THE USE OF THE APPLICATION IS SUBJECT TO YOUR
AGREEING TO OUR TERMS & CONDITIONS AND PRIVACY POLICY.
Thank
you for installing the JSW Paints
Colourvista Touch mobile app (hereinafter referred to as the
"Application").
Please
read these Terms and Conditions ("T&Cs") carefully before you start to use
the Application.
By
accessing and using this Application, you indicate that you accept
(unconditionally and irrevocably) these terms and conditions (the
"Agreement").
IF
YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE REFRAIN FROM USING OUR
APPLICATION AND EXIT IMMEDIATELY.
The
Application is owned and operated by JSW Paints Pvt Ltd ("the company")
incorporated under the Companies Act, 2013, having its registered office at Jindal
Mansion, 5A, Dr. G. Deshmukh Marg, Mumbai - 4000026,
Maharashtra (hereinafter referred to as "JSW"). The terms "We", "Us" or "Our"
are used in these T&Cs and it shall refer to JSW or its subsidiaries, group
companies and/ or affiliates.
You
(the "User" of the Application) represent and warrant that you possess the
legal right and ability to enter into this Agreement and to use this
Application in accordance with all Terms and Conditions herein. You also
acknowledge and agree that, unless specifically provided otherwise, this
Agreement only applies to this Application and your online activities in
relation to this Application, and does not apply to any of our offline
activities.
1.
Modification
of Terms
1.1.
JSW
reserves the right to change, modify, amend these Terms and Conditions at any
time, at its sole discretion, without any advance notice. Further, supplemental
terms and conditions or documents may be added or posted on the Application
which are hereby expressly incorporated by reference. The changed or
supplemental terms and conditions shall become effective once posted on the
Application. JSW shall alert you by updating the "Last updated" date of these
T&Cs and you expressly waive the right to receive specific notice of each
such change or addition. Your continued use of this Application, after any
changed/ supplemental terms and conditions are posted, shall mean that you have
accepted the changed Terms and Conditions.
2.
Applicability
2.1.
The
information or services provided through this Application are not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject JSW to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Application from
other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
2.2.
The
Application is intended for users who are at least 18 years old. Persons under
such prescribed age are not permitted to use or register on this Application.
3.
User
Representations
3.1.
By using the Application,
you represent and warrant that:
3.1.1.
all registration
information you submit will be true, accurate, current, and complete;
3.1.2.
you will maintain the
accuracy of such information and promptly update such registration information
as necessary;
3.1.3.
you have the legal capacity
and you agree to comply with these T&Cs;
3.1.4.
you are not a minor in the
jurisdiction in which you reside;
3.1.5.
you will not access the
Application through automated or non-human means, whether through a bot, script
or otherwise;
3.1.6.
you will not use the
Application for any illegal or unauthorized purpose; and
3.1.7.
your use of the Application
will not violate any applicable law or regulation.
3.2.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or
future use of the Application (or any portion thereof).
4.
User Registration
4.1.
You may be
required to register/ sign up for the use of the Application. You agree to keep
your password, if any, confidential and will be responsible for all use of your
account and password. JSW reserves the right to remove, reclaim, or change a
username you select if we determine, that such username is inappropriate,
obscene, or otherwise objectionable. Any such determination by JSW will be
binding upon you.
5.
Disclaimer
of Warranties
5.1.
All
the services, facilities through the Applications are provided on an "as-is"
and "as-available" basis. Your access to and use of software and other
materials on, or through, this Application is solely at your own risk. We make
no warranty whatsoever about the reliability, adequacy, stability or virus free
nature of such Application or its features. To the maximum extent permitted by
applicable law, JSW disclaims all warranties relating to the information,
software, products and services contained in this Application. JSW
hereby disclaims all warranties and conditions with regards to this
information, software, products and services contained in this Application
including all implied warranties and conditions of merchantability, fitness for
a particular purpose, title and non-infringement. JSW further disclaims any
liability and indemnification obligations for any harm or damages caused by any
third-party including but not limited to hosting providers.
5.2.
Linked
third-party sites/ information: This Application may contain links and
pointers to internet sites maintained by third parties. JSW does not operate or
control in any respect any information, products or services on such third-
party linked sites. Third-party links and pointers are included solely for your
convenience, and do not constitute any endorsement by JSW.
JSW has taken all reasonable steps to ensure that
the information provided on this Application is accurate at the time you view
it. However, JSW does not make any such representation in relation to the
accuracy of any/ all information provided by other sources for example by the
providers of other information, or of other parties linked to or from the
Application.
You assume the sole risk for any reliance you place
on such third-party information that you might come across while using the
Application.
5.3.
No
Advice: Any suggestions, recommendations, commentary
and/or other materials posted on our Application are neither intended to nor do
amount to any advice on which reliance should be placed. JSW therefore
disclaims all liabilities and responsibility arising from any reliance placed
on such materials by any user/ visitor of the Application, or by anyone who may
be informed or may act upon any of its contents.
5.4.
Security
of data transmission: JSW will endeavour to ensure uninterrupted
availability of the Application and error-free transmissions. However, the
Application may be subject to limitations, delay and other problems such as
those inherent in the use of the internet and electronic communications.
JSW is not responsible for any delays,
delivery failures or damages resulting from such problems. Further, no data
transmission over the Internet can be guaranteed to be secure. JSW is not
responsible for any interception or interruption of any communications through
the internet or networks or systems outside its control. You are responsible
for maintaining the security of your networks, servers, applications, and
access codes.
5.5.
Repairs
and Maintenance: JSW reserves the right to withdraw or amend the
service provided through the Application without any notice. Further, your
access to the Application may occasionally be suspended or restricted to allow
for repairs, maintenance, updates or the introduction of new facilities or
services. JSW will attempt to limit the frequency and duration of any such
suspension or restriction. JSW shall not be liable if for any reason, the
Application is unavailable at any time or period.
6.
Limitation
of Liability
6.1
JSW
shall not be liable for any personal injury or property damage, of any nature
whatsoever, resulting from your access or use of the Application.
6.2
In
no event will we be liable for any direct, special, indirect, incidental,
consequential (including among other things loss of revenue or profits, loss of
data etc.), punitive, or exemplary damages of any kind or subject to equitable
or injunctive remedies (whether based on breach of contract, tort, negligence,
strict liability or otherwise) arising out of:
6.2.1
access
to or use of this Application, or delay or inability to use this Application,
or any information contained in this mobile Application; or,
6.2.2
availability
and utility of products and services
6.2.3
Such
limitation of liability shall be applicable to the maximum extent permitted
under the law. Any rights not expressly granted herein are reserved by JSW.
6.2.4
JSW
shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control.
7.
Indemnity
7.1
As
a condition of use of this Application, you agree to indemnify, defend and hold
JSW harmless, including its subsidiaries, affiliates and personnel from and
against any and all liabilities, claims, expenses (including attorney's fees
and expenses) and damages arising out of claims resulting from your use of this
Application, including without limitation:
7.1.1
Your
breach and/or misrepresentation of the user representations and warranties as
stated in this T&Cs;
7.1.2
Your
engagement in Prohibited Use of the Application;
7.1.3
Claims
by third parties arising out of your use of the Applications; and/or
7.1.4
Claims
alleging facts that if true would constitute a breach by you of these terms and
conditions.
7.2
Notwithstanding
the foregoing, JSW reserves the right, at your expense, to assume the exclusive
defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with
JSW's defense of such claims. JSW will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
8.
Limitations
On Use
8.1.
You
agree to use this Application solely to determine your need, preference and
availability of goods and services and make a legitimate reservations or transact
business with us. You agree to use the Application only for personal,
non-commercial use. You agree to use Application's services to make only
legitimate purchases. You agree to all the terms and conditions of use of the
Application or any purchase, including, but not limited to, full and timely
payment of all amounts due and compliance with all rules concerning
availability of products, or services. All fees, assessments, charges, taxes
and duties arising out of use of the Application are your sole responsibility.
8.2.
You
agree to not indulge in "Prohibited Use" of the Application. "Prohibited Use"
includes, without limitation, using the Application to:
8.2.1.
Defame, harass, stalk, threaten, abuse or otherwise
violate others' right as defined under any applicable laws.
8.2.2.
Harm or interfere with the operation of
others' mobiles and software in any respect, including, without limitation, by
uploading, downloading or transmitting corrupt files or mobile viruses.
8.2.3.
Violate applicable intellectual property, publicity
or privacy rights, including, without limitation, by uploading, downloading or
transmitting materials or software.
8.2.4.
Omit or misrepresent the origin of, or rights in,
any file you download or upload, including, without limitation, by omitting
proprietary language, author identifications, or notices of patent, copyright
or trademark.
8.2.5.
Transmit, post, or otherwise disclose trade secret,
or other confidential or protected proprietary material or information.
8.2.6.
Download or upload files that are unlawful to
distribute through the Application.
8.2.7.
Transmit any information or software obtained
through the Application, or copy, create, display, distribute, licence,
perform, publish, recreate, reproduce, sell or transfer works deriving from the
Application.
8.2.8.
Cause an excessively large load on the
infrastructure of the Application.
8.2.9.
Falsely use a password or personal identification
number during logging into the Application, or misrepresent one's identity or
authority to act on behalf of another or impersonate any other person.
8.2.10.
Violate these T&Cs in any other manner or any
unauthorized use of the Application.
9.
User
Generated Content
9.1.
You
understand and agree that JSW is not responsible or liable for any user
generated content, all user-generated content which you may decide to exchange,
submit, provide or upload, will not be reviewed in advance by JSW. You agree to
indemnify us from and hold us harmless against any and all claim from third
parties relating to the user generated content.
9.2.
JSW
reserves the right to take down any user generated content for any reason that
it may deem fit, including but not limited to the user generated content being
unlawful, derogatory of the applicable laws or in breach of these T&C and
any other applicable T&C. You understand and agree that JSW's decision in
relation to such user generated content shall be final and binding upon you.
9.3.
In
case of you becoming aware of any breach of these T&C by you or any third
party or any Prohibited Use, you shall be responsible to flag or inform JSW by
an e-mail to ccpaints@jsw.in
in accordance with our procedure to report abuse.
10.
Intellectual
Property Rights
10.1.
Unless
otherwise indicated, the Application is our proprietary property and all source
code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Application (collectively, the "Content") and
the trademarks, service marks, and logos contained therein (the "Marks") are
owned or controlled by JSW or licensed to JSW, and are protected by copyright
and trademark laws and various other intellectual property rights and
competition laws of India, foreign jurisdictions, and/or international
conventions, as the case may be. The Content and the Marks are provided on the
Application "AS IS" for your information and personal use only. Except as
expressly provided in these Terms, no part of the Application and no Content or
Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission.
10.2.
Provided that
you are eligible to use the Application, you are granted a limited
royalty-free, non-exclusive, non-transferable license to access and use the Site and to download
or print a copy of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, Content and the Marks.
10.3.
The
right, ownership and title in all the Content and Marks related to the
Application shall at all times vest with JSW and you shall not contest any such
right, ownership and title of JSW. You expressly hereby waive all such claims
and rights against JSW.
10.4.
Notwithstanding
the foregoing, we do not claim ownership of any third-party logo, code or
content placed on the Application and have no obligation of any kind with
respect to such third party content.
11.
Use
of Credit Card/ Debit Cards
11.1.
We
accept all major credit cards/ debit cards, and the credit card/ debit card
holder must be the purchaser of the products offered on the Application. Your
credit card/ debit card will be debited when you click on the confirm button.
If you do not have a Credit Card/ Debit Card, you may choose to pay in cash by
visiting one of our offices.
12.
Shade
Depictions
12.1.
All
shades displayed on the Application are subject to variation based on the
resolution of the mobile screen. JSW shall not liable for any shade variations
or your reliance on any such indicative depiction on the Application.
13.
Jurisdiction
and Governing Law
13.1.
In
case of dispute, grievance or complaints, you can route such notice to us
through grievance.paints@jsw.in which will then be directed to our designated
grievance cell.). We shall acknowledge the receipt of such dispute, grievance
or complaint through an email communication to your e-mail address as provided
by you. The grievance redressal team shall then contact you and attempt to
address any concerns with respect to our Services within a period of 30
(thirty) days from the date of receipt of the dispute/ grievance/ complaint.
13.2.
Subject
to the grievance redressal mechanism above, any legal actions pertaining to
this mobile Application shall be commenced within the competent courts in
Mumbai to the exclusion of other courts.
13.3.
This
Agreement between the User and JSW shall be governed by the laws of India,
without regard to its conflict of law principles.
14.
User Data
14.1.
We will maintain certain
data that you transmit to the Application for the purpose of managing the
Application, as well as data relating to your use of the Application. Although
we perform regular routine backups of data, you are solely responsible for all
data that you transmit or that relates to any activity you have undertaken
using the Application. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
15.
Electronic Communications,
Transactions and Signatures
15.1.
Visiting the Application, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Application, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY JSW OR VIA THE APPLICATION.
You hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or
the granting of credits by any means other than electronic means.
16.
Privacy
Policy
16.1.
JSW's Privacy Policy shall form an integral part of the Terms of Use. By visiting
this Application, you agree to be bound by the
terms and conditions of this privacy policy. IF YOU DO NOT AGREE WITH THESE
TERMS AND CONDITIONS OR THE PRIVACY POLICY, PLEASE DO NOT USE OR ACCESS THIS
APPLICATION.
17.
Term and Termination
17.1.
These T&Cs
shall remain in full force and effect while you use the Application. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, JSW RESERVES THE
RIGHT TO, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY
ACCESS TO AND USE OF THE APPLICATION, TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APPLICATION OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
17.2.
If JSW
terminates or suspends your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
18.
Miscellaneous
18.1.
Entire
Agreement: These T&Cs and any policies or operating rules posted by us on the
Application constitute the entire agreement and understanding between you and
JSW.
18.2.
Waiver: Our failure
to exercise or enforce any right or provision of these Terms of Use shall not
operate as a waiver of such right or provision.
18.3.
Assignment: These
T&Cs operate to the fullest extent permissible by law. JSW may assign any
or all of its rights and obligations to others at any time.
18.4.
Severability: If any
provision or part of a provision of these Terms and Conditions is determined to
be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these T&Cs and does not affect the validity and
enforceability of any remaining provisions.
18.5.
Contractual
Relationship: There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these T&Cs or use of
the Application.
18.6.
No Adverse
Construction:You agree that these T&Cs will not be construed against JSW by
virtue of having drafted it. You hereby waive any and all defences you may have
based on the electronic form of these T&Cs and the lack of signing by the
parties hereto to execute these T&Cs.
18.7.
Headings:The
headings and titles used in this T&C are only for indicative purposes and
do not affect the meaning, interpretation and extent of such provisions under
these T&Cs.
18.8.
Survival:The
provisions of this T&Cs which are intended to survive or are of such nature
shall survive the termination of this Agreement.
18.9.
Contact Details: If you have questions or comments about
this T&Cs or for any additional information about our online privacy
practices, please write to us at ccpaints@jsw.in
Please make sure you are aware of
any changes, please review this policy periodically.