PLEASE READ THIS AGREEMENTCAREFULLY, BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL THESE TERMS AND CONDITIONS.
Terms of Offer: This Website offers for sale of new and pre-owned books. By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify, our third party call center reps or direct JIFFIKART sales reps, may communicate to you by mail or registered contact numbers regarding any promotions and offers. It is solely your desire to opt out from further direct company communications and solicitations otherwise you are agreeing to continue to receive further emails and call solicitations JIFFIKART and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
1. You may use the opt-out link found in any e-mail solicitation that you may receive.
2. You may also choose to opt-out, via sending your email address to: firstname.lastname@example.org
3. You may also send a written remove request to our registered address:
#5-A, Kamaraj Salai, Santhi Nagar,
Proprietary Rights. JIFFIKART has proprietary rights and trade secrets in the display of Products. You may not copy, reproduce, resell or redistribute any Product and/or distributed by JIFFIKART. JIFFIKART also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
Content, Intellectual Property, Third Party Links: In addition to making Products available, this Website also offers information and marketing materials. JIFFIKART does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that JIFFIKART does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. JIFFIKART does not endorse the contents on any such third-party websites. JIFFIKART is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website: JIFFIKART is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will
(1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),
(2) Not interfere with or disrupt the use and enjoyment of the Website by other users,
(3) Not resell material on the Website,
(4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication and
(5) not defame, harass, abuse, or disrupt other users of the Website.
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from JIFFIKART or the applicable third party (if third party content is at issue).
Membership on the Website is free for buyers. JIFFIKART does not charge any fee for browsing and buying on the Website. JIFFIKART reserves the right to change its Fee Policy from time to time. In particular, JIFFIKART may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event JIFFIKART reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to JIFFIKART.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the JIFFIKART website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. JIFFIKART reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to JIFFIKART’s notice or if it is discovered that you are under the age of 18 years.
YOUR ACCOUNT AND REGISTRATION
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render JIFFIKART liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Flipkart's Website.
3. You understand, accept and agree that the payment facility provided by JIFFIKART is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the JIFFIKART Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, JIFFIKART is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
• You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
• You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
• You, as a Buyer, shall electronically notify Payment Facility using the appropriate JIFFIKART Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
• You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
• You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
• Except for Cash On Delivery transaction, refund, if any, shall remain in Jiffiwallet credit and you can use that for your future purchases
• For Cash On Delivery transactions, refunds, if any, will be made via demand draft or NEFT credit in favour of the Buyer (As per registration details provided by the Buyer)
• Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees excluding the shipping and handling charges.
• For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
• Refund shall be conditional and shall be with recourse available to JIFFIKART in case of any misuse by Buyer.
• Refund shall be subject to Buyer complying with Policies.
4. JIFFIKART reserves the right to impose limits on the number of Transactions or Transaction Price which JIFFIKART may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
5. JIFFIKART reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with JIFFIKART or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
6. JIFFIKART may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of JIFFIKART. As a result of such check if JIFFIKART is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
7. JIFFIKART may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if JIFFIKART deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, JIFFIKART may hold Transaction Price and JIFFIKART may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
8. The Buyer and Seller acknowledge that JIFFIKART will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of JIFFIKART.
Buyer's arrangement with Issuing Bank:
9. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
10. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
JIFFIKART prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. Please report any violations of this policy to the correct area for review:
- Report offensive Display Names
- Report offensive language in a listing or otherwise
If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
JIFFIKART will consider the circumstances of an alleged policy violation and the user's trading records before taking action.
Violations of this policy may result in a range of actions such as Limits placed on account privileges or Account suspension.
JIFFIKART reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, JIFFIKART may at its sole discretion suspend, block, restrict, cancel the Display Name of such User and/or disqualify that User. Any person who knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
Definition: 'Return' is defined as the action of giving back the item purchased by the Buyer to the Seller on the JIFFIKART website. Following situations may arise:
- Item was defective
- Item was damaged during the Shipping
- Products was / were missing
- Wrong item was sent by the Seller.
- Condition of the product delivered is different from the condition of product mentioned in website
Return could also result in refund of money in most of the cases.
Points to be noted:
- Jiffikart has to approve any return of product.
- Jiffikart reserves the right to reject any return request.
We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.
Buyer needs to raise the return request within the return period applicable to the respective product. Once Buyer has raised a return request by contacting Us, JIFFIKART will examine the return request and call you back or contact you by mail in the contact details registered with us.
In the event JIFFIKART accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.
Further for returns being made by Buyer to JIFFIKART the following parameters needs to be ensured by the Buyer:
- The product is not damaged.
- The condition of the product returned is same as product delivered.
- The product is returned back in same delivery cover.
If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.
Shipping cost for returning the product shall be borne and incurred by JIFFIKART.
Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being, Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.
Buyer needs to raise the replacement request within 24 hours of delivery of the product. Once Buyer has raised a replacement request by contacting Us on the contact number provided on the Website. Once the replacement request has been raised, the following steps shall be followed:
1. Buyer is asked for "Reason for Return". Among others, the following are the leading reasons:
- Shipping was damaged
- Item was defective
- Item(s) were missing
- Wrong item sent
2. In case JIFFIKART accepts the replacement request, Buyer shall be required to return the product to JIFFIKART and only after return of the product; JIFFIKART shall be obliged to provide the replacement product to the Buyer.
In case JIFFIKART doesn't have the product at all, JIFFIKART can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.
If JIFFIKART doesn't respond to the Buyer's replacement request, within three (3) days from the date of replacement request placed by the Buyer, refund shall be processed in favour of Buyer and JIFFIKART shall be liable to refund amount.
All shipping and other replacement charges shall be borne and incurred by JIFFIKART.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED EXCEPT OTHERWISE SPECIFIED IN WRITING JIFFIKART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JIFFIKART MAKES NO WARRANTY:
- that the information provided on this website is accurate, reliable, complete, or timely.
- that the links to third-party websites are to information that is accurate, reliable, complete, or timely.
- no advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
- as to the results that may be obtained from the use of the products or that defects in products will be corrected.
- regarding any products purchased or obtained through the website.
LIMITATION OF LIABILITY
JIIFIKART’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
JIFFIKART WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
You will release, indemnify, defend and hold harmless JIFFIKART, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to JIFFIKART. When JIFFIKART is threatened with suit or sued by a third party, JIFFIKART may seek written assurances from you concerning your promise to indemnify JIFFIKART your failure to provide such assurances may be considered by JIFFIKART to be a material breach of this Agreement. JIFFIKART will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of JIFFIKART choice at its expense. JIFFIKART will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend JIFFIKART against any claim, but you must receive JIFFIKART prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opted-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure: JIFFIKART will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: JIFFIKART may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and JIFFIKART and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of JIFFIKART to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law: This Website originates from the Chennai, Tamilnadu. This Agreement will be governed by the laws of the State of Tamilnadu without regard to its conflict of law principles to the contrary. Neither you nor JIFFIKART will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Tamilnadu. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination: JIFFIKART reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and JIFFIKART may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, JIFFIKART reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until JIFFIKART chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use: JIFFIKART makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this Agreement to anyone. JIFFIKART may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.