A.1 This document is an electronic record. This electronic record is computer system generated and does not require a physical or electronic signature.
B.1 The Website is owned by JForward Inc. a private limited company incorporated under the laws of the State of New York (hereinafter referred to as “COMPANY”, “We” or “Us”).
B.3 All data usage, internet, telephony, hardware, software, maintenance and such associated charges connected with Your accessing the Website or the Services, shall be wholly to Your account and shall not be borne in any way, shape or form by COMPANY.
B.4 Where You access Service or order any goods against payment of a fee or purchase consideration, You agree that You will responsible for all such payments as well as any associated taxes. Where you chose to pay such amounts through a credit card, bank transfer or other similar methodology, You warrant that You are authorised to use such payment services and that You will indemnify and hold harmless COMPANY against any unauthorised use of such services by You.
B.6 The terms “You”, “Your” or “User” is a reference to you the person using this website for any purpose whatsoever, whether you are a natural or legal person irrespective of whether or not you have registered on the Website.
THE SERVICE AND RETURNS
C.1 This Website is a platform that will list and sell and deliver ramen meal kits – as described on the Website - and such other goods as may be listed on the Website from time to time (“Service”). The pricing, offers and other commercial information in respect of availing the Service shall be as updated on the Website from time to time.
C.2 The Website has a no-return policy, whereby any items purchased cannot be returned after delivery, however, the Website will process refunds in case of complaints made within 1 day of delivery wherein the goods delivered are damaged or not fit for consumption. The Company shall also consider requests for refund in cases where delivery within the promised timelines is not adhered to. The decision of the Company shall be final and binding in the case of each refund request.
C.3 All refunds shall be made in the form of credit balance added to your Website wallet, which can be then used to purchase other items on the Website. The credit balance added in this manner is non-transferable, non-refundable and without a date of expiry.
C.4 If we are unable to process your order we will inform you as soon as reasonably practicable. We may unable to process your order due to various reasons - because the product is out of stock or due to unexpected limits on our resources for which we could not reasonably plan or because we have identified an error in the price or description of the product or because we are unable to satisfy your delivery deadlines or for any or several other reasons not specified herein. The decision to cancel shall be at Our discretion and shall be irrevocable and final. Our decision to cancel in such circumstances shall however, entitle you to a full refund or credit of the amount paid by you back to your original mode of payment or to your wallet on the Website.
C.5 It is hereby expressly clarified that no other requests for refund shall be processed or entertained by COMPANY.
Membership etc – Customers
D.1 Use of the Website is available to all persons who are atleast 14 years of age.
Users may register either directly with the Website or through their LinkedIn.com (“LinkedIn”), Facebook.com (“Facebook”), Plus.Google.com (“Google+) accounts.
D.2 If You are a person under the age of 14 years - You are required to declare this information at the time of registration as a User (“Minor Users”). Minor Users may have restricted use to the Website once they have obtained and provided Us with the prior consent of their parent or legal guardian. Your communication privileges may be restricted to the extent that you comments or reviews of the Website which may identify you personally in any manner may not be permitted to be published. Your communications will be monitored by our moderators and you will be provided with three warnings incase it is found that you are sharing information online that identifies you personally in any manner. In the event of a fourth infarction of this nature, your Account shall be terminated forthwith and you shall be banned from opening an Account till you attain majority. You will only be permitted to access the Website under supervision from a parent and/or guardian.
D.3 If it is discovered at any point of time by COMPANY that You are younger than 14 years of age and have failed to declare it at the time of registration, COMPANY reserves the right to terminate your membership immediately and to take appropriate legal action, where applicable, against You.
D.4 Even other than in circumstances where You are found to have declared your age incorrectly, COMPANY reserves the right to unilaterally terminate your Account and refuse access to any Service offered on the Website without providing You with any reasons or explanations.
D.5 You shall refrain from transferring, selling or trading your Account to any third parties. Any such actions on your part that comes to COMPANY’s notice shall result in the immediate termination of your Account.
D.6 You undertake that:
i. You will use your actual identity when registering on the Website. And that you shall produce government issued identification if demanded by Us for the verification of your identity at any time;
ii. The personal data that you have provided Us is true, accurate and complete;
iii. You will update your personal data from time to time to ensure that it is accurate and complete.
Your failing to comply with any of the above provisions shall result in the termination of your membership solely at COMPANY’s discretion.
D.7 Customers shall have access to certain features of the Website only after registration.
D.8 Customer expressly undertakes to use the ‘feedback’ feature to post genuine and honest feedback about their experience of such service.
E. REFERRAL PROGRAM
E.1 The COMPANY refer a friend program (“Program”) allows COMPANY members (“Referrers”) to earn reward credit by referring family and friends (“Referred Customers”) to shop on the Website.
E.2 Referrers will be provided with a unique rewards code, which they can share with Referred Customers (“Code”). The Code can be applied to orders by Referred Customers and will provide them with a discount, of a percentage or amount as notified from time to time on the Website.
E.3 Each time a Referrers reward code is used the Referrer also stands to earn a specified amount by way of a reward credit in their wallet maintained on the Website. This credit can be used by the Referrer to make purchases on the Website. It is non-transferable, non-refundable and cannot be used for any other purposes.
E.4 The eligibility criteria for the Program are as follows:
i. The Referrer must be a member on the Website; and
ii. The Referrer must be fully compliant with all terms and conditions of the Program, as updated from time to time.
E.5 Your participation in the Program and the use of your rewards code constitutes your full and unconditional agreement with all terms and conditions of this Program, as updated from time to time. COMPANY’s decision in case of any disputes relating to the Program shall be final, binding and un-appealable.
E.6 The Program policy can be found here [Insert Link].
E.7 COMPANY may modify, discontinue or terminate the Program at any time, at its sole discretion, without any notice to You. We will make reasonable efforts to notify all Referrers of any changes in this regard.
E2. EXPRESS DISCLAIMERS
E2.1 COMPANY does not make any warranty regarding the quality, value and saleability of the products listed on the Website nor does it accept liability for any errors or omissions of description on the Website.
E2.2 Products may be incorrectly priced on the Website in the case of oversight or technical difficulties. In all such cases You shall be notified of such errors and have the option to repurchase the products at their revised prices. We shall, in all such cases, have the option to cancel Your order.
F. ACCOUNT AND SECURITY OBLIGATIONS
F.1 The full use of the Website is only available to You upon providing certain required information, which facilitates the creation of Your account (“Account”). To have access to your Account You will choose your own use name and password for access. You shall yourself be responsible for maintaining the confidentiality of your username and password and shall be responsible for all activities that occur under your username and password. In the alternate, You may also access the website by logging on through your LinkedIn, Facebook or Google+ accounts.
F.2 You also consent to the suspension and termination of Your Account and permanent refusal of access to the Website to You in case it comes to COMPANY’s notice at any point of time that the information you have provided is incorrect, incomplete, misleading or is provided in impersonation of another person.
F.3 You are obliged to immediately inform COMPANY of any unauthorised use of Your Account or any other breach of security that comes to your notice.
F.4 You are also obliged to logout of Your Account at the end of each session.
F.5 COMPANY shall not be liable for any loss or damage occurring as a consequence of Your failure to comply with the aforementioned conditions. Further, You may be held liable for losses incurred by COMPANY or third-parties as a consequence of Your failure to comply with the aforementioned conditions.
F.6 Restricted access to the Website may also be provided to unregistered Users.
G. CONTENT AND USE
G.1 You give COMPANY an automatic non-exclusive, non-transferable right over all works of authorship whether through text, images, videos, audio etc., (“Content”) that you upload, provide, transfer or otherwise make available (“Post”) on the Website. Such rights given to COMPANY do not include the ownership of the Content, which remains vested in the author or the appropriate copyright holder, however, they include an unrestricted, perpetual, irrevocable, non-exclusive, fully paid and royalty free licence with the right to unrestrictedly sub-licence, to use copy, perform, display, distribute, derive works from and distribute such Content in any and all media, whether known or unknown, throughout the world. You shall not be liable to receive any payment or compensation from COMPANY for Content posted on the Website, unless provided otherwise herein.
G.2 For sharing of Content by users inter-se or on third-party websites or platforms, all Content shall be governed strictly by the following creative commons licence regime - http://creativecommons.org/licenses/by-nc-nd/3.0/ .
G.3 For all other content, posted by COMPANY or its third-party service providers, (“COMPANY Content”) COMPANY shall retain all proprietary rights. You as the User shall be granted a limited, revocable, non-licensable licence by COMPANY to view the COMPANY Content. You shall use the COMPANY Content only for your personal use and never for any commercial or related purposes. You agree not to reproduce, modify, publish, distribute, transmit, perform, display, sell or create any derivate works based on the COMPANY Content.
G.4 The same limitations that apply to Your use of the COMPANY Content also apply to Content posted by other Users.
G.5 You further agree that in respect of third party Content, including but not limited to Content uploaded by other Users, that COMPANY shall be in no way responsible or liable for any such Content. COMPANY assumes no responsibility for objectionable, unlawful, incorrect, misleading or unintended Content made available by other Users, advertisers or third-parties.
G.6 You represent and warrant that:
(a) you own any Content posted by you on the Website;
(b) your Content does not violate the privacy rights, copyright rights, or other rights of any person;
(c) by posting the Content, You do not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party;
(d) any information you provide as a part of the Content is correct and true to the best of your knowledge and is provided by You in good faith; and
(e) Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be accessible to every User of the Website, except as provided herein.
G.7 Any interactions, agreements between You and other Users or advertisers are made completely independent of COMPANY. COMPANY is not a party to any such arrangements and shall not be liable for or a party to any disputes arising out of such agreements nor for any loss incurred by You thereunder. You shall indemnify and hold harmless COMPANY against any such disputes.
G.8 In order to protect Users from unwanted advertising and solicitation, COMPANY may, as and when deemed appropriate by Us, restrict the volume of messages Users in general or in particular may send one another. Information obtained by you as a User of the Website shall not be used in any manner to abuse, harass or harm any other Users or third-parties using the Website.
G.9 You are solely responsible for any and all Content that is posted through your Account on the Services and for your interactions with other Users.
G.10 In addition to the Content prohibited by law, You agree that you will not post any Content that:
(i) is offensive or denigrates any religion, caste, creed, nationality or similar affiliations;
(ii) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature;
(iii) harasses or advocates stalking or harassment of another person;
(iv) involves the transmission of “junk mail” or unsolicited mass mailing, or “spamming”;
(v) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by intellectual property law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
(vii) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18);
(viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses and other harmful code;
(ix) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;
(x) except as expressly approved by Us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(xi) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or
(xii) posts or distributes information which would violate any confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers; or
G.12 We have the right (but not the obligation) to review any Content and delete (or modify) any Content that in our sole discretion violates these User Terms or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of these Terms, including without limitation, removing Content from the Website (or modifying it), terminating Your membership and Account, reporting you to appropriate legal authorities, and taking legal action against You. We shall not be liable for any loss of data or information as a consequence of Your use of the Website.
G.13 You will use the Website in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Website is, except for the exceptions carved out herein, for the personal use of Users. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your Account.
G.14 You will not attempt to impersonate another User or person, including any of our employees. You will use the Services in a manner consistent with any and all applicable laws and regulations.
G1.1 We take all reasonable measures to provide accurate descriptions of all products listed on the Website. However, the products may vary in colour and other attributes to a slight degree from how they appear on the Website. Please understand that all images on the Website are for illustrative purposes only.
G1.2 We do not warrant that product descriptions or other content on the Website are accurate, complete, reliable or error-free.
G.1.3 For returns in respect of defective goods, we require that you send us an email to email@example.com with the following details: order number and a photograph and description of the defect.
H. THIRD-PARTY INTELLECTUAL PROPERTY
H.1 We take intellectual property protection very seriously and it is our policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. If you believe that your intellectual property rights are being used on the Website in a way that constitutes an intellectual property infringement, please provide us the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
(ii) an identification of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Website;
(iv) your address, contact number, and e-mail address;
(v) a written statement that you have a bona fide belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
(vi) a statement by you in a sworn affidavit – please note that executing a sworn affidavit with the knowledge that the information contained therein is false, is a criminal offence punishable by law - that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
H.2 Contact information for notice of claims of intellectual property infringement is as below:
Your use of the Website or communications with COMPANY is a form of electronic record. You understand and as a consequence, consent to receiving electronic or other communication from COMPANY as and when required.
J. OTHER DISCLAIMERS
J.1 COMPANY does not make any warranty regarding the truthfulness or veracity of any Content on the Website or of any claims of quality or workmanship by any third-party. COMPANY expressly disclaims that the views expressed by Users on the Website are their own and COMPANY does not endorse the same merely because they are posted on the Website. Further, COMPANY shall in not be liable for any false, libellous or mala fide views expressed in the Content on the Website. In the case of such Content that is malicious, false, inflammatory, libellous or in violation of third-party intellectual property rights (as addressed above) or is in any other manner in violation of COMPANY’s policies, affected parties are advised to contact our customer service team at firstname.lastname@example.org with the details of such violation to enable us to take appropriate action.
J.2 We are further not responsible for:
any incorrect or inaccurate Content (including any information in User profiles) posted on the Website, whether caused by Users or by any of the equipment or programming associated with or utilized in the Website.
the conduct, whether online or offline, of any User of the Services.
any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users.
any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials from the Website.
any loss or damage, including personal injury or death, resulting from use of the Website or from any Content posted on the Website or transmitted to Users, or any interactions between Users whether online or offline.
J.3 The Website and Service are provided on an “As-Is” basis. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Website and Service will meet Your requirements; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Website will be accurate or reliable.
K.1 You agree, undertake and confirm that Your use of Website shall be strictly governed by the following statutory and non-statutory principles:
K.1.1 You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecent representation of women or children;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) harasses or advocates harassment of another person;
(e) involves the transmission of "junk mail” or unsolicited mass mailing;
(f) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(g) infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
violates or promotes the violation of a third-persons intellectual property rights;
(j) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(l) contains video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Website ;
(n) solicits gambling or engages in any gambling activity which COMPANY in its sole discretion, believes is or could be construed as being illegal;
(o) interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
(q) harms minors in any way;
(r) violates any law for the time being in force;
(s) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(t) impersonates another person;
(u) contains software viruses or any other computer code, 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;
threatens the unity, integrity, defence, security or sovereignty of the United States, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or
(w) directly or indirectly offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
K.2 You shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. COMPANY reserves the right to bar any such activity.
K.3 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
K.4 You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
K.5 You shall not misuse or otherwise violate the intellectual property rights of COMPANY or any third-party User of the Website. Further, you also agree not to take any action that has a negative impact on the infrastructure and operation of the Website.
K.7 You shall at all times ensure full compliance with the applicable provisions of the all domestic laws in force in New York as applicable and as amended from time to time and also all applicable rules and regulations and international laws, foreign exchange laws, statutes, ordinances and regulations regarding Your use of the Service. You shall not engage in any activity which is prohibited by the provisions of any applicable law for the time being in force.
K.9 It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
L.2 You may be required to register a mobile number with us at the time of registration. By providing us with this mobile number, You consent to receive calls and text messages from us in relation to the Website and any offers and promotions that we may operate from time to time. We will never share your mobile number with third-parties for promotional purposes.
M. DISCLAIMER OF WARRANTIES AND LIABILITY
M.1 This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, COMPANY does not warrant that:
a. This Website will be constantly available, or available at all; or
b. The information on this Website is complete, true, accurate or non-misleading.
M.2 COMPANY will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. COMPANY does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
M.3 Nothing on Website constitutes, or is meant to constitute, advice of any kind.
O. APPLICABLE LAW
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in the United States. COMPANY makes no representation that materials on the Website are appropriate or available for use in other locations/countries other than the United States.
Q. OUR INTELLECTUAL PROPERTY
This site is controlled and operated by COMPANY. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Website is solely for Your personal, non-commercial use, unless specified otherwise. You must not directly or indirectly, or conspire with or enable a third party to - copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly
R. LIMITATION OF LIABILITY
S. CONTACT US
Please send any questions, comments or complaints regarding this Website to email@example.com.