Last updated: March 03, 2023
THIS DOCUMENT IS AN ELECTRONIC RECORD UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
1.1 The Platform is owned and operated by JSW One Platforms Limited (“JSW One”), whose registered office is at 6th Floor, JSW Centre Bandra Kurla Complex Bandra (East), Mumbai - 400051.
(a) “Affiliate” shall mean, with respect to each party, any person or entity directly or indirectly through one or more intermediary Controlling, Controlled by, or under direct or indirect common Control with a party. “Control”, “Controlled” or “Controlling” shall mean, with respect to any person or entity, any circumstance in which such person or entity is controlled by another person or entity by virtue of the latter person or entity controlling the composition of the board of directors or managers or owning the largest or controlling percentage of the voting securities of such person/entity or otherwise controlling the other;
(b) “Platform” shall mean this internet based e-commerce services platform https://jswonehomes.com/ and/or an application, website and/or web-page (including but not limited to any web app, marketing landing page(s), and/or iOS/Android app or any other app that the buyer may be using to access/communicate with JSW One) (“Platform”), owned and/or operated, directly or indirectly, by JSW One;
(c) “GST” means the goods and service tax as levied under the Central Goods and Services Tax Act and Rules (CGST), Integrated Goods and Services Tax Act and Rules (IGST), State Goods and Services Tax Acts and Rules (SGST) levied by the States, Union Territory Goods and Services Tax Act and Rules (UTGST) levied by the Union Territories, and all allied cesses, duties and taxes;
(d) “KYC Documents” means such ‘know your customer’ documents as may be required to be submitted to JSW One from time to time;
(e) “Profile” means the individually identifiable profile of User created at the time of registering on the Platform;
(f) “Transaction” means the process of booking and availing Services (defined hereinafter);
(g) “User Content” means content including data or information of You, including Your rating, comments, reviews in relation to the services offered or the Platform, suggestions, questions or other information and includes any material that is generated, as a whole or in part, on the Platform, including, communication between Users, analytics and reports, trends, patterns, notes, messages, emails, designs, catalogues, posts and other communication that Users provide or receive, through Platform and any other project related information and documentation shared with the User;
(h) “We”, “Us”, “Our”, or “JSW One” means JSW One or any of its subsidiaries or Affiliates; and
(i) “You” or “User/s” means a legal person who is given access to use the Platform for the purpose of availing services on the Platform.
(j) “Contractors” or “Service Providers” means the independent third-party construction contractors listed on the Platform and offering construction services to the Users.
1.5 The monies on the Platform are displayed in Indian Rupees. The price unless specified otherwise is exclusive of all applicable taxes including GST, customs duty, excise duty or other tax or levy that the User may be required to remit in connection with such a Transaction.
2.1 JSW One owns and operates the Platform, wherein JSW One, using its proprietary technology and platform services, connects its Users with Contractors and facilitates delivery of building construction services (“Services”).
2.2 The User understands and agrees that the Platform services offered by JSW One are not absolute or unconditional. Such services are subject to repudiation by JSW One at any time and without any obligation to assign or provide any reason for such repudiation and without any consent from the User and without any liability or any obligation towards the User. You understand and agree that JSW One has the right to cancel any Transaction (a)for any reason, or (b)under an order or instruction from any statutory, quasi-judicial or judicial authority.
3. Access to the Platform
3.1 You may access and use the Platform only if You are 18 (eighteen) years of age or older and are legally capable of entering into a binding contract as per applicable law, including, in particular, the Indian Contract Act, 1872. JSW One reserves the right to terminate Your registration and / or refuse to provide You access to the Platform if it is brought to JSW One’s notice or if it is discovered that You are a minor, insolvent or in any manner barred from entering into a contract.JSW One reserves the right to refuse access to use the Services offered at the Platform to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
4. Your Profile and Your Information
4.1 Users are required to register on the Platform by submitting the requisite documents and information and subsequently creating a Profile. Upon successful registration, Users will be issued a username and password which are linked to Your Profile. These are non-transferable. Please keep this information confidential as You are responsible for all acts or omissions committed on the Platform using Your username or password and for all the information / content posted under Your Profile. Users are prohibited from selling, trading, or otherwise transferring their Profiles to other persons. Representatives of JSW One may assist the Users with creating their account and registering them on the Platform.
4.3 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or JSW One has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JSW One has the right to suspend or terminate Your Profile and refuse any and all current or future use of the Platform / Services (or any portion thereof).
4.4 By creating a Profile, You will be responsible for maintaining the confidentiality and security of Your Profile, and are fully responsible for all activities that are carried out through Your Profile. You agree to (a) immediately notify JSW One of any unauthorized use of Your Profile or any other breach of security, and (b) ensure that You exit from Your Profile at the end of each session. JSW One cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements.
4.5 Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.
4.6 You agree that JSW One shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs in Your Profile in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform.
4.9 Further, You authorize Us to:
(a) collect, use, share, process and store all information provided by You and Your access information including the IP address, IMEI number and MAC address of the computer / device from where the Platform was accessed;
(b) either directly, or through third parties, verify and confirm information in Your Profile;
(c) contact You using the information in Your Profile and provide promotional materials that may be of interest to You;
(d) use any and all of the information provided by You to create Your Profile; and
(e) modify, limit or delete Your Profile as may be required.
5. Electronic Execution and Communications
5.1 When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records or otherwise from Us periodically to the electronic or residential address provided to us at the time of registration, and as and when required. JSW One may communicate with You by email or by such other mode of communication, electronic or otherwise.
5.2 JSW One will undertake reasonable efforts to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the inherent nature of the internet, this cannot be guaranteed. The Platform may also be occasionally suspended or restricted to carry out repairs, maintenance, or the introduction of new facilities, upgradations or services at any time without prior notice.
6. Platform for Transaction and Communications
6.1 The Platform is only for providing a venue for communication and payment services and it is agreed that the contract in respect of the construction services shall be a strictly bipartite works contract between the Users and the Contractors. At no time shall any right, title or interest over the items vest with JSW One nor shall JSW One have any obligations or liabilities in respect of such contract, except for certain facilitative, transaction support and payment-related services as provided in agreements entered into between Users, Contractors, franchisees and Us.
6.2 All commercial / contractual terms are offered by and agreed to between Users and Contractors alone. The commercial / contractual terms include without limitation price for construction of the residential project, purchase of materials, shipping costs for the materials, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Platform does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between Users and Contractors. Without prejudice to the foregoing, the Platform may provide certain transaction support services to Users and Contractors of the Platform.
6.3 JSW One is not responsible for any non-performance or breach of any contract entered into between Users and Contractors. JSW One cannot and does not guarantee, warrant, assure or ensure that the Users and Contractors will perform, undertake, consume or conclude any transaction on the Platform. Platform shall not and is not required to mediate or resolve any dispute or disagreement between the Users and Contractors.
6.4 Platform does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the services proposed to be offered on the Platform.You are advised to independently verify the bona fides of any particular Contractor that you choose to deal with on the Platform and use your best judgment in that behalf. In particular, Platform does not implicitly or explicitly support or endorse any particular construction services on the Platform. Platform accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
6.5 The function of the Platform is limited to providing access to a communication system over which information made available by You is transmitted or temporarily stored or hosted. The Platform observes due diligence while discharging its duty as an intermediary under the Information Technology Act, 2000 and also observes such other guidelines as the Central Government may prescribe in this behalf. The Platform does not:
(a) initiate the transmission;
(b) select the receiver of the transmission; and
(c) select or modify the information contained in the transmission.
7. Use of the Platform
7.1 You agree not to host, display, upload, modify, publish, transmit, update, share or otherwise make available on the Platform any information, that:
(a) belongs to another person and over which you have no right;
(b) harms minors in any way;
(c) contains content or other material protected by intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
(d) defames, abuses, harasses, stalks, hurts religious or ethnic sentiments of, threatens or otherwise violates the legal rights of others;
(e) 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;
(f) is false, inaccurate or misleading in any way; infringes any patent, trademark, copyright or other proprietary rights;
(g) violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(h) abets or assists with impersonating another person; contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information
(i) conducts or forwards surveys, contests, pyramid schemes or chain letters;
(j) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
(k) interferes with another’s use and enjoyment of the Platform;
(l) creates profiles or provides content that promotes escort services or prostitution;
(m) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or disrupts public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
(n) uses any other internet service to send or post spam to drive visitors to any other site hosted on or through Our systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party;
(o) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other Users;
(q) violates any law for the time being in force.
7.2 You further agree to make use of the Platform in a bona fide manner. In particular, You agree not to:
(a) print, distribute, share, download, duplicate or otherwise copy, delete, vary or amend or use any data or information posted by any User other than You;
(b) use or attempt to use another person’s Profile;
(c) attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Platform Services by hacking, password “mining” or any other illegitimate means;
(d) probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security or authentication measures on the Platform or any network connected to the Platform;
(e) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
(f) use any automated systems to extract data from the Platform;
(g) make any inaccurate, false, unfair or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or any User on the Platform;
(h) make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of JSW One’s Company, affiliates, or JSW One on the Platform or otherwise tarnish or dilute any JSW One Group Company or JSW One’s trade or service marks, trade name and / or goodwill associated with such trade or service marks, trade name as may be owned or used by Us;
(i) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Our systems or networks, or any systems or networks connected to Us;
(j) circumvent or manipulate our Platform, Platform Services, registration process, billing system, or attempt to do so;
(k) engage in commercial activities and / or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
(l) engage in deceptive, fraudulent, anti-competitive practices or other invalid means to meet the other User’s requirements;
(m) engage in any form of fraudulent traffic generating methods including use of robots, spiders, auto-spawning browsers, auto reloading, meta refreshes or any other form of fraudulent and artificial traffic;
(o) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; or
(p) violate any applicable laws or regulations for the time being in force within or outside India;
7.3 You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force) and international laws, foreign exchange laws, Statutes, Ordinances and Regulations (including, but not limited to GST, income tax, octroi, central excise, customs duty, local levies) regarding Your use of the Platform. You shall not engage in any transaction in an item or service, which is prohibited by applicable law.
7.4 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Platform. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
7.5 You hereby expressly agree that any Services availed by the You will not be bartered or in any way used for any commercial purposes or for profit. You hereby acknowledge that the Services availed are not transferrable to any third party for profit. Accordingly, JSW One reserves the right to cancel any orders that classify as ‘Business Use’ as determined by JSW One as per certain criteria. An order can be classified as ‘Business Use’ if it meets certain criteria adopted by JSW One for the purpose of identifying ‘Business Use’, including but not limited to:
(a) Services availed for commercial use and not for self-consumption;
(b) Multiple orders placed for same Services at the same address;
(c) Invalid address given in order details; or
(d) Any malpractice used to place the order.
(e) There may be certain orders that JSW One is unable to process or pass on User’s order to the Contractor and must cancel. Some situations that may result in JSW One’s inability to process or pass on User’s order to the seller include, without limitation, non- availability of the Platform, force majeure, credit limitations or suspected fraud.
7.6 You shall use this Platform, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
7.7 You may need to install updates that we or any third party introduces from time to time to use the Services including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Your use of the Platform you have installed requires that you have agreed to receive such automatically requested Updates.
7.8 The Platform may allow you to post certain content, data or information of Your own such as allowing You to rate Services, Contractors etc. on specific pages of the Platform, as well as submit any suggestions, comments, questions or other information to JSW One using the Platform / Services (collectively referred to “Posted Content”). You, being the originator of the Posted Content, are responsible for the Posted Content that You upload, post, publish, transmit or otherwise make available on the Platform. You represent that you have obtained all relevant consents and approvals in order to post any Posted Content. You further represent that all such Posted Content will be in accordance with applicable law. You acknowledge that JSW One does not endorse any Posted Content on the Platform and is not responsible or liable for any Posted Content. JSW One reserves the right to disable access to the Posted Content on the Platform.
7.9 Unless otherwise specified, the Services provided on the Platform is presented solely for use in India. JSW One makes no representation that the Services offered on the Platform are appropriate or available for use in other locations other than India. Those who choose to access the Platform from other locations / countries other than India, do so on their own initiative and JSW One is not responsible for such actions.
8.3 You agree that the Transactions, transaction price and all commercial terms such as provision of Services are principal to principal bipartite contractual obligations between the User and the Contractors listed on the Platform (and are subject to the terms of the bi-partite construction contract executed between themselves), and the payment management and coordination facilities offered by JSW One are merely platform services used by the Users to facilitate the Transaction. You further agree that JSW One is an independent contractor for all purposes and does not have control of or liability in relation to the construction services that are offered by the Contractors listed on the Platform.
8.4 You acknowledge that JSW One as an ecommerce platform is required to deduct TCS on GST as per CGTS Act 2017 and TDS as per Income Tax Act 1961. All payment to the Contractors shall be made net of such deductions as applicable.
8.5 Users may be required to pay additional charges / fees for Services availed by them on the Platform. Use of the payment facility shall not render JSW One liable or responsible for non-delivery, non-receipt, non-payment, breach of representations and warranties, non-provision of services or warranty services or fraud as regards the Services listed and/or offered on the Platform.
8.6 All payments made against the provision of Services on the Platform shall compulsorily be in Indian Rupees or such other currencies as may be notified by the Platform from time to time. The Platform will not facilitate Transaction with respect to any other form of currency. The Platform facilitates payments through one or more of: (i) net banking, (ii) NEFT, (iii) RTGS (iv) credit / debit card; (v) cheque and (vi) e-wallets or any other facilities as as made available by JSW One from time to time. A portion (full or in part) of the price for the Services may be required to be paid by the Users as an advance as per options made available on the Platform and the Agreements from time to time, and the balance amount of the Price will be required to be paid basis milestones agreed under the Agreements.
8.7 You hereby specifically authorize JSW One or its service providers to collect, process, facilitate, and remit payments and / or the transaction price electronically or by cheque, as the case may be, to and from You in respect of Transactions through payment facility.
8.8 Bank Instruments and Transfers:
All online bank transfers (National Electronic Funds Transfer (NEFT) and real-time gross settlement (RTGS)) from valid bank accounts and cheque payments are processed using the payment gateway provided by the respective issuing bank which supports payment facility to provide these Services to the Users. All such online bank transfers and cheque payments on payment facility are also governed by the terms and conditions agreed to between the Users and the respective issuing bank.
8.9 Credit / Debit cards:
All valid credit / debit / cash card / and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between Users and the respective issuing bank and payment instrument issuing company. The information provided by a User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. The User will be solely responsible for the security and confidentiality of their credit / debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of the User’s credit / debit card. You must use Your own credit / debit card for a Transaction.
Payments through e-wallets are processed through third party service providers. The same will also be governed by the terms and conditions agreed to between Users and the respective payment instrument issuing company.
8.11 Users may also avail of financing facilities from financial partners on the Platform, if any and as and when made available by the Platform, in which case the payment for the Services will directly be received from such financial partners. In case a financial partner fails to disburse monies when required by the Platform on an order placed by You, You shall be liable to make such payment as and when demanded by JSW One. You undertake to honour all terms of such financing and promptly make payments when due to the financiers depending on the terms and conditions of your agreement with such financiers. In case of any breach of terms by You with respect to the financing availed on the Platform, We reserve the right to suspend your account in the Platform and disable your access to the Platform. Such access may be restored at the sole discretion of JSW One.
8.12 JSW One may have existing arrangements with banks, regarding limits on the amounts You can pay in the course of a single transaction. JSW One will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, JSW One shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the pre-set limit mutually agreed by JSW One with its bank from time to time.
8.13 JSW One, at its sole discretion, may from time to time, and pursuant to applicable laws, provide credit support in the form of first loss default guarantee or such other means as deemed appropriate to facilitate third party financing. In case JSW One has provided such credit support on the financing availed by You, and You fail to make required payments, JSW One shall have the right to recover such defaulted amount to the extent of the guarantee and also recover legal, out of pocket, and incidental costs and expenses from You.
8.14 Where no credit support provided by JSW One with respect to financing availed by You, JSW One will not be responsible in any manner, for the obligations of the Users under such financial arrangements between the Users and the financial partners.
8.15 You understand, accept, and agree that the payment facility provided by JSW One is neither a banking nor financial service, and that JSW One is merely a Service Provider providing an electronic, automated online electronic payment facility for receiving payment through cash, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway network. Further, by providing payment facility, JSW One neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
8.16 You shall comply with all applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and Platform.
9. Intellectual Property
9.1 The intellectual property in the Platform, and in the material, content and information made available on the Platform including building designs, graphics, images, photographs, logos, trademarks, the appearance, organisation and layout of this Platform and the underlying software code belong to Us or Our licensors. You must not copy, modify, alter, publish, broadcast, distribute, sell or transfer (whether in whole or in part) any of material referred to above. The information provided on the Platform and services offered are for Your personal use only.
9.2 You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of JSW One without our prior written consent. You may not use any meta tags or any other “hidden text” utilising JSW One’s or its affiliates’ names or trademarks without the prior written consent of JSW One and / or its Affiliates, as applicable. Any unauthorised use terminates the permission or license granted by JSW One and / or its Affiliates, as applicable.
9.3 All material on the Platform including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute any material in any way, including by email or other electronic means and whether, directly or indirectly, You must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website / networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which You receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
10. User Content
11. Contents Posted on the Platform
11.1 The Platform and the processes, and their selection and arrangement, including but not limited to the text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Platform is owned and controlled by JSW One or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Platform, by no means are any rights impliedly or expressly granted to You in respect of such content. JSW One reserves the right to change or modify such content from time to time at its sole discretion.
11.2 You may use information on the Services purposely made available on the Platform for downloading, provided that You (a) do not remove any proprietary notice language in all copies of such documents, (b) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (c) make no modifications to any such information, and (d) do not make any additional representations or warranties relating to such documents.
13. Infringement and Take Down Policy
13.1 We are committed to removing listing or content on the Platform which infringes any intellectual property rights of others. To facilitate this, We have a verification process so that the Users who are intellectual property owners could easily report listings or content that infringe their rights. In the event that You believe that Your intellectual property right has been infringed by any of our Users, please email Us immediately at firstname.lastname@example.org along with the information set out below:
(a) Description of the alleged intellectual property right that has been infringed along with adequate information to identify the intellectual property, including URL or screen shots of the listing / content on our Platform;
(b) Details establishing that the complainant is the owner or the exclusive licensee of the infringed intellectual property;
(c) Details of the person, if known who is responsible for uploading the listing / content, infringing Your intellectual property;
(d) A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
(e) A statement by you, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
(f) Undertaking that You will file an infringement suit in a competent court against the User responsible for uploading the infringing intellectual property, and undertaking that You shall produce the orders of the court to Us within 21 days from the date of receipt of infringement notice; and
(g) Your address, telephone number, and email address.
13.2 We will respond to all infringement notices and will comply with all applicable law in relation to the take down of such listings or content on the Platform. We also reserve the right to terminate a User's account if the User is guilty of such infringement.
13.3 When You send Us an infringement notice, You: (i) declare that all statements made by You are true; (ii) acknowledge and agree that We may share Your infringement notice with third parties including the parties involved in the allegedly objectionable activities / infringing activities, our group companies, our legal advisors and other third parties; (iii) agree to indemnify Us against all claims which may arise in connection with such an infringement notice being made by You.
13.4 On receipt of Your notice, we will verify the allegations and if We find that the alleged listing / content is infringing Your intellectual property rights, We shall remove the listing / content promptly upon such determination.
13.5 We may take such action as we deem appropriate in keeping with our policies and applicable law which may include, asking further details from you or taking down the content that was the subject matter of Your infringement notice.
13.6 JSW One has the right to restore listing of the services in the event that You are unable to produce the orders of the competent court having jurisdiction as set out above. We are further not obligated to respond to any further takedown notices in relation to the same alleged infringements.
15. Third Party Content
15.1 Notwithstanding its reasonable efforts in that behalf, JSW One cannot take responsibility or control the information such as catalogues, description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources provided by third parties on the Platform.(“Third Party Content”). All Third Party Content is provided on an ‘As Is’ basis.JSW One may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content.
15.2 JSW One shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. JSW One shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
15.3 All third party advertisements, hyperlinks or other redirection tools on the Platform which take You to content operated by third parties are not controlled by Us and do not form part of the Platform. We are not liable for any loss or harm that may occur to You as a result of such sites.
16. Disclaimer and Limitation of Liability
16.1 The Platform is provided on an “as is” and “as available” basis without any representation or warranty, express or implied. We do not warrant that:
(a) the Platform will be constantly available, or available at all. We shall have no liability to You for any interruption or delay in access to the Platform availed through it, irrespective of the cause;
(b) the results that may be obtained from the use of the Platform or Services will be effective, accurate or reliable;
(c) the quality of the Platform or Services will meet your expectations;
(d) any errors or defects in the Platform or Services will be corrected;
(e) the information on the Platform is complete, true, reliable, current, accurate or non-misleading;
(f) that the Platform is secure or free of viruses, trojans or other malware; or
(g) the contents of the Platform do not infringe any intellectual property rights.
16.3 JSW One neither recommends You to avail the construction services of any Contractor on the Platform nor does JSW One endorse, control or accept any responsibility for any such services offered by the Contractor and/or other Service Providers on the Platform. JSW One (unless expressly stated otherwise) provide no guarantee, warranty or assurance with respect to the advertisement, exhibition, making available, or quality and standards of both its Services and the services offered by the Contractors and Service Providers on the Platform, or non-infringement of third-party intellectual property rights.
16.5 You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk and You will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. JSW One is not responsible for any typographical error leading to an invalid coupon. JSW One accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.JSW One does not accept any liability for any errors or omissions, whether on behalf of itself or third parties.
16.6 You expressly understand and agree that, to the maximum extent permitted by applicable law JSW One will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the Platform or any Services, either with or without your knowledge.
16.7 In the event You have purchased / downloaded the Purchase from any online application stores, whether provided by Apple, Inc., Google, Inc. or Blackberry Limited (or their respective affiliates) (collectively referred to as “Store Providers”), and there occurs any failure of the Platform and / or Services, You may follow the process recommended by the Store Provider under the terms of the contract applicable between You and such Store Provider. The Store Providers shall not be liable for any (i) warranty obligations of JSW One and related claims, losses, liabilities, damages, costs or expenses; (ii) product liability / consumer protection claims, and claims related to the Platform’s non-conformity with any applicable laws; and (iii) any third party claims of infringement of intellectual property rights by the Platform/JSW One.
16.9 Pursuant to the provisions of the Foreign Exchange Management Act, 1999, and applicable laws, the Platform may provide certain support services to facilitate the transactions between users of the Platform and such independent services may include listing management, warehousing services, logistics services, making available courier services and making available certain certification services, and payment facilitation through nodal bank(s) under applicable laws. You understand, agree and acknowledge that the Platform will engage independent third party service providers to perform these services. The Platform may on reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Platform will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Platform.
16.10 JSW One’ entire and aggregate liability in any circumstance including these terms and conditions shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to JSW One under the relevant order to which the cause of action for the liability related.
17.2 JSW One may notify You of any claims which You shall be liable to indemnify JSW One against. You will then be required to consult with JSW One regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of JSW One without the express prior written consent of JSW One which can be withheld or denied or conditioned by JSW One in its sole discretion.
18. Feedback and Information
18.1 Any feedback You provide to this Platform shall be deemed to be non-confidential. JSW One shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) JSW One is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) JSW One may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from JSW One for the feedback under any circumstances.
18.2 To clarify, JSW One may at its discretion, make any modifications or changes to the Platform/Services on the basis of such feedback, however JSW One is not obliged to do so. Further, in the event that JSW One makes any changes or modifications to the Platform, /Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Platform/Services. You expressly waive any and all rights in such changes or modifications to the Platform/Services, and assign to JSW One, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Platform/Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Platform/Services.
20. Severability and Waiver
21. Relationship between Us and Users
Neither usage nor registration on the Platform creates an association, partnership, venture or relationship of principal and agent, master and servant or employer and employee between the User and Us.
23. Force Majeure
24. Applicable Law, Jurisdiction and Dispute Resolution
24.3 If the parties fail to amicably resolve the Dispute as per Clause 24.2, then the Dispute shall be referred to arbitration and shall be exclusively and finally determined by arbitration conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 ("Act"), as amended from time to time and in force as on the date of commencement of the arbitration proceedings. The arbitration proceedings shall be conducted by a sole arbitrator to be appointed with mutual consent of the parties (“Arbitral Tribunal”). If either party fails to agree upon and appoint an arbitrator within 15 (fifteen) days of receiving the notice by the other party invoking arbitration under this Clause, then such appointment shall be made in accordance with the relevant provisions of the Act. The seat and venue of arbitration shall be Mumbai. The arbitration proceedings shall be conducted in English language.
24.5 Notwithstanding provisions under Clause 24.3, the parties agree to conduct the arbitration proceedings remotely and virtually through video conferencing, for more expeditious resolution of the dispute in the interest of time. The provisions pertaining to 'Fast Track Proceedings' under section 29B of the Act shall be applicable to the arbitration proceedings invoked under Clause 24.2. Notwithstanding the same, the Arbitral Tribunal may, before commencement of the arbitration proceedings, advice the parties to conduct the proceedings in-person, if deemed necessary in the best interest of the parties. Each party shall cooperate in good faith to expedite the conduct of any arbitration proceedings commenced under this Agreement, to the maximum extent possible.
24.6 TheArbitral Tribunal shall conduct the arbitration proceedings in a speedy manner and shall pass its award expeditiously, in writing with detailed reasoning therein, in accordance with Clause 24.4 herein above and such arbitral award shall be final and binding on the parties. The award passed by the Arbitral Tribunal shall be confidential and conclusive and the parties agree to be bound thereby and to act accordingly. Each party shall bear its own costs, expenses, fees, disbursements and other charges of counsels and professional advisors, in connection with the arbitration proceedings except as may be otherwise determined by the Arbitral Tribunal. The cost of the arbitration proceedings shall be borne equally by the parties unless otherwise determined by the Arbitral Tribunal.
24.7 The Arbitral Tribunal constituted under this Agreement may consolidate the hearing of Disputes under arbitration, if it determines that (i) there are issues of fact or law common to the proceedings such that a consolidated proceeding would be more efficient than multiple separate proceedings, and (ii) no party would be prejudiced as a result of such consolidation through undue delay or otherwise. In the event of different rulings by different arbitral tribunals regarding this issue of whether multiple arbitration proceedings should be consolidated, the ruling of the Arbitral Tribunal first constituted shall prevail.
24.8 Notwithstanding the existence of any Dispute or commencement of any arbitration proceedings in accordance with the provisions of thisClause 24 the rights and obligations of the parties under this Agreement shall remain valid and enforceable. Except for the matters under dispute before Arbitral Tribunal, the parties shall continue to perform and fulfil their respective rights and obligations under this Agreement, unless the same is impossible without resolution of the said dispute.
25. Grievance officer
Users can access, modify, correct and eliminate the data about him/her/it which has been collected pursuant to his/her/its decision to become a User. If you believe that your rights are being infringed or you have any grievances, complaints or concerns, including in relation to the information shared by the User with JSW One on the Platform, you may reach out to our grievance officer through telephonic or electronic mode in the following manner:
Name: Sherien Kaul
Address: 6th Floor, Grande Palladium, CST Road, Kalina, Mumbai 400098.
Phone Number: +91 22 68542400