Terms Of Use

INTELLECTUAL PROPERTY RIGHTS

The “DIGITAL JELLIES“, name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks of Digital Jellies. All other Marks provided on the Site 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 Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of Digital Jellies or others, are the intellectual property of their respective owners, and Digital Jellies shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

Digital Jellies and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of Digital Jellies and is protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial 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, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (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 Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the homepage of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless Digital Jellies explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Digital Jellies, any of its affiliates or by third parties who have licensed their materials to Digital Jellies and are protected by Indian copyright laws and international treaties.

LIMITED LICENSE

Digital Jellies grants you limited, non-exclusive, non-transferable, non-sub licensable license to access, and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Site and its affiliates.

Digital Jellies reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access to the Site.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

The site is presented “As is.” neither we nor our holding, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

You agree that, to the fullest extent permitted by applicable law, neither we nor our holding, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of Digital Jellies. We make no representations or warranties that defects or errors will be corrected.

Further, to the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.
You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the site, termination of your use of the site is your sole remedy. We have no other obligation, liability, or responsibility to you.

This disclaimer constitutes an essential part of this Terms of Use.

LINKS AND THIRD PARTY SITES

References on the 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. This does not in any way constitute or imply Digital Jellies endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Digital Jellies and those third parties.
Digital Jellies 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. Digital Jellies does not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the site.

TERMINATION

These terms of use are effective unless and until terminated by either you or Digital Jellies. You may terminate the terms of use at any time, provided that you discontinue any further use of this site. Digital Jellies may terminate the terms of use at any time and may do so without notice, and accordingly deny you access to the site, such termination will be without any liability to the site.
Upon any termination of the terms of use by either you or Digital Jellies, 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 terms of use or otherwise. Any such termination of the terms of use shall not cancel your obligation to pay for the product already ordered from the site or affect any liability that may have arisen under the terms of use.

INDEMNITY

You agree to defend, indemnify and hold harmless Digital Jellies, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors 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 Digital Jellies or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the Terms of Use, 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 the Terms of Use.

GOVERNING LAW AND JURISDICTION

The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Hyderabad shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually 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 seat and venue of arbitration shall be held in Hyderabad.
Digital Jellies shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

• Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, “Flooding,” “Spamming,” “Mail bombing” or “Crashing;”
• Sending unsolicited email, including promotions and/or advertising of products or services; or
• Forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability
• Digital Jellies is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than the search engine and search agents available from Digital Jellies on this site and other than generally available third party web browsers (e.G., netscape navigator, microsoft explorer).

ENTIRE AGREEMENT

If any part of these terms of use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms of use shall continue to be in effect. Unless otherwise specified herein, these terms of use constitutes the entire agreement between you and Digital Jellies with respect to the site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

Digital Jellies’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

GENERAL

You acknowledge and hereby agree to these terms and conditions and that it constitute the complete and exclusive agreement between us concerning your use of the site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/ alter/ modify these terms and conditions at any time by posting the changes on the site. Any changes are effective immediately upon posting to the site. Your continued use of the site thereafter constitutes your agreement to all such changed terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these terms and conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the site.

CONTACT INFORMATION:
E-mail id: contact@digitaljellies.com