TERMS AND CONDITIONS Welcome to FJNIN-
Experience Quality
The terms and
conditions as set out herein (“Terms”) constitute an agreement between Mind
Solutions Technology LLP (“Fjnin”, “we”, “us” or “our”), a company incorporated
under the Companies Act, 1956, having its registered office at 4th Floor,
Sector – 34 A, Chandigarh 160022 which is a subsidiary of any natural or legal
person who access and/or use the Platform in any manner (referred as “you”,
“your”, “user”),or uses any current or future service or functionality or offer
made available on Platform (“Service(s)”), as updated from time to time By using the
Platform, you expressly agree to be bound by the Terms. If you do not agree
with any of the Terms, please do not use the Platform. If you have any
questions about the terms, please contact at care@fjnin.com or for quick assistance the User may use the
‘Chat with Us’ option available on the Platform. Please note that your access
to the Services, other platforms or utilization of Products (defined below),
offers or promotions in relation to the Products as may be provided by us or
our affiliates, may be governed by other terms and conditions, policies or
guidelines (“Additional Terms”) along with these Terms. If these Terms are
inconsistent with any Additional Terms, the Additional Terms will control to
the extent of such inconsistency with respect to the applicable Service or utilization
of the Product. These Terms govern your use of the Platform and transaction or
dealings thereon. For the
purposes of these Terms: (a) https://www.fjnin.com/ means the website (“Website”), which include
its corresponding mobile application named “Fjnin- Experience Quality” (“App”) (collectively “Platform”)
or any other digital mode and/or operating system as provided by us, on which
you may avail the Services and includes applications controlled and managed by
us which interact with one or more such mobile applications/ wallets/ websites/
tablets and digital modes as provided by us; (b) “Products” shall mean products
offered for sale to you on the Platform and We and you are hereinafter
individually referred to as “Party” and collectively as “Parties”. These Terms
are divided into 2 (two) parts. Please carefully read all the parts to
understand the conditions applicable in case of usage of the Platform and for
purchase of Products thereof. PART A –
TERMS AND CONDITIONS FOR USAGE OF PLATFORM
GENERAL
1.1
The terms and conditions for usage of the Platform as set out herein (“Terms of
Use”) specifically govern your access and use of the Platform which provides a
forum for you to inter alia enable you to discover, select and buy Products
listed on Platform at the indicated price at any time, from the locations
serviceable by us. 1.2
Please note that we may from time to time change the Terms of Use that govern
your use of the Platform. Every time you wish to use our Platform, please check
these Terms of Use to ensure you understand the terms and conditions that apply
at that time. Further, please note that we reserve the right to either change
the format and the content of the Platform or suspend the operation of the
Platform for support or maintenance work, in order to update the content or for
any other reason, at any time. 1.3
Any accessing, browsing, or otherwise using the Platform indicates your
agreement to these Terms of Use, the Privacy Policy of Platform and any other policies or
guidelines that may be applicable on the Platform at the time of your access
and usage of the Platform and which may be updated from time to time
(collectively, the “Agreement”). 1.4
This document is an electronic record in terms of the Information Technology
Act, 2000 and rules made thereunder as may be 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. 1.5
We authorize you to view and access the Platform solely for identifying
Products, carrying out purchases of Products and processing returns and
refunds, in accordance with Return and
Refund Policy , therefore,
grant you a limited, revocable permission to access and use the Services. 1.6
By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age
or above and are fully competent to enter into this Agreement, and to abide by
and comply with this Agreement. If a user is below 18 (Eighteen) years of age,
it is assumed that he/she is using/browsing the Platform under the supervision
of his/her parent or legal guardian and that such user’s parent or legal
guardian has read and agrees to the terms of this Agreement, including terms of
purchase of Products on behalf of the minor user. In the event we are made
aware that a user is under the age of 18 and is using/browsing the Platform
without the supervision of his/her parent or legal guardian, we reserve the
right to deactivate such user’s account without further notice. Further, if you
are using the Services on behalf of a company or organization, you represent
that you have authority to act on behalf of that entity, and that such entity
accepts this Agreement. 1.7
Please note that Fjnin does not engage or provide any differentiated treatment
to any of the Seller belonging to the same category or selling similar goods,
listed on the Platform.
REGISTRATION
OF YOUR ACCOUNT
2.1 In order to purchase Products on the
Platform and/or avail the Services, You may register in one of the following
ways.
2.1.1 By creating a Fjnin account: by providing the relevant information for
the creation of your account on the Platform. Following this, an account with
an exclusive user name and password (basis your inputs) will be created by Fjnin
for you. 2.1.2
By using a third-party account: You may use the login credentials of the
account maintained by the User with a Fjnin-integrated third-party
(illustratively, Google or Facebook), in which case you will also be subject to
relevant third-party terms and conditions applicable to such account. 2.2
Registration is a one-time process. You will be eligible to further access and
avail the Services only upon receipt of an OTP (One Time Password) on your
registered mobile number from us after filling in the necessary forms and after
providing the necessary details as may be required by us at the time of your
registration. 2.3
You are solely authorized to operate the account created by you. Consequently,
it is your responsibility to maintain the confidentiality of the log in
credentials of your account on the Platform and for restricting access to your
computer/mobile/other similar devices to prevent unauthorized access to your
account. You shall remain solely liable for all the actions undertaken through
your account. 2.4
You will: (a) immediately inform us of any unauthorized use of the account or
any other security breach; and (b) ensure that you log out of your account at
the end of each session. We, our employees, agents, directors and officers will
not be liable for any loss or direct or indirect damage arising from your
failure to comply with these Terms of Use. You may be held liable for any losses
incurred to us or any other user due to unauthorized use of their account by
you. We reserve the right to refuse access to the Platform, terminate accounts,
remove or edit content at any time without notice to you.
COMMUNICATION
AND UNSUBSCRIPTION
3.1
By accepting the Terms of Use, you also accept to receive news, updates,
offers/ campaign related SMS, to the mobile phone number provided by you. By
accessing and using the Platform and/ or verifying your contact number with us;
by accepting the Terms of Use; by accepting or receiving and not unsubscribing
expressly on the consent availed by us from you via SMS, Email-s, Voice calls,
IVR (Interactive Voice Response) or any other modes and methods of
communication you explicitly consent to receive such communications (through
call, SMS, email or other digital and electronic means) from us and/or our
authorized representatives regarding any new services or offerings, even if
your contact number is registered under the DND/NCPR list under the Telecom
Commercial Communications Customer Preference Regulations, 2018. 3.2
You can unsubscribe/ opt-out from receiving marketing/ promotional
communications, newsletters and other notifications from us at any time by
following the instructions set out in such communications.
DISCLAIMER
OF WARRANTIES, INACCURACIES OR ERRORS
4.1
We will try to ensure that all information and recommendations, whether in
relation to the Products, Services, offerings or otherwise (hereinafter
“Information”) is correct at the time of inclusion on the Platform. We do not
guarantee the accuracy of the Information. We make no representations or
warranties as to the completeness or accuracy of Information. 4.2
You agree that Information is being supplied to you on the condition that you
will make your own determination as to the suitability of such information for
your purpose prior to use or in connection with the making of any decision. No
Information on the Platform shall constitute an invitation to invest in us or
any affiliates. Any use of this Platform or the Information is at your own
risk. Neither we, our affiliates, nor their officers, employees nor agents
shall be liable for any loss, damage or expense arising out of any access to,
use of, or MST upon, this website, the Information, or any third-party website
linked to this Platform. We are not responsible for the content of any
third-party sites and do not make any representations regarding the content or
accuracy of material on such sites. If you decide to access links of any
third-party platforms, you are doing so entirely at your own risk and expense. 4.3
As means to assist the users in identifying the Products of their choice, we
provide visual representations on the Platform including graphics,
illustrations, photographs, images, videos, charts, screenshots, info graphics
and other visual aids. While reasonable efforts are made to provide accurate
visual representation, we disclaim any guarantee or warranty of exactness of
such visual representation or description of the Product, with the actual
Product ultimately delivered to users. The appearance of the Product when
delivered may vary for various reasons. 4.4
Nothing contained herein is to be construed as a recommendation to use any
Product, process, equipment or formulation, in conflict with any patent, or
otherwise and we make no representation or warranty, express or implied that,
the use thereof will not infringe any patent, or otherwise. 4.5
We do not covenant or provide any representations and warranties: 4.5.1 In respect of quality, suitability,
accuracy, reliability, performance, safety, merchantability, fitness for a
particular purpose/consumption or the content (including Product or pricing
information and/or specifications) on Platform; 4.5.2 That the Services will be made available
at all times; and 4.5.3 That the operation of Platform,
including the functions contained in any content, information and materials on
Platform or any third-party sites or services linked to Platform will be
uninterrupted, or that the defects will be rectified, or that Platform or the
servers that make such content, information and materials available are free of
viruses or other harmful components. 4.6
THEPLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS”
BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY
THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO
REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF
THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORM, THE INFORMATION OR ANY
PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING
FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS
SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. 4.7
Disclaimer-To the extent permitted by applicable law, We, our officers, agents,
employees and directors, disclaim any liability against any loss, damage,
expenses, liabilities, claim, injury caused due to the failure of performance,
omission, defect of products, or deletion, interruption, error, delay, virus,
communication, unauthorized access, theft, destruction, alteration or use of
records on the Platform.
AVAILIBILITY
AND ACCESIBILITY OF PLATFORM
5.1
We control and operate this Platform from India and makes no representation
that the materials and the content available on the Platform are appropriate to
be used or will be available for use in other locations outside India. If you
use this Platform from outside India, you are entirely responsible for
compliance with all applicable local laws. These Terms of Use do not
constitute, nor may these Terms of Use be used for or in connection with any
promotional activities or solicitation by anyone in any jurisdiction in which
such promotional activities or solicitation are not authorized or to any person
to whom it is unlawful to promote or solicit. 5.2
We have several websites offering Products, Services, content and various other
functionalities to specific regions worldwide. The Services offered in one
region may differ from those in other regions due to availability, local or
regional laws, shipment and other considerations. We do not make any warranty
or representation that a user in one region may obtain the Services from our site
in another region and we may cancel a user’s order or redirect a user to the
site for that user’s region if a user attempts to order Services offered on a
site in another region. 5.3
Information that we publish on the World Wide Web may contain references or
cross references to our Products, programs and Services that are not announced
or available in your country. Such references do not imply that we intend to
announce such Products, programs or Services in your country. Consult our local
business contact for information regarding the Products, programs and Services
that may be available to you. 5.4
We constantly monitor the user’s account in order to avoid fraudulent accounts
and transactions. Users with more than one account or availing referral
vouchers fraudulently shall be liable for legal actions under law and we
reserve the right to recover the cost of goods, collection charges and lawyer
fees from persons using the Platform fraudulently. We reserve the right to
initiate legal proceedings against such persons for fraudulent use of the
Platform and any other unlawful acts or omissions in breach of these terms and
conditions. In the event of detection of any fraudulent or declined
transaction, prior to initiation of legal actions, we reserve the right to
immediately delete such account and dishonor all past and pending orders
without any liability. For the purpose of this clause, we shall owe no
liability for any refunds.
THIRD
PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
6.1
In your use of the Platform, you may enter into correspondence with, purchase
goods and/or services from, or participate in promotions of advertisers or
members or sponsors of Platform or access any other third-party website linked
to the Platform. Unless otherwise stated, any such correspondence,
advertisement, purchase or promotion, including the delivery of and the payment
for goods and/or services, and any other term, condition, warranty or
representation associated with such correspondence, purchase or promotion, is
solely between you and the applicable third party. You agree that we have no
liability, obligation or responsibility for any such correspondence, purchase
or promotion, access or usage of any third-party website and the contract under
such instances remains between you and any such third party.
COPYRIGHTS
IN CONTENT
7.1
The Platform contains material, including text, graphics and sound, which is
protected by copyright and/or other intellectual property rights (“Content”).
All copyright and other intellectual property rights in the Content are either
owned by us or have been licensed to us by the owner(s) of those rights so that
we can use the Content as part of Service. We retain copyright on all
Information, including text, graphics and sound and all trademarks displayed on
the Platform are either owned by or licensed to us. 7.2
You may use and display the Content on your personal computer only for your
personal use subject to the grant of a limited, revocable, personal,
non-exclusive and non-transferable license to you by us when you register on
the Platform, only for identifying Products, carrying out purchases of Products
and processing returns and refunds in accordance with our Return and Refund
Policy and for using and printing copies of the information on the Platform for
your personal use and store the files on your computer for personal use only
and not for business purposes. 7.3
You may not: (a) copy (whether by printing off onto paper, storing on disk,
downloading or in any other way), distribute (including distributing copies),
download, display, perform, reproduce, distribute, modify, edit, alter,
enhance, broadcast or tamper within any way or otherwise use any Content
contained on the Platform. These restrictions apply in relation to all or part
of the Content available on the Platform; (b) copy and distribute the
Information on any other server, or modify or re-use text or graphics on this
system or another system; reproduce any
part of the Content or sell or distribute the same for commercial gain nor shall
it be modified or incorporated in any other work, publication or web site,
whether in hard copy or electronic format, including postings to any other web
site; (d) remove any copyright, trademark or other intellectual property
notices contained in the original material from any material copied or printed
off from the Content or Platform; or (e) link any other material to the Content
displayed on the Platform, without our express written consent. 7.4
The license granted to you does not include a license for: (a) any use of
Platform, the Services and/or of Content other than as contemplated in these
Terms of Use, (b) any downloading or copying of login credentials of user, any
use of data mining, robots, or similar data gathering and extraction tools to
extract (whether once or many times) any parts of Content, and (d) creating
and/ or publishing your own database that features parts of the Platform. 7.5
If you believe that your intellectual property rights have been used in a way
that raises concerns of infringement, please write to us at care@fjnin.com or for quick assistance the User may use the
‘Chat with Us’ option available on the Platform and let us know of your
concerns.
TRADEMARKS
All
the trade names associated with us and all Products and logos denoted with TM
on the Platform are trademarks or registered trademarks of us or our
affiliates. Such trademarks may not be used in connection with any product or
service that is not our product or service.
LICENSEAND
USE OF YOUR CONTENT
9.1
You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and
license to adopt, publish, reproduce, disseminate, transmit, distribute, copy,
use, create derivative works from, display worldwide, or act on any material
posted by you on the Platform without additional approval or consideration in
any form, media, or technology now known or later developed, for the full term
of any rights that may exist in such content, and you waive any claim over all
feedback, comments, ideas or suggestions or any other content provided through
or on the Platform. You agree to perform all further acts necessary to perfect
any of the above rights granted by you to us, including the execution of deeds
and documents, at its request. 9.2
You agree that we do not routinely monitor your postings on the Platform but
reserves the right to do so. However, if we become aware of inappropriate use
of the Platform or any of its Services, we will respond in any way that, in its
sole discretion, we deem appropriate. You acknowledge that we will have the
right to report to law enforcement authorities of any actions that may be
considered illegal, as well as any information it receives of such illegal
conduct. When requested, we will co-operate fully with law enforcement agencies
in any investigation of alleged illegal activity on the internet. 9.3
Submissions and unauthorized use of any materials contained on the Platform may
violate copyright laws, trademark laws, the laws of privacy and publicity,
certain communications statutes and regulations and other applicable laws and
regulations. You alone are responsible for your actions or the actions of any
person using your username and/or password. As such, you shall indemnify and
hold us and our officers, directors, employees, affiliates, agents, licensors,
and business partners harmless from and against any and all loss, costs,
damages, liabilities, and expenses (including attorneys’ fees) incurred in
relation to, arising from, or for the purpose of avoiding, any claim or demand
from a third party that your use of the Platform or the use of the Platform by
any person using your user name and/or password (including without limitation
your participation in the posting areas or your Submissions) violates any
applicable law or regulation, or the rights of any third party. 9.4
We reserve the right to terminate access to this Platform at any time and
without notice. Further this limited license terminates automatically, without
notice to you, if you breach any of these Terms of Use. Upon termination, you
must immediately destroy any downloaded and printed materials. Any provision of
the Terms of Use which imposes an obligation or creates a right that by its
nature will be valid after termination or expiration of the Terms of Use shall
survive the termination or expiration of the Terms of Use.
USER
WARRANTIES AND RESTRICTIONS
10.1
You represent and warrant that: (a) your use of Platform and/or Services will
not violate any applicable law or regulation; (b) all information that is
submitted to us in connection with Platform and/or Services is true, accurate
and lawful; use of the content and
material you supply does not breach any applicable Agreement and will not cause
injury to any person or entity (including that the content or material is not
defamatory)); (d) shall not publish any information that is patently false and
untrue, and is written or published in any form, with the intent to mislead or
harass a person, entity or agency for financial gain or to cause any injury to
any person. If at any time, the information provided by you is found to be
false or inaccurate, we will have the right to reject registration, cancel all
orders, and restrict you from using the Services and other affiliated services
in the future without any prior intimation whatsoever. You agree to indemnify
us and our affiliates for all claims brought by a third party against it or its
affiliates arising out of or in connection with a breach of any of these
warranties. 10.2
You will use Platform for lawful purposes only and will not undertake any
activity that is harmful to Platform or its Content or otherwise not envisaged
through the Platform. You have a limited license to access and use Platform,
solely for the purpose of availing the Services, subject to these Terms of Use.
10.3
You will not do any of the following: 10.3.1 Delete
or modify any content on Platform, such as any information regarding the
Services, their performance, sales or pricing; 10.3.2 Use
any engine, software, tool, agent or other mechanism (such as spiders, robots,
avatars, worms, time bombs etc.) to navigate or search Platform; 10.3.3 Make
false or malicious statements against the Services, Platform or us; 10.3.4 Post,
copy, submit, upload, distribute, or otherwise transmit or make available any
software or other computer files that contain a virus or other harmful
component, or otherwise disrupt or damage Platform and/or Services or any
connected network, or otherwise interfere with any person or entity’s use or
enjoyment of Platform and/or the Services; 10.3.5 Introduce
any Trojans, viruses, any other malicious software, any bots or scrape on
Platform for any information; 10.3.6 Probe,
scan, or test the vulnerability of any system, security or authentication
measures implemented by us or otherwise tamper or attempt to tamper with our
technological design and architecture; 10.3.7 Hack
into or introduce malicious software of any kind onto Platform; 10.3.8 Gain
unauthorized access to, or interfere with, or damage, or disrupt the server on
which the details connected to the Services are stored, or any other server,
computer, or database connected to the Services; or 10.3.9 Engage
in any form of antisocial, disruptive, or destructive acts, including
“flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “briefing” as
those terms are commonly understood and used on the internet. 10.4
You are prohibited from hosting, displaying, uploading, modifying, publishing,
transmitting, updating or sharing on or through Platform, any information that: 10.4.1 belongs
to another person and to which you do not have any right; 10.4.2 is
harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic,
invasive of another’s privacy, hateful, relating to or encouraging money
laundering or gambling, or otherwise harmful in any manner whatsoever; 10.4.3 Harms
minors in any way; 10.4.4 Infringes
any patent, trademark, copyright or other proprietary rights; 10.4.5 violates
any law for the time being in force; 10.4.6 Deceives
or misleads the addressee about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature; 10.4.7 Impersonates
or defames another person; or 10.4.8 Contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer resource.
INDEMNIFICATION
AND LIMITATION OF LIABILITY
You agree to
indemnify, defend and hold harmless us, our affiliates, officers, directors,
employees, consultants, licensors, agents, and representatives from and against
any and all third- party claims, losses, liabilities, damages, and/or costs
(including reasonable attorney fees and costs) arising from your access to or
use of Platform or the Content or the Services, violation of these Terms of
Use, or infringement of any of our or any third-party intellectual property or
other rights. We will notify you promptly of any such claim, loss, liability,
or demand, and in addition to the foregoing, you agree to provide us with
reasonable assistance, at your expense, in defending any such claim, loss,
liability, damage, or cost.
APPLICABLE
LAW AND JURISDICTION:
These Terms
of Use are governed by and to be interpreted in accordance with laws of India,
without regard to the choice or conflicts of law provisions of any
jurisdiction. You agree, in the event of any dispute arising in relation to
these Terms of Use or any dispute arising in relation to the Platform whether in
contract or tort or otherwise, to submit to the jurisdiction of the courts
located at Mumbai, India for the resolution of all such disputes.
GRIEVANCE
OFFICER:
In accordance
with the applicable law, any grievances which you may have with respect to the
information shared by you with us hereunder and its treatment or any grievance
related to Services being availed hereunder, may be directed by you to such
grievance officer at the below mentioned coordinate:
Name: Mr.
Naveen Kumar
Designation: Grievance Officer
Email Address: grievance@fjnin.com
Mind Solutions Technology LLP
Contact number: 9915199926
4th Floor, SCO: 80-82, Sector – 34 A, Chandigarh
160022.
FORCE
MAJEURE
We will not
be held responsible for any delay or failure to comply with its obligations if
the delay or failure arises from any cause which is beyond our reasonable
control.
WAIVER
No provision
in these Terms of Use will be deemed waived and no breach excused, unless such
waiver or consent is in writing and signed by us. Any consent by us to, or
waiver of your breach, whether expressed or implied, will not constitute
consent to, waiver of, or excuse for any other different or subsequent breach.
SEVERABILITY
If any
provision of these Terms of Use is held by a court of competent jurisdiction to
be unenforceable under applicable law, then such provision will be excluded
from these Terms of Use and the remainder of these Terms of Use will be
interpreted as if such provision were so excluded and will be enforceable in
accordance with its terms; provided however that, in such event, these Terms of
Use will be interpreted so as 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 such court of competent jurisdiction.
AMENDMENT
These Terms
of Use are subject to amendments and modifications and may be updated from time
to time, without any advance notice. You are requested to regularly review the
Terms of Use as available on Platform. You relationship with the Platform will
be governed by the most current version of these Terms of Use, as published on https://www.fjnin.com/
MISCELLANEOUS
18.1
In addition to these Terms of Use, you will also ensure that you are in
compliance with the terms and conditions of the third parties, such as bank
offers terms and conditions, brand promotional offers, whose links, if any, are
contained/embedded in the Services. You agree that we will not be liable for
any transaction between itself and any such third parties. 18.2
These Terms of Use supersede all previous oral and written terms and conditions
(if any) communicated to you by us, for the use of Platform, and the rights and
liabilities with respect to any Services to be provided by us shall be limited
to the scope of these Terms of Use.
Name: Mr. Naveen Kumar
Designation: Nodel Officer
Email Address: grievance@fjnin.com
Mind Solutions Technology LLP
Contact number: 9915199926
4th Floor, SCO: 80-82, Sector – 34 A, Chandigarh 160022.
PART B –
TERMS AND CONDITIONS OF SALE ON PLATFORM
The terms and
conditions of sale as set out herein (“Terms of Sale”) constitute an agreement
between us and you and govern the terms and conditions on which you purchase
Products from us on or through the Platform. By placing an order for any
Product with us or making a purchase of Product, you expressly agree to be
bound by these Terms of Sale. These Terms
of Sale are in addition to the Agreement. These Terms of Sale constitute an electronic
record within the meaning of the applicable law. This electronic record is
generated by a computer system and does not require any physical or digital
signatures.
OUR
CONTRACT OF SALE
1.1.
Listing and display of a Product by us on Platform is our invitation to you to
make an offer for purchase of such Product. Likewise, the placement of an order
on Platform by you is your offer to buy the Product(s) from us. 1.2.
Once you have placed an order with us for purchase of a Product, you will
receive an e-mail and/or mobile confirming receipt of your order and containing
the details of your order (the “Order Confirmation”). The Order Confirmation is
merely an acknowledgement that we have received your order and does not signify
our acceptance of your offer. 1.3.
You can also login with your credentials to check the status of your order in
the My Orders section on the Platform. Once you open the page, you can get
details regarding the order status of individual products in your order. We
keep the status information of your order updated every few hours and also
notify you in case of delays. 1.4.
We only accept your offer and conclude the contract of sale for a Product
ordered by you, when the Product is shipped or dispatched to you and an e-mail
and/or registered mobile number confirmation is sent to you that the Product
has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve
the right, at our sole discretion, to refuse or cancel any order for any reason
whatsoever before sending Shipment Confirmation to you. 1.5.
If your order is dispatched in more than one package, you may receive separate
Shipment Confirmations for each package, and each Shipment Confirmation and
corresponding dispatch will conclude a separate contract of sale between you
and us for the Product(s) specified in that Shipment Confirmation. We will
notify you each time a shipment is dispatched or it is out for delivery; so
that you can track it till we knock on your door. 1.6.
Any communication from us shall be sent only to your registered mobile number
and/or email address or such other contact number or email address that you may
designate, for any particular transaction. You shall be solely responsible to
update your registered mobile number and/or email address on the Platform and
in the event there is a change please reach out for help at care@fjnin.com or by using the ‘Chat with Us’ option on the
Platform. Further, we may also send you notifications and reminders with
respect to scheduled deliveries of the purchased Products. While we shall make
every endeavor to share prompt reminders and notifications relating to the
delivery of purchased Product(s) with you, we shall not be held liable for any
failure to send such notifications or reminders to you. 1.7.
All orders placed on Platform are subject to the availability of such Product,
our acceptance of your offer as per the above and your continued adherence to
these Terms of Sale.
We
list availability information for the Products on the Platform. Beyond what we
say on Platform, we cannot be more specific about availability. Please note
that dispatch estimates are not guaranteed and should not be relied upon as
such. As we process your order, you will be informed by e-mail and/or mobile
SMS if any Products you order turn out to be unavailable or out of stock.
PRODUCT
PRICING
4.1.
All prices are listed in Indian Rupees. Price, as displayed, is inclusive of
all applicable taxes. 4.2.
Products in your shopping cart ordered via Platform will reflect the most
recent price as displayed on the Product’s information on the Platform. Please
note that this price may differ from the price shown for the Product when you
first placed it in your shopping cart. Placing a Product in your shopping cart
does not reserve the price shown at that time. It is also possible that a
Product’s price may decrease between the time you place it in your shopping
cart and the time you place the order. The prices mentioned at the time of
ordering will be the prices charged on the date of the delivery.
LICENSES
You
acknowledge that there may be licenses/permissions required under the
applicable laws to use, purchase or otherwise possess certain Product(s). You
will be solely responsible for obtaining such licenses/permissions and
complying with the terms of such licenses/permissions.
TAXES
You
shall be responsible for payment of all fees/costs/charges associated with the
purchase of Products from us and you agree to bear any and all applicable
taxes.
ELIGIBILITY
Only
persons who can enter into legally binding contracts as per Indian Contract
Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of
sound mind, and are not disqualified from entering into contracts by any law,
can use Platform and place an order with us. If you are a minor i.e., under the
age of 18 (Eighteen) years, you may purchase the Product on Platform only with
the involvement of a parent or guardian.
LIMITATION
OF LIABILITY
In
no event, our aggregate liability, if any, that is proven and ordered by a
court of competent jurisdiction pursuant to a claim by you or person acting on
your behalf, shall extend beyond the money charged from you for purchases made
pursuant to an order under which such liability has arisen and been
established. We will not be responsible for any business loss (including loss
of profits, revenue, contracts, anticipated savings, data, goodwill or wasted
expenditure) or any other indirect or consequential loss that is not reasonably
foreseeable to both you and us when a contract for the sale of Product by us to
you was formed.
AMENDMENTS
We
reserve the right to make changes to our policies, and these Terms of Sale at
any time. You will be subject to the policies and Terms of Sale in force at the
time you order Product from us, unless any change to those policies or these
Terms of Sale is required to be made by law or government authority (in which
case it will apply to orders previously placed by you). If any of these
conditions is deemed invalid, void, or for any reason unenforceable, that
condition will be deemed severable and will not affect the validity and
enforceability of any remaining condition.
FORCE
MAJEURE
We
will not be held responsible for any delay or failure to comply with its
obligations if the delay or failure arises from any cause which is beyond our
reasonable control.
WAIVER
No
provision in these Terms of Sale will be deemed waived and no breach excused,
unless such waiver or consent is in writing and signed by us. Our consent to,
or waiver of your breach, whether expressed or implied, will not constitute
consent to, waiver of, or excuse for any other different or subsequent breach.
GOVERNING
LAW AND DISPUTE RESOLUTION
These
Terms of Sale, all transactions consummated between you and us, and our
relationship with you is governed by the laws of India, without reference to
any conflict of laws principles and with an exclusive jurisdiction to the
courts of Mumbai.
MISCELLANEOUS
13.1.
In addition to these Terms of Sale, you will also ensure that you are in
compliance with the terms and conditions of the third parties, such as bank
offers terms and conditions, brand promotional offers, whose links, if any, are
contained/embedded in the Terms of Use. 13.2.
These Terms of Sale supersede all previous oral and written terms and
conditions (if any) communicated to you by us, for the purchase of Product.