TERMS OF SERVICE
OVERVIEW
This website is operated by “JOHNNETTE TECHNOLOGIES PRIVATE LIMITED”. Throughout
the site, the terms “we”, “us” and “our” refer to JOHNNETTE TECHNOLOGIES PRIVATE
LIMITED. JOHNNETTE TECHNOLOGIES PRIVATE LIMITED offers this website, including all
information, tools and services available from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.
By visiting our site
and/ or purchasing something from us, you engage in our “Service” and agree
to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those
additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these
Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms of Service. If you
do not agree to all the terms and conditions of this agreement, then you may not access the
website or use any services. If these Terms of Service are considered an offer, acceptance is
expressly limited to these Terms of Service.
Any new features or tools which are added to
the current store shall also be subject to the Terms
of Service. You can review the most current version of the Terms of Service at any time on this
page. We reserve the right to update, change or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website following the posting of
any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are above 18 years of age and
you have given us your consent to the terms of this website.
You will not use our products
for any illegal or unauthorised purpose nor will you, in the use of
the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A
breach or violation of any of the Terms will result in an immediate termination of your
Service(s).
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand
that your content (not including debit/credit card information, passwords, or any
other confidential information), may be transferred unencrypted and involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. Confidential Information is always encrypted during transfer
over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion
of the Service, use
of the Service, or access to the Service or any contact on the website through which the service
is provided, without expressing written permission by us.
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The material on this site is provided for general information only and should not be relied upon or
used as the sole basis for making decisions without consulting primary, more accurate, more
complete or more timely sources of information. Any reliance on the material on this site is at
your own risk.
This site may contain certain historical information. Historical information, necessarily,
is not
current and is provided for your reference only. We reserve the right to modify the contents of this
site at any time, but we have no obligation to update any information on our site. You agree that it
is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICE
Price(s) of our product(s) is subject to change without any notice.
We reserve the right at any
time to modify or discontinue the Service (or any part or content
thereof) without any notice at any time.
We shall not be liable to you or to any third-party for
any modification, price change, suspension
or discontinuance of the Service.
SECTION 6 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best
practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or
destroyed.
If you provide us with your credit card information, the information is encrypted
using secure socket
layer technology (SSL) and stored with an AES-256 encryption. Although no method of
transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS
requirements and implement additional generally accepted industry standards.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These
products or services may have limited quantities and are subject to return or exchange only
according to our Return Policy.
We have made every effort to display as accurately as
possible the colours and images of our
products that appear at the store.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change any time without notice, at the
sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for
any product or service made on this site is void where the usage is prohibited by law of the land.
We do not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household or per order. These restrictions may
include orders placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event that we make a change to
or cancel an order, we will notify you by contacting via the e-mail and/or billing address/phone
number provided at the time the order was made. We reserve the right to limit or prohibit orders
that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You
agree to provide current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and other information,
including your email address and credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
For more detail, please review our Return
Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any
control nor input.
You acknowledge and agree that we provide access to such tools ”as is”
and “as available”
without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party
tools.
Any use by you of optional tools offered through the site is entirely at your own
risk and discretion
and you should ensure that you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).
We may also, in the future, offer new
services and/or features through the website (including, the
release of new tools and resources). Such new features and/or services shall also be subject to
these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain contents, products and services available via our Service may include materials from
third-parties.
Third-party links on this site may direct you to third-party websites that
are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any third-party materials or websites,
or
for any other materials, products, or services of third-parties.
We are not liable for any
harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party only.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a
request from us you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by post, or otherwise (collectively, ‘comments’), you agree that we may,
at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in
any
medium any comments that you forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments.
We may, but have no obligation to, monitor, edit or remove content
that we determine in our sole
discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree that your
comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that your
comments will not contain libellous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect the operation of the
Service or any related website. You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and its accuracy. We take no
responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions,
offers, product shipping charges, transit times and availability. We reserve the right to correct
any
errors, inaccuracies or omissions, and to change or update information or cancel orders if any
information in the Service or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend
or clarify information in the Service or on any
related website, including without limitation, pricing information, except as required by law. No
specified update or refresh date applied in the Service or on any related website, should be taken
to indicate that all information in the Service or on any related website has been modified or
updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted,
timely, secure or error-free.
You agree that from time to time we may remove the service for
indefinite periods of time or
cancel the service at any time, without notice to you.
You expressly agree that your use of,
or inability to use, the service is at your sole risk. The
service and all products and services delivered to you through the service are (except as
expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any
representation, warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no case shall JOHNNETTE TECHNOLOGIES
PRIVATE LIMITED, its directors, officers,
employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be
liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of any of the service
or
any products procured using the service, or for any other claim related in any way to your use of
the service or any product, including, but not limited to, any errors or omissions in any content,
or
any loss or damage of any kind incurred as a result of the use of the service or any content (or
product) posted, transmitted, or otherwise made available via the service, even if advised of their
possibility. As some states or jurisdictions do not allow the exclusion or the limitation of
liability for
consequential or incidental damages, in such states or jurisdictions, our liability shall be limited
to
the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold JOHNNETTE TECHNOLOGIES PRIVATE LIMITED and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive
the
termination of this agreement for all purposes.
These Terms of Service are effective unless
and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect
that you have failed, to comply with any term or
provision of these Terms of Service, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any policies or
operating rules posted by us on this site or in respect
to The Service constitutes the entire agreement and understanding between you and us and
govern your use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the
interpretation of these Terms of Service shall not be construed against the
drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws and regulations framed by the Government of India and any Statutory Body in India responsible for such acts.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these
Terms
of Service by posting updates and changes to our website. It is your responsibility to check our
website periodically for changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes acceptance of those
changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at av@johnnette.com.