Terms Of Use And Sale
PLEASE READ THESE TERMS AND CONDITIONS FOR USE AND SALE CAREFULLY (“TERMS AND CONDITIONS” or “T&C”) BEFORE ACCESSING www.jaystorix.online (“WEBSITE”). IT CONTAINS THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE WEBSITE, PRODUCTS & SERVICES (“PRODUCTS AND SERVICES”) AND ANY CONTENT SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, AUDIO, VIDEO OR PHOTOGRAPHS ETC. (“MATERIALS”) THAT [Jay Storix E Com LLP] (“JAY STORIX”) MAY MAKE AVAILABLE THROUGH THE WEBSITE AND ANY SERVICES THAT JAY STORIX MAY PROVIDE THROUGH THE WEBSITE. PLEASE DO NOT USE THE WEBSITE OR TRANSACT ON THE WEBSITE IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS PROVIDED BELOW.
I. ACCEPTANCE
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, pertaining to the 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.
II. INTRODUCTION
Welcome to the Jay Storix Website.
In using the Website, you are deemed to have accepted the Terms and Conditions listed below. Usage of the Website shall be construed as your consent for receiving calls, messages, and/or emails including marketing and promotional calls, messages, emails, autodialed and/or pre-recorded messages, from Jay Storix at any time, on the telephone number / contact information or email ID that may be provided by you. You hereby unconditionally consent that such communications via SMS, WhatsApp, mails, and/ or voice call is (a) upon your request authorized, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
III. SCOPE OF JAY STORIX WEBSITE
The Website is a technology based platform through which Jay Storix, on a non-exclusive and principal-to-principal basis, sells its products (“Jay Storix Products”) and the products of third party vendors registered with Jay Storix (“Third Party Products, and collectively with Jay Storix Products referred to as “Products”). The sale of Products by Jay Storix to you is therefore subject to these Terms and Conditions. Jay Storix reserves the right, in its sole and absolute discretion, to refuse, suspend, or terminate selling any of the Products to any person as it may deem fit.
IV. USERS ELIGIBILITY
Use of the Website is available only to a duly constituted legal entity or an adult individual who is competent to contract under the prevailing laws of India. Persons who are deemed “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. If your age is below 18 years old, your parents or legal guardians can transact on your behalf, if they are registered users.
Jay Storix reserves the right to terminate your registration and refuse to provide you with access to the Website if Jay Storix discovers that you are under the age of 18 years. The Website is not available to persons whose membership has been suspended or terminated by Jay Storix for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms and Conditions.
V. YOUR ACCOUNT AND PLACING OF ORDER
All products and information displayed on the Website constitute an “invitation to order”. Your order for purchase constitutes your “order” which shall be subject to written acceptance of the same by Jay Storix and these Terms and Conditions. If you have supplied Jay Storix with your email address and mobile number, Jay Storix may notify you by email or SMS or any other manner as soon as possible to confirm receipt of your order and confirm details and thereafter process the order.
VI. ACCOUNT AND REGISTRATION OBLIGATIONS
“Your Information” is defined as any information you provide to Jay Storix in the registration, buying process, in the feedback area or through any e-mail feature. Jay Storix will protect your Information in accordance with our Privacy Policy. If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Jay Storix shall not be liable to any person or entity for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password, you are required to immediately change your login credentials to ensure your account is not misused. Jay Storix may suspend and/or block your account without any liability to Jay Storix. Jay Storix shall not be responsible or liable for any misuse of your account or Your Information.
You also agree to provide true, accurate, current/updated and complete information about yourself as requested by Jay Storix in its registration form. If Jay Storix has reasonable grounds to suspect that such information is untrue, inaccurate, not current, Jay Storix has the right to indefinitely suspend or terminate your registration and refuse to provide you with access to the Website. FEES AND SERVICES
Registration on the Website is free. Jay Storix does not charge any fee for browsing on the Website. Jay Storix may at its sole discretion introduce new Products and services and modify some or all of the existing Products and services offered on the Website. In such an event, Jay Storix reserves the right to introduce fees for the new Products and services offered or amend/introduce fees for existing Products and services, as the case may be. Changes to the fee policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
VII. OUR PRODUCTS
All Products and services offered by Jay Storix are described and pictured as completely and precisely as possible and in good faith. Despite all our precautions Jay Storix cannot be held liable for possible errors and you acknowledge that the Product delivered to you may vary from the Product displayed and pictured on the Website. The Products available on the Website are for your personal and/or professional use only. The Products which you may receive from Jay Storix, shall not be sold or resold for any/commercial reasons. In case any Products purchased or received is not fitting the space available with you, please note that Jay Storix is in no manner responsible for such fitting errors as supply by Jay Storix will be as per the measurements selected or provided by You. You should carefully read the individual terms and conditions in relation to the Products and assemble, install and use it at your own risk.
VIII. PRICING INFORMATION
While Jay Storix strives to provide accurate Product and pricing information, pricing or typographical errors may occur or pricing may change basis your customization requirements, if any. Jay Storix cannot confirm the price of a Product until the order is confirmed. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, Jay Storix shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product, unless the Product has already been dispatched. In the event that an item is mis-priced, Jay Storix may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the Product ordered by you has been dispatched, your offer will not be deemed accepted and Jay Storix will have the right to modify the price of the Product and contact you for further instructions using the contact information provided by you during the time of registration, or cancel the order and notify you of such cancellation. If Jay Storix has to cancel the order after Jay Storix has processed the payment, the said amount will be reversed back to you.
IX. PAYMENT PROCESS
Payments for the Products available on the Website may be made through the various payment modes available on the Website.
X. FRAUDULENT OR DECLINED TRANSACTIONS
Jay Storix reserves the right to recover all costs incurred or suffered by Jay Storix on account of fraudulent use of the Website including without limitation the cost of Products, collection charges, cancellation charges, delivery charges and lawyers’ fees. Jay Storix reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms and Conditions.
XI. TRANSPORT AND DELIVERY
Delivery Location: Jay Storix is committed to delivery across India, however, some areas may not be serviceable and Jay Storix endeavors to notify of such unavailability at the time of placing of order. Delivery of your order: Jay Storix is committed to deliver your order with good quality packaging within a given time frame. We ship Jay Storix Products throughout the week, except Sundays and public or any other holidays. We do not take responsibility for the Products shipped by the third party vendors. To ensure that your order reaches you in good condition, in the shortest span of time, we ship through reputed transport or delivery agencies only. The Products purchased are delivered via transport agencies to the delivery address that you indicate on the order.
Dispatch and Transport: Subject to availability of the Products, the orders are dispatched within 10 (ten) working days or as per the delivery date specified to you at the time of placing the order. The exact date of delivery will be communicated to you in the order confirmation message. Though most orders are delivered within 10 to 15 working days, there may be delay due to unforeseen circumstances and Jay Storix does not give any guarantee with respect to the timelines for the delivery of the Products. Delivery of all orders will be duly done to the address as mentioned by you at the time of placing the order. You must always sign for receipt of orders.
Loss or damage during transport: You are responsible for checking the Products on receipt. If you think, you have received the Product in a bad condition or if the packaging is tampered with or damaged before delivery, please refuse to accept the package and return the package to the delivery person. Also, you may call our customer care at +91 9112288466 from 10am to 6pm or email us at support@jaystorix.online mentioning your Order ID and giving the details of the damaged or tampered Product, including photographs of the Product or the packaging. Once we verify the information regarding the Product, a replacement is issued to you at no additional cost. Please make sure that the original product tag and packing is intact when you send us the Product back.
Delivery address: You are responsible for providing a full and correct delivery address. You shall be solely responsible in case you provide incorrect delivery details and may incur extra costs. In the event of errors in the address details of the addressee, Jay Storix cannot under any circumstances be held liable for inability to deliver the Products ordered.
Delivery Fees: Delivery fees will be at your charge and will be added separately to your invoice. Taxes: Our prices are not inclusive.
XII. RETURN AND REFUND POLICY
If you have made the payment for your order and if your order is still under process, Jay Storix may, at its discretion, initiate a full or partial refund in accordance with its cancellation policy. However, if the order is already in transit, Jay Storix may cancel the remaining delivery or reserve the right to refuse services to you upon completion of delivery.
No returns are allowed on any Product delivered to you, except on the following grounds:
If the Product received is damaged, defective, wrongly delivered or broken.
non-conformance with order placed by you on the Product specification.
If you wish to return the Product on the aforesaid grounds, you shall raise a return request of the Product within 3 (three) days of its delivery, failing which the Product will be deemed to have been accepted by you and such Product will not be subject to any return. Please note that return for a Product will be processed subject to satisfactory verification and inspection of the Product by Jay Storix basis the images of the Product shared by you in your return request. The decision of Jay Storix on return of the Product will be final and binding.
In order to claim a return, kindly follow the following steps:
- Step 1: Contact our Customer Support team via email to support@jaystorix.online within 3 (three) days of delivery of the order or raise a return request through the Website.
- Step 2: Provide us with your order ID details and your request to return your order. Kindly email valid and clear images of the Product, which shall be satisfactory to Jay Storix and the invoice for our reference.
- Step 3: We will endeavor to pick up the Products within 7 (seven) working days, as per the delivery schedule and timelines provided by the delivery agent. We will initiate the return and replacement process only if the Products are received by us in their original packaging with their seals, labels and barcodes/ QR codes intact.
- Note: If it is a case of replacement, it is subject to the availability of stock. In cases when a replacement may not be available, Jay Storix will refund you the full amount subject to deduction of the delivery cost and/or any incidental costs.
- The decision of Jay Storix in case of return or replacement shall be final and binding on you.
- Refunds (if any) will be processed within 7 (seven) working days after the order is returned or canceled.
- Transport costs for returns and replacements will be borne by you, unless the issue is solely attributable to Jay Storix’s error, in such case Jay Storix will cover all costs.
You may note that return shall not be accepted by Jay Storix in following scenarios:
- Product is damaged due to misuse/overuse;
- Returned without original packaging including, price tags, labels, original packing, and other
accessories or if original packaging is damaged; - Serial Number is tampered;
- Product is used or altered;
- If the request is initiated after 3 (three) days of order delivery.
XIII. CANCELLATION OF ORDER BY JAY STORIX
Please note that there may be certain orders that Jay Storix may not be able to accept and may thus cancel. Jay Storix reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or problems identified by Jay Storix. Jay Storix may also require additional verifications or information before accepting any order. Jay Storix will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after you have remitted the funds, the said amount will be remitted back to you.
XIV. CANCELLATION OF ORDER BY THE CUSTOMER
- Free Cancellation: Orders can be cancelled free of charge within 24 (twenty-four) hours of placement of the order.
- Post-Confirmation Cancellation: Once the order confirmation is sent by Jay Storix, cancellations will incur a fee of 20% (twenty percent) of the order’s value.
- Pre-Shipment Cancellation: If a cancellation request is made by you before the order is shipped, 90% (ninety percent) of the order value will be charged.
- Post-Shipment Cancellation: Cancellations are not permitted after the order has been shipped.
- Delayed Delivery: If the delivery is delayed beyond 20 days from the promised date (excluding delays caused by you), Jay Storix may, at its discretion, either:
- (i) Allow order cancellation, or
- (ii)Offer a discount on the original price charged for the same product.
XV. WARRANTY
The Products shall come with the warranty period as specified on the Website and will be subject to the terms of the warranty attached thereto. Any such warranty shall be subject to the disclaimers and limitation of liability provided hereunder these terms and conditions.
XVI. YOU AGREE AND UNDERTAKE THAT
- In the event of non-delivery of the Products with respect to any order accepted by Jay Storix occurs due to reasons attributable to you (i.e. wrong name or address or any other wrong information), any extra cost incurred by Jay Storix for re-delivery or cancellation shall be borne and paid by you to Jay Storix.
- You will use the Products provided by Jay Storix for lawful purposes only.
- You will provide authentic and true information in all instances where such information is requested from you. Jay Storix reserves the right to confirm and validate the information and other details provided by you at any point of time.
- You are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
- 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.
XVII. YOU SHALL NOT USE THE WEBSITE FOR ANY OF THE FOLLOWING PURPOSES
- Gaining unauthorized access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Website.
- Breaching any applicable laws.
- Interfering or disrupting networks or websites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
XVIII. USER SUBMISSIONS
Certain areas of the Website may permit you to submit feedback, information, data, text, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to Jay Storix an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Jay Storix deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Jay Storix reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Jay Storix may also disclose your name in its clients’ list/credentials for reference purposes. Jay Storix may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Jay Storix is not required to host, display, or distribute any User Submissions on or through the Website and may remove at any time or refuse any User Submissions for any reason. Jay Storix is not responsible for any loss, theft, or damage of any kind to any User Submissions. Jay Storix does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Jay Storix will be free to disclose your User Submission to any third party without any obligation of confidence on the part of the recipient. Jay Storix does not guarantee that you will have any recourse through Jay Storix or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
- You own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Jay Storix the rights in your User Submissions described herein
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions.
- Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party.
- You voluntarily agree to waive all “moral rights” that you may have in your User Submission.
- Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading.
- Your User Submission does not violate any Law.
- Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing, vulgar, pornographic, obscene, or invasive of another’s privacy.
- You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission.
- Your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own).
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentiallydamaging programs or files.
- Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- Your User Submission does not contain or constitute any unsolicited or unauthorized advertising. Pomotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
XIX. COPYRIGHT AND TRADEMARK
Jay Storix expressly reserves all intellectual property rights in all the Materials, text, photographs, images, illustrations, designs, icons, programs, video clips, products, processes, technology, content and any other materials, which appear on this Website. Access to this Website does not confer and shall not be considered
as conferring upon anyone any license under any of Jay Storix or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to Jay Storix. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Jay Storix. You may not modify, distribute or re-post anything on this Website for any purpose. The contents and software on this Website may be used only as a shopping resource.
The compilation (meaning the collection, arrangement, and assembly) of all contents on this Website is the exclusive property of Jay Storix and is also protected by Indian and International copyright laws.
Jay Storix’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Jay Storix online store. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
XX. PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT
The Website is an online marketplace and an intermediary as defined by applicable laws and facilitates online sale, by third party merchants and vendors who list their products on the Website. Jay Storix is also an intermediary and other than the Jay Storix Products, it does not control the Products sold on the Website, however its at discretion in accordance to the applicable laws to remove content and products from the website if Jay Storix determines in its sole discretion that such products/content are in violation of Jay Storix policies or any applicable laws.
Jay Storix respects the intellectual property rights of others. Accordingly, Jay Storix has a policy of removing Products or User Submissions that violate copyright law, suspending access to the Website (or any portion thereof) to any user who uses the Website in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Website in violation of copyright law. If you believe your copyright or other intellectual property right is being infringed by a user of the Website, please provide written notice to Jay Storix at support@jaystorix.online for notice of claims of infringement.
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Jay Storix to locate that material; (d) contain adequate information by which Jay Storix can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to Jay Storix designated agent, as they will be deleted upon receipt.
XXI. DISCLAIMERS AND LIMITATION OF LIABILITY
The following disclaimers are the key to determining any relationship between You and Jay Storix for Your use of the Website and for Jay Storix to provide any services on the Website:
Jay Storix and its suppliers, affiliates and service providers provide the Website and services on “as is” basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
Jay Storix, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, or information/declarations provided by the Merchants for their products pursuant to compliance under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
You understand, agree and acknowledge that Jay Storix uses third party service providers to store and process Your personal information and other information which You provide to Jay Storix (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and / or such country or state may not have any data protection or data privacy laws or such country’s or state’s data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over Jay Storix. You agree and understand that Jay Storix provides no guarantee, warranty or assurance that such third party service providers will protect Your personal information and Jay Storix shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Jay Storix.
The Website and the Products are provided “AS IS” and “WITH ALL FAULTS” without any warranties or guarantees. You must bear the risks associated with the use of the Website and the Products. The Website provides, solely as a convenience to you, content from other Internet sites or resources and while Jay Storix tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Jay Storix will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
You understand and agree that any Material or data downloaded or otherwise obtained through the website is done entirely at your own discretion and risk and you shall be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. Jay Storix shall not be liable for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
Jay Storix shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services, its Products and / or this Terms and Conditions.
Limitation of Liability: Notwithstanding anything contained in these Terms and Conditions, the total, aggregate and cumulative liability of Jay Storix to you for all liabilities arising out of this Terms and Conditions or in terms of tort or contract or otherwise, howsoever arising is limited to the value of the Product ordered by you. Jay Storix neither recommends You to buy any goods or services on the Website nor endorses any such goods or services nor provides any guarantee, warranty or assurance with respect to any goods or services made available on the Website by third party vendors.
Save as otherwise provided in the clause titled “Limitation of Liability”, Your sole and exclusive remedy and Jay Storix’s sole and exclusive responsibility and liability is to provide You necessary information (subject to the Privacy Policy and applicable laws) for You to deal with other sellers on the Website with respect to any dispute.
Jay Storix makes no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Jay Storix assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
Force Majeure – In the event Jay Storix is prevented in whole or in material part from performing its obligations under this Terms and Conditions solely as a result of force majeure, upon the prompt giving of notice to you detailing such force majeure event and its anticipated duration, the obligations of Jay Storix so prevented shall be excused during such period of delay, and such party shall take whatever reasonable steps are necessary to relieve the effect of such cause as rapidly as possible.
XXII. WEBSITE SECURITY
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil and/or criminal liability. Jay Storix will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
XXIII. ELECTRONIC COMMUNICATIONS
When you visit the Website, or send emails to Jay Storix, you are communicating with Jay Storix electronically. You consent to receive communications from Jay Storix electronically. Jay Storix will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
XXIV. MODIFICATION OF USER AGREEMENT
Jay Storix may at any time modify these Terms and Conditions without any prior notification to you. Subsequent to any modification of these Terms and Conditions, Jay Storix may inform you of the modifications in these Terms and Conditions via email at the address provided by you while registering on the website or by placing the updated Terms and Conditions on the Website. You can access the latest version of these Terms and Conditions at any given time on the Website. You should regularly review these Terms and Conditions on Jay Storix. In the event the modified Terms and Conditions is not acceptable to you, you should discontinue using the Website. However, if you continue to use the Website, you shall be deemed to have agreed to accept and abide by the modified Terms and Conditions.
XXV. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be construed in accordance with the applicable laws of India. The Courts at Mumbai, Maharashtra shall have exclusive jurisdiction in any proceedings arising out of the use of Website, these Terms and Conditions.
XXVI. INDEMNITY
You agree to defend, indemnify and hold harmless Jay Storix, its employees, executives, directors, officers, agents, third party sellers and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Jay Storix or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms and Conditions or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, fraudulent transactions or other rights. This clause shall survive the expiry or termination of these Terms and Conditions.
XXVII. TERMINATION
Jay Storix may terminate your registration on the Website or limit or suspend your usage of the Website at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Jay Storix. Any such cancellation or suspension shall not cancel your obligation to pay for the Product already ordered from the Website or affect any liability that may have arisen under the Terms and Conditions.
XXVIII. ENTIRE AGREEMENT
Except where additional terms and conditions are provided which are Product specific, these Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Jay Storix you agree to be bound by the Terms and Conditions.
XXIX. SEVERABILITY
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
XXX. CONTACT DETAILS
You may contact us at:
Call: +91 9112288466
Email: support@jaystorix.online