Terms and Conditions

 

By accessing or using the Website, or any of our services, you agree that you have read, understood and are bound by these terms and conditions (“Terms”) without any recourse or liability to us.

The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules framed thereunder as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures. The conduct of the User shall be governed by these Terms. These Terms are made available to the User 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 the Website.

 
1. Definitions

The following words and terms, whenever used in this Agreement, unless repugnant to the meaning or context thereof, shall have the respective meanings set forth below:

1.1 “Applicable Law” means treaties, conventions, statutes, laws, legal requirements, rules, regulations, ordinances, codes, judgments, injunctions, orders or other requirements of any Governmental Authority; all being of the Republic of India.

1.2 The domain name www.jmtagro.com, an internet based portal, and jmtagro, a mobile application, is owned and operated by JMT Glass & Agro Private Limited, a company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter, referred to as “jmt” or “We” or “Our” or “Us” or “Company” and include JMT Glass & Agro Private Limited, its Offices, Officers, Directors, Owners, Administrator, Independent Contractors, Employees, Agents or affiliates).

1.3 The domain name and the mobile application are collectively referred to as “Website”.

1.4 “Products” means the branded fast moving consumer goods including, but not limited to branded home care and lifestyle products that are marketed and sold on the Website

1.5 The Website is a platform that facilitates the sale of various kinds of products and running of incentive scheme/s (hereinafter collectively referred to as “Services”) to various natural individual persons.

1.6 JMT appoints firms / company / legal entity (hereinafter, referred to as “distributor”) to run and manage service offered in the website. The arrangement between the distributor and jmt shall be governed in accordance with this Terms of Use which may change time to time at full discretion of jmt.

1.7 The Services would be made available to such natural persons who have agreed to become buyers on the Website after obtaining due registration, in accordance with the procedure as determined by jmt, from time to time (referred to as “You” or “Your” or “Yourself” or “Retail Customer” or “Network Customer” or “User”), which terms shall also include natural persons who are accessing the Website merely as visitors). Network customer means the users who have signed up in the website by reference from other user / website. Retail customer means the users who have signed up in the website without any reference from other user / website. The Services are offered to the Users through various modes and schemes which is solely run and managed by distributor.

1.8 “Bulk Order” shall mean any order negotiated directly with the company for the purchase of goods.

1.9 “Company Intellectual Property” means (i) all designs/styles of the Website, blogs, featured articles etc. of the Company, and all words, names, devices, symbols, logos, slogans, designs, brands, service mark, word marks, trade name, other distinctive feature or any combination of the foregoing, whether registered or unregistered, used and/or attributable to the Company’s products and the Website, (ii) the User information that is collected by the Company from the Users as per the privacy policy of the Company.

1.9 Your access or use of the Website, transaction on the Website and use of Services hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference.

 

 

2. Interpretation

2.1 The words “hereof”, “herein” and “hereunder” and words of similar import, when used in these Terms, shall refer to these Terms as a whole and not to any particular provision of these Terms.

2.2 Words denoting the singular shall include the plural and words denoting any gender shall include all genders.

2.3 The headings to clauses, sub-clauses and paragraphs of these Terms of use shall only serve the purpose of easier orientation, convenience and identification only and are not intended to describe, define, interpret or limit the scope, extent or intent of these Terms of use and shall not affect the contents and interpretation.

2.4 Reference to days, months and years are to English calendar days, calendar months and calendar years, respectively.

2.5 Any reference to “writing” shall include printing, typing, lithography, an electronic record in terms of Information Technology Act, 2000 and rules framed there-under as applicable, and other means of reproducing words in a visible form.

2.6 The words “include” and “including” are to be construed without limitation.

2.7 The words “Your” or “your” or “You” or “you”, when used in this Agreement, shall refer to and mean “User” or “Users” as the case may be.

 

3. Applicability

3.1 These Terms of Use constitutes a legal and binding contract between you on one part and jmt on the other Part.

3.2 By accessing, browsing or in any way transacting on the Website, or availing any Services, you signify your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in website), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if you navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern your use of that website.

3.3 The Website is a platform that facilitates (i) services solely managed and operated by distributor/s, (ii) online advertisements including own advertisements and advertisements of various sponsors for advertising and marketing their own goods and services (“Third Party Advertisers”) and (iii) information platform (both of own and of third party advertisers) providing different information to the Users accessing the Website.

3.4 The arrangement between the jmt, distributor and you shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time,

3.5 The Services are offered to You through various modes which may include issue of codes, discount coupons and vouchers that can be used for services offered by distributor. To facilitate the relation between You and distributor through the Website, jmt shall send You promotional and/or informative content including but not limited to emailers, notifications and messages.

3.6 Network Customer, being fully satisfied with service offered in website can refer website and service to other such natural persons (herein after called “downline customer”) who have agreed to become buyers on the Website after obtaining due registration, in accordance with the procedure as determined by jmt, from time to time and for doing so, network customer can generate reference code through the website for downline customer. There may or may not be incentive scheme for network customer which is at sole discretion of distributor and may change from time to time with immediate effect without any prior information. It is the duty on the part of network customer to stay updated about any such incentive scheme and its terms and conditions, changes and/ or modification from time to time. It may not be possible to send individual communication to network customer about such incentive scheme, if any and its changes and/or modifications. Continued use of the Website and Service by network customer will confirm that the network customer has voluntarily participated in the incentive scheme, if any knowingly all its terms and conditions and that network customer has updated information about incentive scheme, if any along with terms and conditions, changes and/or modifications therein and that network customer has fully understood incentive scheme, if any along with terms and conditions, changes and/or modifications therein and that network customer have fully accepted all terms and conditions of incentive scheme, if any along with changes and/or modifications therein unconditionally and that network customer is fully satisfied with incentive scheme, if any along with its terms and conditions, changes and/or modifications therein without any grievance and that the network customer voluntarily waive his right he may have to move any court of law about incentive scheme, if any along with its terms and conditions, implementation, functioning, operations, changes and/or modifications therein. Retail customer can not generate any reference code for downline customer and can not be eligible for any incentive scheme/s.

3.7 You agree and acknowledge that the Website is a platform that You and distributor utilize to meet and interact with each other for transactions. jmt is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the distributor.

3.8 jmt reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.

3.9 These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
i. The Indian Contract Act, 1872 (“Contract Act”);
ii. The (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
iii. The Consumer Protection Act, 1986

3.10 The Company authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Advertisers’ content as well as in-house content provided by jmt including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (collectively, “Content”). Content is the property of the respective owner and is protected under copyright, trademark and other applicable law(s). You shall not modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.

3.11 Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access service and transact on the Website.

3.12 These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

4. Use of the Website; Registration; Account Security

4.1 Only those persons who are competent to contract under the Indian Contract Act, 1872 are entitled to access the contents of the Website. If we discover that the person accessing the Website is under the legal age of 18 years, then we reserve the right to refuse the access to the Website or provision of the Services to such person.

4.2 By using and accessing the Website, the User hereby irrevocably declares and represents that he is of legal age, that is, 18 years or older and competent to contract under the Indian Contract Act, 1872 and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

4.3 On visiting the Website, the User will have the option to register and create an account on the Website, or to continue using the Website as a guest. However, the User who is accessing the Website as a guest will not be able to avail of all the Services.

4.4 If you wish to register with the Website, then you will be required to create an account on the Website by filling out a registration form online. Upon successful registration, you will receive user ID and password for accessing your account. You shall be solely responsible for the confidentiality of your password and account, and hereby agree to do all such acts, deeds, matters, and things that may be necessary in respect thereof. Accordingly, if there is any unauthorized use of your account on the Website, or any other breach of security, then you shall notify the Website of the same.

4.5 While you are accessing the Website, you may be required to provide certain information to us, and we may collect further information from you, for the purpose of provision of the Services. The collection, retention, use, disclosure of such information shall be subject to the privacy policy of the Website.

4.6 The Company reserves, at its sole discretion, the right to refuse any User to access the Website or avail any Services, without assigning any reason. The Company also reserves, at its sole discretion, the right to block any User from creation of any User account, or block any User registered on the Website from accessing the Website or Services, without assigning any reason.

4.7 You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify jmt if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.

4.8 User hereby declares and verifies that all information provided by the User is true, accurate and genuine. User hereby agrees that in case any information provided by the User is not true or accurate or genuine or complete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, then the Company shall have the right to indefinitely suspend or terminate or block access of User’s account on the Website.

 

5. Products

5.1 The Website is an online e-commerce portal that merely facilitates the sale and purchase of the Products by allowing Distributor to advertise and sell Products to Users of the Website. The sale of the Products on and through the Website shall always be on a principal-to-principal basis between you and the distributor, and the Company shall have no liability or obligation whatsoever in respect thereof.

5.2 You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Products and Services are offered by and agreed to between You and the distributor and the contract for purchase of any product, offered for sale on the Website shall strictly be a bipartite contract between the distributor and You.

5.3 The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery related to Services are offered by the Distributor. jmt does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to between you and the distributor.

5.4 The placement of an order by You shall constitute an offer by You to enter into an agreement with the distributor (“Offer”). Post the Offer to the distributor, jmt shall send an email to You with the information on the Offer along with the details of the concerned distributor(s) who may undertake the sale, and such an email shall be considered as an acceptance of the Offer and the acceptance of the Offer would only be undertaken by the distributor(s) after ascertainment of the available stock in the relevant distributor. Upon acceptance of the Offer by the concerned distributor, products would be packed, in accordance with the terms of the order placed by You. You agree and acknowledge that the property and title in the products ordered by You shall stand immediately transferred to You upon the packing of products and the raising of the invoice at the concerned distributor. Accordingly, the sale of Products is concluded at the concerned distributor itself. The invoice in relation to the products, that are required to be delivered to You shall be issued by the concerned distributor which is to process and satisfy the order for such Products/s. The Product/s shall be delivered by the distributor or independent contractors. You accept and acknowledges that the distributor or such other transporter/ courier/ delivery personnel, engaged by the distributor or jmt, shall be independent contractors in-charge of the delivery of the product/s from the concerned distributor to the address notified by You, with no control over the Product/s and no additional obligation apart from standard delivery obligations and duty of care. You further accept and acknowledge that jmt does not engage in the distribution of the products and services and may provide the services of a third party transporter/ courier delivery personnel for the purposes of delivery of Prodcut/s from the concerned distributor to the address notified by You.

5.5 You hereby agree to furnish on the Website all such information that may be required by us from time to time and/or which may be necessary under the Applicable Laws to facilitate the sale and delivery of the Products on and through the Website.

5.6 Nothing contained or displayed on the Website shall be, or in any manner deemed to be a, a representation or warranty or guarantee f urnished by us in relation to the Products, including their quality, durability, effectiveness, etc. and the Company shall not be, or in any manner deemed to be, liable in respect thereof. The Company further makes no representation or gives any warranty or condition either express or implied with regard to any other information or Services available on the Website.

5.7 You agree, accept and acknowledge that the Company displays on the Website all the information relating to the Products, including but not limited to the description of the Products, application and instructions for use of such Products, etc. as may be made available. You do hereby agree that you are using the service offered in the website, being fully satisfied with products including, but not limited to their quality, description and other features and the Company shall have no liability or obligation in respect thereof. Accordingly, if any such information seems to be untrue, incorrect, incomplete, misleading or fraudulent to You , you do hereby voluntarily waive your right you may have to move any court of law for any claims by you, and the Company shall not be liable in any manner whatsoever.

5.8 The Products are listed on the Website on an “as available” basis, and the Company will update, from time to time, information relating to the availability of the Products.

5.9 Each User / distributor are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. jmt is in no way responsible for any of the taxes except for its own income tax and gst.

5.10 You agree and undertake that the Products which you shall order from the Website shall be solely used for your personal use only and shall not be sold commercially. The Company reserves, at its sole discretion, the right to cancel any order placed by any User on the Website if it determines, in its sole and absolute discretion, that such an order is a Bulk Order and might be used for purposes other than personal use.

5.11 You also accept and acknowledge the following:
                     1. jmt is not responsible for any unsatisfactory, delayed, non- performance or breach of the contract entered into between You and the distributor for purchase and sale of goods or services offered by such distributor on the Website;
                     2. jmt cannot and does not guarantee that the concerned distributor will perform any transaction concluded on the Website;
                     3. jmt shall not and is not required to mediate or resolve any dispute or disagreement between You and distributor. In particular, jmt does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website.
                     4. Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any product being offered for sale by the distributor on the Website or recommendations of any kind. You shall not hold jmt responsible or liable for any damages arising out of reliance on such content by You.
                     5. jmt makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by jmt employees. jmt is not responsible for transmission errors, corruption of data.
                     6. Your right to use the Services is not transferable.

 

6. Payments

6.1 Registration on the Website and the access to the information provided on the Website is free.jmt does not charge any fee for accessing, browsing and using services through the Website. You agree to make all payments directly to the respective distributor for purchase products through the services of the website.

6.2 Prices for the respective Products are set out on the Website, and are incorporated into these Terms by reference. The prices of the Products are subject to change without any prior notice, and at the sole discretion of the Website and the distributor. The Company shall not be liable for any claims or liabilities arising in respect of such revision of prices.

6.3 In respect of payment for any Product/s that are ordered on the Website, the User will have the option to make such payments by either credit card, debit card or net banking through Certified Secured Payment Gateway.

6.4 Upon initiating a transaction for purchase of any Product/s through credit card or debit card or net banking, the User will be redirected to a secure payment gateway for making payment for the Products. In this regard, the Company may enter into agreements with third-party payment gateway aggregators, and nodal banks for the purpose of collection, remittance and retention of the payments made by the User.

6.5 In respect of the payment mechanisms offered on the Website, and your use thereof, the Company shall not be liable in any manner for any loss or damage that may be caused to you on account of any issues arising out of the transaction and/or the payment mechanism, including any interruption or cancellation thereof, for any reasons whatsoever.

 

7. Shipping and Delivery

7.1 The Product/s shall be delivered by the distributor or independent contractors. You accept and acknowledges that the distributor or such other transporter/ courier/ delivery personnel, engaged by the distributor or jmt, shall be independent contractors in-charge of the delivery of the product/s from the concerned distributor to the address notified by You within 5-15 working days (from date of “ product shipped”), with no control over the Product/s and no additional obligation apart from standard delivery obligations and duty of care. You further accept and acknowledge that jmt does not engage in the distribution of the products and services and may provide the services of a third party transporter/ courier delivery personnel to facilitate delivery of Prodcut/s from the concerned distributor to the address notified by You.

7.2 If your order is below a certain threshold limit, a nominal delivery / shipping cost will be charged. Threshold limit for free delivery and nominal delivery/shipping charges may change from time to time at sole discretion of distributor without any prior notice and will be notified in kart page during order of products by the user. The delivery / shipping charges in respect thereof will be reflected in the final statement of payments that are to be made by the User in respect of the Products.

7.3 Orders are normally processed within 3-4 working days by the distributor (from “product ready for packing” to “product shipped”). The User shall be notified of the estimated time of delivery of the Products in order confirmation page. In case of delay, the Website may, at its sole discretion, inform the User of the same; provided that the Company shall not be liable for any loss or damage caused to the User on account of such delay.

7.4 At present, delivery is available in Tier I and Tier II cities within India only. Please check with customer care about delivery of products in your area before placing your order.

 

8. Return and Exchange Policy

8.1 The Website maintains a strict no return policy. Accordingly, the Company shall not accept any return requests from Users in respect of any Products that are sold and delivered.

8.2 If you have received either a wrong product/s or damaged product/s in transit or if the expiry date in respect of any of the Product/s has already passed as on the date of delivery thereof, or there are any other defect/s in the Product/s , we can replace this with the exact same item. Goods can only be replaced if it is unused and intact with seal, and by providing proof of damage/ defect. Opened or used goods can’t be replaced.

8.3 Please email us at customercare@jmtagro.com within 12 hours of delivery if you want to apply for an replacement of product/s for reasons and conditions as specified in clause no:8.2, stating your order number, date, invoice number and details of product/s for which you want replacement with reasons of replacement with relevant proof (photo or documentation) as seen necessary. Our customer care executive will contact you as soon as possible and will email you detailed instructions on how to replace your product.

 

9. Cancellation

9.1 Cancellations of order will be accepted within 12 hours of the order being placed. In case you need to cancel your order after the order is placed successfully, please write to us at customercare@jmtagro.com with your order details.

9.2 Users are requested to preview the order carefully before making payment. Levy of service charge with GST may be applicable for cancellation of confirmed order and will be collected from user during refund.

9.3 jmt reserves the right to cancel any order without any explanation for doing so, as per the circumstances where the requirement could not be met and in this case, user will be entitled to get full refund of order value paid.

9.4 The company will ensure that any communication of cancellation of an order or any applicable refund (after deduction of applicable service charge + gst, if any) to the user will be made in reasonable time.

 

10. Intellectual Property Rights

The Website is controlled and operated by the Company, and all the Company’s Intellectual Property solely and exclusively belongs to and is owned by the Company. Any redistribution, modification or reproduction of part or all of the contents featured in the Website in any form is prohibited and actionable. You are not permitted to distribute or commercially exploit the Company’s Intellectual Property. Nothing in these Terms grants the User any right in respect of Company’s Intellectual Property. These Terms permit you to use the Website only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Company’s Intellectual Property except as generally and ordinarily permitted through the Website according to these Terms. You must not access or use, for any commercial purposes, any part of the Website or materials available through the Website, except allowed under these Terms.

 

11. Indemnity

User agree to indemnify, defend and hold harmless the Company and its officers, directors, owners, administrator, , distributors and their owners/ partners, subsidiaries, licensors, suppliers, employees, agents, independent contractors, affiliates and each of their respective owners, partners, directors, officers and employees from and against and all loss, claim, actions, demands, liabilities and settlements, including but not limited to lawyer’s fees, fees of third parties, etc., by reason of, in any way relating to, or arising out of (i) user’s access to or use of Website; (ii) User’s violation of these Terms, (iii) user’s violation of any rights of another person/ entity, including infringement of their intellectual property rights and /or (iv)any conduct of the User or any other person operating for and on behalf of the User. The User further undertakes to indemnify & hold harmless, the Company against any judgment, proceedings, liability or cost resulting from or arising out of use of the Website or information/data provided on the Website or Services provided by the Company, by the User.

 

12. Limitation Of Liability

12.1 This paragraph shall apply to all content and functionality of the Company, Website, and Services.

12.2 jmt shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by user as a result of any disclosures made by jmt, where user have consented to the making of such disclosures by jmt. If the user had revoked such consent under the terms of the Privacy Policy, then jmt shall not be responsible or liable in any manner to the user for any losses, damage, injuries or expenses incurred by the user as a result of any disclosures made by jmt prior to its actual receipt of such revocation. The user shall not hold jmt responsible or liable in any way for any disclosures by jmt under Regulation 6 of the SPI Rules.

12.3 jmt assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect user’s equipment on account of the user’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the user is dissatisfied with the Website, the sole remedy of such user(s) is to discontinue using the Website.

12.4 Under no circumstances, including negligence, shall the Company including or anyone else involved in creating, producing or distributing the Services be liable for any direct, indirect, incidental, special or consequential damages including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise that result from the use of or inability to use the Website, Services, Products or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Company records, programs or the Website or Services.

12.5 The Company shall not be liable for 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, in any way relating to or arising out of the use of the Website or Services.

12.6 To the maximum extent permitted by applicable law(s), jmt, its affiliates, distributors, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective owners, partners, directors, officers or employees (herein after called “Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.

12.7 In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User on or through the Website.

12.8 The user is hereby agreed upon that in no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.

12.9 Notwithstanding the above, the User’s exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not exceed the sum of Rs. 500. Such limitations shall apply to the total aggregate liability of the Protected Entities to any user for all damages, losses, and causes of action (whether in contract or tort, including but not limited to negligence, strict liability, service liability or otherwise) without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. jmt accepts no liability for any errors or omissions on behalf of the user.

12.10 In no event shall the Protected Entities be liable for failure on the part of the Users to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services.

 

13. Third Part Website Links

The Company reserves the rights to display sponsored advertisements or third party advertisements on the Website (“Sponsored Links”). Without prejudice to the status of other content, the Company will not be liable for the accuracy of information or the claims made in the Sponsored Links. The Company does not encourage the Users to visit the Sponsored Links page or to avail any services from them. The Company will not be liable for the services of the providers of the Sponsored Links. Your dealings with, or participation in promotions of, advertisers other than Company found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. The Company shall not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or 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. Further, the Company shall not be responsible nor liable for any consequential damages arising on account of you relying on the contents of these advertisements.

 

14. Rules of Conduct

14.1 You agree and undertake that while on the Website, you shall ensure that your use of the Website does not cause the Website, or the access to it to be interrupted, or damaged in any manner, and shall undertake all necessary actions, deeds, matters and things in respect thereof. Accordingly, you agree that while on the Website, you shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that –
a) belongs to another person and to which the such user does not have any right;
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;
c) infringes any patent, trademark, copyright or other intellectual proprietary rights;
d) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
e) violates any Applicable Laws and/or these Terms for the time being in force;
f) impersonates, defames, harass, stalk or threatens any person or violates the legal rights of any person;
g) contains software viruses or any other computer code, files or programs or any other similar software designed to interrupt, damage, destroy or limit the functionality of the website or any computer resource or another’s computer;3
h) harms minors in any way;
i) is prohibited under applicable law(s) for the time being in force; and
j) 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.

14.2 You are also prohibited from:
a) violating or attempting to violate the integrity or security of the Website or any jmt Content;
b) transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by jmt;
c) intentionally submitting on the Website any incomplete, false or inaccurate information;
d) making any unsolicited communications to other user/s;
e) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
f) attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
g) copying or duplicating in any manner any of the jmt Content or other information available from the Website; and
h) framing or hotlinking or deeplinking any jmt Content.

14.3 The Company, upon obtaining knowledge by itself or any user of any of the above acts by a User, then it shall be entitled to remove or disable access to the material or information that is in contravention of this Agreement and to immediately terminate the access or usage rights of the User to the Website.

 

15. Governing Law and Dispute Resolution

User agrees that these Terms and any contractual relationship arising out of the Terms or use of the Website or Services, shall be governed by and construed solely and exclusively in accordance with the laws of the Republic of India without reference to the conflict of laws principles. Any legal action or proceeding related to user(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Kolkata. Any disputes or differences arising under and in pursuance of these Terms and/or the Services shall be referred to the arbitration in English at Kolkata by a sole arbitrator to be appointed by jmt under the Arbitration and Conciliation Act, 1996. The arbitration shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification, or re-enactment thereof, or any statute enacted to replace the same in force from time to time. The arbitration proceedings shall be held in English language and shall be held at Kolkata. The sole arbitrator shall have summary powers and be entitled to give interim directions and awards from time to time. The cost of the arbitration proceedings shall be borne by the user and the company in equal shares.

 

16. Miscellaneous

16.1 The Company reserves the right, at its sole discretion, to change, modify or discontinue, temporarily or permanently, add or remove any part of the Website or portions of these Terms at any time without any prior written notice to the User, and any such change, modification, addition or removal (“Modifications”) shall be considered as part and parcel of these Terms. Users agree that 1mg will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof. It is User’s responsibility to review these Terms periodically for updates/changes. User’s continued use of the Website following the Modifications will mean that the User accepts and agrees to the Modifications.

16.2 Except as expressly set out in these Terms, all warranties, representations, terms, conditions or undertakings whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are, to the fullest extent permitted by law, hereby excluded.

16.3 While communicating/ transacting with each other through the Website, the users shall at all times ensure full compliance with the applicable provisions of the Contract Act, IT Act, IG Guidelines, Consumer Protection Act, 1986, SPI Rules, etc and / or any other applicable law/s as well as all other laws for the time being in force, and ensure due payment of applicable taxes.

16.4 Should any provision or any part of any provision of these Terms be rendered void, invalid or unenforceable by any Court of law or statutory or concerned authorities having jurisdiction, for any reason, then that provision shall be deemed severable from these Terms of Use and shall not render invalid or unenforceable any other provision or part of a provision in these Terms;

16.5 The failure or delay of the Company to insist upon strict performance of any of the terms or provisions of these Terms, or to exercise any option, right or remedy contained in these Terms, shall not be construed as a waiver or as a relinquishment for the future of such term, provision, option, right or remedy, but the same shall continue and remain in full force and effect.

16.6 No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the company. Any consent by jmt to, or a waiver by jmt of any breach by the users, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach

16.7 You hereby agree that the Company may assign these Terms along with the Company, Website and Services at any time at its sole discretion, without the requirement of any consent from the User and the User also waives the right of any such requirement of consent, to any parent, subsidiary or affiliated company, or as part of the sale to, merger with, or other transfer or license of any kind, of the Company to another entity(s).

16.8 Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the company and the users hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.

 

17. Force Majeure

Users accept and acknowledge that the company shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of jmt or the distributors), or any other delay or default or deficiency or failure which arises from causes beyond the company’s reasonable control.

 

18. Termination

Parties for the Purpose of these Terms of Use shall collectively mean the users and the company. The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:

18.1 In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by either not accessing the Website; or closing their accounts for all of the Services that they use.

18.2 The Company reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users or as a whole, if there is:
a) breach any of applicable law(s), including but not limited to the Captioned Laws or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the users from time to time (or have acted in a manner that clearly shows that user(s) do not intend to, or are unable to, comply with the same); or 
b) the company is unable to verify or authenticate any information provided to jmt by the user(s); or
c) the company believes, in its sole discretion, that user (s) actions may cause legal liability for the company (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, distributor and representatives including their respective directors, owners, partners, employees) or are contrary to the interests of the Website; or
d) the company is required to do so by law; or
e) if user(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for the company to provide the Services to the user(s); or
f) The provision of the Services to the users(s), or to the general public, is in the company’s opinion, no longer commercially viable; or
g) The company has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).

18.3 The Company may also terminate or suspend (temporarily or permanently) all or a portion of user(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of user(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring user(s) from further use or access of the Website or of any of the Services.

18.4 Once terminated or suspended (temporarily or permanently), user(s) may not continue to use the Website under the same account, a different account or re-register under a new account.

18.5 Upon termination of these Terms of Use, the company shall have no obligation to maintain or provide any of user(s) data and may thereafter, unless legally prohibited, delete all of user(s) data in its systems or otherwise in its possession or under its control, including but not limited to user(s) personal information, log-in ID and password, order details and all related information, files and materials associated with or inside user(s) account (or any part thereof).

18.6 The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the user(s) content from the Website with or without ability to access the Website and the other Services, upon any breach by the user(s) of these Terms of Use.

18.7 The right to terminate/ suspend the account is in addition to, and without prejudice to, the company’s right to initiate action against the user (s), in accordance with applicable law/s.

18.8 Even after termination, certain obligations mentioned under Rules of Conduct, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.