1.1. Thank you for visiting the www.jbmcrackers.in By accessing or using www.jbmcrackers.in website or the mobile application or any other media (“Website”), whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein you (“User”) agree to be bound by these Terms and Conditions (“Terms”) and any additional terms and conditions of third party sellers (“Sellers”).
1.2. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by jbmcrackers.in Policies (including but not limited to Privacy Policy available at www.jbmcrackers.in/privacy-policies as amended from time to time. If you do not want to be bound by the Terms, you must not subscribe to or use our services. We encourage our users to read these Terms carefully while using the Website.
1.3. In these Terms, references to “you”, “User” shall mean the end user/customer accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers or Sellers, and references to the “Website”, “jbmcrackers”, “jbmcrackers.in”, “we”, “us” and “our” shall mean the Website and/or JBM Crackers, its affiliates and partners (as applicable).
1.4. The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User. These Terms are made available to the User pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules, regulations, privacy policy and Terms for access or usage of the Website
1.5. 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.
1.6. 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.
1.7. The Website is operated by JBM Crackers, a company incorporated under the laws of India having its operating office at Sivakasi. All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
1.8. This Website may also contains links to other websites, which are not operated by the Website, and the Website has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.
1.9. We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified.
1.10. These Terms will continue to apply until terminated by either you or jbmcrackers.in in accordance with the terms set out below:
1.10.1. The agreement with jbmcrackers.in can be terminated by (i) not accessing the Website; or (ii) closing Your Account, if such option has been made available to you.
1.10.2. The above clause shall also apply to any additional Terms applicable to the use of the Website and jbmcrackers.in reserves the right to terminate access to the Website (including any services offered as part thereof);
1.10.3. Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of this agreement.
Eligibility to use
2.1. Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website.
2.2. Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.
2.3. The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.
2.4. By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
Accounts, Password & Security
3.1. Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
3.2. If you wish to register yourself with the Website, you shall be required to create an account by registering through Facebook or your email account or by filling in the details prescribed in the Website registration form. You will then receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. jbmcrackers.in cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
3.3. If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
3.4. If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
3.5. The Website may be inaccessible for such purposes as it may, at its sole discretion deem necessary, including but not limited to regular maintenance. However, under no circumstances will jbmcrackers.in be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against jbmcrackers.in in this regard.
3.6. Users of the Website may be required to provide certain person information and expressly permit the Website from accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the personal information of the Users shall be subject to the Website’s privacy policy available at www.jbmcrackers.in/privacy_policy
Products
4.1. All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.
4.2. jbmcrackers.in hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
4.3. Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.
Jurisdictional Issues
Unless otherwise specified, the products/items listed on the Website are solely for the purpose of delivery in India. The Website shall under no circumstance be held liable for use or availability of Products for use in locations/countries other than India.
User Protection Program
1. The Website’s User protection program provides for resolution of disputes to the User to successfully resolve a dispute regarding refund or replacement or non-delivery of a Product.
2. In such an eventuality, the User can write to info@jbmcrackers.in if the issue remains unresolved.
3. The Website’s Users support team shall provide reasonable assistance and take such relevant actions, at its sole discretion may deem fit.
