Terms of service

USE OF THE PLATFORM

Welcome to www.newjaisa.com ("Site"). The website www.newjaisa.com is owned and operated by Newjaisa Technologies Limited ("Company” or “We” or “Our”) a company incorporated under the provisions of the Companies Act, 1956 with its registered office at 38/39,2nd Main Road, Next to Esteem Enclave,Arekere, Bangalore, Karnataka, India. You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. These Terms of Use govern all the products offered on the Site.

The Site is only to be used for your personal non-commercial use and information. Your use of the Site and features of the Site will be governed by these Terms and Conditions (hereinafter " Terms of Use ") along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together " Policies ") as modified and amended from time to time.

By accessing or using the Site, you acknowledge and agree to be bound by these Terms of Use and the Policies, regardless of whether you have read them. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE POLICIES, YOU MUST IMMEDIATELY CEASE USING THE SITE. You are solely responsible for ensuring that your access to and use of the Site complies with applicable laws in your jurisdiction.

The Company reserves the right to modify these Terms of Use or the Policies at any time without prior notice. Any changes will become effective upon being posted on the Site. Your continued use of the Site following such modifications constitutes your acceptance of the revised Terms of Use and Policies. It is your responsibility to review these Terms of Use and the Policies periodically to remain informed about the terms governing your use of the Site.

PRIVACY PRACTICES

We prioritize the protection of your personal information and have established a Privacy Policy to safeguard it. Your use of the Site is also governed by our Privacy Policy. By using the Site, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy, which may be updated by the Company from time to time.

Your continued use of the Site signifies your acceptance of the Privacy Policy’s terms. You are advised to review the Privacy Policy periodically to stay informed about how your personal information is managed.

YOUR ACCOUNT

The Site is intended for use by individuals aged 18 years or older. If a minor accesses the Site, it is assumed they are doing so under the supervision of a legal guardian. The Company does not knowingly collect information from minors.

By creating an account on the Site ("Account"), you agree to:

Maintain the confidentiality of your account credentials, including your password.
Accept responsibility for all activities conducted under your account.
Provide accurate and complete information that does not infringe on the rights of third parties.

If you suspect unauthorized access to your account, you must notify the Company immediately using the contact details provided below. The Company may, at its sole discretion, require you to reset your password, temporarily suspend your account, or take other measures to ensure the security of your account.

If you use the Site on behalf of another person or entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Use. If the individual or entity refuses to be bound, you agree to accept liability for any damages resulting from unauthorized use of the Site.

By creating an Account, you may receive communications, updates, and information about our services. You may opt out of non-essential communications by following the unsubscribe instructions provided in our emails. However, you will continue to receive essential updates related to your Account and the services provided.

The Company reserves the right to terminate accounts or refuse service without prior notice if these Terms of Use are violated or if the Company deems it necessary to protect its interests. You are solely responsible for any content you upload, post, or transmit via the Site. All information provided to the Company will be handled in accordance with the Privacy Policy

PRODUCT INFORMATION

The Company endeavors to provide accurate and detailed descriptions of the products listed on the Site. However, the Company does not warrant that product descriptions, colors, specifications, or other content on the Site are accurate, complete, reliable, current, or error-free. Furthermore, the Company does not guarantee the availability of specific features, such as backlit or fingerprint functionality, even if mentioned in product descriptions. The Site may contain typographical errors or inaccuracies, which may not reflect the current status of the products. Product images are indicative and may differ from the actual product. In the event of such inaccuracies, the Company will make reasonable efforts to rectify them promptly. The Company reserves the right to correct, update, or modify any inaccuracies, errors, or omissions at any time, including after an order has been placed, without prior notice.

PRODUCT USE

The products and services available on the Site, and the samples, if any, that Site may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, will not be sold or resold for any reasons, commercial or otherwise.

PRICING INFORMATION

The Company strives to provide accurate product and pricing information, however errors may occur. Any such errors will be rectified by the Company within the earliest possible time period.

If a product is listed at an incorrect price or with inaccurate details due to a technical or typographical error, the Company reserves the right to refuse or cancel any orders placed for that product unless the product has already been delivered. In such cases, the Company will either contact you for further instructions or cancel the order and notify you of the cancellation. If payment has been processed, the Company will refund the amount to your credit or debit card account.

Prices and availability of products are subject to change without prior notice at the sole discretion of the Company. If the Company is unable to deliver a product on time or at all, you will be notified via email, and your order may be canceled. The Company will not be liable for any damages arising from order cancellations or delivery delays.

CANCELLATIONS, REFUNDS AND RETURNS

Please refer to the Warranty and Support page available on the Site for detailed policies on cancellations, refunds, and returns.

MODE OF PAYMENT

Payments for the products available on the Site may be made in the following ways: Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points. Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.

INTELLECTUAL PROPERTY RIGHTS

All trademarks, logos, and related product names, design marks, and slogans displayed on the Site ("Marks") are the property of the Company. No license or right to use these Marks is granted without the prior written consent of the Company. Unauthorized use of these Marks is strictly prohibited.

The content on the Site, including but not limited to text, programs, products, processes, technology, and software, is the exclusive intellectual property of the Company and is protected under Indian copyright laws and international treaties. You may not copy, reproduce, republish, post, transmit, or distribute any content from the Site without prior written permission from the Company, except for personal, non-commercial use. Downloading materials from the Site does not transfer any rights or ownership to you.

SOCIAL MEDIA MISINFORMATION & FALSE CLAIMS POLICY

This policy is established to address instances where false, misleading, or defamatory information about the Company, its employees, products, or services is disseminated on social media platforms. It outlines the measures the Company will take to protect its reputation and mitigate potential harm.

This policy applies to all individuals, including but not limited to customers, competitors, employees, ex-employees, vendors, and third parties, who engage in spreading misinformation or false claims about the Company on any social media platform, including but not limited to Facebook, Twitter, LinkedIn, Instagram, YouTube, blogs, forums, and other digital media channels.

For the purposes of this policy, misinformation and false claims include, but are not limited to:

Statements that are factually incorrect and misleading.
Defamatory remarks that damage the Company’s reputation
False allegations regarding the Company’s business practices, employees, or services.
Malicious reviews intended to harm the Company’s credibility.
Fraudulent claims regarding the Company’s products or operations.

The Company will actively monitor social media platforms for potential misinformation or false claims. This will be done through:

Automated alerts and monitoring tools.
Employee reporting mechanisms.
Third-party reputation management services, if necessary.

Upon detection of misinformation or false claims, the Company will take the following steps:

The Company’s legal and communication teams will assess the claim’s validity and determine whether it constitutes misinformation or defamation.
If necessary, internal investigations will be conducted to gather relevant facts.
If the misinformation appears to be unintentional, the Company will attempt to contact the individual or entity responsible and request a correction or retraction.
If the misinformation is posted by a customer, employee, or vendor, the Company will attempt to resolve the matter amicably.
The Company may issue a public clarification or response to counteract the misinformation if required.
If the misinformation is deliberate and harmful, the Company may send a cease-and-desist notice demanding immediate removal of the false content.
In cases of persistent or severe defamation, the Company may initiate legal proceedings, including but not limited to:

Filing a defamation lawsuit under applicable laws.
Seeking injunctive relief to remove the false content.
Claiming damages for reputational harm.

The Company reserves the right to report fraudulent claims to relevant regulatory bodies or law enforcement agencies.

Employees are prohibited from engaging in any social media activity that may harm the Company’s reputation. Internal grievances should be addressed through official HR channels. Employees found spreading misinformation about the Company may face disciplinary action, including termination.

In case of widespread misinformation, the Company may:

Release an official statement on its website and social media platforms.
Engage with reputable media outlets to clarify the facts.
Utilize legal avenues to demand retractions or corrections from responsible parties

LIMITED LICENSE

The Company grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site for personal and non-commercial purposes. The Company reserves the right to terminate your access to the Site and revoke this license at its sole discretion without prior notice.

SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:

Accessing data or accounts not intended for you.
Attempting to probe, scan, or test the vulnerability of the Site’s systems or networks without proper authorization
Interfering with the operation of the Site by submitting malicious software, overloading the system, or engaging in "spamming" or "mail bombing."
Forging headers or other identifiers in emails or newsgroup postings.

Violations of the Site’s security may result in civil or criminal liability. The Company reserves the right to investigate any such violations and cooperate with law enforcement authorities in prosecuting offenders.

The Company will report cybersecurity incidents to relevant statutory authorities and cooperate as required. As mandated by applicable laws, the Company may be required to provide user information to law enforcement agencies within 72 hours for the purposes of investigating cybersecurity offenses. Data collected during your use of the Site will be retained for at least 180 days in compliance with applicable laws.

CONTENT AND USER SUBMISSIONS

For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, logos, images, videos, audio clips, comments, information, data, text, photographs, software, scripts, and graphics made available by you on the Site. Any such Content added, created, uploaded, submitted, posted during usage of the Site by You is collectively referred to as, “User Submissions.”

All Content and User Submissions, whether publicly posted or privately transmitted, will be the sole responsibility of the person who originated such user Submissions/Content. We cannot guarantee the authenticity of any such User Submissions, and/or Content which the users may provide about themselves or about the products sold on the Site. You acknowledge and agree that (i) all User Submissions/Content accessed by you, while utilizing or using the Site will be at your own risk and will be solely responsible and liable for any damage or loss that may occur as may be attributable to you or any other party resulting therefrom; (ii) we will have no liability towards you or any such party for any damage or loss resulting from such User Submissions/Content; and (iii) You will be responsible and liable for displaying of authentic Content/User Submissions while using the Site and we will have no liability in this regard.

By submitting Content/User Submissions, you grant us a worldwide, exclusive, royalty-free license to use, reproduce, and distribute such Content/User Submissions at our sole discretion.

With respect to the Content and User Submissions, you are prohibited from displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information on or through the Site that:

belongs to another person and to which You do not have any right;
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates or defames another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
threatens the unity, integrity, defense, security, or sovereignty of India, or endangers the friendly relations with foreign states, or public order, or incites any cognizable offense.

REPRESENTATIONS AND WARRANTIES

This Site is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. The Company will not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.

You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.

The Company will have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

The site is provided "AS IS." Neither we nor our holding companies, subsidiaries, affiliates, partners, or licensors make any representations or warranties, express or implied, regarding these terms, the policies, the Site, or any content, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose, except where such warranties cannot be excluded under applicable law.

To the fullest extent permitted by law, neither we nor our holding companies, subsidiaries, affiliates, partners, or licensors shall be liable (under contract, tort, including negligence, or otherwise) for any:

interruption of business;
delays or interruptions in access to the site
data non-delivery, loss, theft, mis delivery, corruption, destruction, or modification;
loss or damages arising from dealings with or presence of third-party links on the site;
viruses, system failures, or malfunctions;
inaccuracies or omissions in content; or
events beyond our reasonable control

further, to the fullest extent permitted by law, neither we nor our affiliates, partners, or licensors shall be liable for any indirect, special, incidental, consequential, or punitive damages, including lost profits, arising from the use of the Site or content, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed the amount paid by you, if any, for accessing the site.

TERMINATION

These Terms of Use are effective unless and until terminated by either you or the Company. You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. The Company may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site. Termination of the Terms of Use will also lead to the termination of the Policies. Upon any termination of the Terms of Use by either you or the Company, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use will not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.

GOVERNING LAW AND JURISDICTION

The Terms of Use and the Policies will be construed in accordance with the applicable laws of India. For proceedings arising therein, the Courts at Mumbai will have exclusive jurisdiction, subject to the arbitration process below.

DISPUTE RESOLUTION

Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, will be referred to an independent arbitrator who will be appointed mutually by the Parties and the arbitrator’s decision will be final and binding on the parties hereto. The above arbitration will be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration will be held in Mumbai.

Without any prejudice to particulars listed in Clause 15 above, the Company will have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 will apply. The seat and venue of international arbitration will be Mumbai.

SEVERABILITY

If any part of these Terms of Use or the Policies is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use or the Policies will continue to be in effect.

ENTIRE AGREEMENT

Unless otherwise specified herein, these Terms of Use and the Policies constitutes the entire agreement between you and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

GENERAL

You acknowledge and hereby agree to these Terms and Conditions and that it constitutes the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You will comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. In accordance with applicable laws, you understand that we are required to notify you of these Terms and Conditions, regardless of whether it contains any amendments, at least once a year. You understand that you will not be able to opt out of this particular communication from us.

Nothing contained in these Terms and Conditions will be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor will our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions will be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity will not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions will be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and will not be used in its interpretation.

COUPON CODES FOR PARTNERSHIPS/AFFILIATES

All coupon codes related to partnerships or affiliates shall be invalid during any sales period. However, these coupon codes will become redeemable and functional once the sale has concluded.