Jay's Watch Store Private Limited ("JWS", "We", "Us") welcomes you to www.jayswatchstore.com and related subdomains (including but without limitation to any mobile application services) ("Site"). JWS is a private company registered under Indian laws with its registered office at B2, Floor-1, Corinthin, Strand Road, Strand Cinema, Colaba, Mumbai 400005 and is in the business of purchase and sale of pre-owned watches and other ancillary businesses.
This Terms of Use ("this Agreement"/ “Terms of Use”/ “Terms”) is a legal agreement between Us and you (“You”/ “User”). By accessing and/ or viewing the Site, You agree and accept, abide and adhere to and be bound by the terms of this Agreement and the warranties, disclaimers and limitation of liability set out hereunder. If You are accepting this Agreement on behalf of a body corporate, You represent that You are authorized to do so. If You are not so authorized, nor deemed in law to have such authority, You assume sole personal liability for the obligations set out under this Agreement. If You do not wish to accept these Terms, You must immediately leave the Site. This Agreement is between You and Us and not any other party. Your access to the Site is subject to these terms and conditions of this Terms of Use, the Privacy Policy of the Site, any other terms and conditions specified on the Site and all applicable laws, rules, and regulations.
JWS may change the terms of this Agreement at any time and such changes shall be effective immediately. You are responsible for reviewing the Terms of Use prior to accessing the Site. Your continued use of the Site affirms Your agreement to the revised Agreement. The most current version of Terms of Use will supersede all previous versions. It is Your responsibility to review the Terms of Use periodically.
Any personally identifying information is subject to our Privacy Policy which can be accessed at www.jayswatchstore.com. This Agreement and the Privacy Policy together shall constitute a legal agreement between You and JWS in connection with Your visit to the Site and use of the Site.
You are specifically restricted from any or all of the following:
The facility for online payment/s through credit card/debit card/net banking account is available for select credit card, debit card, and net banking accounts only. In a credit card and/or debit card and/or net banking transaction/s, the User must use his/her own card. We will not be liable for any credit card or debit card or net banking fraud. You are requested to communicate all grievances related to such issues to Your bank/credit card or net banking account supplier. We will not entertain or address any such grievances or issues.
You confirm that You are aware of the fact that when making any online payment through credit card/debit card/net banking account, You may be directed to the payment gateway page. The payment gateway may redirect You to other website(s) maintained or controlled by third parties and We do not control such third-party website/s and are not responsible for any transactions on such website/s.
Payments made online by credit card/debit card/net banking will not be refunded. We shall not be responsible for all or any dispute or difference relating to online payment made by You through credit card/debit card/net banking account.
You must be 18 years of age, or the age of majority in Your province, territory, or country, to access the Site. Individuals under the age of 18, or applicable age of majority, may utilize the service offered only with the involvement of a parent or legal guardian.
JWS is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification, however, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
your access to and use of the site is at your own risk. you understand and agree that our service is provided to you on an "as is" and "as available" basis. without limiting the foregoing, we, our affiliates and subsidiaries disclaim any warranties, express or implied for the completeness, accuracy, availability, timeliness, security, or reliability of the use or content of the site. we will not be responsible or liable for any harm to your computer system/ device, loss of data, or other harm that results from your access to or use of the site. moreover, you agree that we do not have responsibility or liability for the deletion of, or the failure to store or to transmit, any material or content and other communications maintained on the site. we make no warranty that the site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. no advice or information, whether oral or written, obtained from the site or our representatives, will create any warranty not expressly made herein.
There may be ongoing delays to content updates as well as online advertisements and other promotional or marketing materials found on this Site, or on a third-party service. The content on this Site should not be construed as specific sales specifications or guarantees. Products or services may be described inaccurately or unavailable in particular regions. We reserve the right to change or update information and correct errors or omissions at any time without prior notice.
in no event will jws, its sponsors, advertisers, affiliates, officers,
directors, employees, representatives, successors and assigns, be
liable to any party (i) for any indirect, special, punitive, incidental
or consequential damages or any other damages arising in any way
out of the availability/ unavailability, use, reliance on, or
inability to use the site, even if jws or its agents shall have been
advised of the possibility of such damages, and regardless of the
form of action, whether in contract, tort, or otherwise; or (ii) for
any claim attributable to errors, omissions, or other inaccuracies
in, or destructive properties of the site. notwithstanding anything
to the contrary herein, to the fullest extent allowed by law, you
agree to waive and discharge all claims, release jws from all
liability and indemnify and hold harmless jws, its subsidiaries,
affiliates, officers, agents, and other partners and employees,
from any and all liability on account of, or in any way resulting
from injuries and damages in any way connected with any events
or activities. you agree and understand and intend that this
assumption of risk and release is binding upon you and your heirs,
executors, agents, administrators and assigns, and includes any
minors accompanying the user.
jws shall not be liable for any failure to perform its obligations hereunder where such failure
results from any
cause including, without limitation, mechanical, electronic, or communications failure or degradation. you
agree
not to hold jws or any of its officers, employees, agents responsible or accountable for any of your
postings or
information and nor shall we, our officers, employees, or agents be liable for any misuse, illegal activity,
or
third-party content as most postings, listings, or information are generated by users directly and we do not
have any role in the creation, publication, or distribution of the posting or information.
your participation in using the site is at your sole and exclusive
risk. by using the site you agree and understand that in connection
with your participation in any event or activity or using the site,
you may be exposed to a variety of hazards and risks, foreseen or
unforeseen, which may or may not be inherent in those activities
and events. you are personally responsible for all costs and/or
risks associated with any public or private event or activity or use
of services. notwithstanding anything to the contrary herein, to
the fullest extent allowed by law, you agree to waive and
discharge all claims, release jws from all liability and indemnify
and hold harmless jws, its subsidiaries, affiliates, directors,
officers, agents, and other partners and employees, from any and
all liability on account of, or in any way resulting from injuries
and damages in any way connected with any events or activities.
you agree and understand and intend that this assumption of risk
and release is binding upon you and your heirs, executors, agents,
administrators and assigns, and includes any minors
accompanying the user at the events or using the site.
You hereby indemnify JWS and our officers, directors, agents, employees, and representatives against any loss, damage, or cost arising out of your use of the Site, any of its services, or any information accessible over or through the Site, including information obtained from interfacing sites, your submission or transmission of information or material on or through the Site or interfacing sites, or your violation of these Terms, the terms of use of interfacing sites, or any other laws, regulations, and rules. You also hereby indemnify Us and Our officers, directors, agents, employees, and representatives against any claims that any information or material You have submitted or will submit to us is in violation of any law or in breach of any third-party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright, or infringement or violation of any other intellectual property right). You agree to waive and discharge all claims, and release JWS from all liability and indemnify and hold harmless JWS, its subsidiaries, affiliates, officers, agents, business partners and other partners and employees, from any and all liability on account of, or in any way resulting from injuries and damages in any way connected with any events or activities. On account of an event involving any internet-based threats such as hacking, technological snags etc. JWS shall not be liable in any manner whatsoever if User data is lost or falls into hands of any third parties. We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and You hereby agree to cooperate fully with Us in any such defences.
You cannot assign or transfer these Terms, by operation of law or otherwise. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. JWS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, personal representatives and permitted assigns.
You agree that this Agreement and any contractual obligation between JWS and the User will be governed by the laws of India and all courts and forums in Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, Your use of the Site or the services or the information to which it gives access.
If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement 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, the Agreement 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.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by JWS. Any consent by JWS to, or awaiver by JWS of any breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, governing law, confidentiality shall survive the efflux of time and the termination of these Terms.
This Agreement and Privacy Policy constitute the entire agreement between You and JWS governing Your use of the Site, superseding any prior agreements between You and JWS regarding such use.
You agree that JWS may terminate or suspend Your access to and use of the Site if JWS reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms or violated the rights of JWS, its affiliated companies or any third party, with or without notice to You.
You agree that these Terms and any contractual obligation between JWS and the User will be governed by the laws of India and all courts and forums in Mumbai shall have exclusive jurisdiction.
If a User has any questions concerning JWS, the Site, this Agreement or anything related to any of the foregoing, JWS customer support can be reached at the following email address: admin@jayswatchstore.com.