TERMS OF USE
Welcome to Jumbotail!
This mobile application (https://play.google.com/store/apps/details?id=com.j24_consumer_application)
and website (https://j24.store) is owned and operated by Jumbotail Technologies Private Limited, a
company incorporated in India, having its registered office at Gupta House, 1
st
Floor, 736, 7
th
Cross Rd,
Koramangala 3
rd
Block, Bangalore - 560034, Karnataka, India (the Company”, which expression would
mean and include its officers, successors and permitted assigns). The mobile application and the
website shall together be referred to as the Platform”. The Company is in the business of operating
an online marketplace for the purchase and sale of consumer goods including but not limited to food,
grocery and household essential products and providing technology, marketing and logistics support to
online sellers and buyers. Such online services made available through the Platform are hereinafter
referred to as the “Services”.
This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and
rules made thereunder as may be applicable, and the amended provisions pertaining to electronic
records in various statutes as amended by the IT Act. 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 the IT Act and the rules made thereunder that require publishing the
rules and regulations, privacy policy and terms of use of the Platform.
For the purpose of these Terms of Use, wherever the context so requires, you”, youror user”, as
applicable, shall mean any natural or legal person who accesses and/or uses the Platform and/or
transacts business through the Platform by providing registration information. The
terms we”, us”, our shall mean the Company.
Please Read These Terms Of Use Carefully Before Using This Platform
1. Applicability And Amendment Of Terms
(i) These Terms of Use and the privacy policy available at Privacy Policy (“Privacy Policy”) are
applicable to the entire content of the Platform. We request you to carefully go through these
Terms of Use and the Privacy Policy before you decide to access this Platform or use the
Services.
(ii) These Terms of Use and the Privacy Policy apply to all visitors and users of the Platform and
together constitute a legal agreement (“Agreement”) between you and the Company in
connection with your visit to the Platform and your use of the Services.
(iii) Your use of the Platform or the Services will signify your acceptance of the Agreement and your
agreement to be legally bound by the same. If you do not agree to or wish to be bound by the
terms of the Agreement, you may not access or otherwise use the Platform or the Services.
(iv) We reserve the right to modify or terminate any portion of the Platform or the Services offered
by the Company or amend the Terms of Use as well as the Privacy Policy for any reason,
without notice and without liability to you or any third party. To make sure you are aware of any
changes, please review these Terms of Use and Privacy Policy periodically. The Company
may, at its sole discretion, require you to provide your consent to the updated Terms of Use in
a specified manner before any further use of the Platform and the Services. If no such separate
consent is sought, your continued use of the Platform will constitute your acceptance of such
changes.
(v) Nothing in the Agreement should be construed to confer any rights to third party beneficiaries.
2. Your Account And Registration
(i) You will be required to register on the Platform and create an account prior to the completion
of any transaction / purchase through the Platform.
(ii) Use of the Platform 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 Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a user
of the Platform and shall not transact on or use the Platform. If you are a minor i.e. under the
age of 18 years but at least 13 years of age you may use the Platform only under the supervision
of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is
below 18 years your parents or legal guardians can transact on behalf of you if they are
registered users. You are prohibited from purchasing any material which is for adult
consumption and the sale of which to minors is prohibited. The Company reserves the right to
terminate your membership and / or refuse to provide you with access to the Platform if it
is brought to the Company's notice or if it is discovered that you are under the age of 18 years.
(iii) To register onto the Platform you will have to provide your Personal Information (as defined in
the Privacy Policy) and other information with respect to your business including without
limitation, business name, GSTIN, PAN, TAN, Udyog Aadhar, address, phone number and/ or
any other information that may be required by the Company in relation to your business. To log
in to your account, you will have to enter your registered mobile number and the one time
password sent to your registered mobile number by the Company. Alternatively, you may use
the login credentials for the account maintained by you with certain identified third party sites
that we support (illustratively, Google or Facebook) (“Third Party Sites”). You understand and
agree that by using the login credentials for the account maintained by you with Third Party
Sites, you will also be subject to specific terms and conditions applicable to your account
maintained with such third party sites (“Third Party Terms”).
(iv) Registration is only a one time process and if you have previously registered, you may login
/sign in to your registered account using the same credentials as provided by you during the
registration process.
(v) Membership is free for all users. However, a fee may be charged for subscribing to any
new/additional services offered by the Company exclusively to Members. The Company
reserves the right to change the fee policy applicable to such paid membership, from time to
time. Changes to the fee policy will be posted on the Platform and such changes shall become
effective immediately after they are posted on the Platform. By continued use of the Platform,
you are deemed to have accepted the revised fee.
(vi) You shall ensure that the account details provided to us through the Platform are accurate,
correct, current and complete at all times. You will promptly update your account information
with any changes (that may occur). Further, you may be required to promptly furnish additional
documents or information as and when requested by the Company to continue using and
accessing the Platform. You shall promptly provide such additional documents and information,
failing which the Company reserves its right to take terminate your account / remove access.
3. Access
(i) You are responsible for maintaining the confidentiality of your account and password and for
restricting and preventing unauthorized access to your account. You agree to accept
responsibility for all activities that occur under your account or password.
(ii) You agree to (a) immediately notify the Company of any unauthorized use of your account
information or any other breach of security, and (b) ensure that you exit from your account at
the end of each session. The Company cannot and will not be liable for any loss or damage
arising from your failure to comply with these conditions. You may be held liable for losses
incurred by the Company or any other user of or visitor to the Platform due to authorized or
unauthorized use of your account as a result of your failure in keeping your account information
secure and confidential.
(iii) We reserve the right to refuse access to the Platform, terminate accounts, remove or edit
content at any time without notice to you.
(iv) The Company will endeavour to ensure that access to and availability of the Platform remains
uninterrupted and error free. However, access to the Platform may occasionally be suspended
or restricted to allow for updates, repairs, maintenance, or for the introduction of new facilities
and services.
4. Limited License For Access
(i) The Company grants you a limited license to access and make personal use of this Platform,
but not to modify it (or any portion thereof), except with prior written consent of the Company
and / or its affiliates, as may be applicable. You shall not attempt to gain unauthorized access
to any portion or feature of the Platform, or any other systems or networks connected to the
Platform or to any server, computer, network, or to any of the Services offered on or through
the Platform, by hacking, password "mining" or any other illegitimate means.
(ii) This license does not include any resale or commercial use of this Platform or its contents; any
collection and use of any product listings, descriptions, catalog images or prices, any derivative
use of this Platform or its contents, any downloading or copying of catalog images, account
information for the benefit of another seller, or any use of data mining, robots, or similar data
gathering and extraction tools. You will not advertise or sell any products, services or otherwise
(whether or not for profit) or solicit others (including without limitation solicitations for
contributions or donations).
(iii) This Platform or any portion thereof (including but not limited to any copyrighted material,
trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold,
resold, visited, distributed or otherwise exploited for any commercial purpose without prior
written consent of the Company and / or its affiliates, as may be applicable.
(iv) You will not frame or use framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of the Company and its
affiliates without prior written consent. You will not use any meta tags or any other "hidden text"
utilizing the Company’s or its affiliates' names or trademarks without the prior written consent
of the Company and / or its affiliates, as may be applicable. Without prejudice to the Company’s
right to be indemnified or other remedies under law, any unauthorized use will terminate the
permission or license granted by the Company and / or its affiliates, as may be applicable.
(v) You shall not use the Platform in any way that causes, or may be likely to cause damage or
impairment to the Platform or in any manner harms the Company or any other person or entity
(as determined by the Company in its sole discretion) or interrupt free access to it in any way.
You shall not use the Platform to host, display, upload, post, submit, distribute, modify, publish,
transmit, update or share any information that:
(a) belongs to another person and to which you do not have any right;
(b) is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
libellous, tortious, invasive of another's privacy, hateful racially or ethnically or otherwise
objectionable, disparaging, relating or encouraging money laundering or gambling, or
otherwise unlawful in any manner whatever;
(c) harms minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights of any person;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates
any information which is grossly offensive or menacing in nature;
(g) impersonates another person;
(h) poses or creates a privacy or security risk to any person;
(i) contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of the Platform and/or the Services or any
connected network or any computer resource, or otherwise interferes with any entity’s use
or enjoyment of the Platform and/or the Services; and
(j) 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 insults any other nation.
(vi) You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming,"
"spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly
understood and used on the internet.
(vii) You will not delete or modify any content on the Platform and/or Services including but not
limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark
symbols, logos, that you do not own or have express permission to modify.
5. Platform For Transactions and Communication
(i) You acknowledge that the Platform is solely a platform that Users and Sellers utilize to meet
and interact with one another for their transactions.
(ii) All commercial/contractual terms are offered by and agreed to between you and the sellers of
the products (“Sellers”) alone. The commercial/contractual terms include without limitation,
price, date, period for delivery, warranties related to products and services and after sales
services related to products and services. The Company is not and cannot be a party to or
control in any manner any transaction between the platform’s users/Sellers or does
not determine or advise or in any way involve itself in the offering or acceptance of such
commercial/contractual terms between you and the Sellers.
(iii) The Company does not make any representation or warranty as to specifics (such as quantity,
quality, value, safety, saleability, etc.) of the products or services proposed to be sold or offered
to be sold or purchased through the Platform or offline. The Company does not implicitly
or explicitly support or endorse the sale or purchase of any products or services through the
Platform. The Company accepts no liability for any errors or omissions, whether on behalf of
itself or third parties.
(iv) The Company is not responsible for any non-performance or breach of any contract entered
into between you and the Sellers. The Company cannot and does not guarantee that you and/or
the Sellers will perform any transaction concluded through the Platform. The Company is not
required to mediate or resolve any dispute or disagreement between you and the Sellers. You
hereby further agree, acknowledge and confirm that in the event of a dispute between you and
the Sellers, your only recourse will be against the Seller and the Company will not be made a
party to any such issue and/or dispute.
(v) You acknowledge that you are transacting on the Platform at your own risk. In light thereof, you
are advised to independently verify the bona fides of any particular Seller that you choose to
deal with through the Platform and use your best judgment in that behalf.
(vi) The Company does not at any point of time during any transaction between you and the Seller
through the Platform gain title to or have any rights or claims over the products or services
offered by the Seller to you. The Company 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.
(vii) 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 you. Any communication sent or initiated by the Company to
you or the performance of any Services in relation to the product on behalf of You and the
Company shall not be liable, either directly or indirectly, for the performance of the contract or
for any loss, damage, liability that arises from the performance of such contract.
(viii) You shall independently agree upon the manner and terms and conditions of delivery, payment,
insurance etc. with the Seller(s) that you transact with. Pricing on any product(s) as is reflected
on the Platform may due to some technical issue, typographical error or product information
published by the Seller be incorrectly reflected and in such an event the Seller reserves the
right to refuse sale of the item(s).
(ix) You agree and confirm that any services provided to you by the Company via the Platform are
on best efforts basis and the Company may engage services of third party service provider(s)
to facilitate such Services to you. The Company shall not in any manner be liable to you for
failure, inadequacy or delay caused by such third party service provider.
6. Returns
Return policy for can be accessed here: Returns Policy.
7. Pricing And Product Availability
(i) The Company will ensure that the Sellers display on the Platform, information on price and
availability of the products sold. Although prices of most of the products do not fluctuate on a
daily basis, some of the commodities and fresh food prices may change on a daily basis. For
any order the price shall be the price prevailing at the date on which the order is placed. The
prices listed on the Platform are not negotiable.
(ii) Despite the best efforts of the Company, such information on the price and availability of
products may be inaccurately/ erroneously displayed on the Platform by the Sellers. The
Company reserves the right to correct any and all errors when they do occur and the Company
shall not honour inaccurate or erroneous prices. The prices on the Platform are also subject to
change without notice.
(iii) The Company facilitates the listing and sale of tobacco and tobacco products and the
corresponding delivery by Delivery Partners to Users that are over eighteen (18) years of age
or such higher age as may be specified under applicable law. In this regard, the User agrees to
undergo and complete the mandatory age verification process on the Platform, by furnishing
the requisite documents, before the purchase. Users undertake to provide valid and legible
documents for the purpose of verification, failing which they will not be allowed to access the
Platform for the purchase of tobacco products. Users shall be solely liable as to the veracity of
the documents provided by them. The Company undertakes no liability in this regard.
(iv) Users may also be required to provide appropriate proof of age at the time of delivery. The
Company reserves the right to unilaterally terminate the Purchase Order if appropriate
documents have not been provided, and in the event appropriate proof is not provided at the
time of delivery, to terminate the transaction with no refunds to the User.
(v) Users shall ensure that no Purchase Orders for Tobacco are initiated for delivery in or within a
specific distance (as prescribed under applicable law) from public locations, such as
educational institutions, religious places, places of worship, hospitals, healthcare
establishments, etc.
8. Payment
(i) Invoices for the products ordered through the Platform shall be raised by the relevant Seller or
the Company for and on behalf of the Seller. The Company has been authorized by the Sellers
for collecting amounts due from you under an invoice on behalf of the Sellers and will remit the
amounts to the Sellers. For the avoidance of doubt, the Company does not sell any products to
you and is solely the provider of a platform for facilitating transactions between you and the
Sellers. The sole responsibility for the transactions / payments to be made to the Seller shall
be yours, as the Company is acting merely as a payment collector and the Company shall take
no responsibility as to the legality of any payment transaction between the Seller and you. The
Company does not have any obligation, responsibility or liability to verify any transactions
authenticated and/or authorised by you or its payment instructions. You further acknowledge
that the Company shall not be responsible, for any loss incurred by you for a failed / incomplete
transaction undertaken by you on the Platform.
(ii) The Company offers multiple payment options to you on the Platform, which may be updated
from time to time:
(a) Online Payment: You can make online payments using your credit card or debit
card, through net banking (RTGS/NEFT/IMPS), through wallets or other pre-paid
instruments and payment options offered / recognized by the Company from time to time;
(b) Offline Payment: You can complete the order online and then make payments to the
Company by cash on delivery to the delivery personnel. Such payments will be remitted
by the Company to the relevant Seller.
(iii) With respect to payments on the Platform, you shall comply with guidelines and directions, as
may be made by the Company or third party banks or financial institutions, as the case may be
or a payment system provider from time to time. In the event of a chargeback event, the
Company reserves its right to withhold the settlements to Seller, pending enquiries by the
banks, payment system provider or any regulatory body till such issue is resolved.
(iv) Company may facilitate credit transactions for Customers from time to time, at its sole discretion
to certain eligible customers. Customers understand that such transactions will directly be with
financing agencies /lenders and shall enter into lending documents directly with the lenders and
the Company will only be a facilitator of such transactions.
9. Delivery
(i) A delivery fee plus applicable GST shall be charged for orders placed through the Platform.
The delivery fee may be modified from time to time at the sole discretion of the Company.
(ii) Shipping all items in an order together, may not always be possible due to product availability.
The Company will intimate you in such cases through phone calls. You hereby expressly
consent to the Company contacting you on your registered mobile number for transaction
related communications. Shipments shall be delivered on ‘as is’ basis and unless agreed
otherwise, the Company is under no obligation to inspect the contents of the shipment.
(iii) In the event that your order cannot be delivered on account of a mistake by you (i.e. wrong
name or address or any other wrong information) any extra cost incurred by the Company for
redelivery shall be claimed from you.
10. Offers
The Company may, from time to time, provide offers on the products listed for sale through the
Platform including by way of cashbacks, loyalty points and other rewards.
11. Copyright and Database Rights
(i) All content included on the Platform, such as photographs, text, graphics, logos, button icons,
images and software, is the exclusive property of the Company, its affiliates or its content
suppliers.
(ii) The compilation of all content on this Platform is the exclusive property of the Company.
(iii) All software used on this Platform is the property of the Company or its software suppliers. You
shall not systematically extract and/or re-utilize parts of the contents of the Platform without the
Company’s express written consent. In particular, you shall not utilize any data mining, robots,
or similar data gathering and extraction tools to extract (either once or a number of times) for
re-utilization of any substantial parts of this Platform, without the Company’s prior and express
written consent.
(iv) You shall not create and/or publish your own database that features substantial parts of this
platform and/or Platform (e.g. prices and product listings) without the Company’s express
written consent. Your personal and non-commercial use of this Platform shall be subjected to
the following restriction (i) you may not modify any content of the Platform, including but not
limited to, any public display, description, performance, sale, rental, pricing of the product; (ii)
you may not decompile, reverse engineer, or disassemble the content, or (iii) remove any
copyright, trademark registration, or other proprietary notices from the content. You further
agree not to access or use this Platform in any manner that may be harmful to the operation of
this Platform or its content.
12. Representations and Warrantors
You represent and warrant as under:
(i) You have full power and authority to accept the Terms of this Agreement, to grant the license
and authorization (if applicable) and to perform the obligations hereunder.
(ii) You confirm that You have the legal capacity to enter into a legally binding contract under Indian
law, specifically the Indian Contract Act, 1872.
(iii) That you are accessing the services available on the Platform and transacting at your sole risk
and are using your best and prudent judgment before entering into any transaction through this
Platform.
(iv) That the address at which delivery of the product ordered by you is to be made will be correct
and proper in all respects.
(v) That before placing an order you will check the product description carefully. By placing an
order for a product you agree to be bound by the conditions of sale included in the item's
description
13. Trademarks
[Jumbotail Technologies Private Limited] and other marks indicated on the Platform are
intellectual property (whether registered or unregistered) of the Company in the Indian
jurisdiction. All other trademarks not owned by the Company that appear on this Platform are
the property of their respective owners, who may or may not be affiliated with, connected to, or
sponsored by the Company.
14. Communications
(i) Using the Platform or sending emails to the Company constitutes electronic communication by
you with the Company. The Company communicates with you by email or by posting notices
on the Platform. For contractual purposes, you consent to receive communications from the
Company electronically and agree that all agreements, notices, disclosures and other
communications that are provided to you electronically satisfy any legal requirement stipulating
that those communications be in writing. This condition does not affect your statutory rights.
(ii) You understand that once you register on the Platform, you will receive short message service
(“SMS”) messages from the Company on your registered mobile number. These messages
could relate to your registration, transactions that you carry out through the Platform or any
updates and promotions that are undertaken by the Company. Please note that the Company
will send these SMS messages only to the registered mobile number or such other number that
you may designate for any particular purpose. It is your responsibility to ensure that you provide
the correct number for the transaction you wish to enter and that such number is not registered
on the National Do Not Call Registry.
(iii) Further, the Company may also send notifications and reminders to you with respect to you
activity on the platform in relation to the Services. Please note that while the Company
endeavours to provide these notifications and reminders to you promptly, the Company does
not provide any guarantee and shall not be held liable or responsible for any failure to send
such notifications or reminders to you.
15. Termination
(i) In the event that you breach these Terms of Use or in the event that any other user or a third
party reports violation of any of its rights as a result of a your use of the Services, the Company
reserves the right, to suspend or terminate such your access to the Platform with or without
notice to you, and to exercise any other remedy available under the law.
(ii) The Company shall have the right to indefinitely suspend or block access to your membership
on the Platform and/or refuse to provide you access to the Platform if:
(a) you engage in or are suspected of engaging in any illegal, fraudulent or abusive activity or
breach of any applicable laws or any action or inaction by you which may result in breach
of applicable laws by the Company; or
(b) you provide any information that is untrue, inaccurate, not current or incomplete in any
respect or we have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, or not in accordance with the Terms of Use.
(iii) Upon suspension or termination, your right to avail the Services through the Platform shall
immediately cease and the Company reserves the right to remove or delete information
regarding you that is available with the Company, including but not limited to login, account
information and information posted by you.
16. Amendments
We reserve the right to make changes to our Platform, policies, and these Terms of Use at any
time. You will be subject to the Terms of Use in force at the time that you use the Platform or at
the time you place orders through our Platform, unless any change to those policies or these
conditions 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 are deemed invalid, void, or for any
reason unenforceable, such condition will be deemed severable and will not affect the validity
and enforceability of any remaining condition.
17. Disclaimers
(i) The information, content and materials on this Platform and / or the Services are provided on
an "as is" and "as available" basis. The Company and all its subsidiaries, affiliates, officers,
employees, agents, partners and licensors disclaim all warranties of any kind, either express or
implied, including but not limited to, implied warranties on merchantability, fitness for a particular
purpose and non-infringement.
(ii) The Company makes all reasonable efforts to ensure that the Sellers display the products listed
for sale on its Platform as accurately as possible. However the Company cannot guarantee that
the users’ monitor's display of any product colour, texture or detail will be accurate. The
Company does not warrant that product descriptions or other content are accurate, complete,
reliable current or error free. While the Company makes every effort to ensure that the products
are described and priced accurately by the Sellers, in the event that an item is deemed to be
priced incorrectly, the Company reserves the right to refuse the sale of that item.
(iii) The Company does not warrant that the functions contained in content, information and
materials on the Platform and/or Services, including, without limitation any third party sites or
services linked to the Platform and/or Services will be uninterrupted, timely or error-free, that
the defects will be rectified, or that the Platform or the servers that make such content,
information and materials available are free of viruses or other harmful components.
(iv) Any material downloaded or otherwise obtained through the Platform and/or Services are
accessed at your own risk, and you will be solely responsible for any damage or loss of data
that results from such download to your electronic device.
(v) You acknowledge that when you access a link that navigates you to other sites or applications,
the site or application you will enter into is not controlled by the Company and different terms
of use and privacy policy may apply. By accessing links to other sites or applications, you
acknowledge that the Company is not responsible for those sites or applications. The Company
reserves the right to disable links from third-party sites or applications to the Platform, although
the Company is under no obligation to do so.
18. Indemnity And Limitation Of Liability
(i) You hereby indemnify, defend, and hold the Company, the Company's directors, shareholders,
affiliates, distributors, agents, representatives and other authorized users, and each of the
foregoing entities' respective resellers, distributors, service providers and suppliers, and all of
the foregoing entities' respective officers, directors, owners, employees, agents,
representatives, harmless from and against any and all losses, damages, liabilities and costs
including legal costs) arising from (i) your use of the Platform or the Services and/or violation of
the covenants, representations and warranties under this Agreement by you; and/or (ii) non-
compliance or breach of any provisions of applicable law or any action or inaction by you which
may result or is likely to result in a non-compliance of any law by the Company.
(ii) You expressly understand that under no circumstances, including, but not limited to,
negligence, shall the Company be liable to you or any other person or entity for any direct,
indirect, incidental, special, or consequential damages, including, but not limited to damages
for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances,
including but not limited to: (i) the use or the inability to use the Platform and/or Services; or (ii)
the cost of procurement of substitute goods and services resulting from any goods, data,
information or services purchased or obtained or messages received or transactions entered
into through or from the Platform and/or Services or (iii) unauthorized access to or alteration of
your transmissions or data; (iv) statements or conduct of any third party on the Platform and/or
Services; or (v) any other matter relating to the Platform and/or Services.
In the event that any tax claims or demands are made against the Company in relation to any
Seller’s and/or your tax liabilities, and the Company is required to pay any amounts with respect
to aforesaid claims or demands, then the Company shall have a right to make an indemnity
claim with respect to the same on such Seller and/or you, as the case may be, at the sole
discretion of the Company.
(iii) We shall neither be liable nor responsible for any actions or inactions of the other users of the
Platform nor any breach of conditions, representations or warranties by them. We do not take
any obligation to mediate or resolve any dispute or disagreement between you and the other
users of the Platform.
(iv) Further, none of the directors, officials or employees of the Company shall be personally liable
for any action in connection with the Platform or the Services
.
(v) We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use
of credit/ debit cards that have been used to make payments on the Platform.
19. Force Majeure
We will not be responsible in the event of failure of performance resulting directly or indirectly
from an act of force majeure or causes beyond the Company's reasonable control including,
without limitation, acts of god, war, equipment and technical failures, electrical power failures
or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or
materials, natural disasters, epidemic, pandemic, lockdowns, quarantine, orders of domestic or
foreign courts or tribunals, non-performance of third parties, or any reasons beyond the
reasonable control of the Company. You further acknowledge and agree that the Company
shall not be responsible or liable for (a) any incompatibility between the Platform and/or
Services and any other website, application, service, software or hardware or (b) any delays or
failures that users may experience with any transmissions or transactions relating to the
Platform in an accurate or timely manner.
20. Report Abuse
In the event you come across any abuse or violation of the Terms or if you become aware of
any objectionable content on the Platform, please report to support@jumbotail.com.
21. Privacy Policy
You confirm that you have read, fully understand and accept the Privacy Policy and understand
that the Privacy Policy may be amended by the Company from time to time.
22. Grievance Officer
If you have any grievance with respect to the Platform or the Service, including any
discrepancies and grievances with respect to processing of information, you can contact our
Grievance Officer at: support@jumbotail.com.
23. Waiver
No term of these Terms of Use shall be deemed waived and no breach excused, unless such
waiver or consent is in writing and signed by the Company. Any consent by the Company to, or
waiver of a breach by you, whether expressed or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
24. Governing Law And Jurisdiction
Any dispute, claim or controversy arising out of, or relating to the breach, termination,
enforcement, interpretation or validity thereof, including the determination of the scope or
applicability of these Terms of Use, or to your use of the Company’s platform or the service or
information to which it gives access, shall be determined by arbitration in India, before a sole
arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act,
1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration,
including, without limitation, any awards, shall be in the English language. The award shall be
final and binding on the parties.
25. Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral
tribunal to be unenforceable under applicable law, then such provision shall be excluded from
these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such
provision were so excluded and shall be enforceable in accordance with its terms; provided
however that, in such event these Terms of Use shall 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 or arbitral
tribunal.
26. Complete Understanding
These Terms of Use contain the entire understanding between the parties, and there are no
other written or oral understandings or promises between the parties with respect to the subject
matter of these Terms of Use other than those contained or referenced in these Terms of Use.
You have read these Terms & Conditions and agree to all of the provisions contained above