Terms Conditions

INTRODUCTION:

This website is owned and operated by SNS Enterprises (hereinafter ‘We’, ‘Jouel”). In using the www.jouel.in service. You (“You” means the person using www.jouel.in) are deemed to have accepted the Terms and Conditions listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms and conditions till the time you access this website. Jouel reserves the right to change these terms & conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible. All rights, including copyright, in this website are owned by Jouel. Any use of this website or its contents, including copying or storing it in whole or part is prohibited without the permission of Jouel.

If you have any queries about these terms & conditions or have any comments or complaints on or about our website, please email us at info@jouel.in

ELIGIBILITY CRITERIA

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act of 1872 are not eligible to use this Website. If your age is below 18, you are prohibited to use/purchase/contract from/with, this website.

Those who choose to access this website from outside India are responsible for compliance with Indian local laws if and to the extent that local laws are applicable.

PRICING AND PAYMENT

Prices throughout the website are quoted in one of the following currencies: Indian Rupees (INR). Payment can only be accepted in these currencies. Prices are inclusive of tax

For International deliveries, additional duties and taxes may be applicable for the ordered items as per your country’s regulations, which will be billed separately to you by the courier company at the time of delivery.

PRICING POLICY FOR ONLINE MERCHANDISE

At www.jouel.in, we’re committed to offering shopping convenience, exceptional service and an exciting product selection at competitive prices.

www.jouel.in and Jouel stores operate separately.

FOR EXAMPLE:

1. www.jouel.in might carry something not offered in stores.

Similarly, promotional offers (such as coupons and additional discounts) offered at one may not be used at the others.

FOR EXAMPLE:

In certain cases, a coupon offered in Jouel Retail Stores may not be applied toward purchases on www.jouel.in. Promo codes, free shipping offers and bonuses on www.jouel.in may not be applied towards Jouel Retail Store purchases.

GST

GST in India is 3% on Jewellery. All our Prices are Inclusive of GST.

ONLINE PAYMENT

All payments on www.jouel.in are securely processed. We accept most major credit and debit cards including Visa, MasterCard and American Express. We will ensure confirmation of ordered item(s), availability and shipping before processing your order transaction. You will be advised by e-mail if we are unable to complete your order.

CREDIT CARD DETAILS

You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card.

You further agree and undertake to provide the correct and valid credit card details to us. Jouel commits to keeping the information provided by you confidential and assures you that it will not be shared by us with any third parties unless required for fraud investigations or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the responsibility to ‘prove otherwise’ shall be exclusively on you.

Your payment card will be debited for your order on the day we send you the formal order confirmation. In very rare cases, there might be a time gap, wherein, your card might get debited before receiving the confirmation email. Please rest assured that you will receive a confirmation or in the case you don’t, please contact our customer support team at info@jouel.in

All products and information displayed on www.jouel.in constitute an invitation to offer. Your order for purchase constitutes your offer, which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order.

No act or omission of Jouel prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have provided us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.

We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. All products are handcrafted so there may be some variations in the actual product received.

Packaging of the product may vary from the packaging of the product displayed in the website.

All products are subject to availability. We reserve the right to limit the quantity of products we supply, supply only part of an order or to divide up orders. We will inform you if we are unable to fill your order.

Prices on the website and all Jouel stores are subject to change without notice, and can vary from piece to piece, and from time to time, depending on the price of raw materials at the time of production. Brass &semi precious gemstones are commodities, with market fluctuations beyond our control. Occasionally, a piece will sell, and then be recreated at a later date with a difference in price. This simply reflects the market value of the raw materials, and does not mean that we have increased our mark-up.

DELIVERY SCHEDULE

A tentative delivery time will be given along with the formal order confirmation email.

Alternatively, you could go to your “Order Status” section and determine the status of your order using your respective tracking number.

YOUR OBLIGATIONS

1. You have to provide true, accurate, current and complete information about yourself as prompted by Jouel’s registration form.
2. To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Jouel has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with this User Agreement, we have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
3. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Jouel for redelivery shall be claimed from you and you shall pay such cost.
4. You will provide authentic and true information in all instances where such information is requested of you. Jouel reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Jouel has the right in its sole discretion to reject the registration and debar you from using the Services of www.jouel.in and or other affiliated websites without prior notice whatsoever. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
5. That before placing an order you shall check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the item’s description.

RESTRICTIONS

Jouel reserves the right, at our sole discretion, to limit the quantity/value of the items purchased by you and such restrictions may be applicable to orders placed by the same account, the same credit/debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Jouel reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.

For any bulk purchases, or wholesale inquiries, please get in touch with us at info@jouel.in along with valid reason for the same.

SITE SECURITY

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

1. Accessing data not intended for you or logging onto a server or an account, which you are not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system, network or breach security or authentication measures without proper authorization.
3. 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, and “flooding,” “spamming,” “mailbombing” or “crashing.”
4. Sending unsolicited emails, including promotions and/or advertising of products or services.
5. Forging any TCP/IP packet 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. TBA will 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 on this site and other than generally available third party web browsers (e.g., Microsoft Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Safari).

CANCELLATION BY JOUEL

There may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional information or verification/s before accepting any order. We will inform you if the entire order or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit/debit card has been charged, the said amount will be reverted back in your card account.

We will seek authorization on your card for the aggregate amount of the order placed by you, however, we may charge your card (capture) only with the amount corresponding to the actual portion of the order that we are able/willing to fulfill, and any associated shipping charges/taxes and levies etc. Any surplus amount, for which we might have originally sought and received an authorization on your card from your Card Issuer, if not captured by us in the time period stipulated by our Merchant Banker, will not be captured/charged. If however the same is charged to your card/bank account in error, we will refund it as soon as the same is realized by us or brought to our notice, whichever is sooner. We reserve the right to capture/charge your card to the full or partially authorized amount for the concerned order.

CANCELLATION AND CHANGES BY CUSTOMERS

If you wish to cancel or modify your order, please send an email to info@jouel.in. We will make every effort to accommodate your request. However, once an order has been submitted we cannot guarantee the purchase can be cancelled or modified. Once you have received your online order, if it is the incorrect product or found to be damaged please contact us within 3 days of receipt and we will arrange for collection. The customer agrees not to dispute the decision made by Jouel and accept Jouel’s decision regarding the cancellation.

SIZING

All products are free size and most rings are adjustable, as written in product description.

In addition, our customer care team can answer all your questions on sizing and fit – simply email us at info@jouel.in for advice.

DISCLAIMER

We own the copyright to all the contents of this website, including images. All trademarks and other intellectual property are owned or licensed by us (unless otherwise specified).

You may not copy, reproduce, distribute, republish, download, display, post or transmit any part of the website without written consent from us (except as stated below).

You may print or download any page(s) for your own personal and non-commercial use only. If you have any doubts about what you can do, please go to our contact us page to apply for permission to reproduce the content.

While our website is as accurate as possible, we cannot accept responsibility for any inaccuracies or errors beyond our reasonable control. We cannot guarantee that colours in our images will be rendered correctly on different computer monitors.

EXTERNAL MATERIAL

You shall not use the website in any way that will damage it or interrupt its provision. You shall not use the website to transmit or post any computer viruses.

We cannot guarantee that the website is free from computer viruses, and you should take your own precautions in this respect.

We will try to make sure that the website is always available. However, this is not always possible, and we are not liable if the website is unavailable.

LINKS

The website may contain links to other websites; these external websites are not under our control. We cannot be held responsible for such websites and cannot make any guarantees about them. We provide these links because we think they might interest you, but we do not monitor or endorse these other websites.

LIABILITY

We take no responsibility for any loss or damage suffered as a result of our “order online” service, or goods supplied using it, except as required by law, even if we could have foreseen the loss, or the possibility of it was brought to our attention.

CHANGES TO THE SITE DISCLAIMER

We reserve the right to change the Site Disclaimer from time to time. If this happens, we will notify you by posting the updated Site Disclaimer on the website. If you do not wish to be governed by the revised Site Disclaimer, please stop using the website.

This site disclaimer is governed by the law of India, and you and we agree to use the Delhi jurisdiction if there is any dispute between us. If any part of this Site Disclaimer is found to be invalid by law, the rest of them remain valid and enforceable.

COPYRIGHT & TRADEMARK

We reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the ‘Contents’) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You will not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents of the Website or any related software. All software used on this Website is the property of Jouel or its suppliers and they are protected by Indian and international copyright laws.

DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Jouel and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners.

TERMINATION

This User Agreement is effective unless and until terminated by either you or www.jouel.in. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post that you no longer wish to be associated with this website, provided that you discontinue any further use of this Website.

We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to www.jouel.in. Upon any termination of the User Agreement by either you or www.jouel.in, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of this User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability against you that may have arisen under the User Agreement.

GOVERNING LAW AND JURISDICTION

This User Agreement shall be construed in accordance with the applicable laws of India.

MODIFICATION OF TERMS AND CONDITIONS OF SERVICE

www.jouel.in reserves the right at any time to modify the terms and conditions of this User Agreement without any prior notification to you. You can access the latest version of the User Agreement at any given time on www.jouel.in. You should regularly review the User Agreement on www.jouel.in. In the event the modified User Agreement is not acceptable to you, you undertake to discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed and accepted to the modified terms and conditions and you undertake to abide by the modified User Agreement.

ARBITRATION

If any dispute arises between you and the Company during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company.

GENERAL

None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever. If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement. This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

In the Company’s sole discretion, it may transfer its rights and obligations (under this Agreement without your prior express consent.) If you breach this Agreement, and the Privacy Policy or the documents they incorporate by reference and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the aforesaid.

We may terminate this Agreement at any time. Without limiting the foregoing, we shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.

SALE AND PROMOTION

1. The sale runs till stock lasts. Duration of sale is in the sole discretion of Jouel and it reserves the right to extend or terminate the sale, without further information at any point of time.
2. The products can be removed/changed/added under the Sale category and the discounted prices can also be changed. It will be in sole discretion of Jouel.
3. No return or Exchange will be accepted on the sales items. For more details read our returns and exchange policy
4. In case of any further query regarding the sale, please email customer care at info@jouel.in
5. Jouel reserves the right, at any time, to amend/add/remove/modify (in whole or part) any of the terms & conditions of sale, or to replace, wholly or in part, this promotion by another promotion, whether similar to this promotion or not, or to withdraw it altogether, and Jouel’s decision in this regard shall be final and requires no intimation to the customer of any sort.

CONTACT INFORMATION

For questions, please contact us at info@jouel.in

Terms and Conditions

Please find below the latest Usabilla terms and conditions (“Terms”).

Please read these Terms carefully. Access to, and use of Usabilla products (“Products”), Usabilla services (“Services”), and the Usabilla website https://app.usabilla.com/ (“Website”), including any of its content, is conditional on your agreement to these Terms. You must read, agree with, and accept all of the terms and conditions contained in these Terms. By creating an account, or by using or visiting our Website, you are bound to these Terms and you indicate your continued acceptance of these Terms.
1. YOUR USABILLA ACCOUNT
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You may not use false or misleading information in connection to your account, or trade on the name or reputation of others, and Usabilla may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose Usabilla to claims of third parties. You agree that we may take steps to verify the accuracy of information you have provided to us.
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify Usabilla of any unauthorized uses of your information, your account or any other security breaches. Usabilla will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. RESPONSIBILITY OF USERS OF THE WEBSITE, PRODUCTS, AND/OR SERVICES
Your access to, and all of your use of the Website, Products, and/or Services must be lawful and must be in compliance with these Terms, and any other agreement between you and Usabilla.
When accessing or using the Website, Products, and/or Services, you must behave in a civil and respectful manner at all times. We specifically prohibit any use of the Website, Products, and/or Services, and you agree not to use the Website, for any of the following:
  • Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted internet protocol;
  • Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
  • Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
  • Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
  • Attempting to interfere in any way with the Website, or our networks or network security, or attempting to use our Website to gain unauthorized access to any other computer system;
  • Accessing data not intended for you, or logging on to a server or 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 (or succeeding in such an attempt);
  • Attempting to interfere or interfering with the operation of the Website, Products, and/or Services, or our provision of Services to any other users of the Website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mail bombing” or “crashing” the Website.
In addition, if you operate an account, contribute to an account, post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, “Content”), you are solely responsible for the content of, and any harm and damages resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received written permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a written waiver as to all rights in or to the Content;
  • you have fully complied with any third party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unethical or unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.
If you delete Content, Usabilla will use reasonable efforts to remove it from the Website and our servers, but you acknowledge that caching or references to the Content may not be made unavailable to the public immediately.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Usabilla shall take reasonable precautions to prevent the transmission of harmful content from its technology systems to your technology systems.
Usabilla disclaims any liability for any harm or damages resulting from your access or use of the Website, Products, and/or Services, or access or use of non-Usabilla websites.
Usabilla has the right (though not the obligation) to (i) refuse or remove any Content that, in Usabilla’s reasonable opinion, violates any Usabilla policy or is in any way harmful or objectionable, or (ii) terminates or denies access to and use of the Website, Products, and/or Services, to any person for any reason, in Usabilla’s sole discretion.
3. FEES AND PAYMENTS
By purchasing Products and/or Services, you agree to pay Usabilla annual subscription fees indicated for such Product or Service. Payments will be due as of the first day you sign up for a Product and/or Services, and will cover an annual period, as indicated when signing up.
Configurations and prices of the Website, Products, and/or Services are subject to change at any time, and Usabilla shall at all times be entitled to modify configurations, fees, prices and quotations, provided that no price changes shall be made applicable to you during a subscription term, and shall only take effect after Usabilla and you have agreed upon an extension, upgrade or renewal of the subscription term. You agree to any such changes if you do not object in writing to Usabilla within seven (7) business days of receiving a notice of Usabilla, or an invoice, incorporating or announcing the fee and/or price changes. All prices are exclusive of, and you shall pay all taxes, duties, levies or fees, or other similar charges imposed on Usabilla or yourself by any taxing authority (other than taxes imposed on Usabilla’s income), related to your order, unless you have provided Usabilla with an appropriate resale or exemption certificate for the delivery location, which is the location where the Products and/or Services are used or performed. In case of changes in law such that a tax is levied that is or becomes irrecoverable with a consequent increase to the costs to Usabilla of delivering the Products and/or Services, whereby and to such an extent Usabilla is entitled to increase its prices accordingly and retroactively.
4. USE OF THIRD PARTY CONTENT AND MATERIALS
Usabilla has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Usabilla does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Usabilla disclaims any responsibility for any harm and/or damages resulting from the use or downloading of postings of other parties on the website.
5. CONTENT POSTED ON OTHER WEBSITES
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Usabilla.com links, and that link to Usabilla.com. Usabilla does not have any control over those non-Usabilla websites and webpages, and is not responsible for their contents or their use. By linking to a non-Usabilla website or webpage, Usabilla does not represent or imply that it endorses such website or webpage.
6. COPYRIGHT INFRINGEMENT
As Usabilla requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Usabilla. Usabilla will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In order to bring infringing material to our attention, you must provide our DMCA Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Website of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The contact information of our DMCA Agent for notice of claims of U.S. copyright infringement is: Usabilla Inc., attn.: Usabilla DMCA agent, 228 East 45th Street, Suite 9E, New York, NY 10017, + 1-347-694-5321, email: dmca@usabilla.com.
In the case of a user who may infringe or repeatedly infringes upon the copyrights or other intellectual property rights of Usabilla or others, Usabilla may, in its discretion, terminate or deny access to and use of the Website, Products, and/or Services. In the case of such termination, Usabilla will have no obligation to provide a refund of any amounts previously paid to Usabilla to any person in respect of any such termination.
7. TRADEMARKS
Usabilla, the Usabilla logo, and all other trademarks, service marks, graphics and logos used in connection with the Website, Products, and Services, are trademarks or registered trademarks of Usabilla or Usabilla’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website, Products, and Services, may be the trademarks of other third parties in which case such license is for the exclusive benefit and use of us unless otherwise stated, or may be the property of their respective owners. Your use of the Website grants you no right or license to reproduce or otherwise use any Usabilla or third party trademarks. Likewise, you grant no right or license to reproduce or otherwise use any of your trademarks, service marks, graphics and/or logos, unless expressly authorized by you.
8. TERMINATION
You may terminate your agreement and close your account with Usabilla at any time, effective the last day of your subscription term, by sending an email to support@usabilla.com. Usabilla may terminate its relationship with you, or may terminate or suspend the accessibility to the Website, Products, and/or Services at any time, including the use of any software, (i) if you breach these Terms and/or any other agreement with Usabilla; (ii) if Usabilla reasonably suspects that you are using the Website, Products, and/or Services to breach the law or infringe third party rights; (iii) if Usabilla reasonably suspects that you are trying to unfairly exploit or misuse Usabilla’s policies; (iv) if Usabilla reasonably suspects that you are using the Website, Products, and/or Services fraudulently, or that Products or Services provided to you are being used by a third party fraudulently; (v) if you fail to pay any amounts due to Usabilla; (vi) you violate any applicable law or regulation. Upon termination of your Usabilla account for the above reasons, there will be no refund of fees and you will be denied access to the Website, Products and/or the Services, including all of its data.
Usabilla may terminate any agreement and access to your account, if the Services or any part thereof, are no longer legally available in your jurisdiction, or are no longer commercially viable, at Usabilla’s sole discretion. In case of termination or closing of your account by you because of a material breach by Usabilla, without any default by you, or in case of a force majeure on the side of Usabilla, Usabilla will refund pro rata for the remaining period of your subscription any fees or expenses paid by you.
If you believe that Usabilla has failed to perform or the Services are defective, you must notify Usabilla in writing and allow fourteen (14) days for Usabilla to cure the defect. If Usabilla cures the defect within this cure period, Usabilla will not be in default and cannot be held liable for any damages and/or losses in connection to such default. If Usabilla has not cured the defect within this cure period, you may terminate the subscription with immediate effect, upon written notice to Usabilla.
9. CHANGES
The configurations and specifications of the Website, including without limitation all content there available, the Products, and the Services may be amended and/or updated from time to time, at the sole discretion of Usabilla. You are bound by any such changes or updates, unless such changes materially diminish the functionality and value of the Website, Products and/or Services.
10. LIMITATION OF WARRANTIES OF USABILLA, ITS SUPPLIERS AND ITS LICENSORS
Usabilla warrants to Usabilla customers of paid products and/or services, provided that such customers have paid all fees due, and are not otherwise defaulting any obligations towards Usabilla, an availability of the Products and/or Services (“uptime”) of ninety-eight percent (98%) per month. If for a reason solely attributable to Usabilla the uptime is not met, Usabilla will credit you as “liquidated damages”, $100 for every day, or part of the day, the Products and/or Services are not accessible in violation with the uptime. You agree that it would be difficult to determine the amount of damages that will be suffered by you if the uptime will not be met. You also agree that the above compensation schedule will result in liquidated damages that bear a reasonable proportion to the probable loss and the amount of your actual loss. The aforementioned liquidated damages shall be the sole and exclusive remedy in the event the uptime has not been met by Usabilla. However, if the Products and/or Services are not available to you for a reason solely attributable to Usabilla for a continuing period of five (5) days or more, you may terminate your agreement in writing with immediate effect, and you may request return of fees paid by you related to the unavailable Products and/or Services, pro-rata the remaining unused term of your agreement.
Usabilla and its licensors make no warranties or representations whatsoever with respect to the Website, Products, and Services, or any linked site or its content, including the content, information and materials on it or the accuracy, completeness, or timeliness of the content, information and materials. We also do not warrant or represent that your access to or use of the Website, Products, and/or Services, or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the Website, Products, and/or Services, or any linked site is free of computer viruses or other harmful components. We assume no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your use of the Products or Services, or your access to, use of, or browsing of the Website, or your downloading or uploading of any Content from or to the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.
No advice, results or information, whether oral or written, obtained by you from Usabilla, or through the Website, shall create any warranty not expressly made herein. Usabilla does not necessarily endorse, support, sanction, encourage or agree with any content or any user content, or any opinion, recommendation, content, link, data or advice expressed or implied therein, and Usabilla expressly disclaims any and all liability in connection with user content and any other content, materials or information available on or through the Website, Products, and/or Services, created or provided by users or other third parties.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
11. LIMITATION OF LIABILITY OF USABILLA, ITS SUPPLIERS AND ITS LICENSORS
Under no circumstances shall any party, its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from the use of the Website, Products, Services, and/or the Contents thereof, or of any hyperlinked website even if such party is expressly advised of the possibility of such damages. With the exception of damages related to legally proven or admitted intellectual property infringement caused by Products and/or Services as delivered by a party without any third party content, in no event shall a party’s liability exceed the total sums received by Usabilla from you during the twelve (12) month period immediately prior to the date the damages first occurred.
12. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that your use of the Website, Products, and/or Services will be in accordance with any agreement between you and Usabilla, the Usabilla Privacy Policy, these Terms, and with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside, and with any other applicable policy or terms and conditions.
13. INDEMNIFICATION
Subject to the limitations set forth herein, the Parties agree to defend, indemnify, and hold each other harmless, including its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with (i) a material violation of these Terms, or any agreement between the Parties, or (ii) any allegation that any information or material (including any Content) violates any rights of any third party.
You understand and agree that, by using the Products and/or Services, you are solely responsible for any data, including personally identifiable information, collected or processed via our Products and/or Services. You will defend, indemnify, and hold Usabilla harmless, without any limitation, for all damages in connection to (alleged) violations of any privacy laws through the use of the Products and/or Services under your account.
14. MISCELLANEOUS
Each party shall take out adequate insurance in order to cover its risks hereunder, including but not limited to a general- and product liability insurance. Regarding the security, confidentiality and integrity of data, each party is responsible for maintaining appropriate technical and organizational measures for the protection of data processed on their own systems and on third party systems that are in use by the involved party.
Usabilla will not be liable for any delay in performing or failure to perform any of its obligations to you caused by events beyond its reasonable control. Usabilla will notify you promptly in writing of the reasons for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage.
If you are located in the United States and use or access the Website, Products, and/or Services from the United States, these Terms, the Website, Products, and/or Services and any and all agreements between you and Usabilla shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. All disputes between you and Usabilla shall be resolved under the International Arbitration Rules of the American Arbitration Association in front of a sole arbitrator. The place of arbitration shall be New York City, New York. The language of the arbitration shall be English. Any award, verdict or settlement issued under such arbitration may be entered by any party for order of enforcement by any court of competent jurisdiction.
If you are located outside the United States and use or access the Website, Products, and/or Services from outside the United States, these Terms, the Website, Products, and/or Services and any and all agreements between you and Usabilla shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. All disputes between you and Usabilla shall be exclusively resolved by the Dutch Courts in Amsterdam.
Any cause of action against a party, regardless whether in contract, tort or otherwise, must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.
If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the Parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may only assign your rights under these Terms to any party that consents to, and agrees to be bound by, the terms hereof in writing. Usabilla may assign its rights under these Terms at its sole discretion. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms, or your use of the Website, Products, and/or Services.
A SPECIAL NOTE ABOUT CHILDREN
The Website is not designed or intended for use by children under the age of 16, and our Products and Services may not be purchased by children under the age of 16. We do not intentionally gather personal information from visitors who are under the age of 16. If you are under the age of 16, you are not permitted to submit any personal information to us. If you are under the age of 16, you should use the Website only with consent of a parent or guardian.
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