such checks as it deems fit before approving the receipt of/Buyers
commitment to pay (for Cash on Delivery transactions) Transaction Price from
the Buyer for security or other reasons at the discretion of JUST SHOP. As
a result of such check if JUST SHOP is not satisfied with the
creditability of the Buyer or genuineness of the Transaction / Transaction
Price, it will have the right to reject the receipt of / Buyers commitment
to pay Transaction Price.
7. JUST
SHOP may delay notifying the payment confirmation i.e. informing Seller
to Dispatch, if JUST SHOP deems suspicious or for Buyers conducting high
transaction volumes to ensure safety of the Transaction and Transaction
Price. In addition, JUST SHOP may hold Transaction Price and JUST SHOP may
not inform Seller to Dispatch or remit Transaction Price to law
enforcement officials (instead of refunding the same to Buyer) at the
request of law enforcement officials or in the event the Buyer is engaged
in any form of illegal activity.
8. The
Buyer and Seller acknowledge that JUST SHOP will not be liable for
any damages, interests or claims etc. resulting from not processing a
Transaction/Transaction Price or any delay in processing a
Transaction/Transaction Price which is beyond control of JUST SHOP.
Limitation of Liability
Notwithstanding
any damages that you might incur, the entire liability of the Company and any
of its suppliers under any provision of this Terms and Your exclusive remedy
for all of the foregoing shall be limited to the amount actually paid by you
through the Service or 100 USD if you haven't purchased anything through the
Service.
To the
maximum extent permitted by applicable law, in no event shall the Company or
its suppliers be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, but not limited to, damages for loss of profits,
loss of data or other information, for business interruption, for personal
injury, loss of privacy arising out of or in any way related to the use of or
inability to use the Service, third-party software and/or third-party hardware
used with the Service, or otherwise in connection with any provision of this
Terms), even if the Company or any supplier has been advised of the possibility
of such damages and even if the remedy fails of its essential purpose.
Some
states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of the
above limitations may not apply. In these states, each party's liability will
be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE"
Disclaimer
The
Service is provided to you "AS IS" and "AS AVAILABLE" and
with all faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on behalf of
its Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.
Without
limiting the foregoing, neither the Company nor any of the company's provider
makes any representation or warranty of any kind, express or implied: (i) as to
the operation or availability of the Service, or the information, content, and
materials or products included thereon; (ii) that the Service will be
uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency
of any information or content provided through the Service; or (iv) that the
Service, its servers, the content, or e-mails sent from or on behalf of the
Company are free of viruses, scripts, trojan horses, worms, malware, timebombs
or other harmful components.
Some
jurisdictions do not allow the exclusion of certain types of warranties or
limitations on applicable statutory rights of a consumer, so some or all of the
above exclusions and limitations may not apply to you. But in such a case the
exclusions and limitations set forth in this section shall be applied to the
greatest extent enforceable under applicable law.
Governing Law
Terms
of Use shall be governed by and interpreted and construed in accordance with
the laws of India. Shall be the place of jurisdiction exclusively in Gurugram.
Buyer
and Seller shall comply with all the applicable laws (including
without limitation Foreign Exchange Management Act, 1999 and the rules
made and notifications issued there under and the Exchange Control Manual
as may be issued by Reserve Bank of India from time to time, Customs Act,
Information and Technology Act, 2000 as amended by the Information
Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and
the rules made there under, Foreign Contribution Regulation Act, 1976 and
the rules made there under, Income Tax Act, 1961 and the rules made there under,
Export Import Policy of government of India) applicable to them
respectively for using Payment Facility and JUST SHOP Website.
Buyer's arrangement with Issuing Bank:
1. All Valid Credit / Debit/ Cash Card/ and
other payment instruments are processed using a Credit Card payment
gateway or appropriate payment system infrastructure and the same will
also be governed by the terms and conditions agreed to between the Buyer
and the respective Issuing Bank and payment instrument issuing company.
2. All Online Bank Transfers from Valid Bank
Accounts are processed using the gateway provided by the respective
Issuing Bank which support Payment Facility to provide these services to
the Users. All such Online Bank Transfers on Payment Facility are also
governed by the terms and conditions agreed to between Buyer and the
respective Issuing Bank.
Disputes (Resolutions) Policy
Overview
Generally,
transactions are conducted smoothly on JUST SHOP. However there may be
some cases where both the Buyers and Sellers may face issues. At JUST
SHOP, we have a Dispute Resolution process in order to resolve disputes
between Buyers and Sellers.
What is
a 'dispute'?
A
'Dispute' can be defined as a disagreement between a Buyer and a Seller
in connection with a transaction on the Website.
How
does a 'dispute' occur in the Marketplace?
Disputes
are filed as a result of a disagreement between the Buyer and the
Seller. Disputes arise out of an issue that is raised by either party not
being completely satisfied with the resolution of their complaint/issue.
It is
important that before a Buyer/Seller raises a dispute, they should attempt
to solve the issue. Please note that whenever a Buyer raises a dispute,
the Seller's payment for that order is put on hold immediately until the
issue is resolved.
How is
a 'dispute' created?
Whenever
there is a disagreement, the Buyer can write to justshopindia@gmail.com, while
the Seller can write to sellerdispute@just-shop.in, in order to raise a
dispute. Disputes can be raised at a particular transaction level.
What
are the various types of 'disputes'?
Following
are the indicative examples of potential disputes:
1.
Wrong item received
2. Item
not as described
Damaged
or Seal broken on Product
Part/Accessory
missing
Item
not Compatible
Seller
Description/Specification Wrong
Defective
(Functional issues)
Product
not working and Manufacturer claims invalid Invoice
In case
the Seller rejects the return request of the Buyer, and Buyer raises
a dispute, then JUST SHOP will try to mediate and resolve the dispute between
both the parties. If the dispute is resolved in favor of the Buyer, a
refund is provided once the product is returned to the Seller. If the
dispute is settled in favor of the Seller, Buyer is entitled to any
refund.
Buyer Protection Program
In case
of a dispute where the Seller is unable to provide a refund or
a replacement, JUST SHOP will actively work towards reaching a resolution.
The
Buyer Protection Program covers Buyers who are unable to
successfully resolve their dispute with the Seller or are not satisfied
the resolution provided by the Seller.
The
Buyer can write to buyerdespute@just-shop.in if the issue with the
Seller is not resolved. JUST SHOP's Customer Support team will look into
the case to check for possible fraud and if the Buyer has been
blacklisted/blocked from making purchases on the Website. Only after
verifying these facts, a dispute can be registered.
In due
course of resolution, JUST SHOP's Customer Support Team will facilitate
a conference call including the Seller and the Buyer.
When a
dispute has been raised, JUST SHOP may provide both the parties access
to each others Display Names, contact details including email addresses
and other details pertaining to the dispute. Buyers and Sellers are
subject to final consent from JUST SHOP for settling the dispute.
Buyer Eligibility and Restrictions
• Only
the Buyers who have purchased the product on JUST SHOP are eligible for
the Buyer Protection Program.
•
Buyers can file a dispute within 45 days from the date of delivery of the
product
• Any
damage or loss to the product after delivery will not be covered under
this program and will completely be the Buyer's responsibility. Buyers
should refuse to accept delivery if the item is damaged.
• To be
able to take advantage of the Buyer Protection Program, Buyers
should first contact the Seller and attempt to resolve the issue. If the
Buyer doesn't hear from the Seller or is unable to resolve the issue with
the Seller even after contact, a dispute can be raised with JUST SHOP by
writing an email to buyerdespute@just-shop.in • Fraudulent charges and
claims are not covered under Buyer Protection Program
• If
the Buyer has already initiated chargeback through the credit card issuing bank,
it will not be covered under Buyer Protection Program, though in
such cases a Seller can file a claim through the Seller Protection
Program.
•
Blacklisted and Blocked Buyers are not covered by the Buyer
Protection Program.
•
Buyers who have reached their maximum lifetime limit for claims are also
not eligible. Buyers can make a maximum of 5 claims per year on JUST SHOP.
If the claim was withdrawn, it is not counted. The coverage amount will be
limited to ₹50,000
•
Through the Buyer Protection program, JUST SHOP does not provide
any guarantee/warranty to Buyers for products sold on JUST SHOP against
technical/manufacturing defects.
•
Raising disputes against Sellers does not automatically entitle the Buyer to
a refund or replacement for the product purchased. JUST SHOP shall verify
the disputes so raised and may process only such claims that are valid and
genuine.
• JUST
SHOP shall at no point be responsible for any direct or indirect
losses, expenses, costs of any nature whatsoever that may be incurred by
any Buyer/Seller.
•
Claims of the nature of 'Buyer remorse' (i.e. instances where products
are bought by the Buyer by mistake or where the Buyer chooses to change
his/her mind with regard to the product purchased by him) will not be
entertained through this program.
• JUST
SHOP reserves its right to initiate civil and/or criminal proceedings
against a User who, files an invalid and/or false claims or provides
false, incomplete, or misleading information. In addition to the legal
proceedings as aforesaid, JUST SHOP may at its sole discretion suspend, block,
restrict, cancel the Display Name [and its related Display Names] of such
User and/or disqualify that user and any related users from availing
protection through this program.
•
Decisions made by JUST SHOP under the Buyer Protection Program shall be
final and binding on its Users.
• JUST
SHOP reserves the right to modify / discontinue Buyer Protection
Program without any prior notice period to its Users.
•
Through this program, JUST SHOP shall not entertain claims of Buyers who
have incurred loss due to delayed shipment or delivery of the item by the
Seller.
• JUST
SHOP Customer Support Team may seek additional information / clarification from
Buyer to facilitate resolution of the dispute. In the event Buyer does not
respond with information / clarification sought within 10 days of such request,
the dispute shall be auto-closed in favor of the Seller.
Disputes via Chargeback
Whenever
a chargeback (CB) comes from a payment gateway/bank, following situations
may arise:
1. Item
not received CB - Buyer hasn't received the item. Refund will be
created in accordance with the dispute policies
2.
Unauthorized CB - Buyer hasn't made this particular transaction. Refund will
be created in accordance with the dispute policies.
Seller
expressly agrees that issuing the correct and complete invoice is the
sole and primary responsibility of the Seller. Furthermore, Seller shall
ensure that invoices state "Powered by JUST SHOP" and failing to
do so Seller will be liable for chargeback’s (as applicable).
3. Item
not as described - meaning item is not what Buyer expected. Dispute
will be decided in accordance with the dispute policies.
Indemnity
You
shall indemnify and hold harmless JUST SHOP, its owner, licensee,
affiliates, subsidiaries, group companies (as applicable) 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 this
Terms of Use, privacy Policy and other Policies, or Your violation of any
law, rules or regulations or the rights (including infringement of
intellectual property rights) of a third party.
Jurisdictional Issues/Sale in
India Only
Unless
otherwise specified, the material on the Website is presented solely
for the purpose of sale in India. JUST SHOP makes no representation that
materials in the Website are appropriate or available 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 JUST SHOP is not responsible for supply of products/refund
for the products ordered from other locations/Countries other than India,
compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This
site is controlled and operated by JUST SHOP and products are sold
by respective Sellers. All material on this site, including images,
illustrations, audio clips, and video clips, are protected by copyrights,
trademarks, and other intellectual property rights. Material on Website 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 email 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, use of
the materials on any other website or networked computer environment or
use of the materials for any purpose other than personal, non-commercial use is
a violation of the copyrights, trademarks and other proprietary rights,
and is prohibited. Any use for which you receive any remuneration, whether
in money or otherwise, are a commercial use for the purposes of
this clause.
Trademark complaint
JUST
SHOP respects the intellectual property of others. In case you feel that
Your Trademark has been infringed, you can write to JUST SHOP at seller
@just-shop.in
JUST SHOP
we do not warrant that Product description or other content of
this Website is accurate, complete, reliable, current, or error-free and
assumes no liability in this regard.
Severability and
Waiver
Severability
If any
provision of these Terms is held to be unenforceable or invalid, such provision
will be changed and interpreted to accomplish the objectives of such provision
to the greatest extent possible under applicable law and the remaining
provisions will continue in full force and effect.
Waiver
Except
as provided herein, the failure to exercise a right or to require performance
of an obligation under these Terms shall not affect a party's ability to
exercise such right or require such performance at any time thereafter nor
shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These
Terms and Conditions may have been translated if we have made them available to
you on our Service. You agree that the original English text shall prevail in
the case of a dispute.
Changes to These Terms and Conditions
We
reserve the right, at our sole discretion, to modify or replace these Terms at
any time. If a revision is material we will make reasonable efforts to provide
at least 30 days' notice prior to any new terms taking effect. What constitutes
a material change will be determined at our sole discretion.
By
continuing to access or use Our Service after those revisions become effective,
you agree to be bound by the revised terms. If you do not agree to the new
terms, in whole or in part, please stop using the website and the Service.
POLICIES
Profanity Policy
JUST
SHOP prohibits the use of language that is racist, hateful, sexual or obscene
in nature in a public area.
This
policy extends to text within listings, on Seller pages and all other areas
of the site that another User may view. If the profane words are part of a
title for the item being sold, we allow Sellers to 'blur' out the bulk of
the offending word with asterisks (i.e., s*** or f***).
Please
report any violations of this policy to the correct area for review:
Report offensive Display Names
Report offensive language in a listing or otherwise
If a
feedback comment; or any communication made between Users on the Website;
or email communication between Users in relation to transactions conducted
on Website contain profanity, please review Our feedback removal policy
and submit a request for action/removal.
Disciplinary
action may result in the indefinite suspension of a User's
account, temporary suspension, or a formal warning.
JUST
SHOP will consider the circumstances of an alleged policy violation and
the user's trading records before taking action.
Violations
of this policy may result in a range of actions, including:
Limits
placed on account privileges;
Loss of
special status;
Account
suspension.
Email
Abuse & Threat Policy
Private
communication, including email correspondence, is not regulated by JUST
SHOP. JUST SHOP encourages its Users to be professional, courteous and
respectful when communicating by email.
However,
JUST SHOP will investigate and can take action on certain types
of unwanted emails that violate JUST SHOP policies.
Such
instances:
Threats
of Bodily Harm - JUST SHOP does not permit Users to send explicit threats
of bodily harm.
Misuse
of JUST SHOP System - JUST SHOP allows Users to facilitate transactions
through the JUST SHOP system, but will investigate any misuse of this
service.
Spoof
(Fake) email - JUST SHOP will never ask you to provide sensitive
information through email. In case you receive any spoof (fake) email, you
are requested to report the same to us through 'Contact Us' tab.
Spam
(Unsolicited Commercial email) - JUST SHOP's spam policy applies only
to unsolicited commercial messages sent by JUST SHOP Users. JUST SHOP
Users are not allowed to send spam messages to other Users.
Offers
to Buy or Sell Outside of JUST SHOP - JUST SHOP prohibits email offers to
buy or sell listed products outside of the JUST SHOP Website. Offers of
this nature are a potential fraud risk for both Buyers and Sellers.
JUST
SHOP policy prohibits user-to-user threats of physical harm via any
method including, phone, email and on our public message boards.
Violations
of this policy may result in a range of actions, including:
Limits
on account privileges
Account
suspension
Cancellation
of listings
Loss of
special status
Other
Businesses
JUST
SHOP does not take responsibility or liability for the actions, products,
content and services on the Website, which are linked to Affiliates and /
or third party websites using Website's APIs or otherwise. In addition,
the Website may provide links to the third party websites of our
affiliated companies and certain other businesses for which, JUST SHOP
assumes no responsibility for examining or evaluating the products and services
offered by them. JUST SHOP does not warrant the offerings of, any of these
businesses or individuals or the content of such third party website(s).
JUST SHOP does not endorse, in any way, any third party website(s) or
content thereof.
JUST SHOP Infringement Verification (FIV) -
Reporting Listing Violations
JUST
SHOP has put in place JUST SHOP Infringement Verification process so
that intellectual property owners could easily report listings that
infringe their rights. It is in JUST SHOP's interest to ensure that
infringing products are removed from the site, as they erode Buyer and
good Seller trust.
If you
are a Verified Rights Owner and want to report a listing issue, see JUST
SHOP's FIV. Note: Only the intellectual property rights owner can report
potentially infringing products or listings through FIV. If you are not
the intellectual property rights owner, you can still help by getting in
touch with the rights owner and encouraging them to contact us.
If your
listing was removed through FIV, and you believe that your listing was
removed in error, please contact us.
JUST
SHOP does not and cannot verify that Sellers have the right or ability to
sell or distribute their listed products. However, JUST SHOP is committed
to removing infringing or unlicensed products once an authorized
representative of the rights owner properly reports them to JUST SHOP.
FIV works
to ensure that item listings do not infringe upon the copyright, trademark
or other intellectual property rights of third parties. FIV participants have
the ability to identify and request removal of allegedly infringing
products and materials.
Any
person or company who holds intellectual property rights (such as
a copyright, trademark or patent) which may be infringed upon by products
listed on JUST SHOP is encouraged to become a FIV member.
Program
membership entitles you (Verified Rights Owner) to the following benefits:
Rapid
response by JUST SHOP in ending listings reported by you (as the Verified
Rights Owner) as allegedly infringing
Dedicated
priority email queues for reporting alleged infringements
The
ability to obtain identifying information about JUST SHOP's users'
How to
Become a FIV Member
To join
the FIV, we require only that you fully complete and email us a Notice
of Infringement form specifying the allegedly infringing listings and the
infringed work complete with an original authorized signature. The
information requested by the Notice of Infringement is designed to ensure
that parties reporting products are authorized by the rights owners, and
to enable JUST SHOP to easily identify the material or listing to be
ended.
In the
interest of keeping the process easy and simple, after we receive your
first Notice of Infringement in hard copy, future notices can be sent to us
by email at seller@just-shop.in
Note:
In your notice of infringement, you shall be required to identify
the individual listing which is infringing your intellectual property.
General notices shall not be accepted.
We are
happy to receive such information, but must advise that we may be limited
in our ability to respond to your request absent formal notice from
an authorized rights owner.
Notice
of Infringement
SLAJ JUSSTSHOP
ENTERPRISES PVT. LTD.
_______________________
_______________________
I, [name] ____________________________ of [address] _________________________
do solemnly and sincerely declare as follows:
1. I am
the owner of certain intellectual property rights, said owner being
named __________________ ("IP Owner").
2. I
have a good faith belief that the item listings or materials identified in
the annexure attached hereto are not authorized by the above IP Owner, its
agent, or the law and therefore infringe the IP Owner's rights. Please
expeditiously remove or disable access to the material or products claimed
to be infringing.
3. I
may be contacted at:
Name
___________________________________________________________
Title &
Company ________________________________________________________
Address
_________________________________________________________
Email (correspondence) ___________________________________________________
Telephone/Fax _____________________________________________________________
Date _________________________________________________________________
And I
make this declaration conscientiously believing it to be true and correct.
Declared
by ______________________________
On [date] ___________________________________
in [place] ________
Truthfully,
Signature
Addendum
to Notice of Infringement:
List of
Allegedly Infringing Listings, Products, or Materials
A Note
on Reason Codes: When identifying item numbers please use the
reasons below. When removing products from the site, JUST SHOP will inform
Sellers of the specific reason for the removal of their products.
Select
the most appropriate reason. Please associate each item you report
with only one reason code.
Trademark-infringement
1.
Trademark owner doesn't make this type of product or has discontinued
the production of the product
2.
Item(s) is an unlawful replica of a product made by the trademark owner or
is counterfeit
Trademark-listing
description infringement
3.
Listing(s) has unlawful comparison to trademark owner's brand or product
4.
Listing(s) contains unlawful use of trademark owner's logo
Copyright-item
infringement
5.
Software is being offered without any license or in violation of a license
6.
Item(s) is a bootleg recording;
7.
Item(s) is an unlawful copy (software, games, movies, etc.);
8.
Item(s) is unlawful duplication of printed material
9.
Item(s) is an unlawful copy of other copyrighted work (paintings,
sculptures, etc.)
Copyright-listing
content infringement
9.
Listing(s) comprises unauthorized copy of copyrighted text
10.
Listing(s) comprises unauthorized copy of copyrighted image
11.
Listing(s) comprises unauthorized copy of copyrighted image and text
Reason Code: _____________________________________________________________
Work(s)
Infringed:
_________________________________________________________
Item Number(s): ___________________________________________________________
Note:
1.
Please provide the ownership of Trademark (Trademark Registration
Certificate should be in the name of applicant)
2.
Please provide the evidence as to the ownership of copyright.
All
such Notices of Infringement shall be sent to infringement@just-shop.in;
or seller@just-shop.in
Contact Us
If you
have any questions about these Terms and Conditions, You can contact us:
By
email: justshopindia@gmail.com
By
visiting this page on our website: http://www.just-shop.in/contact
Grievance officer
In
accordance with Information Technology Act 2000 and rules made there
under, the name and contact details of the Grievance Officer are provided
below:
Mr. J.P.KHANDELWAL
Designation:
COO & Chief Grievance Officer
SLAJ JUSSTSHOP
ENTERPRISES PVT. LTD.
3rd
floor, orchid center, sec. 53 Gurugram H.R. (india) 122002
Email: info.justshopindia@gmail.com
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 www.just-shop.in website.
Terms and Conditions
Last
updated: October 30, 2024
Please
read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The
words of which the initial letter is capitalized have meanings defined under
the following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.
Definitions
For the
purposes of these Terms and Conditions:
Application
means the software program provided by the Company downloaded by you on any
electronic device, named JUST SHOP
Application
Store means the digital distribution service operated and developed by Apple
Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the
Application has been downloaded.
Affiliate
means an entity that controls, is controlled by or is under common control with
a party, where "control" means ownership of 50% or more of the
shares, equity interest or other securities entitled to vote for election of
directors or other managing authority.
Country
refers to: India
Company
(referred to as either "the Company", "We", "Us"
or "Our" in this Agreement) refers to SLAJ JUSSTSHOP ENTERPRISES PVT.
LTD., 3rd Floor, Orchid Center, Sector 53, GURUGRAM, H.R. (INDIA) 122002.
Device
means any device that can access the Service such as a computer, a cell phone
or a digital tablet.
Service
refers to the Application or the Website or both.
Terms
and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between you and the Company regarding
the use of the Service. This Terms and Conditions agreement has been created
with the help of the Terms and Conditions Generator.
Third-party
Social Media Service means any services or content (including data,
information, products or services) provided by a third-party that may be
displayed, included or made available by the Service.
Website
refers to JUST SHOP, accessible from http://www.just-shop.in
You mean
the individual accessing or using the Service, or the company, or other legal
entity on behalf of which such individual is accessing or using the Service, as
applicable.
Acknowledgment
These
are the Terms and Conditions governing the use of this Service and the
agreement that operates between you and the Company. These Terms and Conditions
set out the rights and obligations of all users regarding the use of the
Service.
Your
access to and use of the Service is conditioned on your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply to
all visitors, users and others who access or use the Service.
By
accessing or using the Service You agree to be bound by these Terms and
Conditions. If you disagree with any part of these Terms and Conditions then you
may not access the Service.
You represent
that you are over the age of 18. The Company does not permit those under 18 to
use the Service.
Your
access to and use of the Service is also conditioned on your acceptance of and
compliance with the Privacy Policy of the Company. Our Privacy Policy describes
our policies and procedures on the collection, use and disclosure of your
personal information when you use the Application or the Website and tells you
about your privacy rights and how the law protects you. Please read Our Privacy
Policy carefully before using Our Service.
When
You use any of the services provided by Us through the Website,
including but not limited to, (e.g. Product Reviews, Seller Reviews), You
will be subject to the rules, guidelines, policies, terms, and conditions
applicable to such service, and they shall be deemed to be incorporated
into this Terms of Use and shall be considered as part and parcel of this
Terms of Use. We reserve the right, at our sole discretion, to change,
modify, add or remove portions of these Terms of Use, at any time without
any prior written notice to you. It is your responsibility to review these
Terms of Use periodically for updates / changes. Your continued use of the
Website following the posting of changes will mean that you accept
and agree to the revisions. As long as you comply with these Terms of Use,
We grant you a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Website.
ACCESSING,
BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE
TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF
USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting
these Terms of Use, You also accept and agree to be bound by JUST SHOP
Policies ((including but not limited to Privacy Policy available on
(privacy policy) as amended from time to time.
Links to Other Websites
Our
Service may contain links to third-party web sites or services that are not
owned or controlled by the Company.
The
Company has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party web sites or services. You
further acknowledge and agree that the Company shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of or reliance on any such content,
goods or services available on or through any such web sites or services.
We
strongly advise you to read the terms and conditions and privacy policies of
any third-party web sites or services that you visit.
Membership Eligibility
Use of
the Website is available only to persons who can form legally
binding contracts under Indian Contract Act, as a minor if you wish
to use or transact on website, such use or transaction may be made by
your legal guardian or parents on the Website. JUST SHOP reserves the
right to terminate 1872. Persons who are "incompetent
to contract" within the meaning of the Indian Contract Act, 1872
including minors, un-discharged insolvents etc. are not eligible to use
the Website. If you are a minor i.e. under the age of 18 years, you shall
not register as a User of the JUST SHOP website and shall not transact on
or use the website your membership and / or refuse to provide you with access
to the Website if it is brought to JUST SHOP's notice or if it is
discovered that you are under the age of 18 years.
Your Account and Registration Obligations
If you
use the Website, You shall be responsible for maintaining
the confidentiality of your Display Name and Password and you shall be
responsible for all activities that occur under your Display Name and
Password. You agree that if You provide any information that is untrue,
inaccurate, not current or incomplete or We have reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, or not in accordance with the this Terms of Use, We shall have
the right to indefinitely suspend or terminate or block access of your
membership on the Website and refuse to provide You with access to the
Website.
Termination
We may
terminate or suspend your access immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if you
breach these Terms and Conditions.
Upon
termination, your right to use the Service will cease immediately.
Communications
When
You use the Website or send emails or other data, information
or communication to us, You agree and understand that You are
communicating with Us through electronic records and You consent to
receive communications via electronic records from Us periodically and as
and when required. We may communicate with you by email or by such other
mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The
Website is a platform that Users utilize to meet and interact with one
another for their transactions. JUST SHOP is not and cannot be a party to
or control in any manner any transaction between the Website's Users.
Henceforward:
1. All
commercial/contractual terms are offered by and agreed to between
Buyers and Sellers alone. The commercial/contractual terms include without
limitation price, shipping costs, payment methods, payment terms, date,
period and mode of delivery, warranties related to products and services
and after sales services related to products and services. JUST SHOP does
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.
2.
JUST SHOP does not make any representation or Warranty as to specifics
(such as quality, value, salability, etc) of the products or services
proposed to be sold or offered to be sold or purchased on the Website.
JUST SHOP does not implicitly or explicitly support or endorse the sale or
purchase of any products or services on the Website. JUST SHOP accepts no
liability for any errors or omissions, whether on behalf of itself or
third parties.
3.
JUST SHOP is not responsible for any non-performance or breach of any contract entered
into between Buyers and Sellers. JUST SHOP cannot and does not
guarantee that the concerned Buyers and/or Sellers will perform any
transaction concluded on the Website. JUST SHOP shall not and is not
required to mediate or resolve any dispute or disagreement between Buyers
and Sellers.
4. JUST
SHOP does not make any representation or warranty as to the
item-specifics (such as legal title, creditworthiness, identity, etc) of
any of its Users. You are advised to independently verify the bona fides
of any particular User that you choose to deal with on the Website and use
your best judgment in that behalf.
5. JUST
SHOP does not at any point of time during any transaction between
Buyer and Seller on the Website come into or take possession of any of the
products or services offered by Seller nor does it at any point gain title
to or have any rights or claims over the products or services offered by
Seller to Buyer.
6. At
no time shall JUST SHOP hold any right, title or interest over the products nor shall
JUST SHOP have any obligations or liabilities in respect of such contract
entered into between Buyers and Sellers. JUST SHOP is not responsible for
unsatisfactory or delayed performance of services or damages or delays as
a result of products which are out of stock, unavailable or back ordered.
7. The
Website is only a platform that can be utilized by Users to reach a
larger base to buy and sell products or services. JUST SHOP is only
providing a platform for communication and it is agreed that the contract
for sale of any of the products or services shall be a strictly bipartite
contract between the Seller and the Buyer.
At no
time shall JUST SHOP hold any right, title or interest over the
products nor shall JUST SHOP have any obligations or liabilities in
respect of such contract.
JUST
SHOP is not responsible for unsatisfactory or delayed performance of
services or damages or delays as a result of products which are out of
stock, unavailable or back ordered.
8.
You shall independently agree upon the manner and terms and conditions
of delivery, payment, insurance etc. with the seller(s) that you transact
with.
Disclaimer: Pricing
on any product(s) as is reflected on the Website may due to some technical
issue, typographical error or product information published by seller may
be incorrectly reflected and in such an event seller may cancel such your
order(s).
9.
You release and indemnify JUST SHOP and/or any of its officers
and representatives from any cost, damage, liability or other consequence
of any of the actions of the Users of the Website and specifically waive
any claims that you may have in this behalf under any applicable law.
Notwithstanding its reasonable efforts in that behalf, JUST SHOP cannot
take responsibility or control the information provided by other Users
which is made available on the Website. You may find other User's
information to be offensive, harmful, inconsistent, inaccurate,
or deceptive. Please use caution and practice safe trading when using the
Website.
Please
note that there could be risks in dealing with underage persons or
people acting under false pretence.
Charges
Membership
on the Website is free for buyers. JUST SHOP does not charge any fee for
browsing and buying on the Website. JUST SHOP reserves the right to change its
Fee Policy from time to time. In particular, JUST SHOP may at its sole
discretion introduce new services and modify some or all of the existing
services offered on the Website. In such an event JUST SHOP reserves the right
to introduce fees for the new services offered or amend/introduce fees for
existing services, as the case may be. Changes to the Fee Policy shall be
posted on the Website and such changes shall automatically become effective
immediately after they are posted on the Website. Unless otherwise stated, all
fees shall be quoted in Indian Rupees. You shall be solely responsible for
compliance of all applicable laws including those in India for making payments
to SLAJ JUSSTSHOP ENTERPRISES PVT. LTD.
Use of the
Website
You
agree, undertake and confirm that your use of Website shall be
strictly governed by the following binding principles:
1.
You shall not host, display, upload, modify, publish, transmit, update or
share any information which:
(a)
belongs to another person and to which you does not have any right to;
(b) is
grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, pedophilic, libelous, 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; or unlawfully threatening or unlawfully
harassing including but not limited to "indecent representation of
women" within the meaning of the Indecent Representation of Women
(Prohibition) Act, 1986;
(c) is
misleading in any way;
(d) is
patently offensive to the online community, such as sexually
explicit content, or content that promotes obscenity, pedophilia, racism,
bigotry, hatred or physical harm of any kind against any group or individual;
(e) Harasses
or advocates harassment of another person;
(f) Involves
the transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming";
(g)
promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
(h)
infringes upon or violates any third party's rights [including, but not
limited to, intellectual property rights, rights of privacy (including
without limitation unauthorized disclosure of a person's name, email
address, physical address or phone number) or rights of publicity];
(i)
promotes an illegal or unauthorized copy of another person's copyrighted
work (see "Copyright complaint" below for instructions on how to
lodge a complaint about uploaded copyrighted material), such as providing
pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files;
(j)
contains restricted or password-only access pages, or hidden pages or
images (those not linked to or from another accessible page);
(k) Provides
material that exploits people in a sexual, violent or
otherwise inappropriate manner or solicits personal information from
anyone;
(l) Provides
instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
(m)
contains video, photographs, or images of another person (with a minor
or an adult).
(n)
tries to gain unauthorized access or exceeds the scope of authorized
access to the Website or to profiles, blogs, communities, account
information, bulletins, friend request, or other areas of the Website or
solicits passwords or personal identifying information for commercial or unlawful
purposes from other users;
(o) Engages
in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising and pyramid schemes, or
the buying or selling of "virtual" products related to the Website.
Throughout this Terms of Use, JUST SHOP's prior written consent means a
communication coming from JUST SHOP's Legal Department, specifically in
response to your request, and specifically addressing the activity or
conduct for which you seek authorization;
(p) Solicits
gambling or engages in any gambling activity which we, in our
sole discretion, believes is or could be construed as being illegal;
(q) Interferes
with another USER's use and enjoyment of the Website or any other
individual's User and enjoyment of similar services;
(r) Refers
to any website or URL that, in our sole discretion, contains material that
is inappropriate for the Website or any other website, contains content
that would be prohibited or violates the letter or spirit of these Terms
of Use.
(s) Harm
minors in any way;
(t)
infringes any patent, trademark, copyright or other proprietary rights or
third party's trade secrets or rights of publicity or privacy or shall not
be fraudulent or involve the sale of counterfeit or stolen products;
(u)
violates any law for the time being in force;
(v) Deceives
or misleads the addressee/ users about the origin of such messages or
communicates any information which is grossly offensive or menacing
in nature;
(w) Impersonate
another person;
(x) contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer resource; or
contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs
or other computer programming routines that may damage, detrimentally
interfere with, diminish value of, surreptitiously intercept or
expropriate any system, data or personal information;
(y) 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 any other nation.
(z) Shall
not be false, inaccurate or misleading;
(aa)
shall not, directly or indirectly, offer, attempt to offer, trade or attempt
to trade in any item, the dealing of which is prohibited or restricted in
any manner under the provisions of any applicable law, rule, regulation or
guideline for the time being in force.
(ab)
shall not create liability for us or cause us to lose (in whole or in part)
the services of our internet service provider ("ISPs") or other
suppliers;
2. You shall not use any "deep-link", "page-scrape",
"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 any
Content, or in any way reproduce or circumvent the navigational structure
or presentation of the Website or any Content, to obtain or attempt
to obtain any materials, documents or information through any means not
purposely made available through the Website. We reserve our right to bar
any such activity.
3.
You shall not attempt to gain unauthorized access to any portion or feature
of the Website, or any other systems or networks connected to the Website
or to any server, computer, network, or to any of the services offered on
or through the Website, by hacking, password "mining" or any
other illegitimate means.
4.
You shall not probe, scan or test the vulnerability of the Website or
any network connected to the Website nor breach the security or
authentication measures on the Website or any network connected to the
Website. You may not reverse look-up, trace or seek to trace any
information on any other User of or visitor to Website, or any other
customer, including any account on the Website not owned by You, to its
source, or exploit the Website or any service or information made
available or offered by or through the Website, in any way where the
purpose is to reveal any information, including but not limited to
personal identification or information, other than Your own information,
as provided for by the Website.
5.
You shall not make any negative, denigrating or defamatory statement(s)
or comment(s) about Us or the brand name or domain name used by Us
including the terms JUST SHOP or otherwise engage in any conduct or
action that might tarnish the image or reputation, of JUST SHOP or sellers
on platform or otherwise tarnish or dilute any JUST SHOP's trade or
service marks, trade name and/or goodwill associated with such trade or
service marks, trade name as may be owned or used by us. You agree that you
will not take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of the Website or JUST SHOP's systems or
networks, or any systems or networks connected to JUST SHOP.
6.
You agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Website or any
transaction being conducted on the Website, or with any other person's use
of the Website.
7.
You may not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any message or transmittal you send to us on or
through the Website or any service offered on or through the Website. You
may not pretend that you are, or that you represent, someone else, or
impersonate any other individual or entity.
8.
You may not use the Website or any content for any purpose that is
unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity which infringes the
rights of JUST SHOP and / or others.
9.
You shall at all times ensure full compliance with the applicable
provisions of the Information Technology Act, 2000 and rules there under
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, Octroi,
Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use
of Our service and Your listing, purchase, solicitation of offers to
purchase, and sale of products or services. You shall not engage in
any transaction in an item or service, which is prohibited by the
provisions of any applicable law including exchange control laws or
regulations for the time being in force.
10.
Solely to enable Us to use the information You supply Us with, so that we
are not violating any rights You might have in Your Information, You agree
to grant Us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) right to exercise
the copyright, publicity, database rights or any other rights You have in
Your Information, in any media now known or not currently known, with
respect to Your Information. We will only use your information in
accordance with the Terms of Use and Privacy Policy applicable to use of
the Website.
11.
From time to time, you shall be responsible for providing information
relating to the products or services proposed to be sold by you. In this
connection, you undertake that all such information shall be accurate in
all respects. You shall not exaggerate or over emphasize the attributes of
such products or services so as to mislead other Users in any manner.
12.
You shall not engage in advertising to, or solicitation of, other Users of
the Website to buy or sell any products or services, including, but not
limited to, products or services related to that being displayed on the
Website or related to us. You may not transmit any chain letters or
unsolicited commercial or junk email to other Users via the Website. It
shall be a violation of these Terms of Use to use any information obtained
from the Website in order to harass, abuse, or harm another person, or in
order to contact, advertise to, solicit, or sell to another person other
than Us without Our prior explicit consent. In order to protect Our Users
from such advertising or solicitation, We reserve the right to restrict
the number of messages or emails which a user may send to other Users in
any 24-hour period which We deems appropriate in its sole discretion.
You understand that we have the right at all times to disclose any
information (including the identity of the persons providing information
or materials on the Website) as necessary to satisfy any law, regulation
or valid governmental request. This may include, without limitation,
disclosure of the information in connection with investigation of alleged
illegal activity or solicitation of illegal activity or in response to a lawful
court order or subpoena. In addition, We can (and You hereby expressly
authorize Us to) disclose any information about You to law enforcement or
other government officials, as we, in Our sole discretion, believe
necessary or appropriate in connection with the investigation
and/or resolution of possible crimes, especially those that may involve
personal injury.
We
reserve the right, but have no obligation, to monitor the materials posted
on the Website. JUST SHOP shall have the right to remove or edit any
content that in its sole discretion violates, or is alleged to violate,
any applicable law or either the spirit or letter of these Terms of Use.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT
OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect
JUST SHOP views. In no event shall JUST SHOP assume or have any
responsibility or liability for any Content posted or for any claims,
damages or losses resulting from use of Content and/or appearance of
Content on the Website. You hereby represent and warrant that you have all
necessary rights in and to all Content which you provide and
all information it contains and that such Content shall not infringe any
proprietary or other rights of third parties or contain any libelous, tortuous,
or otherwise unlawful information.
13.
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Website, including
payment and delivery of related products or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between You and such advertiser. We shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers on the
Website.
14.
It is possible that other user (including unauthorized users or
"hackers") may post or transmit offensive or obscene materials
on the Website and that you may be involuntarily exposed to such offensive
and obscene materials. It also is possible for others to obtain personal
information about you due to your use of the Website, and that the
recipient may use such information to harass or injure you. We does not
approve of such unauthorized uses, but by using the Website You
acknowledge and agree that We are not responsible for the use of any
personal information that You publicly disclose or share with others on
the Website. Please carefully select the type of information that you
publicly disclose or share with others on the Website.
15.
JUST SHOP shall have all the rights to take necessary action and claim
damages that may occur due to your involvement/participation in any way on
your own or through group/s of people, intentionally or unintentionally in
DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All
text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music and artwork (collectively,
"Content"), is a third party user generated content and JUST
SHOP has no control over such third party user generated content as JUST
SHOP is merely an intermediary for the purposes of this Terms of Use.
Except
as expressly provided in these Terms of Use, no part of the Website and no
Content may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any
way (including "mirroring") to any other computer, server, Website
or other medium for publication or distribution or for any commercial
enterprise, without JUST SHOP's express prior written consent.
You may
use information on the products and services purposely made available on
the Website for downloading, provided that You (1) do not remove
any proprietary notice language in all copies of such documents, (2) use
such information only for your personal, non-commercial informational
purpose and do not copy or post such information on any networked computer
or broadcast it in any media, (3) make no modifications to any such
information, and (4) do not make any additional representations or
warranties relating to such documents.
You
shall be responsible for any notes, messages, emails, billboard
postings, photos, drawings, profiles, opinions, ideas, images, videos,
audio files or other materials or information posted or transmitted to the
Website (collectively, "Content"). Such Content will become our
property and you grant us the worldwide, perpetual and transferable rights
in such Content. We shall be entitled to, consistent with Our Privacy
Policy as adopted in accordance with applicable law, use the Content or
any of its elements for any type of use forever, including but not limited
to promotional and advertising purposes and in any media whether now known
or hereafter devised, including the creation of derivative works that may
include the Content You provide. You agree that any Content You post may
be used by us, consistent with Our Privacy Policy and Rules of Conduct on
Site as mentioned herein, and you are not entitled to any payment or other
compensation for such use.
Privacy
We view
protection of your privacy as a very important principle. We
understand clearly that You and Your Personal Information is one of our
most important assets. We store and process Your Information including any
sensitive financial information collected (as defined under the
Information Technology Act, 2000), if any, on computers that may be
protected by physical as well as reasonable technological security
measures and procedures in accordance with Information Technology Act 2000
and Rules there under. Our current Privacy Policy is available at
/s/privacypolicy. If you object to Your Information being transferred or
used in this way please do not use Website.
We
and our affiliates will share / sell / transfer / license / covey some or all
of your personal information with another business entity should we (or
our assets) plan to merge with or are acquired by that business entity, or
re-organization, amalgamation, restructuring of business or for any other
reason whatsoever. Should such a transaction or situation occur, the other
business entity or the new combined entity will be required to follow the
privacy policy with respect to your personal information. Once you provide
your information to us, you provide such information to us and our
affiliate and we and our affiliate may use such information to provide you
various services with respect to your transaction whether such transaction
are conducted on www.JUST SHOP.com or with third party merchant's or third
party merchant's website.
Disclaimer of Warranties and Liability
This
Website, all the materials and products (including but not limited
to software) and services, included on or otherwise made available to you through
this site are provided on "as is" and "as available" basis
without any representation or warranties, express or implied except
otherwise specified in writing. Without prejudice to the forgoing
paragraph, JUST SHOP does not warrant that:
• This
Website will be constantly available, or available at all; or
• The
information on this Website is complete, true, accurate or non-misleading.
JUST SHOP will not be liable to you in any way or in relation to the Contents
of, or use of, or otherwise in connection with, the Website. JUST
SHOP does not warrant that this site; information, Content, materials,
product (including software) or services included on or otherwise made
available to You through the Website; their servers; or electronic
communication sent from Us are free of viruses or other harmful
components.
Nothing
on Website constitutes, or is meant to constitute, advice of any kind. All
the Products sold on Website are governed by different state laws and if
Seller is unable to deliver such Products due to implications of different
state laws, Seller will return or will give credit for the amount (if any)
received in advance by Seller from the sale of such Product that could not
be delivered to You.
You
will be required to enter a valid phone number while placing an order on
the Website. By registering your phone number with us, you consent to be
contacted by us via phone calls and/or SMS notifications, in case of any
order or shipment or delivery related updates. We will not use your
personal information to initiate any promotional phone calls or SMS.
Selling
As
a registered seller, you are allowed to list item(s) for sale on the Website in
accordance with the Policies which are incorporated by way of reference in this
Terms of Use. You must be legally able to sell the item(s) you list for sale on
our Website. You must ensure that the listed items do not infringe upon the
intellectual property, trade secret or other proprietary rights or rights of
publicity or privacy rights of third parties. Listings may only include text
descriptions, graphics and pictures that describe your item for sale. All
listed items must be listed in an appropriate category on the Website. All
listed items must be kept in stock for successful fulfillment of sales.
The listing description of the item must not be misleading and must describe
actual condition of the product. If the item description does not match the
actual condition of the item, you agree to refund any amounts that you may have
received from the Buyer. You agree not to list a single product in multiple
quantities across various categories on the Website. JUST SHOP reserves the
right to delete such multiple listings of the same product listed by you in
various categories.
Services
Payment
While
availing any of the payment method/s available on the Website, we will not
be responsible or assume any liability, whatsoever in respect of any loss
or damage arising directly or indirectly to you due to:
Lack
of authorization for any transaction/s, or
Exceeding
the preset limit mutually agreed by you and between "Bank/s", or
Any
payment issues arising out of the transaction, or
Decline
of transaction for any other reason/s
All
payments made against the purchases/services on Website by you shall be compulsorily
in Indian Rupees acceptable in the Republic of India. Website will not
facilitate transaction with respect to any other form of currency with
respect to the purchases made on Website.
Before
shipping / delivering your order to you, Seller may request you to
provide supporting documents (including but not limited to Govt. issued ID
and address proof) to establish the ownership of the payment instrument
used by you for your purchase. This is done in the interest of providing a
safe online shopping environment to Our Users. Further:
1.
Transactions, Transaction Price and all commercial terms such as
Delivery, Dispatch of products and/or services are as per principal to
principal bipartite contractual obligations between Buyer and Seller and
payment facility is merely used by the Buyer and Seller to facilitate the
completion of the Transaction. Use of the payment facility shall not
render JUST SHOP liable or responsible for the non-delivery, non-receipt,
non-payment, damage, breach of representations and warranties,
non-provision of after sales or warranty services or fraud as regards the
products and /or services listed on JUST SHOP's Website.
2. You
have specifically authorized JUST SHOP or its service providers
to collect, process, facilitate and remit payments and / or the
Transaction Price electronically or through Cash on Delivery to and from
other Users in respect of transactions through Payment Facility. Your
relationship with JUST SHOP is on a principal to principal basis and by
accepting these Terms of Use you agree that JUST SHOP is an independent
contractor for all purposes, and does not have control of or liability for
the products or services that are listed on JUST SHOP's Website that are
paid for by using the Payment Facility. JUST SHOP does not guarantee
the identity of any User nor does it ensure that a Buyer or a Seller will
complete a transaction.
3. You
understand, accept and agree that the payment facility provided by JUST
SHOP is neither a banking nor financial service but is merely a
facilitator providing an electronic, automated online electronic payment,
receiving payment through Cash On Delivery, collection and remittance
facility for the Transactions on the JUST SHOP Website using the existing
authorized banking infrastructure and Credit Card payment gateway
networks. Further, by providing Payment Facility, JUST SHOP is neither
acting as trustees nor acting in a fiduciary capacity with respect to the
Transaction or the Transaction Price.
Payment Facility for Buyers:
• You,
as a Buyer, understand that upon initiating a Transaction You are entering
into a legally binding and enforceable contract with the Seller
to purchase the products and /or services from the Seller using the
Payment Facility, and you shall pay the Transaction Price through Your
Issuing Bank to the Seller using Payment Facility.
• You,
as a Buyer, may agree with the Seller through electronic communication and
electronic records and using the automated features as may be provided by
Payment Facility on any extension / increase in the Dispatch and/or
Delivery time and the Transaction shall stand amended to such extent. Any
such extension / increase of Dispatch / Delivery time or subsequent notation
/ variation of the Transaction should be in compliance with Payment
Facility Rules and Policies.
• You,
as a Buyer, shall electronically notify Payment Facility using
the appropriate JUST SHOP Website features immediately upon Delivery or
non Delivery within the time period as provided in Policies. Non
notification by You of Delivery or non Delivery within the time period
specified in the Policies shall be construed as a deemed Delivery in
respect of that Transaction. In case of Cash on Delivery transactions,
Buyer is not required to confirm the receipt of products or services.
• You,
as a Buyer, shall be entitled to claim a refund of the Transaction Price
(as Your sole and exclusive remedy) in case You do not receive
the Delivery within the time period agreed in the Transaction or within
the time period as provided in the Policies, whichever is earlier. In case
you do not raise a refund claim using Website features within the
stipulated time than this would make you ineligible for a refund.
• You,
as a Buyer, understand that the Payment Facility may not be available in
full or in part for certain category of products and/or services and/or
Transactions as mentioned in the Policies and hence you may not
be entitled to a refund in respect of the Transactions for those products
and /or services
•
Except for Cash on Delivery transaction, refund, if any, shall be made
at the same Issuing Bank from where Transaction Price was received.
• For
Cash on Delivery transactions, refunds, if any, will be made via demand
draft in favor of the Buyer (As per registration details provided by the
Buyer)
•
Refund shall be made in Indian Rupees only and shall be equivalent to
the Transaction Price received in Indian Rupees.
• For
electronics payments, refund shall be made through payment facility using
NEFT / RTGS or any other online banking / electronic funds transfer system
approved by Reserve Bank India (RBI).
•
Refund shall be conditional and shall be with recourse available to JUST
SHOP in case of any misuse by Buyer.
•
Refund shall be subject to Buyer complying with Policies.
4. JUST
SHOP reserves the right to impose limits on the number of Transactions
or Transaction Price which JUST SHOP may receive from on an individual
Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other
infrastructure or any other financial instrument directly or indirectly
through payment aggregator or through any such facility authorized by
Reserve Bank of India to provide enabling support facility for collection
and remittance of payment or by an individual Buyer during any time
period, and reserves the right to refuse to process Transactions exceeding
such limit.
5. JUST
SHOP reserves the right to refuse to process Transactions by Buyers with
a prior history of questionable charges including without limitation
breach of any agreements by Buyer with JUST SHOP or breach/violation of
any law or any charges imposed by Issuing Bank or breach of any policy.
6. JUST
SHOP may do such checks as it deems fit before approving the receipt of/Buyers
commitment to pay (for Cash on Delivery transactions) Transaction Price from
the Buyer for security or other reasons at the discretion of JUST SHOP. As
a result of such check if JUST SHOP is not satisfied with the
creditability of the Buyer or genuineness of the Transaction / Transaction
Price, it will have the right to reject the receipt of / Buyers commitment
to pay Transaction Price.
7. JUST
SHOP may delay notifying the payment confirmation i.e. informing Seller
to Dispatch, if JUST SHOP deems suspicious or for Buyers conducting high
transaction volumes to ensure safety of the Transaction and Transaction
Price. In addition, JUST SHOP may hold Transaction Price and JUST SHOP may
not inform Seller to Dispatch or remit Transaction Price to law
enforcement officials (instead of refunding the same to Buyer) at the
request of law enforcement officials or in the event the Buyer is engaged
in any form of illegal activity.
8. The
Buyer and Seller acknowledge that JUST SHOP will not be liable for
any damages, interests or claims etc. resulting from not processing a
Transaction/Transaction Price or any delay in processing a
Transaction/Transaction Price which is beyond control of JUST SHOP.
Limitation of Liability
Notwithstanding
any damages that you might incur, the entire liability of the Company and any
of its suppliers under any provision of this Terms and Your exclusive remedy
for all of the foregoing shall be limited to the amount actually paid by you
through the Service or 100 USD if you haven't purchased anything through the
Service.
To the
maximum extent permitted by applicable law, in no event shall the Company or
its suppliers be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, but not limited to, damages for loss of profits,
loss of data or other information, for business interruption, for personal
injury, loss of privacy arising out of or in any way related to the use of or
inability to use the Service, third-party software and/or third-party hardware
used with the Service, or otherwise in connection with any provision of this
Terms), even if the Company or any supplier has been advised of the possibility
of such damages and even if the remedy fails of its essential purpose.
Some
states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of the
above limitations may not apply. In these states, each party's liability will
be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE"
Disclaimer
The
Service is provided to you "AS IS" and "AS AVAILABLE" and
with all faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on behalf of
its Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.
Without
limiting the foregoing, neither the Company nor any of the company's provider
makes any representation or warranty of any kind, express or implied: (i) as to
the operation or availability of the Service, or the information, content, and
materials or products included thereon; (ii) that the Service will be
uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency
of any information or content provided through the Service; or (iv) that the
Service, its servers, the content, or e-mails sent from or on behalf of the
Company are free of viruses, scripts, trojan horses, worms, malware, timebombs
or other harmful components.
Some
jurisdictions do not allow the exclusion of certain types of warranties or
limitations on applicable statutory rights of a consumer, so some or all of the
above exclusions and limitations may not apply to you. But in such a case the
exclusions and limitations set forth in this section shall be applied to the
greatest extent enforceable under applicable law.
Governing Law
Terms
of Use shall be governed by and interpreted and construed in accordance with
the laws of India. Shall be the place of jurisdiction exclusively in Gurugram.
Buyer
and Seller shall comply with all the applicable laws (including
without limitation Foreign Exchange Management Act, 1999 and the rules
made and notifications issued there under and the Exchange Control Manual
as may be issued by Reserve Bank of India from time to time, Customs Act,
Information and Technology Act, 2000 as amended by the Information
Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and
the rules made there under, Foreign Contribution Regulation Act, 1976 and
the rules made there under, Income Tax Act, 1961 and the rules made there under,
Export Import Policy of government of India) applicable to them
respectively for using Payment Facility and JUST SHOP Website.
Buyer's arrangement with Issuing Bank:
1. All Valid Credit / Debit/ Cash Card/ and
other payment instruments are processed using a Credit Card payment
gateway or appropriate payment system infrastructure and the same will
also be governed by the terms and conditions agreed to between the Buyer
and the respective Issuing Bank and payment instrument issuing company.
2. All Online Bank Transfers from Valid Bank
Accounts are processed using the gateway provided by the respective
Issuing Bank which support Payment Facility to provide these services to
the Users. All such Online Bank Transfers on Payment Facility are also
governed by the terms and conditions agreed to between Buyer and the
respective Issuing Bank.
Disputes (Resolutions) Policy
Overview
Generally,
transactions are conducted smoothly on JUST SHOP. However there may be
some cases where both the Buyers and Sellers may face issues. At JUST
SHOP, we have a Dispute Resolution process in order to resolve disputes
between Buyers and Sellers.
What is
a 'dispute'?
A
'Dispute' can be defined as a disagreement between a Buyer and a Seller
in connection with a transaction on the Website.
How
does a 'dispute' occur in the Marketplace?
Disputes
are filed as a result of a disagreement between the Buyer and the
Seller. Disputes arise out of an issue that is raised by either party not
being completely satisfied with the resolution of their complaint/issue.
It is
important that before a Buyer/Seller raises a dispute, they should attempt
to solve the issue. Please note that whenever a Buyer raises a dispute,
the Seller's payment for that order is put on hold immediately until the
issue is resolved.
How is
a 'dispute' created?
Whenever
there is a disagreement, the Buyer can write to justshopindia@gmail.com, while
the Seller can write to sellerdispute@just-shop.in, in order to raise a
dispute. Disputes can be raised at a particular transaction level.
What
are the various types of 'disputes'?
Following
are the indicative examples of potential disputes:
1.
Wrong item received
2. Item
not as described
Damaged
or Seal broken on Product
Part/Accessory
missing
Item
not Compatible
Seller
Description/Specification Wrong
Defective
(Functional issues)
Product
not working and Manufacturer claims invalid Invoice
In case
the Seller rejects the return request of the Buyer, and Buyer raises
a dispute, then JUST SHOP will try to mediate and resolve the dispute between
both the parties. If the dispute is resolved in favor of the Buyer, a
refund is provided once the product is returned to the Seller. If the
dispute is settled in favor of the Seller, Buyer is entitled to any
refund.
Buyer Protection Program
In case
of a dispute where the Seller is unable to provide a refund or
a replacement, JUST SHOP will actively work towards reaching a resolution.
The
Buyer Protection Program covers Buyers who are unable to
successfully resolve their dispute with the Seller or are not satisfied
the resolution provided by the Seller.
The
Buyer can write to buyerdespute@just-shop.in if the issue with the
Seller is not resolved. JUST SHOP's Customer Support team will look into
the case to check for possible fraud and if the Buyer has been
blacklisted/blocked from making purchases on the Website. Only after
verifying these facts, a dispute can be registered.
In due
course of resolution, JUST SHOP's Customer Support Team will facilitate
a conference call including the Seller and the Buyer.
When a
dispute has been raised, JUST SHOP may provide both the parties access
to each others Display Names, contact details including email addresses
and other details pertaining to the dispute. Buyers and Sellers are
subject to final consent from JUST SHOP for settling the dispute.
Buyer Eligibility and Restrictions
• Only
the Buyers who have purchased the product on JUST SHOP are eligible for
the Buyer Protection Program.
•
Buyers can file a dispute within 45 days from the date of delivery of the
product
• Any
damage or loss to the product after delivery will not be covered under
this program and will completely be the Buyer's responsibility. Buyers
should refuse to accept delivery if the item is damaged.
• To be
able to take advantage of the Buyer Protection Program, Buyers
should first contact the Seller and attempt to resolve the issue. If the
Buyer doesn't hear from the Seller or is unable to resolve the issue with
the Seller even after contact, a dispute can be raised with JUST SHOP by
writing an email to buyerdespute@just-shop.in • Fraudulent charges and
claims are not covered under Buyer Protection Program
• If
the Buyer has already initiated chargeback through the credit card issuing bank,
it will not be covered under Buyer Protection Program, though in
such cases a Seller can file a claim through the Seller Protection
Program.
•
Blacklisted and Blocked Buyers are not covered by the Buyer
Protection Program.
•
Buyers who have reached their maximum lifetime limit for claims are also
not eligible. Buyers can make a maximum of 5 claims per year on JUST SHOP.
If the claim was withdrawn, it is not counted. The coverage amount will be
limited to ₹50,000
•
Through the Buyer Protection program, JUST SHOP does not provide
any guarantee/warranty to Buyers for products sold on JUST SHOP against
technical/manufacturing defects.
•
Raising disputes against Sellers does not automatically entitle the Buyer to
a refund or replacement for the product purchased. JUST SHOP shall verify
the disputes so raised and may process only such claims that are valid and
genuine.
• JUST
SHOP shall at no point be responsible for any direct or indirect
losses, expenses, costs of any nature whatsoever that may be incurred by
any Buyer/Seller.
•
Claims of the nature of 'Buyer remorse' (i.e. instances where products
are bought by the Buyer by mistake or where the Buyer chooses to change
his/her mind with regard to the product purchased by him) will not be
entertained through this program.
• JUST
SHOP reserves its right to initiate civil and/or criminal proceedings
against a User who, files an invalid and/or false claims or provides
false, incomplete, or misleading information. In addition to the legal
proceedings as aforesaid, JUST SHOP may at its sole discretion suspend, block,
restrict, cancel the Display Name [and its related Display Names] of such
User and/or disqualify that user and any related users from availing
protection through this program.
•
Decisions made by JUST SHOP under the Buyer Protection Program shall be
final and binding on its Users.
• JUST
SHOP reserves the right to modify / discontinue Buyer Protection
Program without any prior notice period to its Users.
•
Through this program, JUST SHOP shall not entertain claims of Buyers who
have incurred loss due to delayed shipment or delivery of the item by the
Seller.
• JUST
SHOP Customer Support Team may seek additional information / clarification from
Buyer to facilitate resolution of the dispute. In the event Buyer does not
respond with information / clarification sought within 10 days of such request,
the dispute shall be auto-closed in favor of the Seller.
Disputes via Chargeback
Whenever
a chargeback (CB) comes from a payment gateway/bank, following situations
may arise:
1. Item
not received CB - Buyer hasn't received the item. Refund will be
created in accordance with the dispute policies
2.
Unauthorized CB - Buyer hasn't made this particular transaction. Refund will
be created in accordance with the dispute policies.
Seller
expressly agrees that issuing the correct and complete invoice is the
sole and primary responsibility of the Seller. Furthermore, Seller shall
ensure that invoices state "Powered by JUST SHOP" and failing to
do so Seller will be liable for chargeback’s (as applicable).
3. Item
not as described - meaning item is not what Buyer expected. Dispute
will be decided in accordance with the dispute policies.
Indemnity
You
shall indemnify and hold harmless JUST SHOP, its owner, licensee,
affiliates, subsidiaries, group companies (as applicable) 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 this
Terms of Use, privacy Policy and other Policies, or Your violation of any
law, rules or regulations or the rights (including infringement of
intellectual property rights) of a third party.
Jurisdictional Issues/Sale in
India Only
Unless
otherwise specified, the material on the Website is presented solely
for the purpose of sale in India. JUST SHOP makes no representation that
materials in the Website are appropriate or available 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 JUST SHOP is not responsible for supply of products/refund
for the products ordered from other locations/Countries other than India,
compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This
site is controlled and operated by JUST SHOP and products are sold
by respective Sellers. All material on this site, including images,
illustrations, audio clips, and video clips, are protected by copyrights,
trademarks, and other intellectual property rights. Material on Website 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 email 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, use of
the materials on any other website or networked computer environment or
use of the materials for any purpose other than personal, non-commercial use is
a violation of the copyrights, trademarks and other proprietary rights,
and is prohibited. Any use for which you receive any remuneration, whether
in money or otherwise, are a commercial use for the purposes of
this clause.
Trademark complaint
JUST
SHOP respects the intellectual property of others. In case you feel that
Your Trademark has been infringed, you can write to JUST SHOP at seller
@just-shop.in
Product Description
JUST SHOP
we do not warrant that Product description or other content of
this Website is accurate, complete, reliable, current, or error-free and
assumes no liability in this regard.
Severability and
Waiver
Severability
If any
provision of these Terms is held to be unenforceable or invalid, such provision
will be changed and interpreted to accomplish the objectives of such provision
to the greatest extent possible under applicable law and the remaining
provisions will continue in full force and effect.
Waiver
Except
as provided herein, the failure to exercise a right or to require performance
of an obligation under these Terms shall not affect a party's ability to
exercise such right or require such performance at any time thereafter nor
shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These
Terms and Conditions may have been translated if we have made them available to
you on our Service. You agree that the original English text shall prevail in
the case of a dispute.
Changes to These Terms and Conditions
We
reserve the right, at our sole discretion, to modify or replace these Terms at
any time. If a revision is material we will make reasonable efforts to provide
at least 30 days' notice prior to any new terms taking effect. What constitutes
a material change will be determined at our sole discretion.
By
continuing to access or use Our Service after those revisions become effective,
you agree to be bound by the revised terms. If you do not agree to the new
terms, in whole or in part, please stop using the website and the Service.
POLICIES
Profanity Policy
JUST
SHOP prohibits the use of language that is racist, hateful, sexual or obscene
in nature in a public area.
This
policy extends to text within listings, on Seller pages and all other areas
of the site that another User may view. If the profane words are part of a
title for the item being sold, we allow Sellers to 'blur' out the bulk of
the offending word with asterisks (i.e., s*** or f***).
Please
report any violations of this policy to the correct area for review:
Report offensive Display Names
Report offensive language in a listing or otherwise
If a
feedback comment; or any communication made between Users on the Website;
or email communication between Users in relation to transactions conducted
on Website contain profanity, please review Our feedback removal policy
and submit a request for action/removal.
Disciplinary
action may result in the indefinite suspension of a User's
account, temporary suspension, or a formal warning.
JUST
SHOP will consider the circumstances of an alleged policy violation and
the user's trading records before taking action.
Violations
of this policy may result in a range of actions, including:
Limits
placed on account privileges;
Loss of
special status;
Account
suspension.
Email
Abuse & Threat Policy
Private
communication, including email correspondence, is not regulated by JUST
SHOP. JUST SHOP encourages its Users to be professional, courteous and
respectful when communicating by email.
However,
JUST SHOP will investigate and can take action on certain types
of unwanted emails that violate JUST SHOP policies.
Such
instances:
Threats
of Bodily Harm - JUST SHOP does not permit Users to send explicit threats
of bodily harm.
Misuse
of JUST SHOP System - JUST SHOP allows Users to facilitate transactions
through the JUST SHOP system, but will investigate any misuse of this
service.
Spoof
(Fake) email - JUST SHOP will never ask you to provide sensitive
information through email. In case you receive any spoof (fake) email, you
are requested to report the same to us through 'Contact Us' tab.
Spam
(Unsolicited Commercial email) - JUST SHOP's spam policy applies only
to unsolicited commercial messages sent by JUST SHOP Users. JUST SHOP
Users are not allowed to send spam messages to other Users.
Offers
to Buy or Sell Outside of JUST SHOP - JUST SHOP prohibits email offers to
buy or sell listed products outside of the JUST SHOP Website. Offers of
this nature are a potential fraud risk for both Buyers and Sellers.
JUST
SHOP policy prohibits user-to-user threats of physical harm via any
method including, phone, email and on our public message boards.
Violations
of this policy may result in a range of actions, including:
Limits
on account privileges
Account
suspension
Cancellation
of listings
Loss of
special status
Other
Businesses
JUST
SHOP does not take responsibility or liability for the actions, products,
content and services on the Website, which are linked to Affiliates and /
or third party websites using Website's APIs or otherwise. In addition,
the Website may provide links to the third party websites of our
affiliated companies and certain other businesses for which, JUST SHOP
assumes no responsibility for examining or evaluating the products and services
offered by them. JUST SHOP does not warrant the offerings of, any of these
businesses or individuals or the content of such third party website(s).
JUST SHOP does not endorse, in any way, any third party website(s) or
content thereof.
JUST SHOP Infringement Verification (FIV) -
Reporting Listing Violations
JUST
SHOP has put in place JUST SHOP Infringement Verification process so
that intellectual property owners could easily report listings that
infringe their rights. It is in JUST SHOP's interest to ensure that
infringing products are removed from the site, as they erode Buyer and
good Seller trust.
If you
are a Verified Rights Owner and want to report a listing issue, see JUST
SHOP's FIV. Note: Only the intellectual property rights owner can report
potentially infringing products or listings through FIV. If you are not
the intellectual property rights owner, you can still help by getting in
touch with the rights owner and encouraging them to contact us.
If your
listing was removed through FIV, and you believe that your listing was
removed in error, please contact us.
JUST
SHOP does not and cannot verify that Sellers have the right or ability to
sell or distribute their listed products. However, JUST SHOP is committed
to removing infringing or unlicensed products once an authorized
representative of the rights owner properly reports them to JUST SHOP.
FIV works
to ensure that item listings do not infringe upon the copyright, trademark
or other intellectual property rights of third parties. FIV participants have
the ability to identify and request removal of allegedly infringing
products and materials.
Any
person or company who holds intellectual property rights (such as
a copyright, trademark or patent) which may be infringed upon by products
listed on JUST SHOP is encouraged to become a FIV member.
Program
membership entitles you (Verified Rights Owner) to the following benefits:
Rapid
response by JUST SHOP in ending listings reported by you (as the Verified
Rights Owner) as allegedly infringing
Dedicated
priority email queues for reporting alleged infringements
The
ability to obtain identifying information about JUST SHOP's users'
How to
Become a FIV Member
To join
the FIV, we require only that you fully complete and email us a Notice
of Infringement form specifying the allegedly infringing listings and the
infringed work complete with an original authorized signature. The
information requested by the Notice of Infringement is designed to ensure
that parties reporting products are authorized by the rights owners, and
to enable JUST SHOP to easily identify the material or listing to be
ended.
In the
interest of keeping the process easy and simple, after we receive your
first Notice of Infringement in hard copy, future notices can be sent to us
by email at seller@just-shop.in
Note:
In your notice of infringement, you shall be required to identify
the individual listing which is infringing your intellectual property.
General notices shall not be accepted.
We are
happy to receive such information, but must advise that we may be limited
in our ability to respond to your request absent formal notice from
an authorized rights owner.
Notice
of Infringement
SLAJ JUSSTSHOP
ENTERPRISES PVT. LTD.
_______________________
_______________________
I, [name] ____________________________ of [address] _________________________
do solemnly and sincerely declare as follows:
1. I am
the owner of certain intellectual property rights, said owner being
named __________________ ("IP Owner").
2. I
have a good faith belief that the item listings or materials identified in
the annexure attached hereto are not authorized by the above IP Owner, its
agent, or the law and therefore infringe the IP Owner's rights. Please
expeditiously remove or disable access to the material or products claimed
to be infringing.
3. I
may be contacted at:
Name
___________________________________________________________
Title &
Company ________________________________________________________
Address
_________________________________________________________
Email (correspondence) ___________________________________________________
Telephone/Fax _____________________________________________________________
Date _________________________________________________________________
And I
make this declaration conscientiously believing it to be true and correct.
Declared
by ______________________________
On [date] ___________________________________
in [place] ________
Truthfully,
Signature
Addendum
to Notice of Infringement:
List of
Allegedly Infringing Listings, Products, or Materials
A Note
on Reason Codes: When identifying item numbers please use the
reasons below. When removing products from the site, JUST SHOP will inform
Sellers of the specific reason for the removal of their products.
Select
the most appropriate reason. Please associate each item you report
with only one reason code.
Trademark-infringement
1.
Trademark owner doesn't make this type of product or has discontinued
the production of the product
2.
Item(s) is an unlawful replica of a product made by the trademark owner or
is counterfeit
Trademark-listing
description infringement
3.
Listing(s) has unlawful comparison to trademark owner's brand or product
4.
Listing(s) contains unlawful use of trademark owner's logo
Copyright-item
infringement
5.
Software is being offered without any license or in violation of a license
6.
Item(s) is a bootleg recording;
7.
Item(s) is an unlawful copy (software, games, movies, etc.);
8.
Item(s) is unlawful duplication of printed material
9.
Item(s) is an unlawful copy of other copyrighted work (paintings,
sculptures, etc.)
Copyright-listing
content infringement
9.
Listing(s) comprises unauthorized copy of copyrighted text
10.
Listing(s) comprises unauthorized copy of copyrighted image
11.
Listing(s) comprises unauthorized copy of copyrighted image and text
Reason Code: _____________________________________________________________
Work(s)
Infringed:
_________________________________________________________
Item Number(s): ___________________________________________________________
Note:
1.
Please provide the ownership of Trademark (Trademark Registration
Certificate should be in the name of applicant)
2.
Please provide the evidence as to the ownership of copyright.
All
such Notices of Infringement shall be sent to infringement@just-shop.in;
or seller@just-shop.in
Contact Us
If you
have any questions about these Terms and Conditions, You can contact us:
By
email: justshopindia@gmail.com
By
visiting this page on our website: http://www.just-shop.in/contact
Grievance officer
In
accordance with Information Technology Act 2000 and rules made there
under, the name and contact details of the Grievance Officer are provided
below:
Mr. J.P.KHANDELWAL
Designation:
COO & Chief Grievance Officer
SLAJ JUSSTSHOP
ENTERPRISES PVT. LTD.
3rd
floor, orchid center, sec. 53 Gurugram H.R. (india) 122002
Email: info.justshopindia@gmail.com
CIN. U46901HR2024PTC126268
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