Terms


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.

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.jxtapose.com website.

 

The domain name www.jxtapose.com (hereinafter referred to as "Website") is owned by JUXTAPOSE CREATIVE SERVICES AND SPACES PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 having its registered office at E-15, ROLLING HILLS, OPP RAMKY TOWERS, GACHIBOWLI, Hyderabad-500032, India (hereinafter referred to as "Jxtapose/Company").

 

Your use of the Website its services and tools are governed by the following terms and conditions ("Terms of Use") as Applicable to the website including the Applicable policies which are incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are Applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with JUXTAPOSE CREATIVE SERVICES AND SPACES PRIVATE LIMITED and these terms and conditions including the policies constitute your binding obligations, with the Company.

 

When you use any of the services provided by us through the Website, you will be subject to the rules, guidelines, policies, terms, and conditions Website to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

The use of this Website and any related mobile or software Applications including, but not limited to, delivery of information through the Website whether existing now or in the future is governed by this Terms of Use and any policy so mentioned by these Terms. Moving past home page, or using any of the services shall be taken to mean that you have read and agreed to be bound by all of these terms and any policies mentioned herein.

 

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THE SET TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. 


By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Company’s Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.


In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein would prevail.

 

DEFINITIONS


The following definitions apply to the terms and conditions set out below that govern these terms of use-

  • "We", "us", "our", “the Company” shall refer to JUXTAPOSE CREATIVE SERVICES AND SPACES PRIVATE LIMITED (owner of Jxtapose)
  • "the Website " means www.jxtapose.com("we", "us", "jxtapose") and includes all technologies and intellectual property associated to the same;
  • “You”or "User" shall mean any natural or legal person who has agreed to avail the services provided by us;

 

SERVICES OF JXTAPOSE

 

USER(S) ELIGIBILITY

 

User(s) means any person, who uses and has the right to use the Services provided by Jxtapose. Our Services are available only to those persons who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i. e. user(s) must be at least 18 years of age to be eligible to use our Services.

Jxtapose advises its users that while accessing the Website, they must follow/abide by the related laws. Jxtapose is not responsible for the possible consequences caused by your behavior during use of the Website. Jxtapose may, in its sole discretion, refuse the service to anyone at any time.

USER(S) AGREEMENT

 

This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the Website for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this website solely for their own personal or internal purposes.

This agreement applies to all the Services offered on the website, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.

 

TERM

 

This Agreement shall continue to be in full force and effect as long as you access and use the Website.

 

TERMINATION

 

We reserve the right, in our sole discretion, to terminate your access to the products and services offered on the Website or any portion thereof at any time, without notice.

 

COMMUNICATIONS

 

By using this website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from us at any time with the use of the contact information that has been provided by you for the use of the website which are subject to the Privacy Policy. This includes contacting you through information received through other parties. This consent to be contacted is for purposes that include and are not limited to clarification, marketing and promotional calls, e-mails and messages. In case you wish to stop being contacted by Us for the same, you may send us an e-mail to the effect at forms@jxtapose.com

 

You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.

The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out Your contact information to third parties not connected with the Website.

 

SECURITY

 

Transactions on the website are secure and protected. Any information you enter when transacting with the website is encrypted to protect you against unintentional disclosure to third parties. This is an assurance that the best security practices adopted by major online vendors where all payments are processed in real-time for your security and immediate peace of mind. Credit card and Debit card information is not stored by us and is not taken by us. This information is taken directly by the payment gateway provided who is authorized and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

 

USER OBLIGATIONS

 

The customer shall ensure that he/she will not indulge in any of the following activities while availing the service:

 

You warrant, undertake and guarantee to us:

  1. You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.

  2. You agree not to access (or attempt to access) the website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content to us.

  3. In places where this Website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws.

  4. You shall not impersonate any other party, create or use an account for anyone other than yourself, provide an email address other than your own or create multiple accounts except as otherwise authorized by us, or provide or use false information that you are not legally entitled to claim.

  5. Further, You undertake not to:
    1. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
    2. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
    3. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    4. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    5. Post any file that infringes the copyright, patent or trademark of other legal entities.
    6. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
    7. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
    8. Probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to the Website, or any other customer of the Website, including any Website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
    9. Disrupt or interfere with the security of, or otherwise cause harm to the website, systems resources, accounts, passwords, servers or networks connected to or accessible through the website or any affiliated or linked apps;
    10. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
    11. Use the website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
    12. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
    13. Violate any applicable laws or regulations for the time being in force within or outside India;
    14. Violate the Terms of Use including but not limited to any applicable Additional Terms of the website contained herein or elsewhere;
    15. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
    16. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
    17. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
    18. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of 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.
    19. Create liability for Us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
    20. You shall not engage in advertising to, or solicitation of, other Users of the website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the website. It shall be a violation of these Terms of Use to use any information obtained from the App in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent.

We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

 

SUSPENSION OF USER ACCESS AND ACTIVITY

 

Notwithstanding other legal remedies that may be available to us, we may in our sole discretion limit user access and/or activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the website.

  • If the User is in breach any of the terms and conditions of this Agreement;
  • If the User has provided wrong, inaccurate, incomplete or incorrect information;
  • If your actions may cause any harm, damage or loss to the other users or to us.

 

INDEMNITY AND LIMITATIONS

 

You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns 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 the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement 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 Agreement.

In no event shall we be liable to you, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the website, services or materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

 

INTELLECTUAL PROPERTY RIGHTS

  1. Unless we have otherwise agreed, nothing herein gives the user a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of this Agreement. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are a property of the Company. Furthermore, with respect to the Website created by the company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
  2. You may not use any of our intellectual property in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us in any way.
  3. You further acknowledge that the website or Services may contain information which is designated as confidential by us and that you shall not disclose such information without our prior written consent.
  4. We do not warrant or represent that your use of any content or materials displayed on the website will not infringe rights of third parties not affiliated with us. You agree to immediately notify us upon becoming aware of any claim that any content on the  website or any Services infringe upon any intellectual property of any party including but not limited to copyright, trademark, or other contractual, statutory, or common law rights.

 

DISLAIMER OF WARRANTIES AND LIABILITIES

  1. Except as otherwise expressly stated with respect to our products, all contents of the website are offered on an "as is" basis without any warranty whatsoever either express or implied.
  2. All the content on this website is for informational purposes only.
  3. We make no representations, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose.
  4. You agree and undertake that you are accessing the website and transacting at Your sole risk and are that You are using your best and prudent judgment before accessing or using any information on the website.
  5. The website and the Company accept no liability for any errors or omissions, whether on behalf of itself or third parties.
  6. We do not guarantee the functions contained in the website will be uninterrupted or error-free, that this website or its server will be free of viruses or other harmful components, or defects will be corrected even if we are aware of them.

 

CONTENT AND SUBMISSIONS

 

DISPUTE RESOLUTION AND JURISDICTION

 

The formation, interpretation and performance of this Agreement and any disputes arising out of it will be resolved through a two-step Alternate Dispute Resolution mechanism.

  1. Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole mediator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The parties in good faith will attempt to bind by the decision.
  2. Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration proceedings shall be presided over by a Sole Arbitrator, to be appointed by the Company. The arbitration shall take place at Hyderabad, Telangana, India and shall be conducted in English. The award as the outcome of the arbitration is final and binding on both parties.

In the event of the dispute resolution mechanism failing, the matter shall be governed by the law, rules and regulations of Hyderabad, Telangana, India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Hyderabad, Telangana, India, and you hereby submit to the personal jurisdiction of such courts.

 

MISCELLANEOUS PROVISIONS

  1. Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between you and us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
  2. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
  3. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL JXTAPOSE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

 

DISCLAIMER

 

The information contained in this website is for general information purposes only. The information is provided by Jxtapose and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Every effort is made to keep the portal up and running smoothly. However, Jxtapose takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control.

 

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