Terms & conditions

Last updated on: [31st May, 2024]

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION
TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC
RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY
PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE
INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT
REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND
TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE.

Jiscovery is an e-commerce portal being run through the domain www.jiscovery.com (including mobile applications, if any) (“Portal” / “Website”) for the display, advertising and sale of kitchen, home and other products to the end customers on the Portal (“Buyers”).

The Portal is operated by Jouinvalue Creations Private Limited (including its directors, full time employees, subsidiaries and affiliates, collectively, the “Company”). The Company’s role is solely
limited to managing the Portal and associated marketing, payment collections, order management, enquiry management and other incidental services to enable the transactions between the Seller (Us)
and the Buyer (“Business” / ”Services”).

By accessing any part of the Portal or utilising the Services, users, including without limitation users
who are browsers, Sellers, Buyers or contributors of any content on the Portal (collectively, “User”) agree to be bound by these terms of use (“Terms”) and by all other policies of the Company (“Policies”) as mentioned herein and as posted on the Website from time to time.

The Terms and the Policies take effect on the date on which the Portal is accessed by a User, creating a legally binding arrangement between the User and the Company. The User’s agreement with the
Company includes these Terms, the privacy policy (“Privacy Policy”) available at
[www.jiscovery.com], the Return and Refund policy (“R&R Policy”) available at
[www.jiscovery.com], the Shipping Policy (“Shipping Policy”) available at [www.jiscovery.com],
each as updated by the Company from time to time (“Agreement”).

Users can review the most current version of the Terms and Policies at any time on the Website. The Company reserves the right to unilaterally update, change or replace any part of these Terms or Policies by posting updates or changes to the Portal. It is the responsibility of the Users to check the Portal periodically for changes to the Terms and Policies. The Users’ continued use of or access to the
Portal following the posting of any changes constitutes acceptance of those changes. As long as the User complies with these Terms, the Company grants the User a personal, non-exclusive, non-transferable, limited privilege to enter and use the Portals and Services.

IF THE USER DOES NOT AGREE WITH THE TERMS, THE USER IS ADVISED TO REFRAIN FROM USING THE PORTAL. BY ACCESSING OR USING THE PORTAL, THE USER IRREVOCABLY ACCEPTS THE AGREEMENT AND AGREES TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).

USER ELIGIBILITY

User(s) represent and warrant that they have the right to access or use the Portal. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to access and use the Portal.

The Portal can be accessed and used by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. The Company reserves the right to terminate the Users account and / or deny access to the Portal if it is brought to the Company’s notice or if it is discovered that the User does not meet the conditions herein.

ACCOUNT REGISTRATION, SUSPENSION AND TERMINATION

Users may access the Portal by registering to create an account and becoming registered members.
The membership is limited for the purpose of buying or selling products, is subject to the Terms and
Policies, and is strictly not transferable.

The Users agree to provide accurate, current and complete information during the registration or order
process on the Portal and to update such information to keep it accurate, current and complete.

By registering their phone numbers and e-mail address with the Company, the Users consent to be
contacted by the Company via phone calls, e-mails, SMS notifications or instant messages, in case of
verifications and in case of subscription / service / promotional updates.

The Users are responsible for maintaining the confidentiality of their account information, and are
fully responsible for all activities that occur through their accounts. Should there be instances of any
unauthorized use of their accounts or any other breach of security, the Users are required to notify the
Company to stop processing requests from their accounts, until further instructions.

The Company reserves the right to suspend or terminate the account or access to the Portal including
blocking any account associated with a User, if any information provided during the registration
process or thereafter proves to be inaccurate, not current or incomplete and/or if the Users are found
to be non-compliant with the Terms, Policies and/or applicable law, as the case may be.

The Users are solely responsible for all activities that occur under their account.

AMENDMENT TO THE TERMS

The Company reserves the right to unilaterally change, modify, amend, or update these Terms and/ or
the Agreement from time to time and such amended provisions shall be effective immediately upon
being posted on the Portal. If the Users do not agree with such provisions, the Users must stop using
the Portal with immediate effect. The Users’ continued use of the Portal will be deemed to signify
their acceptance of the amended provisions of the Agreement.

ORDERS

The Portal allows Users to place orders for the products sold by the Seller and the Company will,
subject to the terms and conditions set out herein, facilitate the placement of orders for the products to
the Users. The Company reserves the sole right to delist any product from the Portal.

The Users understand that any order that they place shall be subject to the terms and conditions set out
in these Terms, and any terms and conditions imposed by the Seller..

On receipt of an order from a User, the Company shall send electronically a confirmation of such
order to the Buyer concerned. Further, the Company may inform the Users about the availability or
unavailability or change in price of a product. Confirmation of the order shall be treated as final.

The commercial/contractual terms including, without limitation, price, shipping costs, payment
methods, payment terms, date, period and mode of delivery, warranties related to products, etc. are
offered by and agreed to between the Seller and the Buyer.

The Users acknowledge and agree that the Company may act as the payment agent for the limited
purpose of accepting payments from them. The Users agree that the payment facility provided by the
Company is merely a facilitator providing a third-party payment processor for the transactions on the
Portal.
The Users agree to provide current, complete and accurate purchase and account information for all
purchases made at on the Portal. In connection with any order, information such as name, billing
address and credit card information will have to be provided either to the Company or the third-party
payment processor.
If the Users are directed to the third-party payment processor, they may be subject to terms and
conditions governing use of that third party’s service and that third party’s personal information
collection practices. Users are requested to review such terms and conditions and privacy policy
before using the Portal.
All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the
products sold through the Portal are being charged and determined by the Seller.

USE OF THE PORTAL

The Users agree, undertake and confirm that their use of the Portal shall be strictly governed by these
Terms, Policies and the Privacy Policy. The Users shall not host, display, upload, download, modify,
publish, transmit, update or share any information which:

(a) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money laundering or gambling,
or otherwise unlawful in any manner whatsoever; 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;

(b) is patently offensive to the online community, such as sexually explicit content, or content that
promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against
any group or individual;

(d) infringes upon or violates any third party’s rights including, but not limited to, intellectual
property rights, rights of privacy (including without limitation unauthorized disclosure of a
person’s name, email address, physical address or phone number) or rights of publicity;

(e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices;

(f) tries to gain unauthorized access or exceeds the scope of authorized access to the Portal or to
the profiles, blogs, communities, account information, or other areas of the Portal or solicits
passwords or personal identifying information for commercial or unlawful purposes from other
Users;

(g) interferes with another User’s use and enjoyment of the Portal or any third-party users
enjoyment of similar services;

(h) refers to any website or URL that, in our sole discretion, contains material that is inappropriate
for the Portal or any other website, contains content that would be prohibited or violates the
spirit of these Terms;

(i) violates any law for the time being in force;

(j) impersonates another person;

(k) contains software viruses or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any
system, data or personal information; and

(l) directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, (l) 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.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The Company is not responsible for any inaccuracy, incompleteness or outdated information made
available on the Portal, provided by the Users. The material on the Portal 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. The Users
agree that, the Company does not own any responsibility or obligation whatsoever, towards ensuring
the accuracy of the information provided by the Users. Any reliance on the material on the Portal is at
the Users’ own risk.
The Company reserves the right to modify the contents of the Portal at any time, but has no obligation
to update any information on the Portal. The Users agree that it is their responsibility to monitor
changes to the Portal.
Occasionally there may be information on the Portal that contains typographical errors, inaccuracies
or omissions that may relate to information pertaining to the products, pricing, promotions, offers,
shipping charges, transit times and availability. The Company reserves the right to correct any errors,
inaccuracies or omissions, and to change or update information if any information on the Portal is
inaccurate at any time without prior notice.
The Company undertakes no obligation to update, amend or clarify information in the Portal,
including without limitation, pricing information, except as required by law.

DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY

The Company does not warrant that the Portal will be compatible with all hardware and software
which is used by the Users.
The Seller takes sole responsibility for the correctness of the details pertaining to specifics (such as
quality, value, saleability, etc) of the products proposed to be sold or offered to be sold or purchased
on the Portal.
The Company is not responsible for any non-performance or breach of any contract entered into
between the Sellers and the Buyers.

The Company does not make any representation or warranty as to the item-specifics (such as legal
title, creditworthiness, identity, etc) of any of its Users.
The Company does not, at any point of time during any transaction between any Seller and a User
take possession of any of the products offered nor does it gain title to or have any rights or claims
over such products. At no time shall the Company have any obligations or liabilities in respect of such
contract entered into between the Users. The Company is not responsible for damages or delays as a
result of products which are out of stock, unavailable or back ordered.
The Portal may be under constant upgrades, and some functions and features may not be fully
operational. The Portal is provided on an “as is” and “as available” basis.
The Company makes no representation or warranty that: (i) the Portal will be accurate or reliable; (ii)
the Portal will be uninterrupted, timely, secure, or error-free; (iii) any information that may be
obtained from the use of the Portal will be accurate, timely or complete; or (iv) any errors in any
software used on the site or in connection with the Portal will be corrected.
Any information provided with respect to the Users and fees payable is subject to change without
notice. Any trademark, word mark or intellectual property of any Users or Sellers belongs to such
Users/Sellers alone, and the Company has no right or claim over the same.
The Company reserves the right in its sole discretion to remove any material/content/photos/offers
displayed on the Portal which in the Company’s reasonable belief is unlawful or could subject the
Company to liability or is in violation of these Terms or is otherwise found inappropriate in the
Company’s opinion. The Company reserves the right to cooperate with any investigation in this
regard.
The Company reserves the right to suspend or terminate the account of a User as deemed appropriate
by it. Users agree that the Company shall have no liability to any Users, including liability in respect
of consequential or any other damages, in the event the Company takes any of the actions mentioned
in this clause.
The Company is not responsible and will have no liability for: (i) any content or products provided by
any persons or entities other than the Company; (ii) damages of any kind that result from the
downloading of any data or any other materials on the site or through the Portal; or (iii) the failures of
the internet or any data or telecommunications equipment, system or network used in connection with
the Portal.
The Company or its employees / representatives shall not be liable for: any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without
limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based
in contract, tort, strict liability or otherwise, arising from the use of the Portal, or for any other claim
related in any way to the use of the Portal, 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 Portal or any content
posted, transmitted, or otherwise made available via the Portal, even if advised of their possibility.
The Company does not guarantee that the quality of the products, services, information, or other
material purchased or obtained by the User through the Portal will meet the User’s expectations.

PRIVACY

All information about Users that are collected, stored or transmitted in any way on the Portal,
including any registration information, is subject to our Privacy Policy (the “Privacy Policy”),
available

DISCLOSURE

The Users acknowledge, consent and agree that the Company may access, preserve and disclose their
account information if required to do so by law or in a good faith belief that such access, preservation
or disclosure is reasonably necessary to:
(a) comply with legal process nationally or internationally;
(b) enforce these Terms;
(c) respond to the Users’ requests for Service;
(d) protect the rights, property or personal safety of the Company, its subscribers and the public, or
pursuant to the terms of the Privacy Policy.

THIRD PARTY LINKS

Certain content or products available via the Portal may include materials from third-parties. Third-
party links on the Portal may direct the Users to third-party websites that are not affiliated with the
Company. The Company is not responsible for examining or evaluating the content or accuracy and
does 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.
The Company is 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.

INTELLECTUAL PROPERTY

The Company is either the owner of intellectual property rights or has the sub-licensable (through
multiple tiers) right to exercise the intellectual property, on the Portal, and on the material published
on it in cases where it may be so construed. The Users acknowledge that the intellectual property right
in the information shared with the Company by the Sellers or other content providers may vest in such
persons and not in the Company, unless otherwise stated.
“Jiscovery” and related icons and logos whether registered or unregistered are the trademarks of the
Company and are protected under applicable copyright, trademark and other proprietary and
intellectual property laws. Users’ unauthorized adoption copying, modification, use or publication of
these marks is strictly prohibited.
Users may not use any trademark, service mark or logo of any independent third parties without prior
written approval from such parties.
The Users must not use any part of the materials on the Portal for commercial purposes without
obtaining an appropriate license. All rights, not otherwise claimed under these Terms by the Company
are hereby reserved.

FORCE MAJEURE

The Company shall not be liable for any damages whatsoever arising out of force majeure or other
similar circumstances, directly or indirectly affecting the Company and/or the Portal. Examples of
force majeure events include without limitation real or potential labour disputes, governmental
actions, change in law or regulations, war or threat of war, sabotage, civil unrest, pandemic,
demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or
resources, inability to obtain the relevant authorization, accident, and defect in electricity or
telecommunication network or other events beyond the Company’s control. Hindrance, delay or
complication in the maintenance of the Portal entitles the Company to suspend or limit the Portal until
further notice.

INDEMNIFICATION

The Users shall indemnify, defend, and hold harmless the Company and its subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, Sellers,
interns and employees, from and against any and all losses, liabilities, claims, suits, proceedings,
penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and
disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by
the Company that arise out of, result from, or in connection with:
(a) the User’s breach of the Agreement;
(b) any claims made by any third party due to, or arising out of, or in connection with User’s use of
Portal;
(c) the User’s violation of any rights of another, including intellectual property rights; and
(d) the User’s violation of any applicable laws.

SEVERABILITY

In the event any provision of the Agreement 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 the Agreement, such determination shall
not affect the validity and enforceability of any other remaining provisions.

TERMINATION

These Terms are effective unless and until terminated by either the Company or the Users. The Users
may terminate these Terms at any time by notifying the Company that they no longer wish to use the
Portal or the Services, or when they cease using the Portal.
If in the Company’s sole judgment the Users fail, or it is suspected or discovered that the Users have
failed to comply with any term or provision of these Terms, the Company may also terminate their
access to the Portal, or cease the provision of the services at any time without notice and the Users
will remain liable for all amounts due up to and including the date of termination; and/or accordingly
may deny the Users access to the Portal or the services (or any part thereof).

WAIVER

The failure of the Company to exercise or enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of India. Any action, suit, or other legal proceeding, which is
commenced to resolve any matter arising under or relating to this Agreement shall be subject to the
jurisdiction of the courts at New Delhi, India.

POLICIES

All Policies, including the Terms, Privacy Policy, Return and Refund Policy and Shipping Policy will
be updated on the Portal from time to time. The Company holds the right to amend the Policies on the
Portal as and when required, without any prior approval from the Users.

NOTICES

All notices or demands to or upon the Company shall be in writing and shall be deemed to be duly
made when sent to on [wecare@jisovery.com].
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by
courier, certified mail, by facsimile or email to the last-known correspondence, fax or e-mail address
provided by the User(s) on the Portal, or by posting such notice or demand on an area of the Portal
that is publicly accessible.
Notice to a User(s) shall be deemed to be received by such User(s) if and when the Portal is able to
demonstrate that communication, whether in physical or electronic form, has been sent to such
User(s), or immediately upon the Company posting or updating such notice on the Portal.
MISCELLANEOUS
Headings for any section of these Terms are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
The Company shall have the right to assign its obligations and duties in these Terms to any person or
entity.
[Grievance Officer] is the designated Grievance Officer in respect of these Terms. Any complaints or
concerns with regard to the Portal or any breach of these Terms or Privacy Policy can be directed to
the designated Grievance Officer in writing at [F-30 Kirti Nagar, New Delhi] or through an email
sent to [wecare@jiscovery.com].