Terms & Conditions
Welcome to www.jootavoota.com , an online service (Internet based content and e-commerce portal ) provided and operated by Zappy Lifestyle Private Limited, a company incorporated under the laws of India.
By using any of our services or by subscribing to this website you are deemed to have accepted the Terms & Conditions ( in toto) of the agreement listed below or as may be revised and posted on the website from time to time. If you have any reservation and you do not want to bind yourself with the terms and conditions , it is better not to use our services and avoid subscribing to this website.
We reserve the right to change these terms and conditions from time to time without any obligation to inform you and it is your responsibility to consult periodically this portion of website so as to check for any changes. We also reserve the right not to accept a user from registering on this website without assigning any reasons thereof.
For the purpose of these terms and conditions, wherever the context so requires, ‘’you” or “user” shall mean the end user accessing the website, its contents and using services offered through this website. “ Service Providers“ mean independent third party service providers and “we”, “us” and “ours” shall mean Zappy Lifestyle Private Limited and its affiliates.
Please note that your use of services offered is subject to your acceptance and compliance with these terms and conditions and hence you must read them very carefully. By subscribing to or using any of our services , it is assumed that you agree that you have read , understood and are bound by the terms and conditions regardless of how you subscribe to or use the services.
REGISTRATION COMPLIANCE AND YOUR ACCOUNT WITH US
If you use the website , You will receive a password and account designation upon completing the Website's registration process. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Jootavoota.com of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided in this agreement . If jootavoota.com has the reason to believe that there is likely to be a breach of security or misuse of jootavoota.com website , we may require you to change your password or we may suspend your account without any liability to jootavoota.com.
Jootavoota.com does not want to receive confidential , proprietary or trade secret information through this website ( excluding information related to any order you submit ). Please note that any information, materials, suggestions ,ideas or comments sent to jootavoota.com will be deemed non confidential . By submitting any such information, you are granting jootavoota.com , an irrevocable and unrestricted licence to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever.
However we will not use your name in connection with any such materials, information, suggestions and ideas or comments unless we first obtain you permission or otherwise required by law to do so.
Membership And Eligibility to use
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. If your age is below 18 years you are prohibited to use/purchase/contract from/with this website. Such persons are also prohibited from purchasing any material which is for adult consumption the sale or purchase of which to/by minors are strictly prohibited. Jootavoota.com reserves the right to terminate your membership and refuse to provide you with access to the website if Jootavoota.com discovers that you are under the age of 18 years. The website is not available to persons whose membership has been suspended or terminated by Jootavoota.com for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this web from India. jootavoota.com makes no representation that any products or services referred to in the materials on this web are appropriate for use, or available outside India. Those who choose to access this website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. jootavoota.com will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if jootavoota.com receives a order from such states or to be delivered to such states,under such circumstances jootavoota.com retains the right to accept or reject the order.
Fees and Services
Membership on the Website is free. Jootavoota.com does not charge any fee for browsing or accessing any links on the Website. We reserve the right to change its fee policy from time. Unless otherwise stated, all fees shall be quoted in Indian Rupees and you shall be solely responsible for compliance of all applicable laws including those in India for making payments to Jootavoota.com.
User of jootavoota.com can purchase original merchandise –presently only FOOTWEAR from various brands ( collectively “ products”) . The Products can be purchased through the Website by making payment through various methods of payments offered. The sale/purchase of Products shall also be governed by other related policies of sale like ”Return & Refund Policy “ etc elaborated elsewhere on this website ( URL https://www.jootavoota.com/returns-and-refunds.html ) are incorporated here by reference and may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.
Cancellation of order by user or by us.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after you have made payment for the same, the said amount will be reversed back to the account from which payment was made.
In case we receive a cancellation notice from you and the order has not been shipped by us, we shall cancel the order and refund the entire amount, in case payment has already been made. The orders that have already been shipped by us will not be cancelled and you will have to check our return policy for those orders.
Any decision taken by jootavoota.com in respect of cancellation of an order shall be final and binding on you. You hereby agree to not dispute the decision made by jootavoota.com and accept the decision regarding such cancellation.
When You use the Website or send emails or other data, information or interaction with us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
License for limited usage
Subject to these terms of Service Agreement, we grant you a personal, non-transferable and non-exclusive, revocable, limited right and license to access and use the contents of this site and services; provided that this site and the content provided in this site, including, but not limited to, graphic images, audio, video, HTML code, buttons, and text, may not be copied, modified, a derivative work of the site is created, reverse engineered, reproduced, reassembled, republished, uploaded, posted, transmitted, or distributed in any way, or otherwise any attempt to discover the source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the usage of this site and services , unless such activity is expressly permitted or required by law or has been expressly authorized in advance by us in writing except that you may download, display, and print one copy of the materials on any single computer solely for your personal use, and further provided that you keep intact all our copyright, trademark, and other proprietary notices.
You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content.
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper.
You may not upload to, host, display, modify, transmit, update, share, distribute or otherwise publish through this Site any content that:
- is confidential, proprietary, invasive of privacy or publicity rights, infringing on patents, trade marks, copyrights, or other intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, pornographic, paedophilic, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, including, but not limited to any content that encourages conduct that would constitute a criminal offence, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable laws 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;
- harms minors in any way;
- belongs to another person and to which you do not have any right to;
- 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 of prevents investigation of any offence or is insulting to any other nation;
- infringes upon or violates any third party's privacy rights (including without limitation unauthorized disclosure of a person's name, physical address, phone number or email address);
- is designed to impersonate others;
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- interferes with another user's use and enjoyment of the Site or any other individual's user and enjoyment of similar services; or
- may contain software viruses or malware or files or programs designed to interrupt, destroy or limit the functionality of any computer;
- contains advertisements or solicitations of any kind, or other commercial content;
- directly or indirectly, offer for trade, the dealing of any item 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;
- contains messages by non-spokesperson employees of jootavoota.com purporting to speak on behalf of jootavoota.com or containing confidential information or expressing opinions concerning jootavoota.com;
- contains multiple messages placed within individual folders by the same user restating the same point;
- contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
- contains chain letters of any kind; or
- contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.With respect to any content you submit or make available through the Site (other than personal information, which is handled in accordance with the Privacy Notice, you grant jootavoota.com a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Jootavoota.com
You agree that your use of the Site may involuntarily expose you to content that is offensive or obscene which have been posted or transmitted by other users (including unauthorised users such as hackers. etc). It is also possible for others to obtain your personal information which you may have shared during your usage of the Site and use such information to harass or injure you. jootavoota.com does not authorise or approve such unauthorised usage of your information but by using the Site, you acknowledge and agree that jootavoota.com will not be responsible for any third party's use of any of your information which you may have publicly disclosed on the Site. We advise that you exercise caution in disclosing any information on the Site which may become publicly available.
User Certification and warranty
You ,as a user of content ( the content which you submit ) certify that you are authorised to use the content ,being owner or have legal authority to use the content and also guarantee and warrant that there is no infringement upon the intellectual property rights or other rights and also to the best of your knowledge , no legal proceedings (including investigation and suit ) are underway relating to any content ( trade mark, trade name and copy right etc) used by you in connection with services rendered by Jootavoota.com .
Precision Not Assured
We hereby do not assure the exactness as to the finish and appearance of the final product as proposed by the Seller and also as purchased by the buyer. The quality of any products, services, information, or other material purchased or obtained by you through the Website may or may not meet your expectations.
Jootavoota.com does not assure or guarantee the exactness as to the finish and appearance of the final product as ordered by the user. You may not feel fully satisfied sometimes about thequality of products, services, information . At times certain aspects of your order need alteration such as brand, size color etc , due to practical and genuine reasons relating to product difference in size charts of respective brands etc. In this instance , we will send you a mail for approval of alterations. You have every right to reject or accept the requested change by replying within 7 days of receipt of our mail. In case we receive a rejection mail from you , your order will be cancelled and you will be fully refunded .
Third Party Links
Jootavoota.com may contain links to other websites or resources that are operated by third parties and are not under our control not. These links are provided for your convenience and as an additional point of access to the information contained therein. We don’t take any responsibility and are not liable for any content, advertising, products or other materials on or available from such sites or resources. This facility of linking to other sites or resources should not be construed as endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Jootavoota.com is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
Intellectual Property Infringment
Jootavoota.com respects the intellectual property rights of others and we ask our users to do the same. We hereby declare that you will remain the owner of any content that you provide or upload when using our services, including any text, data, information, images, photographs, music, sound, video or any other material . However , when it comes to submission or uploading of these contents with regard to product customisation service ( as against other services like blogs and forums) you expressly agree that by uploading and posting content for public viewing and use of your content by third party users, you accept the user and also grant a non exclusive licence for use of the same. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property right have been otherwise violated, please contact us at firstname.lastname@example.org.
Jootavoota.com and its suppliers and licensors reserve all intellectual property rights on all the contents and materials and also on all products, processes, technology , programs and text appearing on website. It is emphasized that by accessing this website by you, we do not confer and shall not be considered as conferring upon anyone any licence under any of jootavoota.com or any third party’s intellectual property rights. Use of abovementioned , including copying or storing it in whole or part,is prohibited is prohibited without the permission of jootavoota.com. Only exception to this is your usage for your own personal and non-commercial use.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Jootavoota.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
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 jootavoota.com or third party owner of such Content.
You shall indemnify and hold harmless jootavoota.com and (as applicable), affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of the User Agreement, Terms and conditions and Rules and Policies, or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
AS IS condition : The website jootawoota.com is being provided in “AS IS “ condition and without any warranties or guarantees and carries risk associated with the use of website which you must bear.
While we try to ensure that material included on website is correct and of high quality ,it cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the website.
This disclaimer does not apply to any product warranty if any, offered for product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
To the fullest extent permitted under applicable law, jootavoota.com or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of jootavoota.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you.
jootavoota.com its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Jootavoota.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruptions ( which may occur during periodic maintenance or any unplanned suspension of access due to technical reasons or for any reason beyond our control ) , or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Jootavoota.com’s discretion.
Title and risk of loss for all products ordered by you shall pass on to you upon jootavoota.com’s shipment to the shipping carrier.
If any portion of this agreement shall be held invalid by court of competent jurisdiction the remaining portions of the agreement shall remain in effect. Where modification to reflect intent or provide clarification to the service terms is allowed for any invalidated portion, such remedy shall be made first before any clause is held null and void.
This User Agreement is effective unless and until terminated by either you or jootavoota.com. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post, that you no longer wish to be associated with this website, provided that you discontinue any further use of this Website.
Jootavoota.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to jootavoota.com. Upon any termination of the User Agreement by either you or jootavoota.com, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Jootavoota.com's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Zappy Lifestyle Private Ltd. and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in New Delhi. The High Court of judicature at Delhi i alone shall have the jurisdiction and the Laws of India shall apply.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation Of Number And Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to email@example.com.
Mr. Sumit Makkar
Zappy Lifestyle Private Limited
G-6 , Amba Tower, D.C. Chowk, Sector -9, Rohini,
Phone: +91 9015 707 707
Email: : firstname.lastname@example.org
Time: Mon - Sat (09:00 - 18:00)
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.