Terms & Service
Terms & Service
AGREEMENT BETWEEN
USER AND Jes & Ben Groupo
The website Jes &
Ben Groupo is comprised of various Websites and Web pages. The Jes & Ben
Groupo Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use
of the Jes & Ben Groupo Website constitutes your agreement to all such
terms, conditions, and notices. Additionally, the Jes & Ben Groupo Web Site
may themselves contain additional terms that govern particular features or
offers (for example, sweepstakes or chat areas). In the event that any of the
terms, conditions, and notices contained herein conflict with the Additional
Terms or other terms and guidelines contained within Jes & Ben Groupo website,
then these terms shall be applicable
PLEASE READ THE
FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY
BEFORE USING THIS WEB
SITE
By using the Site,
you agree to these terms of use, conditions and all applicable laws. If you do
not agree to these terms you may not use this Site.
MODIFICATION OF THESE
TERMS OF USE
Jes & Ben Groupo reserves the right to change the terms,
conditions, and notices under which the Jes & Ben Groupo Web Site is offered, including but not limited
to the charges associated with the use of the Jes & Ben Groupo Web Site. You are responsible for regularly
reviewing these terms and conditions.
USE OF SITE. PERSONAL
AND NON-COMMERCIAL USE LIMITATION
Unless otherwise
specified, the Jes & Ben Groupo Website is for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or sell
any information, software, products or services obtained from the Jes & Ben
Groupo Website.
You may display and,
subject to any expressly stated restrictions or limitations relating to
specific material, electronically copy, download and print hard copy portions
of the material from the different areas of the Site solely for your own
noncommercial use, or to place an order with Jes & Ben Groupo or to purchase Jes & Ben Groupo products. Any other use of materials on this
Site, including but not limited to the modification, reproduction,
distribution, republication, display or transmission of the content of this
Site, without prior written permission of Jes & Ben Groupo is strictly prohibited.
Harassment in any
manner or form on the Site, including via e-mail and chat or by obscene or
abusive language is strictly forbidden. Impersonation of others, host, or
representative or other members or visitors on the Site is prohibited. You may
not upload to, distribute, or otherwise publish through the Site any content
which is libelous, defamatory, obscene, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable, or which may
constitute or encourage a criminal offense, violates the rights of any party or
otherwise gives rise to liability or violates any law. You may not upload
commercial content on the Site or use the Site to solicit others to join or
become members of any other commercial online service or other organization.
All information,
products and content available on the website including the aesthetics of the
website, trademarks, logo, images, graphics, icons, data and software
(collectively known as “Contents”), are solely the property of Jes & Ben
Groupo and our Affiliates and is
protected by laws of India, including laws governing all applicable forms of
intellectual property. Neither the content nor any portion of this website may
be sold, reproduced, published, accessed, modified, or otherwise exploited, in
whole or in part, for any purpose, without our express, prior written consent.
TERM, TERMINATION
These terms and
conditions are applicable to you upon your accessing the Site and/or completing
the registration or shopping process. These terms and conditions, or any of
them, may be modified or terminated by Jes & Ben Groupo without notice at any time for any reason. The
provisions relating to Copyrights and Trademarks, Disclaimer, Claims,
Limitation of Liability, Indemnification, Applicable Laws, Arbitration and
General, shall survive any termination.
USER PARTICIPATION
Jes & Ben Groupo does not and cannot review all communications
and materials posted to or created by users accessing the Site and are not in
any manner responsible for the content of these communications and materials.
You acknowledge that by providing you with the ability to view and distribute
user generated content on the Site, Jes & Ben Groupo is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability relating to any
contents or activities on the Site. However, Jes & Ben Groupo reserves the right to block or remove
communications or materials that it determines to be:
- abusive,
defamatory, or obscene
- fraudulent,
deceptive, or misleading
- in
violation of a copyright, trademark or; other intellectual property right
of another or
- violates
any law or regulation or
- offensive
or otherwise unacceptable to Jes & Ben Groupo at its sole discretion
However, we do not
control or endorse any user content and transmitted or posted on the Jes &
Ben Groupo website and therefore, we do
not guarantee the accuracy, integrity or quality of User Content. You
understand that by using this website, you may be exposed to User Content that
is offensive, indecent or objectionable to you. Under no circumstances will we
be liable in any way for any User Content, including, without limitation, for
any errors or omissions in any User Content, or for any loss or damage of any
kind incurred by you as a result of the use of any User Content transmitted,
uploaded, posted, e-mailed or otherwise made available via the website. You
acknowledge that we have the right (but not the obligation) in our sole
discretion to refuse to post or remove any User Content and we reserve the
right to change, condense, or delete any User Content. Without limiting the
generality of the foregoing or any other provision of these Terms and
Conditions, we have the right to remove any User Content that violates these
Terms and Conditions or is otherwise objectionable and we reserve the right to
refuse service without prior notice for any users who violate these Terms and
Conditions or infringe the rights of others
Note that any
personally identifiable information you may post or transmit will be treated by
Axiom Ayurveda Private Limited in accordance with Jes & Ben Groupo ’s Privacy
Statement.
USER SUBMISSIONS
Except for any
personally identifiable information that we may collect from you under the
guidelines established in our Privacy Statement, any material, information or
other communication you transmit, upload or post to this Site (“Submissions””)
will be considered non-confidential and non-proprietary. By posting or
transmitting any Submission, you hereby grant Axiom and its designees, the
right to copy, use, reproduce, modify, adapt, translate, publish, license,
distribute, sell or assign the Submission . and all data, images, sounds, text,
and other things embodied therein for any and all commercial or non-commercial
purposes.
USER CHAT ROOMS
Jes & Ben Groupo may, but is not obligated to, monitor or
review any areas on the Site where users transmit or post Submissions or
communicate solely with each other, including but not limited to chat rooms,
bulletin boards or other user forums, and the content of any such
communications. Jes & Ben Groupo , however, will have no liability related
to the content of any such communications, whether or not arising under the
laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
THIRD-PARTY LINKS
In an attempt to
provide increased value to our visitors, this Site may contain links to other
sites on the Internet that are owned and operated by third party vendors and
other third parties (the “External Sites”). However, even if the third party is
affiliated with Jes & Ben Groupo , it has no control over these linked
sites, all of which have separate privacy and data collection practices,
independent of Jes & Ben Groupo . Jes & Ben Groupo has no responsibility or liability for these
independent policies or actions and is not responsible for the privacy
practices or the content of such web sites. These linked sites are only for
your convenience and therefore you may access them solely at your own risk.
Links do not imply that Jes & Ben Groupo sponsors, endorses, is affiliated with or
associated with, or has been legally authorized to use any trademark, trade
name, service mark, design, logo, symbol or other copyrighted materials
displayed on or accessible through such External Sites. Nonetheless, Jes &
Ben Groupo seeks to protect the
integrity of its Site and the links placed upon it and therefore requests any
feedback on not only its own Site, but for sites it links to as well (including
if a specific link does not work).You should contact the Site administrator or
Webmaster for those External Sites if you have any concerns regarding such
links or the content located on such External Sites.
DISCLAIMER
Jes & Ben Groupo makes no warranties or representations about
the accuracy or completeness of this Site’s content or the content of any site
or External Sites. No representations, warranties or guarantees whatsoever are
made as to the accuracy, adequacy, reliability, completeness, suitability or
applicability of the information to a particular situation.
Jes & Ben Groupo does not filter advertisements or other
content that children may view through our sites or “hot-linked” sites, and
they could receive content and materials from the Internet and/or advertising
that are inappropriate for children. We encourage parents and guardians to
spend time online with their children and to consider using an electronic
filtering software.
Any material/
contents downloaded or otherwise obtained through the use of the site is done at
your own discretion and risk. Although we take full precaution and care against
viruses in the Content present or sent through the website but Jes & Ben
Groupo and / or its associates and
affiliates do not warrant that this site, its servers, or any mail sent from us
will not have viruses or harmful components. If any damage is caused to your
computer system and any losses accrue it will not be our responsibility. You
will be solely responsible for any damage to your computer system or loss of
data or any other harm that results from the usage of any such material.
THIS SITE AND THE
MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT
LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, AXIOM DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM
FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. AXIOM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. AXIOM DOES NOT MAKE ANY WARRANTIES OR
REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF
THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF
LIABILITY
IN NO EVENT SHALL JES
& BEN GROUPO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER,
EVEN IF AXIOM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING
OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
CONSENT TO RECEIVE
NOTICES
You consent to
receive any agreements, notices, disclosures and other communications
(collectively, “Notices”) to which these Terms and Conditions refer from us
electronically, by email or by posting notices on this website. You agree that
all Notices that we provide to you electronically satisfy any legal requirement
that such communications be in writing. To withdraw your consent to
receive Notices electronically, you must notify us of your withdrawal of such
consent by emailing us and discontinue your use of this website. In such
event, all rights granted to you pursuant to these Terms and Conditions, shall
automatically terminate. Unfortunately, we cannot provide the benefits of this
website to any user that cannot consent to receipt of Notices electronically.
Please note that this consent to receive Notices is entirely separate from any
election you may make with respect to receipt of marketing communications. Your
options with respect to receipt of marketing communications are set forth in
our Privacy Policy.
INDEMNIFICATION
You agree to
indemnify, defend, and hold harmless AXIOM, its officers, directors, employees,
agents, licensors and suppliers (collectively the “Provider”) from and against
all losses, expenses, damages and costs, including reasonable attorneys’ fees,
resulting from any violation of these terms and conditions or any activity
related to your Internet account (including negligent or wrongful conduct), by
you or any other person accessing the Site using your Internet account.
ARBITRATION
By using this Site,
you agree that Jes & Ben Groupo , at its sole discretion, may require you
to submit any disputes arising from the use of this Site, or these Terms and
Conditions concerning or, including disputes arising from or concerning their
interpretation, violation, nullity, invalidity, non-performance or termination,
as well as disputes about filling gaps in this contract or its adaptation to
newly arisen circumstances, to final and binding arbitration as per the
Arbitration and Conciliation Act and Rules made there under. The venue of Arbitrations
shall be at Delhi and the courts at Delhi alone shall have the jurisdiction to
decide upon disputes, arising if any.
GENERAL
Jes & Ben Groupo may revise these Terms at any time by updating
this posting. You should visit this page from time to time to review the
then-current Terms because they are binding upon you. Certain provisions of
these Terms may be superseded by expressly designated legal notices or terms
located on particular pages of this Site.
