This document is an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.JAYCEE.in website.


User Agreement

Your use of www.JAYCEE.in and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as "the Website" which expression shall include and successor or replacement website) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon your each visit or usage of the Website or upon your registration or upon you providing any information on the Website. In this User Agreement, you are contracting with JAYCEE Resources Private Limited, a company incorporated under Companies Act, 1956 with registered office at 709, Hubtown Solaris, NS Phadke Road, Andheri (East), Mumbai 400 069, India, hereinafter referred to as "the Organization" which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.

For the purpose of the User Agreement, Registered User / Visitor and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User using the computer systems of the Website or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User. The term and expression You shall unless the context otherwise require shall and include your legal heir, receivers, successors, liquidators and permitted assigns.

As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and /or on the 'continue button' and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "check box" and on the "continue" button or any other button and do not seek to obtain access to or otherwise use the Website.

Amendments to the User Agreement: The Organization may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time Organization posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.

Important Disclaimers: The following disclaimers by the Organization are the key to determine any relationship between You and the Organization for Your use of the Website and for Organization providing any services on the Website:

Organization 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.

Organization, 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, 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.

The Website is only a venue where users may meet and interact with one another for their transactions. Organization is not and cannot be a party to or control in any manner any transaction between two users of the Website. Organization neither recommends You to buy or sell 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. Further, Organization does not guarantee, warranty or provide any assurance on the behaviour of any user of the Website including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner. Save as otherwise provided in the clause titled "Limitation of Liability", Your sole and exclusive remedy and Organization's sole and exclusive responsibility and liability is to provide You necessary information (subject to Privacy Policy and applicable laws) for You to deal with other users of the Website with respect to any dispute.

The Organization provides certain independent services to facilitate the transactions between users of the Websites and such independent services may include product cataloguing, listing management, warehousing services, logistics services, and making available courier services, payment facilitation through nodal bank under applicable laws. You understand, agree and acknowledge that the Organization will engage independent third party service providers to perform these services. The Organization may on reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Organization will not be held liable or responsible towards You or towards any person claiming under or through You 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 Organization and in such an event the total aggregate liability of the Organization shall be limited to the extent provided in the clause titled "Limitation of Liability".

You understand, agree and acknowledge that Organization uses third party services providers to store and process Your personal information and other information which You provide to the Organization (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 the Organization. You agree and understand that Organization provides no guarantee, warranty or assurance that such third party service providers will protect Your personal information and Organization 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 Organization.

You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.


Communications

When You use the Website or send emails or other data, information or communication to the Organization, You agree and understand that You are communicating with the Website and Organization and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Organization and all other Registered Users and Visitors and as and when posted, communicated or required.

You will be required to provide a valid telephone number while placing an order with us. We may communicate with you by e-mail, SMS (text message), phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS (text messages), e-mail or phone calls from us with respect to your order.

Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your 'designated electronic address' and the Organization, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Organization as provided from time to time in various hyperlinks on the Website.


Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable law for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable law for this purpose 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 member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Organization reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Organization's notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.


Your Account And Registration Obligations

If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Organization has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Organization has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.


Fees And Services

Membership on the Website is free. Organization does not charge any fee for browsing, bidding and buying on the Website. Organization reserves the right to change its Organization Fee and/or Organization Fee Policy from time to time. Changes to the Organization Fee and Organization Fee 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 and be payable to the Organization within such time as specified in the invoice.

Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

Non-payment: Organization reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of Organization Fees as applicable from time to time. Organization also reserves the right to take legal action in case of non-payment of Organization Fees.


Use of the Website
  1. You understand and agree that Organization and the Website merely provide services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by or on behalf of Registered Users and are third party contents. The Website also contains various third party user generated content and material. The Organization neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Organization has no control over the third party user generated contents.

  2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
    You are solely responsible for Your Information, and the Organization and the Website act only as a passive conduit for your online distribution and publication of Your Information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
    • belongs to another person and to which You do not have any right to
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986
    • harm minors in any way
    • infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items
    • violates any law for the time being in force
    • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • impersonate another person
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information
    • 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 cognisable offence or prevents investigation of any offence or is insulting any other nation
    • shall not be false, inaccurate or misleading
    • shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
    • shall not create liability for Organization or cause Organization to lose or disrupt (in whole or in part) the services of our service providers or other suppliers
    • shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, User Agreement and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Organization against You either in this User Agreement or any policy contained herein, in any applicable law or under torts.

  3. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and International laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any buyer at any place outside India. Organization for Communication: The Website is only a venue where users may meet and interact with one another for their transactions. Organization is not and cannot be a party to or control in any manner any transaction between two users of the Website.

    All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Organization does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Without prejudice to the foregoing, the Organization may provide certain transaction support services to seller and buyers of the website as provided in various rules and policies on the Website.

    Organization is not responsible for any non-performance or breach of any contract entered into between users. Organization cannot and does not guarantee, warrant, assure or ensure that the users will perform, undertake, consume or conclude any transaction concluded on the Website. Organization shall not and is not required to mediate or resolve any dispute or disagreement between users.

    Organization does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Organization does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Organization accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

    Organization does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the Website and use your best judgment in that behalf.

    Organization is only providing a Organization or venue for communication and 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 the buyer. At no time shall any right, title or interest over the items vest with Organization nor shall Organization have any obligations or liabilities in respect of such contract, except for certain transaction support services as provided in various rules and policies on the Website.

    Organization is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.

    You release and indemnify Organization and/or any of its shareholders, directors, officers, personnel and representatives from any cost, damage, liability or other consequence of any of the actions of Your on the Website and specifically waive any claims that you may have in this behalf under any applicable law.

    Organization cannot control the information provided by other users which is made available on the Website. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Privacy

The Organization collects, stores, processes and use Your information in accordance with Organization Privacy Policy. By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Organization in accordance with Organization Privacy Policy.


Payment Facility

Organization may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between users i.e. buyers and sellers and for collection of Organization Fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.


Breach

Without limiting other rights and remedies, Organization may limit your activity, immediately remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

  • If you breach the User Agreement or any terms or policies of the Website
  • If your actions may cause legal liability for you, other users or Organization.

Organization may at any time at its sole discretion reinstate suspended users. Organization reserves the right to recover any amounts due and owing by you to Organization and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.


Selling

You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users in any manner.


No Warranty And Disclaimers

Organization 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.

Organization, 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, 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.


Limitation Of Liability

In no event shall Organization or its affiliates and service providers be liable for any indirect, incidental, special, incidental, consequential, punitive 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 or this agreement (however arising, including negligence or under torts or under public policy).

In addition to any limitation of liability and various disclaimers provided elsewhere in this User Agreement, Organization's entire liability and Your sole and exclusive remedy in any circumstance is limited to the following:

If You are a seller on the Organization: an amount of Organization Fees, if any, paid by You as seller on the Website to Organization for the transaction under dispute.

If You are a buyer: the Organization's entire liability and your sole and exclusive remedy in any circumstance is limited to exercise its reasonable efforts to enable to You get the refund of the product price from the seller on the Website.

Other than the aforesaid, Organization shall have no liability to You.

Indemnity: You shall fully indemnify, keep indemnified, defend and hold harmless Organization and Organization's shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.

General: None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Organization and You shall have no authority to bind Organization in any manner whatsoever nor shall Organization have any authority to bind you in any manner whatsoever. All the services provided by the Organization shall be as independent contractor and on principal to principal basis.

If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

This Agreement sets forth the entire understanding and agreement between You and Organization with respect to the subject matter hereof.

In Organization's sole discretion, Organization may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent.

However, Organization on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.


Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the Grievance Officer for the purpose of Your personal sensitive information as governed by the Organization Privacy Policy can be reached at hello@jaycee.in


Governing Law

This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Organization shall be governed and construed in accordance with the laws of India.


Arbitration

If any dispute arises between You and Organization during Your use of the Website or Your dealing with the Organization in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Organization. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Mumbai. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.


Disclaimers

These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in Mumbai (India) only.