These terms and conditions of use (“Terms of Use” or “Terms”) of the website www.jootarack.com and instances thereof (“Website”) between JootaRack Products, (“Company” or “JootaRack Products” and its successors and assigns) and the users of the Website (“You” or “Your” or “Yourself” or “User”) describe the terms on which the Company offers You access to the Website.
PLEASE READ THE TERMS CAREFULLY BEFORE USING OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOU’RE USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME
This website is owned and operated by JootaRack Products. ———————————————-
These Terms and Conditions apply to your use of this website www.jootarack.com and you agree to accept and bound by these Terms and Conditions by accessing the website and/or placing an order of purchase of Products.
This document constitutes an “electronic record” under the provisions of the Information Technology Act, 2000 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.
All rights, including copyright, in this website, are owned by or licensed to JootaRack Products. JootaRack Products reserves the right to change these Terms & Conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
JootaRack Products Names and Logos and all related merchandise and service names, design marks and slogans are the trademarks or service marks of JootaRack Products.
JootaRack Products also has the exclusive copyright in the JootaRack Products manufactured and sold by it.
Any person illegally or un author singly using the trademark or any other mark which may be deceptively similar to the trademark or any other intellectual property owned by it shall be proceeded with in accordance with the law and such legal action may entail criminal and/or civil proceedings in the competent courts.
JootaRack Products offers this platform that facilitates sale and purchase of merchandise and services (“Services”) by various third party vendors/service providers (“Vendors”) to users. The purchase of products and services shall be governed by the Terms of Use.
Services are not available to minors (persons under 18 years of age). You shall use the website only if you are competent to enter into a legally binding contract under the provisions of Indian Contract Act, 1872.
It shall be your responsibility to ensure that you are eligible to enter into a contract if you are resident outside India. If you do not conform to the above qualification, you are not permitted to avail of the Services. You represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws as applicable in India.
The Company reserves the right to refuse access to use the Services offered on the Website to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.
As a Registered User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and /or on the ‘continue button’ and/or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the “ACCEPTANCE” and on the “Continue” button or any other button and do not seek to obtain access to or otherwise use the Website.
You agree that in no event JootaRack Products shall be liable for any direct, indirect, Incidental, special or consequential damages arising out of or in any way connected with the use of the website or for the delay or inability to use the website, or for any information, products, and services obtained through the website or otherwise arising out of the use of the website whether based on contract or strict liability or any other law or otherwise.
You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by JootaRack Products.
In using the website you agree that you will not :
Omit, delete, forge or misrepresent information.
Impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity.
Engage in any activities intended to withhold or cloak identity or contact information.
Send harassing and/or threatening messages to JootaRack Products.
Post excessive responses to interactive features or functions of this Site.
or
You agree that you are responsible for your own communication and that you will not post, disseminate or transmit any content that:
Infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary rights including, but not limited to, using third-party material which is the subject matter of copyright, without appropriate permission and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality.
You do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships.
Contains personally identifiable information belonging to minors.
Posts disseminates or transmits any worm, viruses or other harmful, disruptive or destructive files, code or programs on the website.
Attempt to penetrate security measures of the website, service or obtain or bypass other passwords.
One year warranty applied from the date of purchase against any manufacturing defects. All JootaRack Products warranties apply to the Customer or Original Owner (the individual who purchased the product for their own use) also referred to as the End User and is not transferable.
The user may carefully read all the information on products and services as provided in relevant sections. By using any of our services you agree that you have read, understood and bound by the Terms & conditions of JootaRack Products. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
By visiting the JootaRack Products website, visitors are to be aware that all pictures and text on the website which may include perpetually any content displayed, is the property of JootaRack Products. No visitor is authorized to copy, reproduce or replicate any of the information on the JootaRack Products website.
The product specifications (weight, size, color, etc) mentioned with the product photos are only approximate. There may be a little bit variation in the pictures and the respective products.
While JootaRack Products makes every effort to ensure content accuracy on its website, visitors are to be advised that delays between cost updates and website changes, stock availability and other technical and managerial issues may cause the information to be temporarily inaccurate on the JootaRack Products website. In such cases JootaRack Products assumes no responsibility for the inconvenience caused. www.jootarack.com sales are “first come, first served” basis. The merchandise is not restocked once sold out. No information regarding the presence of any Product in our stock will be guaranteed and we will alert you only when an item is sold out.
In certain places, the JootaRack Products website may contain links to external or third-party websites. JootaRack Products assumed no responsibility with regards to the content displayed on such sites, their policies or their products and services. Any damages or disputes arising with such third party websites shall bear no link to JootaRack Products whatsoever. These terms and conditions are subject to Indian laws and any dispute shall be subject to the jurisdiction of the courts in Pune (India) only. JootaRack Products may change, modify or delete this Disclaimer at any time. Visitors are requested to check back with this page often.
By accessing the website you agree that in no event shall JootaRack Products be liable for any direct, indirect, Incidental, special or consequential damages arising out of or in any way connected with the use of the website or for the delay or inability to use the website, or for any information, products and services obtained through the website or otherwise arising out of the use of the website whether based on contract or strict liability or any other law or otherwise.
JootaRack Products reserves the right to make changes to the site, related policies and agreements, Terms & Conditions, Privacy Policy at any time.
Force Majeure
No Party shall be deemed to be in default if performance of the obligations required by this terms and conditions is delayed or becomes impossible because of any act of God, War, Fire, Strike or other labor disturbances, technological or civil commotion or disruption, riots, epidemic, acts of Government, its agencies or officers, or any other legitimate cause which is not due to any act or omission of the Parties, beyond the control of the Parties and not being due to lack of funds or financing (“Force Majeure Events”).
Governing Low
The Terms and all transactions between you and JootaRack Products shall be governed in accordance with the laws of India without reference to any conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Pune.
JootaRack Products shall introduce various offers, schemes or contest at different times and JootaRack Products reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes introduced in the market from time to time.
While participating in the contest you hereby agree to release JootaRack Products from any claim or demand, including but not limited to reasonable attorneys fees or arising out of or related to your participation in the said contest.
Communications
You hereby agree to receive messages and newsletters from JootaRack Products by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from JootaRack Products at any time by following the procedure set forth in the Website.
Indemnity
You agree to indemnify, defend and hold harmless to JootaRack Products 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 JootaRack Products that arise out of, result from, or maybe 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.
Violation of the terms of use
If you violate the Terms & Conditions laid down, JootaRack Products holds the right to terminate your access to the Website.
Violation by you of the Terms will constitute an unlawful and unfair business practice and will cause irreparable harm to JootaRack Products, for which monetary damages are likely to be inadequate, and You consent to JootaRack Products obtaining any injunctive or equitable relief that JootaRack Products deems necessary or appropriate.
JootaRack Products will also be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted toJootaRack Products.
The Terms will continue to apply until terminated by JootaRack Products as set forth. If you do not accept these Terms & Conditions you may choose not to access the Website or close your accounts (if any).
JootaRack Products shall not be liable to you or any third party for any such termination.
Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension.
JootaRack Products may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You. In case the provision of the Services to you is, or becomes, unlawful or pursuant to Law.
The provision of the Services to you remains, no longer commercially viable.
JootaRack Products discontinues, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to You. Restrict access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof. Deletion of your materials and/or Account Information, including your personal information, log-in ID and password, and all related information, files, and materials associated with you or inside your Account (or any part thereof).
All notices from JootaRack Products will be served by general notification on the Website. Any notice to be provided to JootaRack Products pursuant to the Terms should be sent to ————————–.
If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision.
Any failure by JootaRack Products to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
Any feedback you provide to JootaRack Products shall be deemed to be non-confidential and JootaRack Products shall not be under any obligation of confidentiality, express or implied and you are not entitled to any compensation or reimbursement for the feedback under any circumstances. JootaRack Products shall be free to use such information on an unrestricted basis.
We try our best to deliver products exactly the way they appear on the site. JootaRack Products hereby disclaims any guarantees of exactness of the finish, color, shade or appearance of the final product ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through our Website may differ with your expectations. In the case of any significant material damage to the Product, Transportation from Courier or any transport service the customer must remark (split of packing or any damage doubt) on the receiving docket (receipt) before signing. And send a signing docket (receipt) photocopy and photographic evidence of the damaged product via email ——————————————–and send on company provided what’s app number at the time of delivery. JootaRack will review the evidence, and take the necessary action as per terms of Warranty & Replacement.