Terms Of Use

These terms and conditions of use ("Terms of Use" or "Terms") of the website www.jordyblue.com and instances thereof ("Website") between Sixth Element Furnishing Solutions Private Limited ("We" or "Jordyblue" or "Company"), a company incorporated under the Companies Act, 1956, and the users of the Website ("You" or "Your") describe the terms on which the Company offers You access to the Website.

We request You to carefully go through these Terms before You decide to purchase any products from the Website. These Terms of Use apply to Your visit to and Your use of the Website to purchase the products irrespective of whether such use is through a computer or a mobile phone or any other similar device, as well as to all information and recommendations provided to You on the Website. By downloading or accessing the Website to avail our service, You irrevocably accept all the obligations stipulated in these Terms of Use and agree to abide by them. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to You.

1. PRIVACY

You confirm that you have read and fully understand the privacy policy of Jordyblue in respect of the website. You further consent that the terms and contents of such privacy policy are acceptable to You.

2. ACCESS

2.1. The Company offers a platform that facilitates sale and purchase of merchandise and services (“Services”) owned by the company or by various third party vendors/service providers (“Vendors”) to users.

2.2 Jordyblue grants You a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it.

2.3 This right to access cannot be extended to include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

2.4 You may not frame or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jordyblue without express written consent or the Company. You may not use any metatags or any other ‘hidden text’ utilizing ‘Jordyblue’ or its affiliates names or trademarks without the express written consent of the Company. Any unauthorised use would lead to termination of the right to access granted by the Company.

2.5 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page at Jordyblue as long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Jordyblue logo or other proprietary graphic or trademark as part of the link without the express written consent of the Company.

2.6 You must not use the Website in any way that causes, or may be likely to cause damage or impairment to the website or interrupt free access to it in any way. You must not use the Website to host, display, upload, modify, publish, transmit, update or share any information that: (a) belongs to another person and to which the user does not have any right to; (b) 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; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and (i) 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.

3. USAGE CONDUCT

3.1 When You use the website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer or mobile or other similar device to prevent unauthorized access to Your account. We request You to safeguard Your password and Your account and make sure that others do not have access to it. It is Your responsibility to keep Your account information accurate.

3.2 We will try to make the Website error-free. Your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. However, we do not take responsibility for internet related issues at Your end.

3.3 You shall use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

4. COPYRIGHT AND DATABASE RIGHTS

4.1 All content included on the Website, such as photographs, text, graphics, logos, button icons, images and software, is the property of the Company, its affiliates or its content suppliers.

4.2 The compilation of all content on this Website is the exclusive property of the Company.

4.3 All software used on this website is the property of Company or our software suppliers. You may not systematically extract and/or re-utilize parts of the contents of the Website without the Company’s express written consent. In particular, You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or a number of times) for re-utilization of any substantial parts of this website, without the Company’s express written consent.

4.4 You may not create and/or publish Your own database that features substantial parts of this website (e.g. our prices and product listings) without the Company’s express written consent.

4.5 Company respects the intellectual property of others. If You believe that Your work has been copied in a way that constitutes copyright infringement, please contact us.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Jordyblue and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

5.2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Jordyblue or other third parties. You are not permitted to use the Marks without the prior consent of Jordyblue or the third party that owns the Marks.

5.3. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Jordyblue or thirty party owner of such Content.

6. PRICING INFORMATION

6.1. Despite our best efforts, some of the products in our catalogue may be mispriced. If a product’s correct price is lower than our stated price, we charge the lower amount and send You the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact You for instructions before processing the order or cancel Your order and notify You of such cancellation.

6.2. You agree to provide correct and accurate credit / debit card details to the approved payment gateway for availing Services. You shall not use the credit / debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit / debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit / debit card details. Jordyblue expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit / debit card.

7. COLORS

Jordyblue strives to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, Jordyblue cannot guarantee that your monitor’s display of any color will be accurate.

8. REFERRAL PROGRAM

If You refer to either invalid e-mail ids or to multiple e-mail ids which belong to You through our referral program, if any, we reserve the right to cancel all points and/or orders pertaining to those fake accounts.

9. NEWSLETTERS AND COMMUNICATIONS

You hereby expressly agree to receive communications and newsletters from Jordyblue by SMS and e-mails. You can unsubscribe / opt-out from receiving these communications and newsletters at anytime by following the procedure set forth in the Website.

10. DISCLAIMER OF WARRANTIES & LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

10.1. You agree to indemnify, defend and hold harmless Jordyblue from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Jordyblue that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Supply Terms or any Additional Terms applicable to the purchase of Products.

10.2. In no event shall Jordyblue, its officers, directors, employees, partners or vendors be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Jordyblue has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein.

10.3. JORDYBLUE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. JORDYBLUE ENDEAVORS TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT JORDYBLUE DOES NOT PROVIDE ANY WARRANTIES RELATING TO THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. JORDYBLUE SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, JORDYBLUE SHALL NOT BE RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. JORDYBLUE IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO ANY INVALIDITY OF ANY KIND. JORDYBLUE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU BY ITSELF OR ON BEHALF OF THIRD PARTIES.

10.4. JORDYBLUE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENTS AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO ANY THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

10.5. NOTWITHSTANDING ANYTHING TO CONTRARY, JORDYBLUE'S ENTIRE LIABILITY TO YOU SHALL BE THE REFUND OF THE MONEY CHARGED TO YOU FOR ANY PRODUCT OR SERVICE, IN RELATION TO WHICH UNLIKELY LIABILITY ARISES.

10.6. IN NO EVENT SHALL JORDYBLUE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY (1) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT JORDYBLUE HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME, (2) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (3) ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.

10.7. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. WAIVER

No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or waiver of a breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

12. VIOLATION OF THE TERMS OF USE

12.1. Jordyblue may, in its sole discretion and without prior notice, terminate Your access to the Website if Jordyblue determines that You have violated the Terms or Additional Terms or any other duty owed to Jordyblue. Any violation by You of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Jordyblue, for which monetary damages is likely to be inadequate, and You consent to Jordyblue obtaining any injunctive or equitable relief that Jordyblue deems necessary or appropriate. These remedies are in addition to any other remedies Jordyblue may have at law or in equity.

12.2. You agree to indemnify, defend and hold harmless Jordyblue, its affiliate vendors, agents, shareholders, directors and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Jordyblue that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You. Further, You agree to hold Jordyblue harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of the rights of any another person. Jordyblue will also be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Jordyblue.

13. AMENDMENT TO CONDITIONS

We reserve the right to make changes to our website, policies, and these Terms of Use at any time. You will be subject to the Terms of Use in force at the time that You use the website or at the time You order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by You). If any of these conditions are deemed invalid, void, or for any reason unenforceable, such condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

14. GOVERNING LAW AND JURISDICTION

Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to Your use of the Jordyblue platform or the service or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.

15. SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

16. NOTICES

All notices and other communications required or permitted hereunder to be given to a party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision: If to Jordyblue: support@jordyblue.com If to You: at the email address provided by You to us when You registered as a Jordyblue User.

17. COMPLETE UNDERSTANDING

These Terms of Use contain the entire understanding between the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.

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