Terms & Conditions
Terms and Conditions
This document is an
electronic record in terms of Information Technology Act, 2000 and rules
there under as applicable and the amended provisions pertaining to
electronic records in various statutes as amended by the Information
Technology Act, 2000. This electronic record is generated by a computer
system and does not require any physical or digital signatures.
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.jumbogreen.com website.
The domain name www.jumbogreen.com (hereinafter referred to as "Website"/Jumbogreen)
is owned by Midairy Innovations Pvt. Ltd. a company incorporated under
the Companies Act, 1956 with its registered office at 6/757-C, Shalom,
Judgemukku, Thrikkakara, Ernakulam, Kerala 682021 (hereinafter referred to as
"Jumbogreen").
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 Jumbogreen Policies ((including
but not limited to Privacy Policy available on /s/privacypolicy) as
amended from time to time.
Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 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 Jumbogreen website and shall not transact on or use the website. 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. Jumbogreen reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Jumbogreen'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.
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. Jumbogreen
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. Jumbogreen 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. Jumbogreen 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. Jumbogreen does not implicitly or explicitly support
or endorse the sale or purchase of any products or services on the
Website. Jumbogreen accepts no liability for any errors or omissions, whether
on behalf of itself or third parties.
3. Jumbogreen is not responsible for any
non-performance or breach of any contract entered into between Buyers and
Sellers. Jumbogreen cannot and does not guarantee that the concerned
Buyers and/or Sellers will perform any transaction concluded on the
Website. Jumbogreen shall not and is not required to mediate or resolve
any dispute or disagreement between Buyers and Sellers.
4. Jumbogreen 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. Jumbogreen 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 Jumbogreen hold any right,
title or interest over the products nor shall Jumbogreen have any
obligations or liabilities in respect of such contract entered into
between Buyers and Sellers. Jumbogreen 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. Jumbogreen is only providing a platform forcommunication 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 Jumbogreen hold any any
right, title or interest over the products nor shall Jumbogreen have any
obligations or liabilities in respect of such contract.
Jumbogreen 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 Jumbogreen 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, Jumbogreen
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. Jumbogreen does not charge any fee for browsing and buying on the Website. Jumbogreen reserves the right to change its Fee Policy from time to time. In particular, Jumbogreen 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 Jumbogreen 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 Jumbogreen Internet Private Limited.
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, paedophilic, libellous,
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,
paedophilia, 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 libellous;
(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, Jumbogreen's prior written consent means a communication coming
from Jumbogreen'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, cancelbots, 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, defence,
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,
asprovided 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 Jumbogreen, jumbogreen.com,
or otherwise engage in any conduct or action that might tarnish the image
or reputation, of Jumbogreen or sellers on platform or otherwise tarnish
or dilute any Jumbogreen'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 Jumbogreen's systems or networks, or
any systems or networks connected to Jumbogreen.
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 Jumbogreen and / or others.
9. You shall at all times ensure full
compliance with the applicable provisions of the Information Technology
Act, 2000 and rules thereunder 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 inforce.
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 has no obligation,
to monitor the materials posted on the Website. Jumbogreen 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 Jumbogreen views. In no
event shall Jumbogreen 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 allinformation it contains and that such Content
shall not infringe any proprietary or other rights of third parties or
contain any libellous, tortious, 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 users (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. Jumbogreen 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 Jumbogreen has no control over such third party user generated
content as Jumbogreen 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 Jumbogreen'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 ofderivative 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