TERMS AND CONDITIONS
By subscribing to or using our services offered here on this website, you have taken note, acknowledged, undertaken to have constructive notice of the Terms and Conditions laid down herein under. Upon subscription or usage of services you are legally bound by the Terms and Conditions. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Baumwolle Hawkers Pvt Ltd. Accessing, browsing or otherwise using the site indicates that you agree to all the terms and conditions in this agreement. By using the services of Baumwolle Hawkers Pvt. Ltd. you agree to be bound by these terms and conditions. All products/services and information displayed on jignov.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. If you do not want to be bound by the Terms, you must not subscribe to or use our services. Baumwolle Hawkers Pvt. Ltd. reserves the right to accept or reject your offer.
As used in this document, the following terms shall have the following respective meanings:
- "We" / "Us" / "Our" / "jignov.com" / "Baumwolle Hawkers Pvt. Ltd." /“shop.jignov.com”/"website" means the online shopping platform and the services provided by it, owned and operated by Baumwolle Hawkers Pvt. Ltd. and its affiliates which provides a venue / platform to the Users of Baumwolle Hawkers Pvt. Ltd. to buy the products listed on www.jignov.com
- "Product/Products" means and includes any goods / merchandise /products /services /offers /display items that are uploaded/ showcased/ displayed on jignov.com and the related description, information, procedure, processes, warranties, delivery schedule, etc.
- "Customer" / "buyer" shall mean the person or any legal entity who accepts the offer for sale on jignov.com by placing an order for and purchases any product offered for sale on the platform of Baumwolle Hawkers Pvt. Ltd..
- "User" / "you" means and includes any person or an entity or any legal entity using or accessing the services provided on jignov.
- "Service Providers" shall be interpreted to mean independent third party service providers.
- Use of this Website is conditional on the acceptance of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. We always have the sole discretionary right, not to accept a User from registering on the Website without assigning any reason thereof.
- Immediately notify jignov.com of any unauthorized use of your password or account or any other breach of security;
- Ensure that you exit/logout from your account at the end of each session.
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer; computer;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- violate any applicable laws or regulations for the time being in force in or outside India; and violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
- This offer cannot be combined with any other offer or promotion.
- No cash refund in part or full against this offer.
- EOSS garments cannot be exchanged.
- Loyalty Points cannot be redeemed during EOSS.
- Baumwolle Hawkers Pvt. Ltd. reserves the right to alter any of the terms and conditions of this offer at any time without prior notice.
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, jignov.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to jignov.com without obtaining authorization from jignov.com.
- Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Baumwolle Hawkers Pvt. Ltd. has made this service available to use as a matter of convenience. Baumwolle Hawkers Pvt. Ltd. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Baumwolle Hawkers Pvt. Ltd. does not warrant that this site, its servers, or e-mail sent from Baumwolle Hawkers Pvt. Ltd. are free of viruses or other harmful components. Baumwolle Hawkers Pvt. Ltd. will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Baumwolle Hawkers Pvt. Ltd. will not be responsible for any damage suffered by Users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action
jignov.com has endeavoured to ensure that all the information on the Website is correct, but jignov.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall jignov.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Services;
- unauthorized access to or alteration of the user's transmissions or data;
- any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall jignov.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, jignov.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Baumwolle Hawkers Pvt. Ltd.’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
- User agrees and acknowledges that User shall be solely responsible for User's conduct and that Baumwolle Hawkers Pvt. Ltd. reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall Baumwolle Hawkers Pvt. Ltd., its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Baumwolle Hawkers Pvt. Ltd. sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
Baumwolle Hawkers Pvt. Ltd. shall not be liable for any delay / non-delivery of purchased goods due to flood, fire, wars, acts of God or any cause that is beyond the control of Baumwolle Hawkers Pvt. Ltd..
Notwithstanding anything contained herein,. In no event shall Baumwolle Hawkers Pvt. Ltd., its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through jignov.com. Baumwolle Hawkers Pvt. Ltd. shall only provide replacement and/or manufacturer’s warranty for the products branded by Baumwolle Hawkers Pvt. Ltd.
All prices, unless indicated otherwise are in Indian Rupees. The availability of products is subject to change without prior notice at the sole discretion of Baumwolle Hawkers Pvt. Ltd. and orders can be cancelled if the product goes out of stock. Baumwolle Hawkers Pvt. Ltd. reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or cheque or otherwise. In the event the payment has been processed by Baumwolle Hawkers Pvt. Ltd. the refund amount shall be credited to your credit card account and duly notified to you by email or sent by cheque.
In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Baumwolle Hawkers Pvt. Ltd. will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User. Any request for cancellation of orders once duly placed on the site, shall not be entertained.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by Baumwolle Hawkers Pvt. Ltd. for re-delivery shall be claimed from the User placing the order.Baumwolle Hawkers Pvt. Ltd. reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes. Baumwolle Hawkers Pvt. Ltd. and its affiliates reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.
You agree to indemnify, defend and hold harmless jignov.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by jignov.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Baumwolle Hawkers Pvt. Ltd.'s discretion.
Title and risk of loss for all products ordered by you shall pass on to you upon Baumwolle Hawkers Pvt. Ltd.'s shipment to the shipping carrier.
- jignov.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached a term of these Terms.
- Notwithstanding the above, these Terms will survive indefinitely unless and until jignov.com chooses to terminate them.
- If you or jignov.com terminates your use of the Website or any Service, jignov.com may delete any content or other materials relating to your use of the Service and jignov.com will have no liability to you or any third party for doing so.
- You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
These terms and conditions shall be governed by and constructed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the courts at Chennai.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation Of Number And Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. jignov.com does not review the contents in any way before they appear on the Website. jignov.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement.