TERMS AND CONDITIONS
MagicJini Enterprise is the licensed owner of the brand
MagicJini.com and the website www.MagicJini .com (”The Site”). MAGICJINI
ENTERPRISE respects your privacy. This Privacy Policy provides succinctly the
manner your data is collected and used by MAGICJINI ENTERPRISE on the Site. As
a visitor to the Site/Customer you are advised to please read the Privacy
Policy carefully. By accessing the services provided by the Site, you agree to
the collection and use of your data by MAGICJINI ENTERPRISE in the manner
provided in this Privacy Policy.
SERVICES OVERVIEW
As part of the
registration process on the Site, MAGICJINI ENTERPRISE may collect the
following personally identifiable information about you: Name including first
and last name, alternate email address, mobile phone number and contact
details, Postal code, Demographic profile (like your age, gender, occupation,
education, address etc.) and information about the pages on the site you
visit/access, the links you click on the site, the number of times you access
the page and any such browsing information.
As the services or
offerings evolve, the types of information MagicJini collects may change. Please check this policy
frequently for the most current explanation of MagicJini date practices.
ELIGIBILITY
Services of the Site
would be available to only select geographies in India. 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
Site. If you are a minor i.e. under the age of 18 years but at least 13 years
of age you may use the Site only under the supervision of a parent or legal
guardian who agrees to be bound by these Terms of Use. If your age is below 18
years your parents or legal guardians can transact on behalf of you if they are
registered users. You are prohibited from purchasing any material which is for
adult consumption and the sale of which to minors is prohibited.
LICENSE & SITE
ACCESS
MAGICJINI
ENTERPRISE grants you a limited sub-license to access and make personal use of
this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of MAGICJINI ENTERPRISE.
This license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of MAGICJINI ENTERPRISE You may not frame or
utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of the Site or of
MAGICJINI ENTERPRISE and its affiliates without express written consent. You
may not use any Meta tags or any other "hidden text" utilizing the
Site’s or MAGICJINI ENTERPRISE's name or trademarks without the express
written consent of MAGICJINI ENTERPRISE Any unauthorized use terminates the
permission or license granted by MAGICJINI ENTERPRISE.
ACCOUNT &
REGISTRATION OBLIGATIONS
All registered users
have to keep their account and registration details current and correct for
communications related to their purchases from the site. By agreeing to the
terms and conditions, the shopper agrees to receive promotional communication
and newsletters upon registration. The customer can opt out either by
unsubscribing in "My Account" or by contacting the customer service.
PRICING
All the products
listed on the Site will be sold at MRP unless otherwise specified. The prices
mentioned at the time of ordering will be the prices charged on the date of the
delivery. Although prices of most of the products do not fluctuate on a daily
basis but some of the commodities and fresh food prices do change on a daily
basis. In case the prices are higher or lower on the date of delivery no
additional charges will be collected or refunded as the case may be at the time
of the delivery of the order.
DELIVERY GUIDELINES
Delivery of your packets are
attempted by our shipping partners from 11:30 hours onward and we take time to
deliver the packets till 20:00 hours of the scheduled date. We deliver only on
weekdays i.e. from Monday to Saturday. We have not yet started delivering on
Sunday and public holidays in India. We make two attempts to deliver the
packets at the customer's registered address. For any packets which are not
delivered by our shipping partners after two attempts, will return to the
origin. In such case, MagicJini will not
be liable for undelivered orders. No refunds or cancellations will be allowed. Change of address OR PIN
code OR phone numbers to be sent to contact@MagicJini .com from the registered
email ID of the customer withing 2 hours of placing of the orders to MagicJini .
Any such communication received after the orders are dispatched from the origin
can not be honored. In such case, MagicJini will not be liable for undelivered orders if
the address (with PIN code) provided by the customer is incorrect.
YOU AGREE AND
CONFIRM
1. That in the
event that a non-delivery occurs on account of a mistake by you (i.e. wrong
name or address or any other wrong information) any extra cost incurred by
MAGICJINI ENTERPRISE for redelivery shall be claimed from you.
2. That you will use the services provided by the Site, its affiliates,
consultants and contracted companies, for lawful purposes only and comply with
all applicable laws and regulations while using and transacting on the Site.
3. You will provide authentic and true information in all instances where such
information is requested of you. MAGICJINI ENTERPRISE reserves the right to
confirm and validate the information and other details provided by you at any
point of time. If upon confirmation your details are found not to be true
(wholly or partly), it has the right in its sole discretion to reject the
registration and debar you from using the Services and / or other affiliated
websites without prior intimation whatsoever.
4. That you are accessing the services available on this Site and transacting
at your sole risk and are using your best and prudent judgment before entering
into any transaction through this Site.
5. That the address at which delivery of the product ordered by you is to be
made will be correct and proper in all respects.
6. That before placing an order you will check the product description
carefully. By placing an order for a product you agree to be bound by the
conditions of sale included in the item's description.
1. Disseminating
any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar,
obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal
offence or results in civil liability or otherwise breaches any relevant laws,
regulations or code of practice.
3. Gaining unauthorized access to other computer systems.
4. Interfering with any other person's use or enjoyment of the Site.
5. Breaching any applicable laws.
6. Interfering or disrupting networks or web sites connected to the Site.
7. Making, transmitting or storing electronic copies of materials protected by
copyright without the permission of the owner.
We have made
every effort to display the colours of our products that appear on the Website
as accurately as possible. However, as the actual colours you see will depend
on your monitor, we cannot guarantee that your monitor's display of any colour
will be accurate.
MAGICJINI
ENTERPRISE may at any time modify the Terms & Conditions of Use of the
Website without any prior notification to you. You can access the latest
version of these Terms & Conditions at any given time on the Site. You
should regularly review the Terms & Conditions on the Site. In the event
the modified Terms & Conditions is not acceptable to you, you should
discontinue using the Service. However, if you continue to use the Service you
shall be deemed to have agreed to accept and abide by the modified Terms &
Conditions of Use of this Site.
This User
Agreement shall be construed in accordance with the applicable laws of India.
The Courts at Kolkata 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 MAGICJINI ENTERPRISE 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 Kolkata. The High Court of judicature at
Kolkata alone shall have the jurisdiction and the Laws of India shall apply.
All reviews,
comments, feedback, postcards, suggestions, ideas, and other submissions
disclosed, submitted or offered to the Site on or by this Site or otherwise
disclosed, submitted or offered in connection with your use of this Site
(collectively, the "Comments") shall be and remain the property of
MAGICJINI ENTERPRISE. Such disclosure, submission or offer of any Comments
shall constitute an assignment to MAGICJINI ENTERPRISE of all worldwide
rights, titles and interests in all copyrights and other intellectual
properties in the Comments. Thus, MAGICJINI ENTERPRISE owns exclusively all
such rights, titles and interests and shall not be limited in any way in its
use, commercial or otherwise, of any Comments. MAGICJINI ENTERPRISE will be
entitled to use, reproduce, disclose, modify, adapt, create derivative works
from, publish, display and distribute any Comments you submit for any purpose
whatsoever, without restriction and without compensating you in any way.
MAGICJINI ENTERPRISE is and shall be under no obligation (1) to maintain any
Comments in confidence; (2) to pay you any compensation for any Comments; or
(3) to respond to any Comments. You agree that any Comments submitted by you to
the Site will not violate this policy or any right of any third party,
including copyright, trademark, privacy or other personal or proprietary
right(s), and will not cause injury to any person or entity. You further agree
that no Comments submitted by you to the Website will be or contain libelous or
otherwise unlawful, threatening, abusive or obscene material, or contain
software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings or any form of "spam". MAGICJINI ENTERPRISE does not regularly review posted Comments, but does reserve the right (but not
the obligation) to monitor and edit or remove any Comments submitted to the
Site. You grant MAGICJINI ENTERPRISE the right to use the name that you submit
in connection with any Comments. You agree not to use a false email address,
impersonate any person or entity, or otherwise mislead as to the origin of any
Comments you submit. You are and shall remain solely responsible for the
content of any Comments you make and you agree to indemnify MAGICJINI
ENTERPRISE and its affiliates for all claims resulting from any Comments you
submit. MAGICJINI ENTERPRISE and its affiliates take no responsibility and
assume no liability for any Comments submitted by you or any third party.
MAGICJINI
ENTERPRISE, its suppliers and licensors expressly reserve all intellectual
property rights in all text, programs, products, processes, technology, content
and other materials, which appear on this Site. Access to this Website does not
confer and shall not be considered as conferring upon anyone any license under
any of MAGICJINI ENTERPRISE or any third party's intellectual property rights.
All rights, including copyright, in this website are owned by or licensed to
MAGICJINI ENTERPRISE Any use of this website or its contents, including
copying or storing it or them in whole or part, other than for your own
personal, non-commercial use is prohibited without the permission of MAGICJINI
ENTERPRISE You may not modify, distribute or re-post anything on this website
for any purpose. The names and logos and all related product and service names,
design marks and slogans are the trademarks or service marks of MAGICJINI
ENTERPRISE, its affiliates, its partners or its suppliers. All other marks are
the property of their respective companies. No trademark or service mark
license is granted in connection with the materials contained on this Site.
Access to this Site does not authorize anyone to use any name, logo or mark in
any manner. References on this Site to any names, marks, products or services of
third parties or hypertext links to third party sites or information are
provided solely as a convenience to you and do not in any way constitute or
imply MAGICJINI ENTERPRISE endorsement, sponsorship or recommendation of the
third party, information, product or service. MAGICJINI ENTERPRISE is not
responsible for the content of any third party sites and does not make any
representations regarding the content or accuracy of material on such sites. If
you decide to link to any such third party websites, you do so entirely at your
own risk.All materials, including images, text, illustrations, designs, icons,
photographs, programs, music clips or downloads, video clips and written and
other materials that are part of this Website (collectively, the
"Contents") are intended solely for personal, non-commercial use. You
may download or copy the Contents and other downloadable materials displayed on
the Website for your personal use only. No right, title or interest in any
downloaded materials or software is transferred to you as a result of any such
downloading or copying. You may not reproduce (except as noted above), publish,
transmit, distribute, display, modify, create derivative works from, sell or
participate in any sale of or exploit in any way, in whole or in part, any of
the Contents, the Website or any related software. All software used on this
Website is the property MAGICJINI ENTERPRISE or its licensees and suppliers and
protected by Indian and International copyright laws. The Contents and software
on this Website may be used only as a shopping resource. Any other use,
including the reproduction, modification, distribution, transmission,
republication, display, or performance, of the Contents on this Website is
strictly prohibited. Unless otherwise noted, all Contents are copyrights,
trademarks, trade dress and/or other intellectual property owned, controlled or
licensed by MAGICJINI ENTERPRISE, one of its affiliates or by third parties
who have licensed their materials to MAGICJINI ENTERPRISE and are protected by
Indian and International copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all Contents on this Website is the
exclusive property MAGICJINI ENTERPRISE and is also protected by Indian and
International copyright laws.
You understand
that by using this Site or any services provided on the Site, you may encounter
Content that may be deemed by some to be offensive, indecent, or objectionable,
which Content may or may not be identified as such. You agree to use the Site
and any service at your sole risk and that to the fullest extent permitted
under applicable law, MAGICJINI ENTERPRISE and its affiliates shall have no
liability to you for Content that may be deemed offensive, indecent, or
objectionable to you.
You agree to
defend, indemnify and hold harmless MAGICJINI ENTERPRISE, its employees,
directors, officers, agents and their successors and assigns from and against
any and all claims, liabilities, damages, losses, costs and expenses, including
attorney's fees, caused by or arising out of claims based upon your actions or
inactions, which may result in any loss or liability to MAGICJINI ENTERPRISE or any third party including but not limited to breach of any warranties,
representations or undertakings or in relation to the non-fulfilment of any of
your obligations under this User Agreement or arising out of the your violation
of any applicable laws, regulations including but not limited to Intellectual
Property Rights, payment of statutory dues and taxes, claim of libel,
defamation, violation of rights of privacy or publicity, loss of service by
other subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this User Agreement.
This User
Agreement is effective unless and until terminated by either you or MAGICJINI
ENTERPRISE You may terminate this User Agreement at any time, provided that
you discontinue any further use of this Site. MAGICJINI ENTERPRISE may
terminate this User Agreement at any time and may do so immediately without
notice, and accordingly deny you access to the Site, Such termination will be without
any liability to MAGICJINI ENTERPRISE Upon any termination of the User
Agreement by either you or MAGICJINI ENTERPRISE, 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 User Agreement or otherwise.
MAGICJINI ENTERPRISE'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.
