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TERMS OF USE


PEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This Agreement is made between Jenson & Nicholson (I) Ltd. and you as a site visitor and/or User/Member ("You").

The following is an agreement between you and Jenson & Nicholson India Ltd., also referred to as ‘JNpaints’ or ‘J&N’ in the document. The website of Jenson & Nicholson (I) Ltd is hereby mentioned in the documents as ‘JNpaints Website’ or ‘JN Paints portal’ or as ‘JN Paints Site’. This Agreement setforth the legally binding terms of your use of the jnpaints.com website at its services located at URL www.jnpaints.com, (also www.jensonnicholson.com and www.jnpaints.in)

1. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (“JNPAINTS.COM”), (collectively, including all Content available through the jnpaints.com domain name, the "jnpaints Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use"/”Terms of Service”) AND THE TERMS AND CONDITIONS OF JNPAINTS'S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.jnpaints.com/privacy-policy, AND WHICH ARE INCORPORATED HEREIN FOR REFERENCE. In addition, when using particular services provided by us such as buying a product, or participating in any contests, you shall be subject to any additional guidelines or rules applicable to such services. Kindly print these terms of use or save a copy of these terms of service for your records. If you do not agree to any of these terms, then please do not use the JNpaints Website.

2. JNpaints Website

The JNpaints Website is subject to the laws governing the Republic of India.
You are only authorized to use the JNpaints Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Use and the privacy policy referred to in Clause 1 above. We reserve the right at any time to: change the terms of this Agreement; change the Services, including eliminating or modifying any content on or feature of the Site; or change/charge any fees or charges for use of the Services. Any changes we make will be effective immediately on notice, which we may give either by posting the new Agreement on the Site or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure your familiarity with the most current version. You will always be able to tell when the version was last updated by checking the "Last Revised" date in the header of this agreement.

Our sites include a combination of content that we create, that our partners or licensors or associates create, and that our users create. All materials published on our sites, including, but not limited to videos, images, games, softwares, advertisements, written content, photographs, graphics, illustrations, marks, logos, sound clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners or licensors or associates. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please review our copyright notice.

Please note that these Terms of Service apply to all users of the JNpaints Website, including users who are also contributors of content, information, and other materials or services on the Website. The JNpaints Website may contain links to third party websites that are not owned or controlled by JNpaints. JNpaints has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, JNpaints will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve JNpaints from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the JNpaints Website and to read the terms and conditions and privacy policy of each other website that you visit.

Our site contains content that we create as well as content provided by third parties. This content includes, among other things, product reviews, white papers and other information. It also includes information about products and services offered by parties such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, quality of the content or email content and services on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for user contributed contents or postings by users in the user opinion, message board, or feedback sections or other sections of our sites.

3. Provisions governing your access and use of JNpaints Website

A) JNpaints hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial, legal, ethical and non-vindictive, non-discriminatory and non-racial use; (ii) you will not copy, broadcast, download, distribute, store (in any medium), transmit, show or play in public, adapt or change in any way the content of www.jnpaints.com web pages for any other purpose whatsoever without the prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose, subject to restrictions by JNpaints at any time either prior to or after the use, without assigning any reasons whatsoever; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B) In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify JNpaints immediately of any breach of security or unauthorized use of your account. Although JNpaints will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of JNpaints or others due to such unauthorized use. In consideration of your use of the Website and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly to keep it accurate, current and complete. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Site or Services to any third party. You may not use anyone else's password. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.

C) JNpaints reserves the right, in its sole discretion, to reject, refuse to post, modify or remove any Content (including private messages) posted by you, or to restrict, suspend, or terminate your access to all or any part of the JNpaints Website at any time, for any or no reason, with or without prior notice, and without liability. JNpaints expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the JNpaints Website if JNpaints determines, in its sole discretion, that you pose a threat to JNpaints and/or its Users.

D) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the JNpaints servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, JNpaints grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. JNpaints reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (defined below).

E) Use of and membership in the JNpaints Website is void where prohibited. By using the JNpaints Website, you represent and warrant that (a) you are 18 years of age or above (b) your use of the JNpaints Website does not violate any applicable law or regulation.
Users less than Sixteen (18) years of age may not register to use the Site. JNpaints does not knowingly collect any personal information from users under the age of eighteen. If you are a parent of a child under the age of eighteen and you have questions about our Site or Privacy Policy, please feel free to contact the JNpaints Privacy Coordinator at privacy@jnpaints.com.
If you are less than 18 years or incompetent or insane, your parent and guardian will be liable for the consequences of the risk associated with the viewing of JNpaints.

F) You acknowledge that JNpaints reserves the right to charge for the services on the JNpaints Website and to change its fees from time to time at its discretion. If JNpaints terminates your membership because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of subscription fees.

G) The JNpaints Website including the services provided on the Website are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by JNpaints. Illegal and/or unauthorized use of the JNpaints Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the JNpaints Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the JNpaints services.

H) JNpaints has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

I) JNpaints may organize or conduct contests, competitions, or events on its website, solely or with any third-party / parties or act as a facilitator for contests, competitions, or events organized solely by third-party / parties. Below mentioned are the terms for participants/viewers who shall view or enter these contests, competitions, or events.

i. If a contest, competition or event is organized by us on the JNpaints Website; it shall be governed by the terms stated herein in addition to other terms and conditions which may be specifically applied per contest, competition or event. JNpaints employees, relatives, affiliates, and friends cannot participate in any contest, competition or event and shall stand disqualified with immediate effect even if participated and shall be liable to return the prize or benefit received and at our sole discretion pay penalty, damages and compensation and indemnify us against any claims, expenses or liability from any person, entity or third party by this act or omission of the employees or relatives.
ii. Some of the contest, competition, event, or services require you to pay a charge or fee, as described in the specific conditions included where those contest, competition, event, or services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in Indian Rupees. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
iii. All taxes, levies, cesses or statutory claim for the charge or fee paid to us or for contest competition or complimentary gifts and prizes shall be borne and paid by you, whether past, present or future, including penalties or claims on any nature whatsoever. All contest, competition and complimentary shall be inclusive of taxes, stamp duty, registration charges, levies, cesses and fees of lawyers engaged by us and administrative charges.
iv. For all contest, competition and complimentary, you will be liable for compliance under all laws. Non compliance by you of any law shall entitle us return of any prize or gifts and indemnification against any claims, expenses or liabilities by any person, entity or third party including statutory authorities.
v. By entering the contest, competition, or event , the entrant accepts these Terms & Conditions:
• Entry to the contest, competition, or event is void where prohibited.
• The decision of JNpaints will be final and binding in case of any dispute.
• JNpaints reserves the right to withdraw or alter any of the terms and conditions of the contest, competition, or event at any time without prior or any notice.
• JNpaints shall not indemnify or be liable to the entrant for any loss, cost, compensation, expense, liability or damage whatsoever that may be suffered, anticipated or claimed for any reason including but not limited to personal injury as a result of participating in any contest, competition, or event.
• The entrant to contest, competition, or event shall forfeit the gifts, if the gifts are not claimed within 7 days from the date of redemption.
• The point or gift or any other offer provided are non-transferable.
• JNpaints will not be liable for any warranty or guarantee for the gifts for defects or use or otherwise.
• The point or gift or any other offer cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of the gifts or point.
• The actual gifts may vary in appearance from the images provided on the site www.jnpaints.com, represented and the gifts are subject to change depending on availability.
• The entrant waives any and all rights of claim with regards to the contest, competition, or event against JNpaints.
• All disputes are subject to the exclusive jurisdiction of courts of Gurgaon, Haryana.
• Contest, competition, or event is open only to Indian Nationals residing in India.
• Employees, affiliates, relatives and family members of JNpaints, will not be eligible to participate in the contest, competition, or event.
• Contest, competition, or event is subject to additional terms and conditions as maybe published on JNpaints.
• JNpaints reserves the right to change the terms applicable to the contest, competition, or event, including, but not limited to, service name, requirement of service name, criteria for winning, applicable rules, applicable validation, calculation of points or gifts declared in the manner which may be detrimental or otherwise to the entrant of contest, competition, or event in the manner it deems fit at JNpaints’s sole discretion with or without notice.
• JNpaints is not liable for the cost and consequences arising from the gift.
• JNpaints is entitled to discontinue contest, competition, or event at any time with or without notice.
• The terms and conditions of contest, competition, or event are governed by Laws of India.

vi. Apart from the contests, competitions or events organized directly by JNpaints, we may allow any third-party/parties to hold contests, competitions or events on JNpaints Website. The terms, rules and conditions for these contests, competitions or events will be decided by the third-party/parties and JNpaints will not interfere with the same. JNpaints will only act as a facilitator for these contests and no participant or otherwise can hold JNpaints responsible or claim relief in case of any dispute or scenarios arising from contests, competitions, or events organized solely by the third-party/parties for which JNpaints acts as a facilitator.

J) All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on our sites belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocable confirm and undertake that we shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on our sites under license or rights or affiliation with the said person, entity or third party.

K) These Terms of Use shall remain in full force and effect while you use the JNpaints Website or continue to be a Member. You may terminate your membership at any time, by simply writing in at info@jnpaints.com. JNpaints may terminate your membership at any time, without warning. Even after membership is terminated, these Terms of Use will remain in effect and continue to bind you accordingly. Also JNpaints will be under no obligation to delete or remove the content posted by you on the website, even if you choose to terminate your membership or JNpaints does it at its sole discretion.

L) By becoming a Member of the Site / JNpaints Service, you agree to receive certain specific emails from JNpaints, for which you do not have the option to opt-out till you are a registered member of JNpaints or you unregistered yourself from any Newsletter program that you opted for.

M) We accept major credit cards, and the credit card holder must be the purchaser of the products offered on the web site. Your credit card will be debited when you click on the confirm button. If you do not have a credit card, you may choose to pay in cash while visiting one of our offices.

N) All colours displayed on the website are subject to variation based on the resolution of the computer. JNpaints is not liable for any shade variations.

4. Intellectual Property Rights

The content on the JNpaints Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to JNpaints, subject to copyright and other intellectual property rights under the laws of India and conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners and JNpaints. JNpaints reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the JNpaints Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the JNpaints Website or the Content therein.

5. Privacy.

Use of the www.jnpaints.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

7. Disclaimer

YOU AGREE THAT YOUR USE OF THE JNPAINTS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JNPAINTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. JNPAINTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JNPAINTS WEBSITE. JNPAINTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, DISPLAY, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JNPAINTS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JNPAINTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, DISPLAY, PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

INCLUSION OF ANY LINKED WEBSITE ON THE JNPAINTS WEBSITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY JNPAINTS. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. JNPAINTS TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE JNPAINTS WEBSITE OR THROUGH THE JNPAINTS SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. JNPAINTS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE JNPAINTS SERVICES. JNPAINTS ASSUMES NO RESPONSIBILITY FOR 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 USER OR MEMBER COMMUNICATION. JNPAINTS IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE JNPAINTS SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN CONNECTION WITH THE JNPAINTS SERVICES. UNDER NO CIRCUMSTANCES SHALL JNPAINTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE JNPAINTS SERVICES, ATTENDANCE AT A JNPAINTS EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE JNPAINTS SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE JNPAINTS SERVICES, WHETHER ONLINE OR OFFLINE. THE JNPAINTS SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND JNPAINTS EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. JNPAINTS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE JNPAINTS SERVICES.

WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, THE FAILURE TO STORE, THE MISDELIVERY, OR THE UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL, SERVICES AND QUALITY OF SERVERS, GAMES, PRODUCTS, SERVICES OR SITES, CANCELLATION OF COMPETITION AND PRIZES. WE DISCLAIM ANY RESPONSIBILITY FOR, AND IF YOU PAY FOR OR SUBSCRIBE TO ONE OF OUR CHARGE OR FEE-BASED SERVICES YOU WILL NOT BE ENTITLED TO A REFUND AS A RESULT OF, ANY SERVICE OUTAGES THAT ARE CAUSED BY OUR MAINTENANCE ON THE SERVERS OR THE TECHNOLOGY THAT UNDERLIES OUR SITES, FAILURES OF OUR SERVICE PROVIDERS (INCLUDING TELECOMMUNICATIONS, HOSTING, AND POWER PROVIDERS), COMPUTER VIRUSES, NATURAL DISASTERS OR OTHER DESTRUCTION OR DAMAGE OF OUR FACILITIES, ACTS OF NATURE, WAR, CIVIL DISTURBANCE, OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.

WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU ACCESS, DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION, COMPETENCE, ACCEPTANCE AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS OR LICENSORS OR ASSOCIATES MAKES ANY WARRANTY THAT (I) OUR SITES WILL MEET YOUR REQUIREMENTS, (II) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR OR LICENSORS OR ASSOCIATES MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

8. Limitation of Liability

IN NO EVENT SHALL JNPAINTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JNPAINTS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY/OWNER OF JNPAINTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT JNPAINTS SHALL NOT BE LIABLE FOR USER SUBMISSIONS, CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE WEBSITE IS CONTROLLED AND OFFERED BY JNPAINTS FROM ITS FACILITIES IN THE INDIA. JNPAINTS MAKES NO REPRESENTATIONS THAT THE JNPAINTS WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE JNPAINTS WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

9. Indemnity

You agree to defend, indemnify and hold harmless JNpaints, its parent company/corporation/firm, subsidiary company/corporation/firm, associate, affiliates, partners, corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the JNpaints Website;(ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the JNpaints Website.

10. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

11. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JNpaints without restriction.

12. General

You agree that: (i) the JNpaints Website shall be deemed solely based in India; (ii) the section titles in this Agreement are for convenience only and have no legal or contractual effect; (iii) nothing in these Terms of Use shall be deemed to constitute a partnership or a joint venture between the you and JNpaints. Nothing contained in these Terms of Use shall constitute you as the agent of JNpaints or otherwise entitle you to have authority to bind JNpaints for any purpose; and (ii) the JNpaints Website shall be deemed a passive website that does not give rise to personal jurisdiction over JNpaints, either specific or general, in jurisdictions other than Gurgaon, India. These Terms of Service shall be governed by the internal substantive laws of the India, without respect to its conflict of laws principles. Any claim or dispute between you and JNpaints that arises in whole or in part from the JNpaints Website shall be decided exclusively by a court of competent jurisdiction located in Gurgaon, India. You and JNpaints shall be bound to submit all disputes howsoever arising out of or in connection with the use of the JNpaints Website to arbitration to one (1) arbitrator nominated and appointed by JNpaints. The arbitration shall in all matters be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Gurgaon, India. The language to be used in the arbitration proceedings shall be English. The award of the arbitration proceedings .will be final and binding on both you and JNpaints to the extent permissible in law. These Terms of Service, together with the Privacy Notice at http://www.jnpaints.com/privacy-policy and any other legal notices published by JNpaints on the Website, shall constitute the entire agreement between you and JNpaints concerning the JNpaints Website. If any provision(s) of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and JNpaints's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. JNpaints reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the JNpaints Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND JNPAINTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JNPAINTS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Use of our sites is subject to existing laws and legal process. Any by you of the terms or the laws may result in severe civil and criminal penalties initiated against you. Violators will be prosecuted to the maximum extent possible. All rights reserved. Any rights not expressly granted herein are reserved. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites. Contact info@jnpaints.com with problems or questions, as appropriate.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) month after such claim or cause of action arose or be forever barred.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

We restrict and reserve our right to further moderate/ restrict/ ban the use of our Services, specifically to you or generally, in accordance with our policy/ policies from time to time, at our sole discretion and without any notice.

Last Revised: December 2, 2010

________________________________________________________________________________________________________

Additional Terms and conditions for JN Paints Ecommerce Services

 

Introduction

PEASE READ THESE TERMS OF USE CAREFULLY BEFORE BUYNG ANY PRODUCT OR SERVICES. This Agreement is made between Jenson & Nicholson (I) Ltd. and you as a site visitor and/or User/Member ("You").

The following is an agreement between you and Jenson & Nicholson India Ltd., also referred to as ‘JNpaints’ or ‘J&N’ in the document. The website of Jenson & Nicholson (I) Ltd is hereby mentioned in the documents as ‘JNpaints Website’ or ‘JN Paints portal’ or ‘jnpaints.com’ or as ‘JN Paints Site’. This Agreement setforth the legally binding terms of your use of the jnpaints.com website at its services located at URLwww.jnpaints.com, (also www.jensonnicholson.com and www.jnpaints.in)

In using the jnpaints.com service, of Jenson Nicholson India Ltd. you are deemed to have accepted the terms and conditions listed below.

All products/services and information displayed on Jnpaints.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Jnpaints.com reserves the right to accept or reject your offer. If you have supplied us with your phone number or valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Jnpaints.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.

Membership Eligibility

Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption the sale or purchase of which to/by minors are strictly prohibited.
Jnpaints.com reserves the right to terminate your membership and refuse to provide you with access to the Site if Jnpaints.com discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Jnpaints.com for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. Jnpaints.com makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. Jnpaints.com will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Jnpaints.com you agree to be bound by the Terms and Conditions. 

Account and Registration Obligations

"Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for maintaining the confidentiality of Your Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Account or Password. Jnpaints.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If Jnpaints.com has reason to believe that there is likely to be a breach of security or misuse of the Jnpaints.com Site, we may require you to change your password or we may suspend your account without any liability to Jnpaints.com.
You also agree to:

  • Provide true, accurate, current and complete information about yourself as prompted by JNpaints' registration form (such information being the "Registration Data")
  • Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Jnpaints.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Jnpaints.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

Pricing Information

While Jnpaints.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Jnpaints.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information,Jnpaints.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, Jnpaints.com 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 dispatched, your offer will not be deemed accepted and Jnpaints.com 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 cancel the order and notify you of such cancellation. In the case of payments via credit card and when Jnpaints.com accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Jnpaints.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.

Prices and availability are subject to change without notice.

Cancellation by Jnpaints.com

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.


Cancellations by the Customer

In case we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order. We will not be able to cancel orders that have already been processed and shipped out by us. Jnpaints.com has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Jnpaints.com and accept JNpaints’ decision regarding the cancellation.

Further Jnpaints.com does not accept charge back on payments via credit cards, net banking, bank transfer or any other mode of electronic transfer.

Third Party Products

PLEASE NOTE: Along with the other terms and conditions these additional terms are applicable in case you have bought any products not manufactured by Jnpaints.com and its group companies. In other words these additional terms and conditions are applicable in case you buy products sold on Jnpaints.com by third party vendors.

You understand and agree that there may be certain products, which will be sold on the Site by third party vendors ('Vendors'). Jnpaints.com may not be able to control the transactions or the acts and omissions of the Vendors in such transactions. When you buy such products from Vendors on the Site the following additional terms and conditions will become applicable:

  • Jnpaints.com is not responsible for any non-performance or breach of any contract entered into between you and the Vendor. Jnpaints.com cannot and does not guarantee that the Vendors will perform any transaction concluded on the Site.

Jnpaints.com does not make any representation or warranty as to the attributes (such as quality, worth, marketability etc.) of the items or services proposed to be sold on the Site by the Vendor. In particular, Jnpaints.com does not implicitly or explicitly support or endorse the sale of any items or services on the Site.Jnpaints.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

    • You release and indemnify Jnpaints.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors on the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Jnpaints.com cannot control the information provided by other Vendors, which is made available on the Site. You may find other Vendor's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.
    • All other terms and conditions of this User Agreement are applicable to such transactions.

T

Credit Card Details

You agree, understand and confirm that the credit card details provided by you for availing of services on Jnpaints.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Jnpaints.com. Further the said information will not be utilised and shared by Jnpaints.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. Jnpaints.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

Fraudulent /Declined Transactions

Jnpaints.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Jnpaints.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You Agree and Confirm

    • That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred byJnpaints.com for redelivery shall be claimed from you.
    • That you will use the services provided by Jnpaints.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
    • You will provide authentic and true information in all instances where such information is requested of you. Jnpaints.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Jnpaints.com has the right in its sole discretion to reject the registration and debar you from using the Services of Jnpaints.com and / or other affiliated websites without prior intimation whatsoever.
    • That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site
    • That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
    • That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

You may not use the Site for any of the following purposes:

    • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
    • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
    • Gaining unauthorised access to other computer systems.
    • Interfering with any other person's use or enjoyment of the Site.
    • Breaching any applicable laws;
    • Interfering or disrupting networks or web sites connected to the Site.
    • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Colors

We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

The Product pictures are indicative and may not match with actual Products.

Payments

    • Payments at present can be made only via cash on delivery or through cheque. The products ordered are organized into an order summary, which can be viewed from my account section. These order summaries are not actual invoices, but actual invoice will be produced only at the time of delivery.
    • The orders will be fulfilled according to the availability of the products. The actual invoice will include only those products that are delivered depending on their availability.
    • ¬†¬†JNpaints may also provide payments option through Credit Cards, Debit Cards, Net Banking, Cash (Suvidha, EasyBill, and ICICI Cash), Cheque, DD, and Mobile (M-Chek).

 

Allotment & Shipping

    • The products will be allotted to the customers whose payment has been received first
    • Items for orders placed together may be shipped separately

Delivery

    • For cash payment mode, delivery guarantee starts after receipt of cash
    • For cheque payment mode, delivery guarantee starts after cheque realization

Cancellation and Refunds

    • Cash payment mode orders will be cancelled for non-receipt of cash within a specified time limit as decided by the company.
    • Cheque payment mode orders will be cancelled if cheque is not deposited or intimation of the same is not given to us within 48 hours from the time of confirmation of the order
    • All cancellations and refunds will be handled as per our standard Cancellation Policy

Returns Policy

    • All returns will be handled as per our standard Returns Policy

Modification of Terms & Conditions of Service

Jnpaints.com may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on Jnpaints.com. You should regularly review the Terms & Conditions on Jnpaints.com. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.

Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Gurgaon shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Jnpaints India Ltd. and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Gurgaon. The High Court of Haryana alone shall have the jurisdiction and the Laws of India shall apply.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Jnpaints.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Jnpaints.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Jnpaints.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Jnpaints.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Jnpaints.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Jnpaints.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

Jnpaints.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Jnpaints.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Jnpaints.com and its affiliates for all claims resulting from any Comments you submit. Jnpaints.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark

Jnpaints.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any ofJnpaints.com or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Jnpaints.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Jnpaints.com. You may not modify, distribute or re-post anything on this website for any purpose.

The Jnpaints.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Jenson NIcholson India Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Jnpaints.com endorsement, sponsorship or recommendation of the third party, information, product or service.

Jnpaints.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Jnpaints.com or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Jnpaints.com ,one of its affiliates or by third parties who have licensed their materials to Jnpaints.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Jnpaints.com and is also protected by Indian and international copyright laws.

Objectionable Material

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Jnpaints.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold harmless Jnpaints.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Jnpaints.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

This User Agreement is effective unless and until terminated by either you or Jnpaints.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site with proper notice. Jnpaints.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Jnpaints.com. Upon any termination of the User Agreement by either you or Jnpaints.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Jnpaints.com's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

Limitation of Liability and Disclaimers

The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.

The Site provides content from other Internet sites or resources and while Jnpaints.com tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Jnpaints.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.

This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.

To the fullest extent permitted under applicable law, Jnpaints.com or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.

Without prejudice to the generality of the section above, the total liability of Jnpaints.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you.

Jnpaints.com, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted.

Consequently, Jnpaints.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Jnpaints.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Jnpaints.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Jnpaints.com with respect to the Jnpaints.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Jnpaints.com with respect to the Jnpaints.com sites/services. Jnpaints.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.


date of modification of agreement is 5th April 2011

 


Contact Information: Please contact info@jnpaints.com with any questions or comments about this Privacy Notice

©All copyrights vested with Jenson & Nicholson (I) Ltd.

 


JN PAINTS PRIVACY POLICY

JN Paints respects the privacy of its users and is committed to protect it in all respects.

JN Paints
("JN Paints") recognizes that its customers, visitors, users, members and others who use www.jnpaints.com or other web sites owned or operated by JN Paints (the "JN Paints Sites") (collectively or individually "Users") value their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on the JN Paints Sites. JN Paints provides this Privacy Notice to help you make an informed decision about whether to use or continue using the JN Paints Sites.

The present privacy policy governs the online information collection practices of JN Paints.com ("we" or "us" or "JN Paints"). Specifically, it outlines the types of information that we gather about you from your use of the JN Paints.com website (the "Site"), and the ways in which we use and don't use this information. This privacy policy, including our children's privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means. To register for full access to the Site and in certain areas of the Site (for example, on contest entry pages), where personal information is requested, you may be asked for your age or birth date. You hereby agree that all information you provide to JN Paints regarding age verification shall be truthful, accurate, and complete.

This Privacy Notice is incorporated into and is subject to the JN Paints’s Terms of Use. Your use of the JN Paints Sites and any personal information you provide on the JN Paints Sites remains subject to the terms of this Privacy Notice and our Terms of Use.

Please note that any comment, image, content or other content posted at the direction of users onto the JN Paints website becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

Please read this privacy policy carefully. By visiting and using the Site, you agree that your use of the Site, and any dispute over privacy, is governed by this privacy policy and our Terms of Use at the following link: Terms of Use.

TYPE OF INFORMATION COLLECTED BY JN PAINTS ABOUT OUR USERS / MEMBERS

User Provided Information: We may collect and store certain personally identifiable information (such as your name and email address) or otherwise (such as demographic information), which you voluntarily supply to JN Paints while on the site or when responding via e-mail in connection with features provided on the site or choosing to participate in various activities on the JN Paints Sites such as posting messages in our forums or in other comments section, entering contests or sweepstake on the site, taking advantage of promotions, responding to surveys, signing up for certain features on the site, information contained in your search requests or questions that you submit on the site or subscribing to newsletters or other mailing lists or posting other types of suitable content. JN Paints may also collect other information such as about your interests, biographical information which the site may use to serve you better according to the data provided. If you decline to supply or provide us with certain information while using the Site, you may not be able to use or participate in some or all of the features offered through the Site.

Cookies Information: When you visit the JN Paints Sites, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. JN Paints uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the JN Paints Sites may not function properly if the ability to accept cookies is disabled.

In addition, third party advertisers or third party ad servers that place and present advertising on the Site also may collect information from you via cookies, web beacons, clear .gifs or similar technologies. These third party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements' effectiveness, or for other uses. The use and collection of your information by these third party advertisers and ad servers is governed by the relevant third party's privacy policy and is not covered by our privacy policy. Indeed, the privacy policy of these third party advertisers and ad servers may be different from our privacy policy.

Log File Information: When you use the JN Paints Sites, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

Clear GIFs Information: When you use the JN Paints Sites, we may employ "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.

 

HOW WE MAY USE THIS INFORMATION

• If you submit personally identifiable information to us through the JN Paints Sites, then we use your personal information to operate, maintain, and provide to you the features and functionality of the JN Paints Sites.

• We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may provide our advertisers with information about you and other visitors that will enable our advertisers to better target ads to specific types of visitors. We reserve the right to use and to disclose to third parties all of the information that we collect online about you and other visitors in any way and for any purpose, with one important exception viz. We will not use the information that we collect online from you while you are using the Site, nor will we authorize third parties to use such information, to mail or email promotional offers directly to you unless you have specifically informed us that you would like to receive promotional offers from us and/or from third parties. If you choose to receive these promotional offers, then your information may be used for direct mail or email marketing. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major JN Paints Site changes or for customer service purposes).

• We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the JN Paints Sites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User/member preferences and trends.

• We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the JN Paints Site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

• The Site includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.

• We may also make some content, products and services available through our Site through cooperative relationships with third party providers, where the brands of our provider partner appear on the Site in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly; in which cases the privacy policy of the provider partner may apply to the provider partner's use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information. Be aware that we may occasionally release information about visitors / members when release is appropriate to comply with law, to enforce our Terms of Service agreement, or to protect the rights, property or safety of users of the Site, the public, or the JN Paints Site.

• Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or our Site is acquired by another company, information about our visitors may be among the transferred assets.

WHEN JN PAINTS DISCLOSES INFORMATION

• We provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our privacy policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.

• We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the JN Paints Site.

• We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and central laws (such as Copyright Law of India) or respond to a court order, an order from any governing body or statutory authority, subpoena, or search warrant.

• JN Paints also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that JN Paints believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of JN Paints, our users/members or others.

YOUR CHOICES

You may, of course, decline to submit personally identifiable information through the JN Paints Sites, in which case JN Paints may not be able to provide certain services to you. You may update or correct your personal profile information and email preferences at any time by visiting your account profile page. Please note that media files and other content uploaded/submitted by Users to the JN Paints Sites cannot be removed and remain subject to our Terms of Use.

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

Please contact JN Paints with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices by mailing to info@jnpaints.com

THIRD-PARTY ADVERTISERS, LINKS TO OTHER SITES

JN Paints allows other companies, called third-party ad servers or ad networks, to serve advertisements within the JN Paints Sites. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the JN Paints Sites. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.

JN Paints does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks JN Paints to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the JN Paints Sites, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you. When you register with JN Paints, we contact you from time to time about updation your content to provide features which we believe may benefit you.

The links of websites/ad networks that you find on JN Paints sites are governed by their respective privacy policies, which are beyond JN Paints’s control. Once the User leaves JN Paints’s servers (the User can tell where he/she is by checking the URL in the location bar on the User's browser), use of any information provided by the User is governed by the privacy policy of the operator of the site which the User is visiting. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. JN Paints's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

OUR COMMITMENT TO DATA SECURITY

JN Paints uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to JN Paints and you do so at your own risk. Once we receive your transmission of information, JN Paints makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If JN Paints learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. JN Paints may post a notice on the JN Paints Sites if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at info@jnpaints.com.

OUR COMMITMENT TO CHILDRENS' PRIVACY

Protecting the privacy of young children is especially important. For that reason, JN Paints does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the JN Paints Sites from persons under 18 years of age, and no part of our website is directed to persons under 18. If you are under 18 years of age, then please do not use or access the JN Paints Sites at any time or in any manner. If JN Paints learns that personally identifiable information of persons less than 18 years of age has been collected on the JN Paints Sites without verified parental consent, then JN Paints will take the appropriate steps to delete this information.

SPECIAL NOTE TO INTERNATIONAL USERS

The JN Paints Site is intended for and directed to users/members in the India. If you are a user/member accessing the JN Paints Site from any other region with laws or regulations governing personal data collection, use, protection and disclosure, that differ from Indian laws, please be advised that through your continued use of the JN Paints Site, which are governed by Indian law, this Privacy Notice, and our Terms of Use, you are transferring your personal information to the India and you consent to that transfer. We will only be complying with the legal provisions on the subject matter as applicable in India from time to time.

IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY

In the event that JN Paints is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

CHANGES AND UPDATES TO THIS PRIVACY NOTICE

This Privacy Notice may be revised periodically and this will be reflected by the "effective date" below. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the JN Paints Sites constitutes your agreement to this Privacy Notice and any future revisions.

We reserve the right at any time to: change the terms of this Agreement; change the Services, including eliminating or modifying any content on or feature of the Site; or change/charge any fees or charges for use of the Services.

Any changes we make will be effective immediately on notice, which we may give either by posting the new Agreement on the Site or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure your familiarity with the most current version. You will always be able to tell when the version was last updated by checking the "Last Revised" date in the header of this agreement.

Date Last Revised: This Privacy Notice was last revised on 5th April 2011.
Contact Information: Please contact info@jnpaints.com with any questions or comments about this Privacy Notice

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