3. Privacy Policy and Other Policies:
- By accessing the Website or sharing information on the Website, you permit Janyas Closet to use your information including personal or sensitive personal data/information (“Information”) as provided or may be provided to Janyas Closet and stored by the Website in electronic medium in connection with your visiting the Website or ordering products made available on the Website, etc. It is further clarified that the term “Information” shall also include any information made available to us by you at the time of registration, buying or listing process through any email feature or a written letter or form mailed or submitted to any of our Stores and/or Offices. We will protect your Information in accordance with our Privacy Policy.
- By accessing the Website or purchasing products from the Website through any computer resource including but not limited to mobile or tablet devices, you agree that you have read and understood the Privacy Policy. You further consent that the terms and contents of such Privacy Policy are entirely acceptable to you.
- In addition to the Terms and ‘Privacy Policy’, you shall also be legally bound by ‘Purchase Order Policy’, ‘Shipping and Delivery’, ‘Return and Exchanges’, ‘Payment Options’ or such other policies as may be introduced by Janyas Closet from time to time.
- Janyas Closet reserves the right to modify or update these Terms including any policy at any time without prior notice. Access to Website after any modification or revision of these Terms or any policy/policies shall also constitute your acceptance to be bound by such modified Terms or any policy/policies. If required by any Indian laws, the modified or revised Terms or any policy/policies shall be applicable to any products purchased prior to such modification or revision becoming effective.
- You acknowledge that these Terms, policy/policies including any modification(s) thereof constitute a valid contract between you and Janyas Closet, even though it is in electronic form and is not physically signed by you and Janyas Closet. Thus, you acknowledge and agree that by mere use of the Website, you shall be contracting with Janyas Closet and these Terms and various policies shall be automatically binding upon you.
- If Indian courts, for any reason, hold any of the condition of the Terms or policy/policies or any part thereof as invalid, void or unenforceable, to any extent or in any particular context, only such condition of the Terms or policy/policies or any part thereof shall be deemed to be severed/deleted only for such limited extent/context as determined by the Indian courts provided, however, that in such an event, these Terms or any policy shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by Indian laws, to the meaning and intention of the excluded condition of the Terms or policy/policies as determined by such Indian court and the validity and force of the remainder of this Agreement shall not be affected.
- Unless context otherwise require, all policies, whether in force presently or introduced subsequently, shall be deemed to be part of these Terms. In case of any conflict between Terms and any policy, the provisions of such policy shall prevail.
4. Limited Usage of Website:
- All intellectual property rights in the Website and the proprietary rights of the Website are owned by and/or licensed to Janyas Closet. It is further clarified that the Website including Information, all other contents on the Website such as software, images, audio, videos, photographs, graphics, text, description, logos, text, program, software, database, trademarks, icons, etc., are either owned by Janyas Closet or is licensed to Janyas Closet. You shall not use any intellectual property of Janyas Closet or Janyas Closet’s licensor in any manner without prior written permission from Janyas Closet or from the respective licensor.
- Janyas Closet grants you a limited, revocable and non-exclusive licence to access and make personal and non-commercial use of this Website, but not to download (other than page caching) or modify it, or any portion of it. It is clarified that the limited licence to access Website shall exclude:
- any commercial use or derivative use of this Website or its contents by you; or
- any extraction, reproduction, duplication, downloading or copying of any whole or part of the contents of Website including product(s) their descriptions and/or prices for any purpose by you; or
- any extraction, reproduction, duplication, downloading or copying in any manner, any Information, either in whole or in part, including account details of Janyas Closet’s employees/ customers/suppliers/designers/models for sale, resale or for the benefit of third parties by you; or
- any reverse engineering, distribution, transfer, transmission, publication, sale, resale, display or licensing any Information available on the Website by you.
- It is further clarified that any extraction, reproduction, duplication, downloading, or copying of any content of the Website for commercial or non-commercial purposes or unwarranted modification of Information or content of the Website is not permitted.
- Janyas Closet reserves itself right to temporarily or indefinitely suspend or terminate your Membership and refuse to provide you with access to the Website without any liability if you make any unauthorised use of the Website or breach these Terms or any policy or violate any applicable Indian laws while accessing Website or purchasing products from Janyas Closet.
6. Changes to Website Contents:
- Janyas Closet, its consultants, contracted parties, technology partners make no representations or warranties about the accuracy, reliability, suitability, timeliness, upgradation and/or wholeness, of any content, graphics, images, information, software, text, audio, video, links or communications provided on or through the use of the Website or that the operation of the Website will be error free. While Janyas Closet uses reasonable efforts to keep the Website accessible and error free, Janyas Closet cannot guarantee the same.
- Changes are periodically made to the Website, product(s) and to the price/information/contents of the Website. Janyas Closet and/or its respective suppliers may make improvements and/or changes in the Website, product(s) at any time without any prior intimation or any liability to anyone.
7. User Account, Password, Security and Communication:
- Please ensure that the details provided to us during registration process for your user account or while placing an order as a guest are correct and complete.
- Registered users are requested to update any account information to enable us to serve you better.
- If you are registering as a business entity (i.e., limited company, partnership, limited liability partnership, trust, society, association of persons, etc.), you represent that you have the authority to bind such entity, which you are representing with these Terms.
- You will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Website to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity.
- You are solely responsible for maintaining the confidentiality of the password and account details. You shall be fully responsible for all activities that occur through your account. Janyas Closet shall not be liable to any person for any loss or damage arising as a result of your failure to maintain confidentiality of your account details, password and even comply with these Terms.
- You will ensure to exit/sign off from your account at the end of each session.
- If you know or suspect that there has been an unauthorized use of your account or password, you shall immediately notify Janyas Closet.
- If Janyas Closet has a reason to believe that there was an unauthorized access of your account or misuse of the Website, we may, for security reasons, either (i) request you to change your password or (ii) we may suspend your account without any liability to Janyas Closet.
- You understand that Janyas Closet will never ask you to disclose or share your password. Please ignore any such email or correspondence requesting disclosure of your password.
- You also agree and confirm as under:
- While registering yourself or while placing an order as a guest, you shall provide accurate, correct, complete and up to date information about yourself as requested over the Website. Please note that sale of product(s) to be rendered to you will be dependent upon the Information provided by you. Thus, Janyas Closet will not be responsible if the information provided by you is inaccurate, false, incomplete or not up to date;
- Janyas Closet has the right to verify and confirm the Information provided by you at any time. If upon verification, it is found that the Information shared with Janyas Closet either as a registered user or a guest, is inaccurate, false, incomplete or not up to date in accordance with the Terms, Janyas Closet reserves the right to:
- Where you are a registered user:
- Temporarily or indefinitely suspend or terminate your Membership and refuse to provide you with access to the Website without any liability; and/or
- Reject your purchase order or stop delivery of the products, without any liability;
- Where you are a guest user:
- Reserves the right to reject your purchase order or refuse to deliver the products to the address provided by you without any liability;
8. Review, Comments, Feedback, etc.:
- Janyas Closet invites you to provide your feedbacks, suggestions, convey ideas and other submissions (collectively “Views”) on the Website or by letters or emails as long as the same is not violating any Indian laws and is in accordance with these Terms.
- For avoidance of doubt, Views on the content of the Website, products, etc. are individual opinions of the visitors based on their knowledge or experience. Thus, these Views are personal opinions of the author. Janyas Closet neither subscribes to them nor does Janyas Closet assume any responsibility or liability for the same.
- If you provide Views, which violate Indian laws or are contrary to these Terms, Janyas Closet, without any liability or prior intimation, reserves the right (but not an obligation) to remove, delete, edit or refuse to retain on Website any such View that in the sole judgment of Janyas Closet violates these Terms or any Indian laws. Janyas Closet may, if deemed fit, even suspend your access or deny you an access to the Website.
- If you post Views on the Website or send your Views by email/letter, you agree:
- All Views shall remain property of Janyas Closet and Janyas Closet shall have irrevocable, perpetual and worldwide intellectual property rights in the Views. Thus, Janyas Closet has exclusive, royalty-free and fully sub-licensable rights to commercially exploit the Views.
- Janyas Closet will be entitled to display, distribute, disclose, reproduce, modify, adapt, publish, translate, create derivative works from such Views throughout the world in any media for any purpose whatsoever, without any restriction and without any need to compensate you; and
- Janyas Closet and its associates, consultants, contracted parties have the unlimited right to use the name that you submit in connection with such Views, if deemed fit.
- You agree to waive your rights to be identified as the author of such Views;
- You represent and warrant that the Views submitted on the Website are your personal Views and do not violate any Indian laws or do not hurt any person or entity including that the Views are not defamatory.
- You agree to indemnify Janyas Closet and its associates, consultants, contracted parties, etc. for any claim against Janyas Closet or its associates due to posting of Views on the Website in breach of these (i) Terms or (ii) any of these representation or warranties or (iii) any applicable Indian laws.
12. Indemnity and Release:
- You shall, without any limitation, indemnify and hold harmless Janyas Closet, its subsidiaries, associates, consultants, contracted parties, etc., and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any policy/document incorporated by reference or your violation of any laws, rules, regulations or the rights of a third party.
- You hereby expressly release Janyas Closet and/or its associates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of Janyas Closet’s suppliers, fashion designers, vendors, courier companies or other parties and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
14. Governing Law and Jurisdiction:
- Terms and any policy shall be governed by and construed in accordance with the laws of Republic of India.
- Any dispute or difference either in interpretation or otherwise, of any conditions of the Terms hereto, the same shall be referred to the courts in Jaipur, which shall have exclusive jurisdiction.
15. Infringement of Intellectual Properties:
- The contents on the Website shall also contain information provided by Janyas Closet’s suppliers, fashion designers, vendors or other parties whose merchandise Janyas Closet invites you to purchase. Generally, Janyas Closet tries to verify the information coming from its suppliers, vendors, fashion designers, etc. before publishing it on the Website. However, on certain occasions, Janyas Closet may have to take such information on face value and publish it without any further verification. Thus, if any of the material is found to be incorrect, false, objectionable or is found to have violated any intellectual property rights, the responsibility of this would be with Janyas Closet’s suppliers, vendors, fashion designers, etc. who provide Janyas Closet with information as well as merchandise.
- Janyas Closet respects the intellectual property rights of others and expects its users to do the same. In particular, if you are an intellectual property owner and believe that any content on the Website infringes upon your intellectual property rights, you may submit a notification of the same to team@janyascloset.com or write to us at the address mentioned in the ‘Notice’ clause. with the following information in writing:
- A physical or digital signature of a person authorized to act on behalf of the owner of an intellectual property right that is allegedly infringed.
- A legibly scanned copy of the relevant registration certificate obtained from the relevant authority or evidence relating to the claim of your ownership in the intellectual property for which you (the complainant) seek to enforce against the allegedly infringing work(s).
- Identification of the intellectual property claimed to have been infringed, or, if multiple intellectual properties/works at a single online site is covered by a single notification, a representative list of such intellectual properties/work at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate the content quickly.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
- A statement that the complaining party has a good faith in belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and Attorneys’ fees, should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an Attorney at law.
16. Notices and Communication:
- Any notice to Janyas Closet under this Agreement may be delivered by prepaid post to following address to JANYAS Closet , House No.1/kha/19 , Jawahar Nagar , Jaipur- 302006 , Rajasthan . Email: team@janyascloset.com
- Janyas Closet shall send notices to you electronically to the email address provided by you or may send a physical notice either by recognized courier service or prepaid post to the address provided by you. For avoidance of doubt, it is clarified that sending of notice by Janyas Closet either by email or prepaid post/courier service shall be deemed to be valid and effective service of notice by Janyas Closet.
- Without prejudice to Clause 16(b) above, you will be required to provide a valid phone number while placing an order on us. Janyas Closet may communicate with you either by email, short message services (SMS), phone calls or by posting notices on the Website or by any other mode of communication to fulfil your Order. Thus, for contractual purposes, you consent to receive communications including SMS, email or phone calls from us with respect to your Order or any offers or promotions.
Damage/Defective/Wrong Supply of products
Customer is advised to check the ordered products and quantity in the invoice, before accepting the package from the logistics service provider/courier
In same In case of any discrepancy found, or damage to packet is noticed, please leave a suitable remark on receipt to logistics service provider/courier for accepting the delivery of the products.
In case the product is with a manufacturing defect or a wrong product has been received, kindly contact/email at “team@janyascloset.com” within 24 Hours of receiving the products. Your email should contain comprehensive details along with images of the defects/complaints of the product delivered to you.
Your purchase is eligible for return or exchange only if it meets the following conditions:
- An incorrect product has been delivered to you i.e. the product does not match the item in the order confirmation email.
- If the product you receive has a genuine quality/manufacturing defect.
If your purchase meets our return criteria stated above, please contact our care team within 24 hours of delivery with the following information:
- Order number
- Delivery address
- Specify the reason for return and in case of a defective or incorrect product, please send us an image of the item
Our Quality Check team will verify the manufacturing defects, after that our customer service team will email or contact you for the necessary action.
The product must be received within 10 days from the date of advice by Customer Service Department. Please ensure that the product you return is unused, unworn and the original tags are intact.
Incorrect / Incomplete Shipping address
We are unable to offer refunds if we’ve been given an incorrect or incomplete shipping address, or if there are three failed delivery attempts by our shipping agency and/or the package is refused by the recipient.
Colors
We have made every effort to display the colours of our products that appear on Janyascloset.com as accurately as possible. However, as computer monitors, tablets and mobile devices vary, we cannot guarantee that your monitor's display of a colour will be completely accurate.
