TERMS AND CONDITIONS OF USE

 

The website www.jswinspire.in (“Platform”) is built and operated by Sporta Technologies Private Limited (“Company”), a company incorporated under the laws of India and having its registered office at Unit No. 1201-1202, 12th Floor, Wing A, One BKC, G Block, Plot No.66, Bandra Kurla Complex, Bandra-E Mumbai, Maharashtra - 400051, India. The Company has obtained the exclusive license to build and operate the Platform from its owner JSW IP Holdings Private Limited (“JSW”), having its registered office at JSW Centre, Bandra Kurla Complex, Bandra (East), Mumbai 400051. The Platform is for listing, exhibition and offering for sale various products (“Products”) to the users/customer or viewer of this Platform (“Users”).

 

The terms ‘Company’ or ‘us’ or ‘we’ refer to the Company. The terms ‘you’ or ‘User’, and all its grammatical variations, refer to the user/ customer or viewer of this Platform.

By browsing, viewing, using the Platform or purchasing the Products therein, you consent to and agree to comply with these Terms and Conditions of Use (“Terms”).

    

The Company lists the Products on the Platform subject to the notices, terms, and conditions set forth in these Terms. In addition, when you seek to purchase any of the Products, you will be subject to the Company’s Privacy Policy for the Platform as available and any other rules, guidelines, policies, terms, and conditions applicable to such Products, which will be deemed to be incorporated into these Terms by reference. By accessing, viewing, posting any User generated content to any specific dedicated page on the Platform and/or by purchasing the Product on the Platform you accept and consent to these Terms and the Privacy Policy of the Platform as well as any other rules, guidelines, policies, terms, and conditions applicable to such Products, which will be deemed to be incorporated into these Terms by reference. The Company reserves the right to change or modify the Platform, the contents thereof, the Products and these Terms at any time without any prior intimation to you. All modifications will be posted on the Platform and will become effective immediately upon such posting to the Platform. Your continued use of the Platform after such change or modification shall be deemed to be your agreement to the revised/modified Terms. Please review these Terms regularly to remain informed of any change. The Company retains the right to deny access to the Platform and/or refuse the sale of Products to anyone who it believes has violated any of these Terms.

 

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, AS MODIFIED FROM TIME TO TIME. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.

 

1. Eligibility

 

1. You will be eligible to enter into transactions on the Platform only if you are above eighteen (18) years of age, are of a sound mind and are not disqualified from contracting by any law to which you are subject to. If you are under eighteen (18) years you age, you may access and use the Platform only with the involvement of a parent or guardian.
2. By visiting the Platform and thereby accepting these Terms, you represent and warrant to the Company that you are competent to contract under the law you are subjected to. You also represent and warrant to the Company that you will use the Platform in a manner consistent with any and all applicable laws and regulations.

 

1. Registration

 

1. In general, you can visit our Platform without purchasing the Products or revealing your identity or any personal information about yourself. However, you may not be able to access certain parts and sections of the Platform or purchase the Products unless you register with and create an account with the Platform or login using your Platform credentials.

 

1. The information sought at the time of registration may include your username, email address, password, address, date of birth and mobile number. You may be required to provide certain additional information as may be specified at the time of registration or as specified in the Privacy Policy. The registration information you provide must be accurate, complete, and current at all times.

 

1. You shall not use as a username, the name of another person or entity that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account. You agree to immediately notify the Company in the event of any unauthorized use of your account or login or if any other breach of security comes to your attention.

 

1. The Company reserves the right to terminate any user account that you may setup on the Platform, if it finds, in its sole and absolute determination, that you are in breach of the eligibility criteria set out above or if you violate any of these Terms.

 

1. Use of Content

 

This Platform is built and operated by the Company. The Company authorizes you, subject to these Terms, to view and use/access the content available on or from the Platform solely for your personal, non-commercial use. The contents of the Platform, such as User Interface designs, mock-ups, text, data, graphics, images, video, information, logos, button icons, software, audio files and other Platform content (collectively, the“ Platform Content”), are protected under applicable copyright, trademark and other laws. The Platform Content is the property of the Company or its licensors, and specifically, the trademarks and other intellectual property used within the Products (whether existing or those which are added later) on the Platform is the exclusive property of the respective Product vendors and/or their licensors, and/or of the Company and its licensors (as applicable), and is protected by Indian and international copyright, trademark, and other laws. Unauthorized use of the Platform Content may violate these laws and/or applicable communications, regulations and statutes and is strictly prohibited. You may not sell or modify the Platform Content nor reproduce, display, publicly perform, distribute, or otherwise use the Platform Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Company, or in any other manner that is likely to cause confusion among consumers or that otherwise infringes the Company's or its licensors’ or its vendors’ intellectual property rights. Without the prior written consent of the Company, modification or use of the materials/ Platform Content on any other website or networked computer environment for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights of the Company/ its licensors/ its vendors and is prohibited. Any use of the materials/ Platform Content for which or pursuant to which you receive or intend to receive any remuneration, whether monetary or otherwise, is a commercial use for the purposes of this clause. The Platform Content, despite efforts of the Company, may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness or timelines of the Platform Content. The use of the Platform Content is at your own risk. This Platform may contain content provided by third parties. The responsibility for such content is solely that of the respective authors/contributors/posters/vendors and is not necessarily endorsed in any manner by the Company. The Company shall not be responsible for or liable in any manner whatsoever for the content provided by such authors/contributors/posters/vendors in any section of this Platform. Further, the accuracy of the Platform Content has not been verified by the Company and we provide no warranties of the same. If you seek to rely on any representation of information contained on this Platform, any such reliance shall be at your own risk.

 

1. Orders and Specifications

 

1.  The Company offers, and facilitates the listing, exhibition and offering for sale of Products and provides Users of the Platform with an opportunity to purchase the Products through the Platform. A User may select Products, which the User wishes to purchase on the Platform by clicking the Product (s) and making an offer to purchase on the Platform, as detailed below. In addition to the criteria set out below, our acceptance of your offer is subject to your eligibility to transact on the Platform and logging in or registering on the Platform.

 

1. You acknowledge and agree that the listing and display of a Product on the Platform shall be considered and construed as an invitation to offer or invitation to treat, and Company and/or any vendor shall not be considered to have made any binding offer in relation to the Product by merely listing the same on the Platform. The price set out against a listed Product may be subject to revision on account of taxes, delivery charges, processing charges, exchange rate fluctuations and similar charges/amounts or any other reason at the discretion of the Company and or/ other vendors. You agree that by clicking on the Product, you shall be considered to have made an offer to purchase such Product to the Company, or the corresponding vendor who has listed the Product through the Platform. The Company and/or the vendor shall thereafter determine if they can accept and fulfil the offer, based on availability and serviceability of the stated delivery address and other matters affecting the delivery of the Product to you. Your order for the Product (“Order”) shall be modified by you only as per the Returns and Cancellation policy of the Company provided below. 

 

1. Please note that cash on delivery (COD) payment option, may be disabled for certain Users and/or delivery locations, at the sole discretion of the Company for reasons which may include without limitation, previous abuse of the option by a User, and for certain Products, where Company and or the vendors are unwilling to extend this option.

 

1. The Order details shall be notified to you through the email address registered with the Platform to make the purchase, and will contain the price and the specified delivery address for the Order. In the unlikely event of an error in the Order details, it is your responsibility to contact us and notify us of such error or mistake with the Order as soon as reasonably practicable and in no event after the issue of the shipment notification of your Order by the Company. Failure to do so may lead to the incorrect Order being sent out to you.

 

1. The tentative timeline of shipment or delivery of the Product may be notified to you on the Product page or in the Order details notification. The delivery of the Product will be arranged by the Company’s/vendor’s service provider at your mentioned address. The delivery of the Products is only available in the Republic of India (“Territory”). The serviceability and delivery of each Product in your specific location in the Territory shall be notified to you at the time of purchase of the Product. In case the delivery fails due to your absence or failure to connect/cooperate with the service provider, the service provider shall attempt two (2) more times to complete the delivery of the Product in coordination with you and with your reasonable cooperation. In case, such subsequent two (2) attempts to deliver also fail, then the Product shall be considered as undelivered (“Undelivered Product”) and your Order shall be cancelled. The refund of any payment made by you on the Platform for the Undelivered Product shall be as per the Returns and Cancellation policy of the Company explained below.

 

1. You acknowledge and agree that some Products on the Platforms may be out of stock for a certain period of time (“Out of Stock Product”). At the sole discretion of the Company/vendor you may get an option to click on the Out of Stock Product, and make an offer to purchase such Out of Stock Product from the Company, or the applicable vendor who has listed the Out of Stock Product through the Platform. The Company and/or the vendor shall thereafter determine if they can accept and fulfil the offer, based on availability and serviceability of the stated delivery address and other matters affecting the delivery of the Out of Stock Product to you. Your Order for the Out of Stock Product shall be modified by you only as per the Returns and Cancellation policy explained below.

 

1. Please be aware that all Products offered for sale on the Platform are subject to availability. While the Company endeavours to ensure that Company and/or the vendors listing Products on the Platform display and describe as accurately as possible the printed colours on the Products, we cannot undertake to give any assurance that the colours supplied will match those displayed on your device.

 

1. Returns and Cancellation

 

The following terms on returns and cancellation shall apply on the Platform unless otherwise expressly provided and disclosed by the Company and/or the vendor in relation to specific Product/s listed on the Platform.

 

1. Returns and Exchange

 

Subject to these Terms, Orders can be exchanged or returned if : (i) the Product is of a different size from the Order (“Size Variation”), or (ii) the Product is of different specification (“Wrong Product”), it being clarified that a minor variation in the colouration or colour-shade of the Product from the Order shall not be construed as constituting a difference in specification, or (iii) the Product suffers from a defect in workmanship or manufacture, or (iv) the Product is delivered in a damaged condition or in an unsealed condition or with the tampering of any seals applied by the Company/vendor/manufacturer against the Product packaging (“Defective Product”), or (v) if any Product in the delivered Order is missing (“Missing Product”), or (v) for any other reason as intimated by you to and approved by the Company (“Other Returns”) (hereinafter all of the above are collectively referred to as “Exchange  Request” or “Return Request”, as the case may be).

Please note that certain products including masks/boxers, any customised products, electronic items, coasters, keychains, wristbands (and such other product as intimated by the Company while placing your Order) sold on the Platform shall not be returned/exchanged by the Company and/or the vendor.

For any Exchange Request or Return Request you shall notify the Company through the Platform of the receipt of such Product, which notification shall be made against the Order ID under which the Product has been delivered. You agree to make such notification not later than ten (10) days from receipt of the Product (or within such other time as intimated by the Company while placing your Order). In case you fail to notify the Company of the aforementioned request within the aforementioned period, you shall be considered to have unconditionally accepted the Product and no return or exchange notification of the Product shall be accepted thereafter. Upon receipt of the aforementioned notification within the timelines specified herein, the Company/vendor shall contact you and make reasonable enquiries to ascertain and verify the complaint against the Product. You shall only be entitled to make one Exchange Request against a Defective Product, for Size Variation or a Wrong Product.

Upon completion of verification, you may get an option to return the Product. After the receipt of the Return Request or Exchange Request, the Company/vendor will arrange for a pick-up of the Product. You agree to make yourself available for the return of the Product to the Company’s/vendor’s service provider and shall return the Product in the same condition as received. The Company’s/vendor’s service provider may contact you in case of a rescheduling of the pick-up and you agree to reasonably cooperate with such rescheduling. In case a pick-up fails due to your absence or failure to return the Product in the same condition as received or any factor attributable to you, then the Company’s/vendor’s service provider shall attempt two (2) more times to complete the pick-up in coordination with you and with your reasonable cooperation. In case such subsequent two (2) attempts to complete the pick-up also fail due to your absence or failure to return the Product in the same condition as received or any factor attributable to you then you will be deemed to have accepted the Product as-is and the Company/vendor shall be under no obligation to accept or procure the return/ exchange of the same, or refund any price or amount paid for the purchase of the same. You agree that the return/exchange will be processed only if the Company/vendor agrees that:

• The Product was not damaged while in your possession;
• The Product is returned in the original condition in which it was shipped to you (with price tags, brand tags, packaging material and accessories therein); and
• The Product is not different or dissimilar in any manner from what was shipped to you.

 

An image of the Product shall be required to be uploaded by you at the time of raising a notification for return in case of a Defective Product, Wrong Product or Size Variation as applicable.

In case of the return of a Product, you shall have an option to either receive a redeemable Platform discount coupon for the amount paid by you for the Product or the money paid by you shall be transferred back to the account from which payment of the Order was made within 7-10 days of the approval of the Return request of your Order by Company/vendor after its quality check as per the aforementioned criteria on the receipt of the Product back in the warehouse. 

1. Cancellation

 

Once the Order has been acknowledged through issuance of an Order details notification, you can cancel the Order by notifying the Company/vendor through the Platform of such cancellation against the Order ID under which the Product has been delivered. You agree to make such notification any time before the shipment notification of your Order/Pre-Order has been issued by the Company/vendor. In case you fail to notify the Company/vendor of the cancellation request within the aforementioned timeline, you shall be considered to have unconditionally accepted the Order and no cancellation request or notification of the Order shall be accepted thereafter. Upon receipt of a cancellation request within the timelines specified herein and if the Order is not already shipped, the Company/vendor shall contact you and make reasonable enquiries to ascertain and verify the reason for your cancellation of the Order.

Notwithstanding anything set out in the Terms, the Company and/or the vendor reserves the right to cancel your Order at any time for any reason whatsoever including due to non-availability of the Product, restriction on sale of the Products due to change in law, suspicion of fraudulent activity or due to any other reason based on its sole discretion. The Company shall not be liable to pay for any damages in an event of cancellation of the Order or delay in delivery. 

If the Company/vendor cancels your Order or you cancel an Order (as permitted under the Terms), you will receive a refund of the amount into your source account or wallet within 7-10 days from the time of Order cancellation. 

1. Undelivered Orders

 

In the event your Order has not been delivered but you receive an intimation of completion of delivery or proof of delivery (POD) from the Company (or its vendors) regarding your Order (or Product(s) therein) pending such delivery, then you are required to notify the Company of such discrepancy within 5 (five) days of receipt of such POD. In case you fail to notify the Company of the discrepancy within the aforementioned timeline, you shall be considered to have unconditionally accepted the Order and no refund request of the Order (or Product(s) therein, as applicable) shall be accepted thereafter.

1. Pricing Information

 

The Company/vendor strives to provide accurate information with regard to the prices of Products on the Platform, however errors may occur. 

If a Product is listed at an incorrect price or with incorrect information due to any technical or typographical error, the Company shall have the right, at its sole discretion, to refuse or cancel any Order placed for that product, unless the Product has already been delivered to you. In the event that an item is wrongly priced, the Company may, at its discretion, either contact you for instructions or cancel your Order and notify you of such cancellation. Unless the Product ordered by you has been delivered and the services are availed, your Offer will not be deemed accepted and the Company will have the right to modify the price of the Product and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of Order, or cancel the Order and notify you of such cancellation. 

All prices shall be listed in Indian Rupees (or its equivalent in the local currency, if offered by the Company) and are subject to change at the Company’s discretion.

1. Reviews

 

Users of the Platform who have been verified to have purchased Products on the Platform may be given the option to post reviews of such Products purchased on the Platform, as long as the reviews are not, obscene, abusive, threatening, defamatory, or otherwise injurious to third parties, or objectionable and do not consist of political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam” or are not otherwise in contravention of these Terms. The Company reserves the right (but not the obligation) to remove, refuse, delete or edit any review posted by a User on the Platform which in the sole judgment of Platform violates these Terms and, take other action including terminating the User’s access to the Platform.

 

1. Payment

 

All payments made for Products offered for sale on the Platform shall be through a third party payment gateway accessible from the Platform. In using the third party payment gateway you shall be subject to the terms of service and privacy policy of such service provider. The Company/vendor, in no way takes responsibility or liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of your interactions with the payment gateway or your inability to process a payment. In case your transaction fails at the time of placing an Order, and if your payment is debited from your account after a payment failure, it will be credited back to you as per the terms and conditions of the payment gateway used for such transaction. 

 

1. User Representations

 

1. You hereby represent and warrant to the Company that as a User, you will not provide personal information that is not your own. The user account of any User found to be r providing information in proxy or in violation of the privacy rights of any other individual will be liable to be immediately terminated. 
2. You further represent and warrant that, to the extent you decide to share personal or other information, you will not post or submit incomplete, false or inaccurate personal or other information.
3. You further represent and warrant to the Company that any information or documentation made available by you to the Company or on the Platform shall not constitute confidential information and that we are not bound by any confidentiality or non-disclosure obligations in relation to such information or documentation, and are permitted to share the same with third parties.