Embracing Digital Agreements for Your Convenience
In today's digital age, we understand the importance of simplicity and accessibility. These Terms of Use represent an electronic record under the applicable law, generated by a computer system. No physical or digital signatures are required. We urge you to carefully peruse these Terms of Use before engaging with Jivarth or making use of any services. Your use of Jivarth or any of our services indicates your acceptance of these Terms of Use.
1: Your Gateway to Seamless Shopping: Jivarth is your online marketplace, where you can effortlessly shop for products listed at marked prices from our serviceable locations. Please note that, unless we are the product seller on Jivarth, we serve solely as a facilitator. We are not parties to, nor do we control, the transactions on Jivarth. Consequently, the contract for the sale of products on our platform is a strictly bilateral agreement between you and the sellers on Jivarth.
2: Accessible to the Eligible: To use and access Jivarth, individuals must meet the criteria defined in the Indian Contract Act, 1872. Users must be 18 years of age or older, sound of mind, and not legally disqualified from entering into contracts. If you are a minor (under 18 years old), you can use Jivarth only with parental or guardian consent. At Jivarth, we prioritize your convenience and safety. Our digital approach simplifies the process while ensuring you have the best possible experience. Happy shopping!
3: Registering and Managing Your Account: To access Jivarth and benefit from our services, you'll need to create an account. The registration process is a one-time, hassle-free step, and it won't cost you a thing. Here's how you can get started:
3.1: Create a Jivarth Account: Simply provide us with the necessary information, such as your name and gender, among other relevant details. Based on the data you provide, we'll generate a login ID and password for you. These credentials will grant you access to your Jivarth account whenever you need it.
3.2: Use Your Existing Third-Party Account: Alternatively, if you have existing login credentials from third-party accounts like Google or Facebook, you can use those to access Jivarth. Be aware that when using a third-party account, you'll also be subject to specific terms and conditions imposed by the relevant third party.
Remember, the information you share during registration, along with your Jivarth login ID and password, collectively make up your "Account Information."
Your account's security is of utmost importance. Therefore, it's your responsibility to:
Should you ever suspect unauthorized account access or any security breaches, please notify Jivarth Services Private Limited immediately. Additionally, remember to log out of your account after each session. Keep in mind that failure to adhere to these security measures may result in potential losses, for which you may be held responsible.
At Jivarth, we reserve the right to refuse access, terminate accounts, or modify content at our discretion. Your security is our priority, and we appreciate your cooperation in safeguarding your account.
4: Staying Informed and Managing Notifications: At Jivarth, we believe in keeping you informed while also respecting your preferences. Here's everything you need to know about communication and how to manage it:
4.1: Information Updates and Notifications: Once you've registered on Jivarth and shared your Account Information, you may start receiving SMS or email notifications from Jivarth Services Private Limited. These notifications may pertain to your registration, transactions on Jivarth, or other essential updates.
4.2: Marketing and Promotional Communications: In addition to transaction-related notifications, you might also receive messages about our marketing and promotional activities. By registering on Jivarth and verifying your contact details with us, you're explicitly granting consent to receive marketing and promotional communications. These may come through calls, SMS, emails, or other digital means. This consent applies even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
4.3: Service Notifications and Reminders: Jivarth Services Private Limited may occasionally send you notifications and reminders regarding our services on Jivarth. While we make every effort to ensure the timely delivery of these notifications, please understand that we cannot guarantee their delivery, nor will we be held responsible for any failure to send such notifications or reminders.
4.4: Managing Your Preferences: We respect your right to control the communications you receive. If you wish to stop receiving marketing, promotional communications, newsletters, or any other notifications from Jivarth Services Private Limited, you can easily unsubscribe or opt out. Just follow the instructions provided in the relevant communications, and your preferences will be promptly updated. Your satisfaction and comfort are important to us, and we want to ensure that your Jivarth experience aligns with your preferences.
5: Your License and Access to Jivarthâââââââ: We want to clarify your rights and responsibilities when using Jivarth, the Services, and accessing Jivarth Content (as explained below):
5.1: Limited, Personal Use License: When you register on Jivarth, you receive a limited, revocable, and non-exclusive license. This license allows you to use Jivarth solely for personal purposes. You can use it to identify products, make purchases, and process returns and refunds. However, this license is not intended for business purposes.
5.2: What the License Doesn't Cover: This license does not permit you to:
5.3: User-Generated Content: By posting material on Jivarth, you grant Jivarth Services Private Limited a royalty-free, perpetual, irrevocable, non-exclusive right and license. This license allows us to adopt, publish, reproduce, disseminate, and use your content in various ways. You also agree to waive any claims over your feedback, comments, ideas, suggestions, or any other content provided through Jivarth. If needed, you'll perform additional actions to facilitate these rights at our request.
Please Note Jivarth Services Private Limited retains the right to refuse your access to Jivarth, deactivate your account, or edit/remove content on Jivarth at our discretion. We strive to ensure the best experience for all users while maintaining the integrity of our platform.
6: Protecting Your Personal Information:
6.1. As you register on Jivarth and use our Services, you may share personal, identifiable, and sensitive information with Jivarth Services Private Limited. This information can include your name, phone number, email address, postal address, occupation, and login details, among other things.
6.2. We deeply respect the sensitivity of the information you entrust us with and value your trust. To safeguard your data, Jivarth Services Private Limited has developed a comprehensive Privacy Policy. This policy is considered an integral part of these Terms of Use. It outlines how we collect, store, process, use, and disclose your information. If you have concerns about our Privacy Policy, we kindly request that you refrain from using or accessing Jivarth or our Services. For more details, please review our Privacy Policy, which provides a thorough explanation of our practices. Your privacy is our priority.
7: Respect for Intellectual Property:
7.1. Every piece of information, content, material, text, graphics, images, logos, button icons, software code, interface, design, and the way content is organized and presented on Jivarth, as well as within other Services, belongs to Jivarth Services Private Limited or its affiliated entities ("Jivarth Content"). These are safeguarded by copyright, trademark, and other relevant laws. Furthermore, all trademarks, service marks, trade names, and trade secrets related to Jivarth, whether or not they appear on Jivarth, are the exclusive property of Jivarth Services Private Limited.
7.2. Jivarth may showcase logos, trade names, and trademarks of other brands under licenses granted to Jivarth Services Private Limited by those brands.
7.3. It's important to note that no information, content, or material from Jivarth, including Jivarth Content, can be copied, reproduced, republished, duplicated, sold, uploaded, posted, transmitted, distributed, or used in any other way, including for commercial purposes, without obtaining explicit written consent from Jivarth Services Private Limited. You are prohibited from framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jivarth Services Private Limited and its affiliates without obtaining explicit written consent. Using meta tags or any other "hidden text" that employs the names or trademarks of Jivarth Services Private Limited and/or its affiliates without explicit written consent also infringes upon these Terms of Use. Unauthorized usage will result in the immediate termination of permissions granted in accordance with these Terms of Use. Respect for intellectual property is paramount.
Important Notices
8.1: We strive to ensure that your access to and use of Jivarth are smooth and uninterrupted. However, there may be occasional suspensions or restrictions to facilitate repairs, maintenance, or the introduction of new features or services. Please note that any access or usage issues resulting from internet-related problems on your end are beyond our control.
8.2: Information related to third parties, including sellers and the products they list on Jivarth ("Third Party Information"), is provided for reference purposes only. As an intermediary under applicable laws, Jivarth Services Private Limited does not endorse Third Party Information, take responsibility for errors or misrepresentations, or have any direct association with it. You access Third Party Information at your own discretion and risk.
8.3: Jivarth may contain user-generated content that Jivarth Services Private Limited does not pre-screen. This content may contain user or expert opinions. We will do our best to monitor, edit, or remove such content if it violates these Terms of Use. However, we cannot guarantee the accuracy, completeness, or timeliness of user-generated content, its impact on individuals, or its compliance with the intellectual property rights of third parties.
8.4: To help you choose products, sellers provide product descriptions on Jivarth using photographs, videos, charts, screenshots, infographics, and other visual aids. While we make reasonable efforts to offer accurate visual representations, the actual appearance or color of delivered products may vary for various reasons.
8.5: The Services on Jivarth are provided "as is" and "as available," without any express or implied representations or warranties, except as otherwise stated in writing. Jivarth Services Private Limited does not make any assurances or warranties regarding:
8.5.1: Quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose or consumption, or the content (including product or pricing information and/or specifications) on Jivarth.
8.5.2: The availability of the Services at all times.
8.5.3: The uninterrupted operation of Jivarth, including the functions within its content, information, and materials, or any third-party sites or services linked to Jivarth. We do not guarantee the correction of defects or that Jivarth or the servers providing this content are free of viruses or other harmful components.
8.5.4: The completeness, truthfulness, accuracy, or absence of misleading information in the Jivarth Content available on Jivarth.
8.6: Businesses or individuals other than Jivarth Services Private Limited and its affiliates may operate stores, provide services, or list/sell product lines on Jivarth. We are not responsible for assessing or endorsing their offerings or content. Jivarth Services Private Limited bears no responsibility or liability for the actions, products, or content of these third parties. The information displayed on Jivarth serves informational purposes only and should not be considered an endorsement of any product or service under any circumstances.
8.7: To the extent permitted by applicable law, Jivarth Services Private Limited disclaims liability for any loss, damage, expenses, liabilities, claims, or injuries arising from performance failure, omissions, product defects, deletions, interruptions, errors, delays, viruses, communication issues, unauthorized access, theft, destruction, alteration, or use of records on Jivarth.
8.8: Jivarth Services Private Limited is not accountable for the content of third-party websites and does not make any representations regarding the accuracy or content of such sites. If you choose to access links to third-party platforms, you do so entirely at your own risk and cost. Your safety and satisfaction are our priorities.
9: User Commitments and Limitations
9.1: We genuinely appreciate your cooperation in adhering to the following commitments:
Legal Compliance: You ensure that your use of Jivarth and the Services complies with all relevant laws and regulations.
Accuracy and Lawfulness: Any information you provide to Jivarth Services Private Limited regarding Jivarth and the Services is accurate, truthful, and lawful.
Content Responsibility: The content and materials you provide will not violate Jivarth's policies or guidelines, nor will they harm anyone or be defamatory. Jivarth Services Private Limited reserves the right to reject registrations or cancel orders if false or inaccurate information is discovered without prior notice. You also agree to indemnify Jivarth Services Private Limited and its affiliates against any third-party claims arising from a breach of these commitments.
9.2: You are kindly asked to use Jivarth exclusively for lawful purposes, avoiding any actions that could harm Jivarth, its content, or any unintended use not within Jivarth's scope. You are granted a limited license to access and utilize Jivarth solely for availing the Services, subject to these Terms of Use.
9.3: Please remember that your use of the Platform is for personal purposes only, and you should not employ any part of Jivarth, including its content, or the Services for resale or commercial endeavors.
9.4: Prohibited actions encompass:
9.5: Hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing information on Jivarth is prohibited if it:
10: Protection and Limited Liability
10.1: We deeply appreciate your agreement to safeguard, support, and shield Jivarth Services Private Limited, along with its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives, from any third-party claims, losses, liabilities, damages, and costs (including reasonable attorney fees and costs) that may arise due to your access to or use of Jivarth or its Services, your violation of these Terms of Use, or any infringement of Jivarth Services Private Limited's or any third-party's intellectual property or other rights. We will promptly inform you of any such claim, loss, liability, or demand. Additionally, you kindly consent to offer Jivarth Services Private Limited reasonable assistance, at their expense, in defending against any such claim, loss, liability, damage, or cost.
10.2: To the maximum extent allowed by law, Jivarth Services Private Limited and its directors, officers, employees, agents, or content and service providers (collectively referred to as "Jivarth Services Private Limited Representatives") shall not be held accountable for any direct, indirect, special, incidental, consequential, exemplary, special, remote, or punitive damages. This includes, but is not limited to, damages such as loss of profits, goodwill, use, data, or other intangible losses connected directly or indirectly to the use of Jivarth, its associated content, materials, and functions, the Services, or the provision of information through Jivarth, even if such Jivarth Services Private Limited Representatives were advised of the possibility of such damages.
10.3: Under no circumstances shall Jivarth Services Private Limited Representatives be liable for:
10.3.1: Your ability or inability to use Jivarth and/or the Services.
10.3.2: Any content posted, transmitted, exchanged, or received by you or any other user or person through Jivarth.
10.3.3: Any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data.
10.3.4: Any other matter relating to Jivarth or the Services.
10.4: Please note that Jivarth Services Private Limited is not liable or responsible for any actions or inactions of other Jivarth users or any breaches of conditions, representations, or warranties by them. We are not obliged to mediate or resolve any disputes or disagreements among two or more Jivarth users.
10.5: Additionally, none of the directors, officials, or employees of Jivarth Services Private Limited shall be personally liable for any actions in connection with Jivarth or the Services. Your understanding and cooperation in these matters are greatly appreciated.
11: Access Outside the Republic of India: We want to express our appreciation for your interest in Jivarth. It's important to note that Jivarth Services Private Limited cannot guarantee that the content on Jivarth is suitable for use or access outside the Republic of India. If you choose to use or access Jivarth from a location outside the Republic of India, you do so voluntarily and assume responsibility for complying with the laws of that jurisdiction. These Terms of Use are not intended for, nor should they be used for, any promotional activities or solicitations in jurisdictions where such actions are unauthorized, or to individuals to whom it is unlawful to promote or solicit.
12: Term and Termination
12.1: These Terms of Use become effective on the date they are published on Jivarth.
12.2: Jivarth Services Private Limited reserves the right to terminate the Services if there is a breach of any terms outlined in these Terms of Use, if you provide false information, engage in any unlawful activity, or if Jivarth Services Private Limited is unable to verify or authenticate any information provided by you.
12.3: You have the option to terminate these Terms of Use at any time by discontinuing your use of Jivarth or the Services. However, such termination will not release you from your obligation to pay for a product purchased on Jivarth or any other accrued or unfulfilled obligations related to the period before termination.
13: Force Majeure: Jivarth Services Private Limited will not be held responsible for any delay or failure to fulfill its obligations if the delay or failure results from circumstances beyond Jivarth Services Private Limited's reasonable control.
14: Waiver: No provision in these Terms of Use will be considered waived, and no breach will be excused unless such waiver or consent is provided in writing and signed by Jivarth Services Private Limited. Any consent or waiver by Jivarth Services Private Limited, whether expressed or implied, regarding your breach will not be seen as consent, waiver, or excuse for any other different or subsequent breaches.
15: Severability: If a court of competent jurisdiction finds any provision of these Terms of Use unenforceable under applicable law, that provision will be excluded from these Terms of Use. The remainder of these Terms of Use will be interpreted as if that excluded provision were removed and will be enforceable in line with its terms. In such cases, these Terms of Use will be interpreted to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by the court. Your understanding and compliance with these terms are appreciated.
16: Addressing Concerns with Appreciation: We value your feedback and concerns regarding Jivarth and the Services. If you encounter any issues, including instances of misuse of Jivarth or any discrepancies related to access or use of Jivarth that appear to violate these Terms of Use by any individual, please reach out to our Grievance Officer at:
17: Embracing Legal Harmony and Dispute Resolution: We deeply appreciate the need for clear guidelines. These Terms of Use, all transactions carried out between Jivarth Services Private Limited and you, and the association between Jivarth Services Private Limited and you are regulated by the laws of India, without invoking any conflict of laws doctrines, and exclusive jurisdiction lies with the courts of Satna.
18: Modification and Appreciation of Compliance: These Terms of Use are subject to changes and updates, which may occur periodically and without prior notice. We kindly ask you to regularly review the Terms of Use accessible on Jivarth. Your relationship with Jivarth will be governed by the most current version of these Terms of Use, as posted on Jivarth. We appreciate your diligence in staying informed.
19. Miscellaneous
19.1: In addition to adhering to these Terms of Use, please ensure compliance with the terms and conditions of third parties, such as those related to bank offers and brand promotional offers, whose links, if present, are integrated into the Services. You agree that Jivarth Services Private Limited will not be held responsible for any transactions between itself and such third parties.
19.2: These Terms of Use take precedence over any prior oral or written terms and conditions, if any, conveyed to you by Jivarth Services Private Limited regarding the use of Jivarth. Rights and obligations concerning any Services provided by Jivarth Services Private Limited will be limited to what is outlined in these Terms of Use. Your understanding and adherence are appreciated.
20. NODAL OFFICER
