PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE
USING THIS WEBSITE.
This Agreement contains all of the terms and conditions between owners of
jaiuniversal.com and you (“User”) and governs the use of the services
offered at the jaiuniversal.com web site (the “Site”). By using any
resources or information on the Site, User agrees that (I) User has read this
Agreement and understands all of its contents and (II) User accepts all the
terms and conditions in the Agreement. By accessing and using this Site, you
are hereby agreeing to be legally bound by the terms and conditions of this
User Agreement. If you do not agree with all of the following terms and
conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such changes and/or modifications
shall become effective immediately upon the posting thereof. Please review the
terms and conditions periodically. Your continued use of the site following the
posting of changes and/or modifications will constitute your acceptance of the
revised terms and conditions.
TERMS AND CONDITIONS
jaiuniversal.com ships products, mainly fresh fruits, vegetables and groceries
within India and from India to select countries around the world. With this
understanding the user agrees with the following terms and conditions. User
agrees not to hold owners of jaiuniversal.com liable for any misinterpretation
of content and sale opportunities provided on the Site.
Online Transactions: Once User has accepted the
terms of the advice or service and payment has been made to jaiuniversal.com,
there is a binding contract implicit between the User and owners of
jaiuniversal.com. jaiuniversal.com reserves the right to suspend privileges to
any User not adhering to the policies of the Site.
Billing and Payment Policy: Users are obligated
to pay when they place the order. When paying by credit card, the amount is
credited to the users account when they place the order. User can cancel an
order within 24 hours without penalty only if the order is not scheduled for
shipping within 24 hours of placement. Cancellation for any reason results in
an automatic cancellation charge of 20% of the order price. When a season pass
is cancelled, the already delivered boxes are credited at the cost of an
equivalent individual unbundled box. Shipping and Handling charges are
non-refundable in any circumstance.
Guarantees and Disclaimers:
If a User is not reasonably satisfied with the quality of the product on
receipt, the user will provide feedback to jaiuniversal.com by email. As part
of feedback, the user will have to provide details of the grievance.
jaiuniversal.com guarantees that the products shipped are authentic and satisfy
all inspection requirements required for the product. jaiuniversal.com also
guarantees that the products will be shipped to the user in a manner that they
are not damaged during shipping.
However, some products are perishable and as with any
perishable product, the quality of each individual shipped product varies, so jaiuniversal.com
cannot guarantee that each will taste the same. Using all its expertise, jaiuniversal.com
tries to provide the best possible fruit to its customers in a manner that
maximizes favorable conditions for ripening. Once the fruit has been delivered,
jaiuniversal.com will not be in control of the fruit conditions, so it cannot
take any responsibility for the subsequent care and development of the fruit.
Customer/user agrees that the maximum liability of jaiuniversal.com
or its holding companies in any case is not more than half the amount charged
for the cost of the fruit shipped in the box. Also, jaiuniversal.com or its
holding companies are not responsible for the disappointment caused by
receiving product that does not conform to the expectations of the receiver of
the product. Also, unless explicitly stated, all the potential delivery dates
are only to be used as guidelines and not as a guaranteed delivery by
service dates. The seasons for products shift sometimes quite drastically
due to environmental and logistical factors and jaiuniversal.com reserves the
right to re-schedule delivery as required. May times, the supply chain
situation is not clear till the last minute, so advance communication cannot be
given. Once the season starts, jaiuniversal.com is focused on shipping the
product as and when it becomes available in the best possible condition for
that period of time. Since this is not a manufactured product, the quality also
varies. No guarantees are provided for the conditions encountered inside the
fruit on account of environmental and logistical inconsistencies. Product is
shipped As-Is. However, jaiuniversal.com resolves on its own to ship the
product in good shape so that when the product is received and the box is
opened, the product is in visually good shape. Any damage during transit can be
claimed for a refund within 24 hours of arrival by submitting a photo of the
damaged fruit. Superficial visual marks are not considered to be spoilage for
product items.
jaiuniversal.com is not responsible for hereditary
conditions of the fruit such as Spongy Tissue in the Alphonso mango, which is
considered to be in the dna of the fruit. jaiuniversal.com is also not
responsible for any natural conditions inherent in the produce as with every
produce item. However, jaiuniversal.com will use all the tools at its
disposable to try and filter out such fruit before it is shipped.
jaiuniversal.com will make every effort to fulfill every
order as stated and from the stated shipment. However, the delivery depends
upon the supply of the fruit. If there is a delay in the supply, the delivery
will be delayed accordingly. jaiuniversal.com is not responsible for delay of
an order on account of any such delays. In such cases, jaiuniversal.com will
deliver the order when it receives the produce. If a customer wishes to cancel
an order due to delay in the shipment, they can place a request to jaiuniversal.com.
However, jaiuniversal.com is not obligated to refund the full amount and any
refunds will be at the discretion of jaiuniversal.com. In some cases, although
the shipment is delayed, jaiuniversal.com has already planned for the shipment
and cancellation will not be allowed. These orders will be shipped when they
arrive. If the customer does not wish to receive them, the full price of the
shipment will still be charged. In some cases, if an order is not shipped due
to cancellation, a cancellation fee of 20% will be charged.
Customer assumes the responsibility to receive the fruit
promptly. If the customer fails to check the mailbox or the front porch in a
timely fashion and the product spoils, jaiuniversal.com will not be responsible
for it. Tracking information is sent to the email used for billing via our
partners, endicia.com or through fedex.com or ups.com. It is the customer’s
responsibility to add the email address of the shipping company in their safe
recipients list. In case the tracking information goes to spam or if the
customer has specified an incorrect email for receipt of information, jaiuniversal.com
will not be responsible for ensuring that the customer has registered the
shipping of the product. If the customer has moved, the customer should make
good arrangements to receive the product at the given address. If a request has
been made to change the address, a written acknowledgement from jaiuniversal.com
must to receive to ensure that the change has been made and the product
shipping address can be changed. In many cases, once the product is being
processed, the shipping address cannot be changed. If a product spoils or is
not received or is returned on account of any of the above conditions, jaiuniversal.com
is not liable for refunding any of the money charged for the product.
Non-receipt of Product
In case the product/ variety ordered is not received for any
reason or there are supply issues with a particular product, jaiuniversal.com
reserves the right to replace the chosen product (variety of fruit) with an
available similar product which is in season or which is received. jaiuniversal.com
will try to make all efforts to get the ordered variety in all available
regions where the fruit grows and if a replacement has to be made, we will try
to substitute with a known variety from the same or adjacent region, wherever
possible. jaiuniversal.com will make every effort to inform the customers of
this development and can email their preference from the known varieties
available. Customers can also request a cancellation of their order. jaiuniversal.com
will try its best to accommodate all requests within its limitations and at its
discretion. If jaiuniversal.com is unable to deliver any product to the
customer in a season, it will refund the customer the entire amount of the
shipment. If a customer wishes to only receive a particular variety and would
like to cancel their order if the variety is not available, they should
interact with jaiuniversal.com and place a written request. They should also
receive a written reply from jaiuniversal.com stating that their request has
been accepted.
Season Passes
Season Pass customers are our valued customers and jaiuniversal.com
takes pride in serving them. Season Passes offer a substantial discount over
the regular price in return for predictability of demand and the customers
undertaking to ride the uncertainty of the season with us. All season pass
shipments will be shipped out in the same year the order is placed. If you are
not available during certain weeks, please make arrangements for someone to
receive the shipment. jaiuniversal.com is not obligated to accommodate the
schedule of the customer. If the season is altered or cut short for any reason,
jaiuniversal.com can prepone, postpone or club together multiple shipments and
fulfill its obligations to ship fruit paid for in the season pass.
No requests for refunds or change of mind will be
entertained after a shipment has been shipped. Shipping is not refundable in
any situation. All promotions and sales are final and sold As-Is including free
or reduced shipping offers. A shipping charge is incurred on all such
shipments, which is paid by jaiuniversal.com as a part of the promotion. If a
refund is offered for a Free Shipping offer, equivalent shipping will be
deducted from any refund that is given out.
REFUND TIMELINES
If jaiuniversal.com is unable to ship an order as per the
above terms and conditions within a calendar year, customer will have an option
to either postpone the order to the following year or switch to an available
variety or ask for a full refund for the order. jaiuniversal.com processes all
refunds offered during a calendar year by the END OF THE YEAR (December 31)-
all checks/refunds are completed by January 15th of the following year. In case
a refund has been missed for any reason, the user can contact support with the
refund request details by email – the support team will verify and process any
such refund within 2 weeks. No refunds for a previous year will be issued after
January 31st of the following year.
All Customer care requests should be filed online after
registering at jaiuniversal.com. jaiuniversal.com considers customer care as
very important, and considers all such requests on their merits. In all such
cases, the user agrees to abide by the decision of jaiuniversal.com which shall
be final. All refund requests should be sent to support@ jaiuniversal.com.
CONFIDENTIALITY OF COMMUNICATION
All communication made with jaiuniversal.com in the due
course of executing business is confidential information and cannot be shared
publicly without the written consent of jaiuniversal.com. If any reviews are to
be posted anywhere, they must be accurate and must be complete and without any
malicious misrepresentations or intent. If the issue being posted has been
resolved, it is the responsibility of the complainant to update the review with
this information. Failure to do so will constitute a malicious intent to
deliberately defame and cause harm to the company and is liable to be
prosecuted to the full extent of the law. If a representation is
deliberately made with malicious intent to misrepresent and twist the facts,
the person making this representation is liable for the consequences to the
full extent of the law. Whereas we do respect the right to be able to express
their views freely, we do take exception to postings made with utter disregard
to the Terms and Conditions agreed upon at the time the order is placed.
Anonymous, incomplete and misrepresented posts made on social media are liable
to be pursued to the full extent of the law. If information has to serve common
good, it has to be truthful, accurate and made in good faith. If a consumer
deliberately engages with the company with a malicious intent to malign the
good name of the company, or knowingly engages in such activity for any reason
by making false claims, the person is liable to be prosecuted under the full
extent of the law. Any communication made with jaiuniversal.com, oral or
written can be saved for training and/or for resolving issues of business
expediency. This communication cannot be shared by the user on any public
platform without getting a written approval from jaiuniversal.com.
INCORRECT SHIPPING ADDRESS
Home delivery If a User chooses Home Delivery,
the product will be delivered to the shipping address specified when user
places the order. Once the order is placed, the shipping address cannot be
changed- if however the shipping address is incorrect, the user can make
corrections to the address before the order has shipped out. If the address
specified is incorrect and the delivery is not possible, jaiuniversal.com
reserves the right to destroy the shipment- in such a case, no refund will be
made either for the product or the shipping.
The user will be charged for destroying the product or for
delivering it to another location as deemed fit by jaiuniversal.com. The user
will be responsible for coordinating the delivery with the shipping service and
ensuring that there is someone at home to receive the delivery. In case the
shipping service leaves the delivery at the doorstep, the user will be
responsible for ensuring that it is picked up and secured properly immediately
on arrival. jaiuniversal.com will not be liable for any damage to the product
which arises from the product having been left unsecured. Any problems with the
delivery will have to be sorted out between the delivery company and the user. jaiuniversal.com
is not liable in any way for this process- jaiuniversal.com will however take
any input given by the user regarding the shipping company into consideration
while delivering the next shipment to the user. The user should inspect the
product on delivery and if unsatisfied, immediately inform the delivery service
and jaiuniversal.com by email. Once the product has been delivered, it is considered
accepted by the user- jaiuniversal.com will not entertain any complaints later
about the product condition.
jaiuniversal.com reserves the right to make an exception
under extraordinary conditions not covered above. In all issues of contention,
the decision by jaiuniversal.com will be final.
In-Store Pickup
In-store pickup is being offered at this time for our grocery locations in
Vashi, Maharashtra and Dwarka, Delhi. You will be sent the contact information
of the store for pickup. You can request delivery to your physical address
within 5 km of the grocery store location- in some cases free delivery is
possible. Check details with the store.
Eligibility
You warrant that you are at least 18 years of age and possess the legal
authority to enter into this agreement and to use the services offered on this
Site in accordance with all terms and conditions herein. Our services are
available only to individuals who can enter into legally binding contracts
under the law. Without limiting the foregoing, our services are not available
to minors. User hereby agrees to supervise usage by, and be responsible for the
actions of any minors who use your computer and/or account to access jaiuniversal.com.
User should always supervise User’s children’s use of the Internet. If a child
places an order as an adult and makes a payment with a credit card, the order
will hold- jaiuniversal.com is not obligated to treat such an order
differently.
Prohibited Use
The Site and services contained herein may be used to educate yourself about products
and to purchase products from jaiuniversal.com. No person may use this Site to
recruit, solicit, or contact in any form Users for employment or contracting
for a business not affiliated with jaiuniversal.com without written permission
from the owners of jaiuniversal.com. jaiuniversal.com is however not liable for
the authenticity or the correctness for content contained on the website and
users must exercise judgment and verification for all such facts. The site also
contains views and materials provided by users of the site and jaiuniversal.com
does not claim any responsibility for the authenticity of the information
provided by third parties. User also gives up the rights to any information
that he/she posts on this website- jaiuniversal.com can use this information in
any manner that it deems fit.
User Account, Password and Security
User is entirely responsible for maintaining the confidentiality of any
password and account number provided by jaiuniversal.com for accessing the
Site, and is fully responsible for all activities that occur under User’s
password or account. User agrees to immediately notify jaiuniversal.com of any
unauthorized use of User’s password or account or any other breach of security.
jaiuniversal.com will not be liable for any loss that you may incur as a result
of someone else using User’s password or account, either with or without your
knowledge. However, you could be held liable for losses incurred by jaiuniversal.com
or another party due to someone else using User’s account or password. You may
not use anyone else’s account at any time, without the permission of the
account holder.
jaiuniversal.com also does not assume any liability if the
website is hacked and the data is stolen. If such an occurance has happened, it
is the customer’s responsibility to immediately provide all information related
to the incident so that jaiuniversal.com can take corrective action in a timely
fashion.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio
clips, video clips, artwork, graphic material, or other copyrightable elements,
and the selection and arrangements thereof, and trademarks, service marks and
trade names (the “Material”) are the property of Jai Universal Pvt.
Ltd and/or its subsidiaries, affiliates, assigns, licensors or other respective
owners and are protected, without limitation, pursuant to U.S. and foreign
copyright and trademark laws. jaiuniversal.com hereby grants User a personal,
revocable, non-perpetual, non-exclusive, non-assignable and non-transferable
license to use the Site if User does not (i) copy, modify, create a derivative
work of, reverse engineer, reverse assemble, decompile or otherwise attempt to
discover any source code, (ii) modify or attempt to modify the Site in any
manner or form. You agree not to reproduce, modify, create derivative works
from, display, perform, publish, distribute, disseminate, broadcast or
circulate any Material to any third party (including, without limitation, the
display and distribution of the Material via a third-party website) without the
express prior written consent of jaiuniversal.com. Use of jaiuniversal.com
and/or its licensors’ Material is only permitted with jaiuniversal.com’s
express written permission. Any unauthorized or prohibited use may subject the
offender to civil liability and criminal prosecution under applicable federal
and state laws.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, jaiuniversal.com, its
affiliates, and their respective officers, directors, employees, agents,
licensors, representatives, and third-party providers to the Site from and
against all losses, expenses, damages and costs, including reasonable
attorneys’ fees, resulting from any violation of this agreement by you. jaiuniversal.com
reserves the right to assume, at its sole expense, the exclusive defense and
control of any matter subject to indemnification by you, in which event you
will fully cooperate with jaiuniversal.com in asserting any available defenses.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON
AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. jaiuniversal.com is not
responsible or liable for any infections or contamination of your system, or
delays, inaccuracies, errors, or omissions arising out of your use of this Site
or with respect to the information and material contained on this Site. The
entire risk as to the quality, accuracy, adequacy, completeness, correctness
and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, jaiuniversal.com, ITS AFFILIATES, AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES,
AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY
KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS
PROVIDED OR OTHERWISE SUPPLIED BY jaiuniversal.com OR ANY THIRD PARTY.
Notwithstanding the foregoing, in no event shall jaiuniversal.com’s aggregate
liability to you for any and all claims, damages, losses, and causes of action
(whether in contract, tort or otherwise) exceed the amount paid by User to jaiuniversal.com,
if any, in the twelve (12) month period prior to any dispute.
User agrees not to hold jaiuniversal.com, jaiuniversal.com’s
agents and employees, officers, directors, or participants in jaiuniversal.com
affiliate Service liable for any advice or services delivered which originated
through the Site or was otherwise provided by an affiliate/agent and releases
all such persons from claims, demands and damages (actual or consequential) of
every kind and nature, known and unknown, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
MISCELLANEOUS
This Agreement will become effective immediately upon any use by User of the
Site and shall remain effective unless terminated by either party as provided
hereunder. This Agreement contains the entire understanding and supersedes all
prior understanding of the parties hereto relating to the subject matter
hereof, and cannot be changed or terminated orally. Either party may terminate
this Agreement by providing the other with written or email notice of such
termination, which shall be effective immediately upon delivery of such notice
to the other party. jaiuniversal.com may terminate this Agreement immediately
without notice for any breach by User of this Agreement or any applicable
policy of jaiuniversal.com as posted on the Site from time to time.
Furthermore, jaiuniversal.com may terminate this agreement without notice to
User by terminating the rights of User to use the Site. In the event of
termination or expiration, the following sections shall survive: Ownership of
Intellectual Property; Indemnification; Disclaimer and Limitation of Liability;
Miscellaneous and Privacy Policy and Copyright Notice. If any provision of this
Agreement is found to be illegal or unenforceable, the Agreement will be deemed
curtailed to the extent necessary to make it legal and enforceable and will
remain, as modified, in full force and effect. This Agreement and all matters
or issues collateral thereto will be governed by, construed and enforced in
accordance with the Laws of the State of Illinois applicable to contracts
executed and performed entirely therein (without regard to any principles of
conflict of laws), and jurisdiction for any court action in the State and
County of Kane. Any notice or other communication to be given hereunder will be
in writing and given by facsimile, postpaid registered or certified mail return
receipt requested, or electronic mail. Nothing in this Agreement shall be
construed as making either party the partner, joint venture, agent, legal
representative, employer, contractor or employee of the other. Neither party
shall have or hold itself out to any third party as having, any authority to
make any statements, representations or commitments of any kind, or to take any
action that shall be binding on the other except as provided for herein or
authorized in writing by the party to be bound.
PRIVACY POLICY AND COPYRIGHT NOTICE
jaiuniversal.com’s Privacy Policy located on the Site, as modified by jaiuniversal.com
from time to time, shall govern any disclosure or use of User’s personal
information. jaiuniversal.com’s Copyright Notice is also located on the Site
and shall govern the use of the intellectual property of third parties on the
Site. The terms of the Privacy Policy and the Copyright Notice are hereby
incorporated by reference and you are hereby bound by such terms when using
this Site.
jaiuniversal.com Responsibilities
jaiuniversal.com will be responsible for checking the accuracy of jaiuniversal.com’s
billing and payment processing for online transactions.
