- These terms and conditions
(“Terms”) govern the use of or access to
https://jackfruithomz.com/ (“Website”), the
“Jackfruithomz” mobile application (“App”), and
the Services (defined below). The Website and
App are collectively referred to as the
“Platform”.
- These Terms constitute a
binding and enforceable legal contract between
Select Home Interior Designers Pvt. Ltd, and our
affiliates (collectively, “Jackfruithomz” , “We”
or “Us”) and any end user (“User”) of the
Services, including end user’s use of all
properties, Platform, Services, products,
whether available over the internet or
otherwise, that are owned or operated by
Jackfruithomz (collectively, the "Properties"),
and all products and Services available from
Jackfruithomz, SPs (as defined below).
- A User or any end user of
the Services (collectively, “You”), represents
and warrants that You (a) have full legal
capacity and authority to agree and bind
yourself to these Terms, (b) are eighteen years
of age or older, and (c) are an Indian resident.
If You represent an entity, organisation, or any
other legal person, you confirm and represent
that You have the necessary power and authority
to bind such entity, organisation, or legal
person to these Terms.
By using the Services, you
agree that You have read, understood, and are
bound by these Terms, and that You comply with
the requirements listed herein. If You do not
agree to all of these Terms or comply with the
requirements herein, please do not access the
Platform or use the Services.
1. Provision of Services
- Technical Support - As part
of our Services, we will make our standard
technical support available to you.
Jackfruithomz shall be providing access to its
business Platform to all its registered users
(both the SPs and the End Customers) in order to
facilitate the provision of Services from SP to
End Customer and payment from End Customer to SP
in accordance with the terms of the agreement
between SP and End Customer. Jackfruithomz shall
neither be considered as a principal or an agent
of either of the End Customer or User nor to
that of any SP. Accordingly, Jackfruithomz shall
not be held liable in any manner pursuant to or
for any transaction taking place between the
users of Jackfruithomz’s business platform.
- Jackfruithomz by providing
such opportunities to the registered user of its
Platform strictly prohibits any User from
uploading any illegal, defamatory,
discriminatory, improper, indecent or
objectionable content or materials in any manner
whatsoever for any reasons. Amongst other
remedies, Jackfruithomz may delete the concerned
User’s account immediately without any
intimation to such user should any such content
or materials be uploaded from any user’s
account.
2. Cancellation Policy &
Refund
- Jackfruithomz connects the
customer with service providers in the
construction Industry (individually, a "SP"). We
endeavour to help customers discover and select
an SP based on characteristics that matter most
to them.
Jackfruithomz takes pride in the process of
providing transparent and trustful construction
services. Tremendous amounts of efforts are
being put by Jackfruithomz in understanding the
customer's requirement and/or providing designs
and other documents/details.
- In the unlikely event that
the customer decides to cancel the project after
paying any portion of the booking amount, the
customer shall inform Jackfruithomz (from the
e-mail address provided to Jackfruithomz) in
writing, vide an e-mail to
care@Jackfruithomz.com (or such other
e-mail address provided from time to time) or
registered post with acknowledgement due,
mentioning the reason(s) for cancelation.
Jackfruithomz on receipt such e-mail or
registered post, shall proceed to examine the
cancellation on a case-to-case basis and shall
follow the following principles in terms of
cancellation.
- For any cancellations
subsequent to payment of the booking amount,
Jackfruithomz may, subject to any other terms
contained herein, refund such portion of the
booking amounts as Jackfruithomz may determine,
after deducting inter alia for
(a) Costs incurred towards floor plans,
quotations and consultancy provided by the
Company's team to the customer, in the manner
specified in the table below depending on the
project value;
Project
Value (Lakhs INR) |
Deductions
to Customer |
<50 |
No Refund
|
>=50 & <100
|
Rs. 50,000
|
>=100 & <150
|
Rs. 70,000
|
>=150 & <250
|
Rs. 90,000
|
>=250 & <400
|
Rs. 100,000
|
>=400 & <600
|
Rs. 125,000
|
- and (b) costs incurred
towards soil testing, structure design,
elevations (3D or 2D), electrical design,
plumbing design, walkthroughs or any other
design apart from floor plan, contracts; and (c)
any other expenses incurred by Jackfruithomz in
relation to the project. In the event the costs
incurred by Jackfruithomz for the
afore-mentioned services exceeds the booking
amount paid by the customer, the customer shall
be liable to pay such excess to Jackfruithomz
within 15 (fifteen) working days of
Jackfruithomz issuing a written notice informing
of the same.
- In any event, Jackfruithomz
shall not be liable to refund any portion of the
booking amounts if any work of any nature, is
initiated by any SP or a professional appointed
for the project at the customer's project site.
- Jackfruithomz shall
transfer the refund amount, if any, payable to
the customer after making suitable deductions
and adjustments in the manner as provided for
above, to the bank account provided by the
customer, within 30 (thirty) business days from
the date Jackfruithomz and the customer mutually
agree on the final value of the refund amounts.
3. Account Information
- Jackfruithomz may upload
information relating to transactions with
customers, including the sale of goods or
services, costs, amounts paid and payable, and
details of goods and services, on the Platform
(such information is referred to as “Transaction
Information”). Transaction Information may be
exchanged between SPs and customer through
telephonic calls, text message, WhatsApp, email,
or other electronic mediums that would depend on
the contact details of SPs and customers
provided on the Platform.
- At the time of creating or
uploading the first Transaction Information with
respect to a customer, Jackfruithomz shall
inform such customer of its use of the Platform
to record such Transaction Information and
Transaction Information related to future
transactions and seek such customer’s express
consent in this regard and to:
- the creation of a profile
of the customer on the Platform, which will
require sharing such customer’s phone number
and contact details with Us;
- share such Transaction
Information with Us and third parties to
improve Our Services;
- receive communications
from Us regarding: (A) information relating to
their transactions recorded on the Platform;
(B) requests for payment; (C) information
about Us and the Services; (D) promotional
offers and services from Us and its
third-party partners, and (E) any other matter
in relation to the Services.
- Should the customer fail to
provide consent, or withdraw consent, the SP
shall immediately cease to use the Services in
relation to that customer.
4.Your Responsibilities
- The User represents and
warrants that all information that is provided
through or in relation to the Services is
complete, true, and correct on the date of
agreeing to these Terms and shall continue to be
complete, true, and correct while the User
avails the Services. Should any information that
the User provides change during the existence of
these Terms, the User undertakes to immediately
bring such change to Our notice. We do not
accept any responsibility or liability for any
loss or damage the User may suffer or incur if
any information, documentation, material, or
data provided to avail the Services is
incorrect, incomplete, inaccurate, or
misleading, or if the User fails to disclose any
material fact.
- The User shall be solely
responsible for ensuring compliance with
applicable laws, and shall be solely liable for
any liability that may arise due to a breach of
its obligations in this regard.
- The User shall extend all
cooperation to Us in its defence of any
proceedings that may be initiated against it due
to a breach of the Users obligations or
covenants under these Terms.
- While We use commercially
reasonable efforts to provide Users with a daily
backup of their Transaction Information, Users
should regularly and independently save, backup,
and archive such Transaction Information.
- The User shall not use the
Services in any manner except as expressly
permitted in these Terms. Without limiting the
generality of the preceding sentence, the User
may not:
- infringe any proprietary
rights, including but not limited to
copyrights, patents, trademarks, or trade
secrets, of any party;
- except as may be provided
hereunder, copy, display, distribute, modify,
publish, reproduce, store, transmit, post,
translate, create any derivative works from,
or license the Services;
- use the Services to
transmit any data or send or upload any
material that contains viruses, Trojan horses,
worms, timebombs, keystroke loggers, spyware,
adware, or any other harmful programmes or
similar computer code designed to adversely
affect the operation of any computer software
or hardware
- use any robot, spider,
other automated device, or manual process to
monitor or copy the Platform or Services or
any portion thereof;
- engage in the systematic
retrieval of content from the Platform or
Services to create or compile, directly or
indirectly, a collection, compilation,
database or directory;
- use the Services in (A)
any unlawful manner, (B) for fraudulent or
malicious activities, or (C) in any manner
inconsistent with these Terms; or
- violate applicable laws
in any manner
5.Our Intellectual
Property
- All rights, title, and
interest in and to the Platform and Services,
including all intellectual property rights
arising out of the Platform and Services, are
owned by or otherwise licensed to Jackfruithomz.
Subject to compliance with these Terms, We grant
the User a non-exclusive, non-transferable,
non-sub licensable, royalty free, revocable, and
limited license to use the Platform and Services
in accordance with these Terms and its written
instructions issued from time to time.
- We may request Users to
submit suggestions and other feedback, including
bug reports, relating to the Platform or
Services from time to time (“Feedback”). We may
freely use, copy, disclose, publish, display,
distribute, and exploit the Feedback without any
payment of royalty, acknowledgement, prior
consent, or any other form of restriction
arising out of the Userʼs intellectual property
rights.
- Except as stated in these
Terms, nothing in these Terms should be
construed as conferring any right in or license
to Us or any third partyʼs intellectual rights.
6.Term & Termination
- These Terms shall remain in
effect unless terminated in accordance with the
terms hereunder.
- We may terminate a Userʼs
access to or use of the Services, or any portion
thereof, immediately and at any point, at its
sole discretion if the User violates or breaches
any of its obligations, responsibilities, or
covenants under these Terms.
- Upon termination under
Clause 6(b):
- the Services will
“time-out”;
- the User shall not be
eligible to avail any features of the
Services; and
- these Terms shall
terminate, except for those clauses that
expressly or are intended to survive
termination or expiry.
- Notwithstanding anything
to the contrary contained in the Terms, upon
termination of a Userʼs access to or use of
the Services, all amounts or outstanding
monies due by you in relation to your use of
or access to the Services shall become
immediately payable.
7. Disclaimers and
Warranties
- The use of the Services is
at your sole risk.
- Jackfruithomz does not
sponsor, endorse, recommend or approve of any SP
who offers products or services through the
Services. While we try to confirm that SPs meet
certain requirements, we cannot and do not
represent or warrant that any SP is licensed,
qualified, bonded, insured or capable of
performing any service. Reference to any
products, services or other information by
trademark, manufacturer, supplier or otherwise
does not constitute or imply an endorsement,
sponsorship or recommendation by us.
- All non-Jackfruithomz
trademarks, product names and logos appearing on
our Services are property of their respective
owners. Any estimate provided in connection with
the Services is only a guide, it is not a
guarantee of the actual cost of your specific
project. Your interactions with organizations
and/or individuals found on or through the
Services, including payment and delivery of
goods or services, and any other terms,
conditions, warranties or representations
associated with such dealings, are between you
and such organizations and/or individuals.
- You should make whatever
investigation you feel necessary or appropriate
before proceeding with any online or offline
transaction with any of these third parties. You
agree that Jackfruithomz shall not be
responsible or liable for any loss or damage of
any sort incurred as the result of any such
dealings. If there is a dispute between
participants on this site, or between users and
any third party, you agree that Jackfruithomz is
under no obligation to become involved. In the
event that you have a dispute with one or more
other users, you release Jackfruithomz, its
affiliates, and their respective officers,
directors, employees, agents, advertisers,
shareholders, licensors, licensees and suppliers
from claims, demands, and damages of every kind
or nature, known or unknown, suspected or
unsuspected, disclosed or undisclosed, arising
out of or in any way related to such disputes
and/or our Services. You acknowledge and agree
that this waiver is an essential and material
term of these Terms, and that without such
waiver, these Terms would not have been entered
into by Jackfruithomz.
- We are merely a technology
platform service provider.
- To the extent permitted by
applicable law, the Services are provided on an
“as is” and “as available” basis. We do not
warrant that operation of the Services will be
uninterrupted or error free or that the
functions contained in the Services will meet
your requirements.
- To the fullest extent
permissible under applicable law, We expressly
disclaim all warranties of any kind, express or
implied, arising out of the Services, including
warranties of merchantability, fitness for a
particular purpose, satisfactory quality,
accuracy, title and non-infringement,
compatibility, applicability, usability,
appropriateness, and any warranty that may arise
out of course of performance, course of dealing,
or usage of trade.
- You hereby accept full
responsibility for any consequences that may
arise from your use of the Services, and
expressly agree and acknowledge that We shall
have absolutely no liability with respect to the
same.
To the fullest extent permissible by law,
Jackfruithomz, its affiliates, and its related
parties each disclaim all liability to you for
any loss or damage arising out of or due to:
- your use of, inability to
use, or availability or unavailability of the
Services, including any third-party services;
- the occurrence or existence
of any defect, interruption, or delays in the
operation or transmission of information to,
from, or through the Services, communications
failure, theft, destruction or unauthorised
access to Our records, programmes, services,
server, or other infrastructure relating to the
Services; or
- the failure of the Services
to remain operational for any period of time.
8. Indemnity
You shall indemnify, defend at Our option, and
hold Us, our parent companies, subsidiaries,
affiliates, and their officers, associates
successors, assigns, licensors, employees,
directors, agents, and representatives, harmless
from and against any claim, demand, lawsuits,
judicial proceeding, losses, liabilities,
damages and costs (including, without
limitation, from all damages, liabilities,
settlements, costs and attorneys’ fees) due to
or arising out of your access to the Services,
use of the Services, violation of these Terms or
any infringement by any third party who may use
your account with Us, of these Terms.
9. Limitation of
Liability
Notwithstanding anything to the contrary
contained herein, neither Jackfruithomz nor any
of its affiliates or related parties shall have
any liability to you or any third party for any
indirect, incidental, special or consequential
damages or any loss of revenue or profits
arising under, directly or indirectly, or
relating, in any manner whatsoever, to these
Terms or the Services. To the maximum extent
permitted by law, you agree to waive, release,
discharge, and hold harmless Jackfruithomz, its
affiliates and subsidiary companies, its parent
companies, and each of their directors,
officers, employees, and agents, from any and
all claims, losses, damages, liabilities,
expenses and causes of action arising out of the
Services.
10. Consent to Use Data
- You agree that We may in
accordance with Our Privacy Policy collect and
use your information and technical data and
related information.
- We may use information and
data pertaining to your use of the Services for
analytics, trendsʼ identification, and purposes
of statistics to further enhance the
effectiveness and efficiency of the Platform.
- Subject to applicable laws,
we may be directed by law enforcement agencies
or the government and related bodies to disclose
data in relation to Users in connection with
criminal proceedings. You understand and agree
that in such instances, we shall have the right
to share such data with relevant agencies or
bodies.
11. Modification
Jackfruithomz reserves the right at any time to
add, modify or discontinue, temporarily or
permanently, the Services (or any part thereof)
with or without cause. We shall not be liable
for any such addition, modification, suspension
or discontinuation of the Services.
12. Compliance with
Applicable Laws And Regulations
Compliance with Applicable Laws and Regulations
- You agree to comply with all central, state,
and local laws, rules, and regulations related
to or connected with use of the Services, and
you assume all liability and responsibility for
your use of the Services. If Jackfruithomz
reasonably determines that you are not in
compliance with applicable laws in your use of
the Services, we reserve the right to
immediately suspend or terminate your use of the
Services, and you will be solely responsible for
any penalties and other sanctions for legal
noncompliance.
Possible Suspension or Termination of Service
for Non-Compliance - If, for any reason,
Jackfruithomz reasonably believes that your use
of the Services is violating central, state,
and/or local rules or regulations, or is
harassing to consumers or businesses,
Jackfruithomz may suspend its Service to prevent
further calling of those numbers through its
Service. In addition, Jackfruithomz may review
your Service settings.
13. Jurisdiction,
Governing Laws, And Dispute Resolution
- These Terms shall be
governed by and construed and enforced in
accordance with the laws of India. Subject to
other provisions in this Clause, courts in
Bangalore shall have exclusive jurisdiction over
all issues arising out of these Terms or the use
of the Services.
- Any controversies,
conflicts, disputes, or differences arising out
of these Terms shall be resolved by arbitration
in Bangalore in accordance with the Arbitration
and Conciliation Act, 1996 for the time being in
force, which is deemed to be incorporated by
reference in this Clause. The tribunal shall
consist of 1 (one) arbitrator appointed by
Jackfruithomz. The language of the arbitration
shall be English.
- The parties to the
arbitration shall keep the arbitration
confidential and not disclose to any person,
other than on a need to basis or to legal
advisors, unless required to do so by law. The
decision of the arbitrator shall be final and
binding on all the Parties hereto.
- Each party to the
arbitration shall bear its own costs with
respect to any dispute.
14. Miscellaneous
Provisions
- Modification -
Jackfruithomz reserves the right at any time to
modify these Terms and to add new or additional
terms or conditions on use of the Services. Such
modifications and additional terms and
conditions will be communicated to you and,
unless expressly rejected (in which these Terms
shall terminate), will be effective immediately
and will be incorporated into these Terms. In
the event you refuse to accept such changes,
these Terms will terminate.
- Severability - If any
provision of these Terms is determined by any
court or other competent authority to be
unlawful or unenforceable, the other provisions
of these Terms will continue in effect. If any
unlawful or unenforceable provision would be
lawful or enforceable if part of it were
deleted, that part will be deemed to be deleted,
and the rest of the provision will continue in
effect (unless that would contradict the clear
intention of the clause, in which case the
entirety of the relevant provision will be
deemed to be deleted).
- Assignment - You shall not
licence, sell, transfer or assign your rights,
obligations, or covenants under these Terms in
any manner without Our prior written consent. We
may grant or withhold this consent in its sole
discretion and subject to any conditions it
deems appropriate. We may assign its rights to
any of its affiliates, subsidiaries, or parent
companies, or to any successor in interest of
any business associated with the Services
without any prior notice to you.
- Notices - All notices,
requests, demands, and determinations for
Jackfruithomz under these Terms (other than
routine operational communications) shall be
sent to info@Jackfruithomz.com
. If you have questions on these Terms, please
contact us by email at info@Jackfruithomz.com.
- Third Party Rights - No
third party shall have any rights to enforce any
terms contained herein.
- Translations -
Jackfruithomz will not be liable for inadequate
performance to the extent caused by a condition
(for example, natural disaster, act of war or
terrorism, riot, labour condition, governmental
action, and Internet disturbance) that was
beyond it’s reasonable control.
- Force Majeure - No third
party shall have any rights to enforce any terms
contained herein.
- Entire Agreement - These
Terms constitute the entire agreement between
You and Jackfruithomz concerning the Services
and supersede all prior or contemporaneous
communications of any kind between You and
Jackfruithomz with respect to the Services.
- Waiver - No waiver of any
provision of these Terms shall be deemed a
further or continuing waiver of such term or any
other term, and Jackfruithomz's failure to
assert any right or provision under these Terms
shall not constitute a waiver of such right or
provision.
- Attorney Fees - If the
Jackfruithomz Parties take legal action against
you as a result of your violation of these
Terms, the Jackfruithomz Parties will be
entitled to recover from you, and you agree to
pay, all reasonable attorneys' fees and costs of
such action, in addition to any other relief
granted to the Jackfruithomz Parties.
-
When you voluntarily send us electronic mail, we will keep a record of this information so that we can respond to you. We only collect information from you when you register on our site or fill out a form. Also, when filling out a form on our site, you may be asked to enter your: name, e-mail address or phone number. You may, however, visit our site anonymously. In case you have submitted your personal information and contact details, we reserve the rights to Call, SMS, Email or WhatsApp about our products and offers, even if your number has DND activated on it.