These are the terms and conditions governing your use of the website http://www.Johareez.com/ (herein after referred to as "the Site") constitutes your binding obligations towards Johareez.com (hereinafter referred to as Johareez.com) ("User Agreement ").
This Agreement is effective upon acceptance in registration for new registering users, Johareez.com may amend the User Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective thirty days after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. In addition, we will notify you in accordance with your Notification Preferences.
- 1. Membership Eligibility
Use of the Site 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 minors‚ un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years‚ you cannot register as a member of the Site and cannot purchase or bid for any items on the Site. If you wish to purchase an item on the Site such purchase may be made by your legal guardian or parents who have registered as users of the Site.
Johareez.com reserves the right to terminate your membership and refuse to provide you with access to the Site immediately without liability and without cause. Johareez.com may also terminate this User Agreement if (i) if Johareez.com discovers that you are under the age of 18 years (ii) Johareez.com being of the view that risks involved in continuing with the User Agreement outweigh the benefits or in the event of Johareez.com receiving any customer complaints about any registered member. The Site is not available to persons whose membership has been suspended or terminated by Johareez.com.
- 2. Your Account and Registration Obligations
If you use the Site‚ you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer‚ and you agree to accept responsibility for all activities that occur under your account or Password.
You agree to:
- Provide true‚ accurate‚ current and complete information about yourself as prompted by Johareez.com's registration form (such information being the "Registration Data")
- You must not include any of your contact details such as email addresses etc in your username; and
- Maintain and promptly update the Registration Data to keep it true‚ accurate, current and complete. If you provide any information that is untrue‚ inaccurate‚ not current or incomplete or Johareez.com have reasonable grounds to suspect that such information is untrue‚ inaccurate‚ not current or incomplete‚ or not in accordance with the User Agreement‚ Johareez.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
- 3. Electronic Communications
When you visit the Site or send emails to us‚ you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements‚ notices‚ disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- 4. Monitoring
Johareez.com shall have the right‚ but not the obligation, to monitor the content of Johareez.com‚ to determine compliance with this Agreement and any operating rules established by Johareez.com and to satisfy any law‚ regulation or authorized government request. Johareez.com shall have the right in its sole discretion to edit‚ refuse to post or remove any material posted on Johareez.com.
- 5. Privacy
- 6. Paysignet
Payments for items on the Site can be made through the online payment facility provided by Paysignet. At present Paysignet supports Credit Card Payments (Visa, MasterCard and Online Bank Transfers. Currently Online Bank Transfers can be done through the Internet banking services of several leading banks‚ including ICICI Bank - Infinity‚ UTI Bank - iConnect‚ IDBI Bank - inetbanking‚ HDFC Bank - DirectPay
By using Paysignet you agree to be bound by the terms and conditions governing the use of Paysignet. By providing an online payment facility on the Site through Paysignet‚ Johareez.com is merely facilitating the making of online payments by buyers as per their contractual obligations for the items purchased on the site.
- 7. Auction Glitches
Johareez.com will offer 100% risk free auctions‚ safe when a technical glitch prevents that from happening. In such a case‚ Johareez.com reserves the right to stop‚ restart, or cancel any auction at any time‚ including before‚ during and after. Any and all funds received during a glitch auction‚ will be returned by Johareez.com to the customer if no merchandise is shipped.
It is in the best interest of all bidders to print a copy or write down the listing number of each auction. In the case your auction was affected by a glitch‚ without the listing number there will be no way to investigate the situation. It is the sole responsibility of the user to maintain the auction listing number or numbers.
- 8. Your Transactions and Obligations
All bids (under the Auction format) and all purchases (under the fix price format) on the Site are a firm commitment to purchase. If you are the purchaser/highest bidder for any item and your purchase/ bid is accepted as winning buyer‚ you are obligated to complete the transaction with the Site. An action to purchase or bids may be increased in price or volume later but may not be withdrawn. Purchases/Bids cannot be canceled. By purchasing/bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful.
By entering into this User Agreement and bidding on a product‚ the customer agrees to complete the transaction. In which case‚ the customer will be held accountable if they do not fulfill this obligation. If payment is not made, bidding privileges may be subject to suspension and Johareez.com maintains the right to cancel outgoing invoices at their own discretion. Reasons for such actions include but are not limited to multiple non-pays of auctions won‚ unresolved chargeback issues‚ an undeliverable address, or the refusal to pay custom fees. Johareez.com reserves the right to demand payment if customer has more than 10 unpaid items in their account or if the total amount of auctions won‚ exceeds Rs. 5000. To avoid this situation please pay on time.
Johareez.com strongly advises you not to test the site with false bids/purchases‚ as it will put you at substantial personal legal risk. It is a crime to use a false name‚ other false personal information or a known invalid Credit Card to bid. Willfully entering erroneous or fictitious bids may result in prosecution by Johareez.com.
As a Winning buyer you must contact us within 72 hours of auction closing successfully.
In the event of Dual Winning Buyers displayed online for a Single Auction‚ the User who has received the Winning Email will be the rightful Winning buyer and beyond that there is no liability. Please be aware that even if you do not give Johareez.com your real name‚ your Web browser transmits a unique address to us‚ which can be used by law enforcement officials to identify you.
- 9. Priority in Bidding
In order to qualify and be identified as a successful bid‚ the following priority parameters will be followed:
- Price: The higher price bids always supersedes the lower price bids;
- Quantity: Between bids of the same price‚ the bid for the higher quantity shall supersede;
- Time: Between bids of the same price and for the same quantity‚ the bid which was placed prior in point of time shall supersede.
Johareez.com's decision on the success or otherwise of a bid shall be final and binding. It reserves the right to reject or void bids‚ whether winning or not‚ that it deems not to have been made in good faith‚ or that are restricted or prohibited.
- 10. Auction Close
An auction will be considered as successfully closed if it receives at least one bid prior to the Auction End Date i.e. the date and time (as specified in that particular auction) beyond which bids shall not be accepted. Notwithstanding the foregoing, a reserve auction will be considered as successfully closed if at least one bid above the Reserve Price is received prior to the Auction End Date. Immediately after any auction is successfully closed an e-mail is sent to the Winning bidder to enable them to get in touch with Johareez.com to fulfill the transaction.
- 11. Trademarks
Johareez.com's logos are trademarks of Johareez.com and any of its subsidiaries. All rights reserved. All other trademarks appearing on Johareez.com are the property of their respective owners.
- 12. Limitation of Liability
In no event shall Johareez.com or its suppliers be liable for any direct‚ indirect‚ incidental‚ special‚ incidental‚ 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 Site‚ its services or this agreement (however arising, including negligence). Johareez.com's liability in any circumstance is limited to the amount of fees‚ if any‚ paid by you to Johareez.com. Johareez.com‚ its associates and technology partners make no representations or Warranties about the accuracy‚ reliability‚ completeness‚ correctness and/or timeliness of any content‚ information‚ software‚ text‚ graphics‚ links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently‚ Johareez.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- The delay‚ failure‚ interruption‚ or corruption of any data or other information transmitted in connection with use of the Site; and/or
- Any interruption or errors in the operation of the Site. You expressly understand and agree that Johareez.com shall not be liable for any direct‚ indirect‚ incidental‚ special‚ consequential or exemplary damages‚ including but not limited to‚ damages for loss of profits‚ goodwill‚ use‚ data or other intangible losses (even if Johareez.com has been advised of the possibility of such damages).
- 13. Indemnity
You agree to indemnify and hold us and (as applicable) our parent‚ subsidiaries‚ affiliates‚ officers‚ directors‚ agents‚ and employees‚ harmless from any claim or demand‚ including reasonable attorneys' fees‚ made by any third party due to or arising out of your breach of the User Agreement or the documents it incorporates by reference‚ or your violation of any law or the rights of a third party.
- 14. Relationship and Notice
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Johareez.com and you shall have no authority to bind Johareez.com in any manner whatsoever. Except as explicitly stated otherwise‚ any notices shall be given by postal mail to Johareez.com Attn: Legal Department at 301 - Varun 2‚ Raheja Township‚ Malad (East)‚ Mumbai: - 400 097 (in the case of Johareez.com) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent‚ unless the sending party is notified that the email address is invalid. Alternatively‚ we may give you notice by certified mail‚ shipping prepaid and return receipt requested‚ to the address provided to us during the registration process. In such case‚ notice shall be deemed given 3 days after the date of mailing.
- 15. Arbitration
If any dispute arises between you and Johareez.com during your use of the Site or thereafter‚ in connection with the validity‚ interpretation‚ implementation or alleged breach of any provision of the User Agreement‚ the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Johareez.com. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act‚ 1996‚ shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
- 16. Governing Law
The User Agreement shall be governed and construed in accordance with the laws of India.