Terms and Conditions

Welcome to Jain Marketplace.

By accessing or using “Jain Marketplace” the mobile application or any other media ("Website"), whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein you (“User”) agree to be bound by these Terms and Conditions (“Terms”) and any additional terms and conditions of third party sellers (“Sellers”).

By impliedly or expressly accepting these Terms, you also accept and agree to be bound by “Jain Marketplace” Policies (including but not limited to the Privacy Policy available at “forjain.com/privacy-notice” as amended from time to time. If you do not want to be bound by the Terms, you must not subscribe to or use our services. We encourage our users to read these Terms carefully while using the Application.

In these Terms, references to "you", "User" shall mean the end-user/customer accessing the Application, its contents and using the Services offered through the application. "Service Providers" mean independent third-party service providers or Sellers, and references to the “Application”, "Jain Marketplace ", “forjain.com”, "we", "us" and "our" shall mean the Application and/or For Achiever India Pvt. Ltd., its affiliates and partners (as applicable).

The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Application and the User. These Terms are made available to the User pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules, regulations, privacy policy and Terms for access or usage of the Application.

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.

Jain Marketplace operates as a partial marketplace and partial Inventory based business model. As a result, Jain Marketplace has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of users to pay for the products. Jain Marketplace does not pre-screen content or information provided by users and cannot ensure that a user or seller will actually complete a transaction. Consequently, Jain Marketplace cannot and does not transfer legal ownership of items from the seller to the users.

Further, the terms and conditions for any product, sale, discount, discount vouchers, gift vouchers, pre-paid instruments or contest event organized on the Application from time to time, shall be subject to third party/Seller terms and conditions. In addition to the above, some areas of the Application may contain content provided by our third-party partners and such content shall be subject to separate terms and conditions of use, which are posted within those areas by third-party partners.

This Application may also contain links to other Applications, which are not operated by the Application, and the Application has no control over the linked apps and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked apps will be subject to the terms of use and service contained within each such site.

We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Application and may, at the sole discretion of the Application be notified to the users from time to time. Notwithstanding the foregoing, by continuing to use the Application after we post any such changes, you accept the Terms as modified.

These Terms will continue to apply until terminated by either you or Jain Marketplace in accordance with the terms set out below:

The agreement with Jain Marketplace can be terminated by (i) not accessing the Application; or (ii) closing your account, if such an option has been made available to you.

The above clause shall also apply to any additional terms applicable to the use of the Application and Jain Marketplace reserves the right to terminate access to the Application (including any services offered as part thereof).

Eligibility:

Use of the Application is available only to such persons who can legally contract under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Application.

Any minor desirous to use or transact on Application is required to conduct such transactions through their legal guardian or parents.

The Application reserves the right to terminate any membership and / or refuse to provide access to the Application if it is brought to the Application’s notice or if it is discovered that the person accessing/using the Application is under the age of 18 years.

By accepting the terms or using or transacting on the Application, the user irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Application and such user to the extent permissible under applicable laws.

Account, Password, and Security:

Any person may access the Application and the products either by registering to the Application or using the Application as a guest. However, a guest user may not have access to all sections of the Application including certain benefits/promotional offers, which shall be reserved only for the purpose of registered users, and which may change from time to time at the sole discretion of the Application.

If you wish to register yourself with the Application, you shall be required to create an account by registering your Mobile Number / Email-Id or by filling in the details prescribed in the Application registration form. You will then receive a password and account designation upon completing the Application registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Application of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. “Jain Marketplace” cannot and will not be liable for any loss or damage arising from your failure to comply with this section or for any losses occurring thereto. You, as the user, waive any claims against the Application for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.

If any user learns or is made or becomes aware of any instance of hacking or misuse of its user account, it shall without delay notify the Application of the same. Additionally, registered Users may be held liable for losses incurred by the Application for any loss or damage caused as a result of a failure in maintaining security by the relevant User.

If any User provides any information that is untrue, false, not updated, and incomplete or the Application has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Application shall have the right to suspend or terminate the relevant user account and refuse any and all current or future use of the Application (or any portion thereof).

The Application may be inaccessible for such purposes as it may, at its sole discretion deem necessary, including but not limited to regular maintenance. However, under no circumstances will Jain Marketplace be held liable for any losses or claims arising out of such inaccessibility to the users and the users expressly waive any claims against Jain Marketplace in this regard.

Users of the Application may be required to provide certain personal information and expressly permit the Application from accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the personal information of the Users shall be subject to the Application’s privacy policy available at forjain.com/privacy-notice

Products:

The Application operates as a market place and merely provides an online platform to various sellers to advertise, display, make available and sell various products (including services ancillary to the products and services), coupons, and services to users of the Application (“Products”). The Application merely facilitates the engagement of the users and various sellers and provides such other services as are incidental and ancillary thereto.

Additionally, the Application reserves the right to terminate the services offered at any time to the users without any notice.

All products exhibited on the Application are on an “as is” and “as available” basis. Images of products are for and by reference only and actual product may vary from the corresponding image exhibited. The Application disclaims any liabilities arising out of any discrepancies to this end.

Jain Marketplace hereby disclaims any guarantee of exactness as to the finish and appearance of the final product as ordered by the user. The quality of any product, service, information, or other material purchased or obtained by you through the Application is not endorsed or supported by Jain Marketplace and is the sole liability of the respective seller. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by the availability of product difference in size charts of respective brands etc.

Prices for products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a user. The Application disclaims any and all claims and/or liabilities arising from such revision in prices.

Payments:

Prices for products are described on our Application and are incorporated into these Terms by reference. All prices are in Indian rupees, prices, products and services are offered by the respective seller and may change in accordance with the brand guidelines or other terms and conditions applicable to each seller. Users further undertake that by initiating a transaction, the user is entering into a legally binding and enforceable contract with the seller to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Application.

The Application does not charge any registration/membership or browsing fee. However, the Application reserves the absolute right to alter the fee policy from time to time. In the event, the Application alters its services, it may introduce new fees for such altered services. All such fees that the Application may charge will be intimated to the users and such change shall automatically become effective immediately after they are posted on the Application. All such fees charged by the Application shall be in Indian Rupees. The users continued use of the Application shall be deemed as an acceptance of the amended terms and conditions.

Jain Marketplace may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between users and sellers. The Application shall initiate the remittance of the payments made by the user and the date of completion of transaction shall be after the products are delivered to the user and such other additional time as may be agreed between Application and the sellers.

While availing any of the payment method/s available on the Application, the Application will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:

Lack of authorization for any transaction/s, or

Exceeding the preset limit mutually agreed by and between the user and relevant banks of the user, or

Any payment issues arising out of the transaction, or

Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User;

The decline of transaction for any other reason(s)

Notwithstanding anything contained herein, the Application reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the credibility of the User.

All payment and delivery related conditions are in accordance with the contractual relationship impliedly established between Jain Marketplace and the User purchasing the same and payment facility provided by the Application is merely used by the User and Jain Marketplace to facilitate the completion of the purchase made by the User.

The Application is operated by For Achiever India Pvt. Ltd., a company incorporated under the laws of India having its head office at 4 /A, Ramya Appt., Opp. Ketav Petrol Pump, Ambawadi, Ahmedabad, Gujarat, India, 380015. All references to Application in these Terms shall deem to refer to the aforesaid entity in the inclusion of the online portal.

Use of the payment facilities provided by the Application shall not render the Application liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products listed on the Application. The Application shall not be responsible for any damages, interests or claims arising from not processing a transaction.

Every user hereby agrees to provide accurate information, such as credit/debit information for purchasing products on the Application. Every user further warrants that he/she shall not use payment information or instrument that is not lawfully owned by the user. The Application shall not utilize or share details with any third party unless required as per law, regulation or court order or in accordance with the terms of the Privacy Policy. The Application disclaims all liabilities arising out of loss of any information pertaining to the confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these Terms, the Terms and Conditions of the bank or other financial institution shall also be applicable to every User. The Application disclaims any liability arising out of declining of payment by such bank or financial institution.

The Application may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products.

Additionally, the Application reserves the right to refuse to process transactions exceeding such limits and transactions by users that have incurred questionable charges and amounts.

The Application is merely a facilitator for providing the user with payment channels through automated online electronic payments (either itself or through third-party service providers), cash on delivery, collection and remittance facility for the payment of products purchased by the user on the Application using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Application or service providers).

Shipping and Delivery:

All products purchased from the Application shall be delivered to the user by Jain Marketplace on behalf of the respective Sellers through a logistics partner or by the sellers themselves. All deliveries where applicable shall be made on a best efforts basis, and while the Application will endeavor to deliver the products on the dates intimated, the Application disclaims any claims or liabilities arising from any delay in this regard. On behalf of the seller, a nominal fee may be charged on all cash on delivery (“COD”) orders. The COD charge can be viewed at the time of placing the order and in all order related emails. This charge shall not be refunded if an item is returned or if the cancellation request is raised after the order is shipped.

Jain Marketplace shall not be responsible for any delay in the delivery of the products. Jain Marketplace shall not be liable for any damage to the product in transit due to mishandling by the logistics partner.

The logistics partner supported by Jain Marketplace will make a maximum of two attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts the respective seller reserves the right to cancel the order(s) at its discretion. In the case of Hyperlocal delivery, only a single attempt will be done, if it is still not accepted by the buyer then order will be canceled and further delay can occur into the refund process.

The estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.

Sometimes, the delivery may take longer due to inter alia:

Bad weather

Flight delays

Acts of God

Political disruptions

Other unforeseen circumstances

In the event any delay in delivery of a product is expected, the Application may, at its sole discretion, intimate the user who may have purchased the same, regarding such delay.

The Application shall not be held responsible and will bear no liability in case of failure or delay of delivering the products including any damage or loss caused to the products.

Where there is a likelihood of delay in delivery of the products, the User may be notified of the same from time to time. However, no refunds may be claimed by the user for any delay in delivery of the products, which was caused due to reasons beyond the control of the Application and/or the seller.

However, in the case where a damage has been caused to the products ordered, the seller shall replace the products as per the seller’s replacement policy as may be indicated on the Application along with the Product.

In case a user purchases multiple products in one transaction, the seller(s) may deliver the same together. However, this may not always be possible and shall be subject to availability of stock with the relevant sellers.

If a user wishes to get delivery to different addresses, then the user shall be required to purchase the products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The user agrees that the delivery can be made to the person who is present at the shipping address provided by the user.

Jain Marketplace shall not compensate for any mental agony caused due to delay in delivery. The users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the bank account, as soon as the order is successfully canceled.

Return, Exchange, and Refund:

All Products ordered from the Application and successfully delivered to the user by the respective Seller may be returned to the seller in accordance with the terms contained in the respective Seller policy.

Our focus is on complete customer satisfaction. In the event, if you are displeased with the services provided, we will refund back the money, provided the reasons are genuine and proved after investigation. Please read the fine prints of each deal before buying it, it provides all the details about the services or the product you purchase.

However, no products will be accepted by the Seller if (a) the Products have been damaged by the user (b) if there is a change in the quality, quantity or other characteristics of the Product (c) if as per the seller the product returned is not the product that was delivered (d) any other circumstances that the Application and/or the seller may notify or deem appropriate from time to time.

In case of dissatisfaction with our services, clients have the liberty to cancel their projects and request a refund from us. Our Policy for the cancellation and refund will be as follows:

Return/Exchange should be initiated within 48 hours after order delivery. (*Hyperlocal Delivery return/Exchange should be initiated within 24 hours of delivery)

The tags on the product should be intact.

The product should be unwashed, unused, and in an undamaged condition.

The item needs to be returned along with the original packaging.

Some of the products may be excluded from the return and exchange facility.

We will try our best to create suitable design concepts for our clients.

In case any client is not completely satisfied with our products we can provide a refund. 

In case of return initiated and if it is found by our logistic service provider or seller that the claimed shipment was empty, the onus shall be on the user to prove through presentation/submission of Proof of Delivery (PoD) to the seller and the concerned logistic service provider to establish his/her claim of return. However, non-receipt of the product by the seller may lead to no refund/exchange being issued to the user. The user cannot claim against Jain Marketplace in this regard as Jain Marketplace will not be responsible for any kind of return/exchange in this case.

In case of any discrepancy in the status of reverse pick up of a product, (where the users claim the product has been returned, while our system suggests otherwise) refund will be initiated only if the users successfully furnish the RVP slip given at the time of the pick-up.

Jain Marketplace will not be liable for the products returned by mistake. In circumstances where a product not belonging to Jain Marketplace is returned by mistake, Jain Marketplace is not accountable for misplacement or replacement of the product and is not responsible for its delivery back to the User.

Size exchange can be availed only once at the special price of an item. Please take note that this is applicable only to products that are exchangeable, as mentioned on the product page.

Once returned or in case the user does not receive the delivery within the time period agreed the user will be entitled to claim a refund of the entire cost of the Product after adjusting relevant logistic service charges and such other charges that the Application may at its own discretion deduct. In case a User does not raise a refund claim as per the Terms, the User shall be ineligible for a refund. In the event, the refund facility is not available in full or in part for certain Products, the User shall not be entitled to a refund in respect of such Products.

All Products ordered by the user shall be eligible to be replaced in accordance with the seller’s replacement policy as indicated hereinabove, if the product delivered is damaged, soiled or is different from the product specifications mentioned on the Application. Jain Marketplace will accept the return or exchange of a product only in accordance with the returns policy of the respective seller.

In case of a size exchange, the differential amount, if any, shall be forfeited. This will apply irrespective of any increase or decrease in the price of the product being exchanged.

Refund, if any, shall be made at the same issuing bank through which the product was purchased. For cash on delivery transactions, the user has the option to receive the refund in any bank account via NEFT (for which the User shall have to share the bank details) or, the refund will be credited to the wallet linked to his/her user account on the Application.

Refund -  Customers can initiate the Refund within 48 hours & once the refund is approved, it will be initiated within 7-8 hours. The amount would be reflected within 5 working days.

For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode.

All refunds shall be made in Indian Rupees only.

The User acknowledges that the Application will not be liable for any damages, interests or claims etc. resulting from non-processing an order or any delay in processing an order which is beyond the control of the Application.

All users and sellers shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made thereunder, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made thereunder, Income Tax Act, 1961 and the rules made thereunder and all other laws as may be applicable.

Cancellation:

To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Jain Marketplace reserves the absolute right to cancel all past, pending, and future orders without any liability. Jain Marketplace also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on Application and stock unavailability. We may also require additional verifications or information before accepting any order. We may contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your card has been charged, the said amount will be reversed to your account. Any promotional voucher used for the canceled orders may not be refunded. Further, in case of suspicious transactions, For Achiever India Pvt. Ltd. reserves the right to inform law enforcement officials and provide them with all transaction details that may be requested for investigation of any illegal activity.

The User may be considered fraudulent if  any of the following scenarios are met:

User does not reply to the payment verification mail sent by Jain Marketplace.

User fails to produce adequate documents during the payment details verification

Misuse of another user's phone/email

The user uses invalid email and phone no.

Overuse of a voucher code

Use of a special voucher not tagged to the email ID used.

User returns the wrong product

User refuses to pay for an order

User is involved in the snatch and runs for any order

The User may be considered a loss to business if any of the following scenarios are met:

User with a very high return rate

Invalid/Incomplete address cases

Repeated request for monetary compensation for petty issues

An account of the User falling in fraudulent or loss to business category may be blocked. Any credits earned through loyalty or referral programs will be forfeited in such a case.

Jain Marketplace may cancel any orders that classify as 'Bulk Order' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order' if it meets with the below-mentioned criteria, and any additional criteria as defined by Jain Marketplace:

Products ordered are not for self-consumption but for commercial resale

Multiple orders placed for the same product at the same address, depending on the product category

Bulk quantity of the same product ordered

Invalid address given in order details

Any malpractice used to place the order

Any promotional voucher used for placing the 'Bulk Order' may not be refunded

Cancellation- Customers can initiate the cancellation within 2 hours and it will be processed in 24-48 hours and exchange/return/refund would be initiated by coordination with customers. In case of just cancellation, the amount would be reflected in the customer's payment method in 3-4 business days.  Once an order is dispatched, it cannot be canceled.

Intellectual Property Rights:

Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associated marks, and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Application.

All IPR on the Application exclusively belongs to either the Application or the third party sellers and suppliers, as the case may be. Under no circumstance shall any user infringe in any way such IPR of the Application, a third party supplier or seller during or pursuant to its use of the Application for any purposes whatsoever.

All those IPR arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of For Achiever India Pvt. Ltd. and/or its affiliates as the owner of such domain name.

The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of user and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.

Every user hereby grants Jain Marketplace a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. Jain Marketplace shall have no liability for any infringement of intellectual property rights with respect to such content created by the user.

Except as expressly provided herein, the user acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Application or the thirty party owner of such Intellectual Property Right.

Use of Content:

While using the Application, the user specifically undertakes not to host, display, upload, modify, publish, transmit, update or share any information or content that:

Belongs to another person and to which the user does not have any right to;

Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

Harms minors in any way;

Impersonate any person or entity, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;

Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting of any other nation;

Infringes any patent, trademark, copyright or other IPR;

Contains software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;

Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

Engage in any activity that interferes with or disrupts access to the Application or the Products (or the servers and networks which are connected to the Application);

Attempt to gain unauthorized access to any portion or feature of the Application, any other systems or networks connected to the Application, to any Application server, or to any of the Products offered on or through the Application, by hacking, password mining or any other illegitimate means;

Probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application;

Disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, accounts, passwords, servers or networks connected to or accessible through the Applications or any affiliated or linked sites

Use the Application or content therein for any purpose that is unlawful or prohibited by the terms or to solicit the performance of any illegal activity or other activity which infringes the rights of the Application or other third parties

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded

Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service

Violate any applicable laws or regulations for the time being in force within or outside India; and

Violate the terms of these Terms.

In certain cases, where the user requires certain services in relation to the products, such as warranty, after-sales or installation services, the user shall directly contact the relevant seller or the manufacturer. However, in the event, the user contacts the Application for the same, the Application may inform the relevant seller to provide or facilitate the provision of such services to the User.

The Application is not and shall not be obliged to provide any such additional services. The Application’s role in relation to facilitating such services shall be limited to facilitating communication between the user and the seller for the purpose of the provision of such additional services.

The user acknowledges that there may be certain orders that the Application is unable to process or pass on to the seller and/or which the Application must cancel owing to various reasons such as non-availability of the Application service, force majeure, credit limitations or suspected fraud etc.

The user shall use the Application and purchase any products available on it, for personal, non-commercial use only and shall not re-sell the same to any other person or commercialize the same in any manner whatsoever.

The User agrees that it shall solely be responsible towards the Application and to any third party for any breach of its obligations under these terms and for any consequences, losses or damages that may be suffered by the Application owing to such breach by a user.

Feedback and Ratings:

We encourage registered buyers and sellers to provide feedback to each other after the transaction has closed; this helps all users to know what it is like to deal with the said buyer/seller.

Jain Marketplace will not be responsible for the feedback that you post and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.

As a seller, if you continue to receive negative feedback ratings or failed to deliver your order repeatedly, Jain Marketplace reserves the right to suspend your membership, and you will be unable to list or buy.

Any and all claims shall be governed by the laws of India and the courts at Ahmedabad, Gujarat shall have sole jurisdiction.

Applicable Law:

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Ahmedabad, Gujarat shall have exclusive jurisdiction in respect of any matters arising herefrom.

Dispute Resolution:

In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.

In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by the Application. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in Gujarat.

At Jain Marketplace, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event, if the user wishes to contact Jain Marketplace about the seller, the user may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, the user may also reach out to customer support at support@forachiever.com

User Protection Program:

The Application’s User protection program provides for resolution of disputes between the User and Seller to successfully resolve a dispute regarding refund or replacement or non-delivery of a Product.

In such an eventuality, the User can write to info@forachiever.com if the issue with the Seller remains unresolved. The Application’s support team shall provide reasonable assistance and take such relevant actions against the Seller as it, at its sole discretion may deem fit.

General Provisions:

This Agreement sets forth the complete and entire understanding and agreement between You and Jain Marketplace with respect to the subject matter hereof. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Income Tax, Octroi, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. You shall not attempt to or circumvent or manipulate our fee structure, the billing process or commission and/or fees owed to Jain Marketplace.

Notice: All notices to be issued pursuant to these Terms shall be served to the User by email or by the general notification on the Application. Any notice to be sent to the Application pursuant to these Terms shall be sent to the Application’s grievance officer by e-mail support@forachiever.com

Assignment: These Terms shall not be assigned or otherwise transferred by the User. However, the Application’s obligations under these Terms are freely assignable or otherwise transferable by the Application to any third parties without the requirement of seeking the Users’ prior consent.

Severability: If any provision of these Terms is void, or is so declared, such provision shall be severed. The Terms shall otherwise remain in full force and effect.

Waiver: Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

Relationship and Exclusivity: Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.

Force Majeure: If performance of any Service under these Terms by the Application is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Application, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Application and could not have been prevented by reasonable precautions then the Application shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Application of its obligations herein.