Terms of Use

I. INTRODUCTION

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.

II. CHANGES TO THE TERMS OF THIS AGREEMENT

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.

III. PRIVACY

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.

IV. INTELLECTUAL PROPERTY

  1. All content on the Site is copyrighted unless otherwise noted and must not be used except with the express written consent of JWS. Images, audios, and videos of people or places displayed on the Site, if any, are either the property of, or used with permission by JWS. Use of these images, audios, and/or videos by You or other third parties is prohibited unless expressly permitted by JWS. Any unauthorized use by You of these images, audios, and/or videos will be in violation of copyright laws and trademark laws.
  2. All the intellectual property rights present in this Site are owned by JWS. These works are protected by intellectual property laws, including copyright laws, and all such rights are reserved.
  3. Reproduction of part or all of the contents of the Site in any form, including framing, creating any derivative work based on this Site and/or its content, incorporation into other Sites, electronic retrieval systems, or publications is prohibited. No links to this Site may be included in any other Site without JWS’s prior written permission.
  4. These Terms confer only the right to view the Site, and they do not convey any rights of ownership in or to the Site. All right, title, and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in our service (including those displayed on the Site) will remain JWS’s sole property. Any services provided to You under these Terms, and other data or materials that are prepared in the performance of such services hereunder, and all right, title, and interest in the foregoing, will belong to Us.
  5. You acknowledge that the use of the Site’s contact information is intended for and restricted to the conduct of appropriate and lawful business and communication; solicitation of any kind is prohibited and may be reported to relevant authorities at the discretion of JWS. By using the provided contact information or contact form, you agree to these terms.

V.RESTRICTIONS

You are specifically restricted from any or all of the following:

  1. Publishing any Site material in any other media.
  2. Selling, sub-licensing and/or otherwise commercializing any Site material.
  3. Publicly displaying and/or showing any Site material.
  4. Using this Site in any way that is or may be damaging to this Site.
  5. Using this Site in any way that impacts User access to this Site.
  6. Using this Site contrary to applicable laws and regulations, or in any way that may cause harm to the Site, or to any person or business entity.
  7. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site.
  8. Using this Site to engage in any advertising or marketing without prior written approval from Us.

VI. LINKED DESTINATIONS AND ADVERTISING

  1. You agree and acknowledge that JWS does not endorse or sponsor third-party Sites. All liability in respect of the aforesaid is excluded to the extent permitted by law, including any implied terms. Indian law and jurisdiction shall apply with respect to contents of this Site. While using this Site for information purposes or otherwise, Users acknowledge and accept the disclaimer provided in these Terms.
  2. If JWS provides links or pointers to other sites or destinations, You should not infer or assume that JWS operates, controls, or is otherwise connected with these other sites or destinations. When You click on a link within the Site, JWS will not warn You that You have left the Site and/or that You are subject to the terms and conditions (including privacy policies) of another site or destination. In some cases, it may be less obvious than others that You have left the Site and reached another site or destination. Please be careful to read the terms of use and privacy policy of any other site or destination before You provide any confidential information or engage in any transactions. You should not rely on these Terms and Conditions and/or Privacy Policy to govern Your use of another site or destination.
  3. JWS is not responsible for the content or practices of any site or destination other than the Site, even if it links to the Site and/or even if the site or destination is operated by a company affiliated or otherwise connected with JWS. By accessing the Site, You acknowledge and agree that JWS is not responsible or liable to You for any content or other materials hosted and served from any Site or destination other than the Site.

VII. ONLINE PAYMENT

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.

VIII. LEGAL AGE

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.

IX. ASSIGNMENT

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.

X.DISCLAIMER OF WARRANTIES

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.

XI. LIMITATION OF LIABILITY

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.

XII. INDEMNIFICATION

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.

XIII. ASSIGNMENT

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.

XIV. APPLICABLE LAW AND DISPUTE SETTLEMENT

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.

XV. SEVERABILITY

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.

XVI. WAIVER

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.

XVII. SURVIVAL

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.

XVIII. ENTIRE AGREEMENT

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.

XIX. TERMINATION

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.

XX. GRIEVANCES

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.