BY ACCESSING OR USING THIS PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, PRIVACY POLICY AND SUCH OTHER PLATFORM POLICIES, AS MAY BE ADOPTED BY US FROM TIME TO TIME AT OUR SOLE DISCRETION. PLEASE READ THESE PLATFORM POLICIES CAREFULLY BEFORE AVAILING ANY PLATFORM SERVICES PROVIDED ON THIS PLATFORM.
THESE TERMS OF USE ARE INCORPORATED INTO, AND SUBJECT TO, THE PLATFORM POLICIES. CAPITALISED TERMS USED IN THIS TERMS OF USE BUT NOT SPECIFICALLY DEFINED HEREIN SHALL HAVE THE MEANINGS ASCRIBED TO SUCH TERMS IN ANY OTHER PLATFORM POLICIES.
THE PLATFORM POLICIES ARE ELECTRONIC RECORDS UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS TO OR USAGE OF THIS PLATFORM.
THE PLATFORM POLICIES ARE LEGALLY BINDING DOCUMENTS.
1. General
1.1 JSW One TMT (https://www.jswonetmt.com/) is owned and operated by JSW One Platforms Limited, whose registered office is at 6th Floor, JSW Centre, Bandra Kurla Complex, Bandra (East), Mumbai, Maharashtra 400051.
1.2 Your use of the Platform is governed by the following Terms of Use as applicable and the Platform Policies provided separately on the Platform and which are or may hereafter be incorporated herein by way of reference (“Terms of Use”). If You visit or raise an enquiry on the Platform, You shall be subject to the Platform Policies that are applicable to the Platform. By mere use of the Platform, You shall be contracting with JSW One, and these Terms of Use including the Platform Policies constitute Your binding obligations, with JSW One.
1.3 For the purpose of these Terms of Use, wherever the context so requires:
a) “Affiliate” shall mean, with respect to each party, any person or entity, directly or indirectly through one or more intermediary Controlling, Controlled by, or under direct or indirect common Control with a party. “Control”, “Controlled” or “Controlling” shall mean, with respect to any person or entity, any circumstance in which such person or entity is controlled by another person or entity by virtue of the latter person or entity controlling the composition of the board of directors or managers or owning the largest or controlling percentage of the voting securities of such person/entity or otherwise controlling the other;
b) “Applicable Laws” shall mean the substantive and procedural laws of India, including without limitation all legislations, acts, rules, notifications, laws, statutes, orders, decree judgment, injunctions, ordinances, directives, regulations, codes, requirements, permits, licenses, approvals, instructions, standards of any government instrumentality, regulatory authority, any court, tribunal and other judicial and quasi-judicial authority having the force of law;
c) “Brand” or “Brand Name” shall mean “JSW One”, “JSW One TMT”, or such other successor or replacement brand name / trade mark / service mark as may be decided by JSW One in its sole discretion;
d) “Enquiry” means the process of raising a requisition, or enquiry for Products or material displayed on the Platform and/or availing the Services provided on the Platform, and shall not, in any case, refer to sale or purchase of any Products or materials displayed on the Platform;
e) “GST” means the goods and service tax as levied under the Central Goods and Services Tax Act and Rules (CGST), Integrated Goods and Services Tax Act and Rules (IGST), State Goods and Services Tax Acts and Rules (SGST) levied by the States, Union Territory Goods and Services Tax Act and Rules (UTGST) levied by the Union Territories, and all allied cesses, duties and taxes;
f) “JSW One Content” shall mean the Platform, all the pages of the Platform, all the content contained in the Platform (excluding any Third Party Content and advertisements), design, structure, selection, coordination, expression, look and feel and arrangement of such content on the Platform, any and all information or content owned or controlled (e.g. by license or otherwise) by JSW One or its Affiliates, including text, images, graphics, photographs, video and audio, and furnished by JSW One or its Affiliates in connection with the Services;
g) “KYC Documents” means such ‘know your customer’ documents, excluding Aadhaar, as may be required to be submitted to JSW One from time to time;
h) “Platform” shall mean this internet based electronic services platform JSW One TMT (https://www.jswonetmt.com/) and/or an application and/or a website and/or web page (including but not limited to any web app, marketing landing page(s) and/or iOS/Android app or any other app that the User may be using to access/communicate with JSW One for the Products and/ or Services), owned and/or operated, directly or indirectly, by JSW One, with a second level domain name / uniform resource locator (URL) as applicable, bearing the Brand Name with any top-level domain name whether presently available for registration or made available for registration at any future date;
i) “Profile” means the individually identifiable profile of User created at the time of registering on the Platform;
j) “User Content” means content including data or information of You, including but not limited to Personal Information, ratings, comments, reviews in relation to the Products and/ or Services and/ or the Platform, suggestions, questions or other information and includes any material that is generated, as a whole or in part, on the Platform, including, communication between Users, analytics and reports, trends, patterns, notes, messages, emails, posts and other communication that Users provide or receive, through Platform;
k) “We”, “Us”, “Our”, or “JSW One” means JSW One Platforms Limited and/or its subsidiaries (including JSW One Distribution Limited), as applicable; and
l) “You” or “User” means a legal person who is given access to use the Platform for the purpose of availing the Services on the Platform.
1.4 JSW One owns and operates the Platform to enable the User to utilise the Platform to enquire about, and raise enquiries regarding various products or materials displayed on the Platform (“Products”), and provision of incidental and ancillary services thereto (“Services”). It is hereby clarified that JSW One does not allow sale or purchase of goods, Products or materials on the Platform.
1.5 By accessing or using this Platform, You agree to be bound by these Terms of Use and other applicable policies, such as the Privacy Policy (together referred to as “Platform Policies”). In the event that there are any conflicts between (a) the Privacy Policy and any other Platform Policies published on the Platform (other than these Terms of Use), the Privacy Policy shall take precedence to the extent of the conflict; (b) these Terms of Use and any other notices, disclaimers or guidelines appearing on the Platform, these Terms of Use shall take precedence to the extent of the conflict. These Terms of Use together with the Privacy Policy, and the other Platform Policies, together with all other notices, disclaimers, guidelines appearing on the Platform from time to time, constitute the entire agreement upon which You are allowed to access and use the Platform to avail the Services.
1.6 On the condition that You comply with these Terms of Use and the Platform Policies, We grant You a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform. JSW One further grants You a limited licence to access and make personal use of the Platform, but not to download (other than page caching) or modify it, or any portion of it. This licence does not include any resale or commercial use of this Platform or its contents; any collection and use of any Product listings; any derivative use of this Platform or its contents; any downloading or copying of account information for the benefit of another person; or any use of data mining, robots, or similar data gathering and extraction tools.
1.7 You may not use the Platform to compile a collection of listings, including a competing product or service. You may not use the Platform for any unsolicited commercial e-mail. You are not being granted a license over any copyright, trademark, patent or other intellectual property right in the Services, Products, materials, listings, processes or technology described therein. All such rights are retained by JSW One, its Affiliates, group companies and/or any third party owner of such rights.
1.8 This Platform or any portion of this Platform, including but not limited to any copyrighted material, trademarks, or other proprietary information shall not be reproduced, duplicated, uploaded, copied, sold, resold, visited, distributed, transmitted or otherwise exploited for any commercial purpose.
1.9 You release and indemnify JSW One and / or any of its directors, officers and representatives from any cost, damage, liability or other consequence of any of the actions of Users of the Platform and specifically waive any claims that You may have in this behalf under any Applicable Law. Notwithstanding its reasonable efforts in that behalf, JSW One cannot take responsibility or control the information provided by third parties on the Platform. You may find such information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform. Please note that there could be risks in dealing with people acting under false pretence.
1.10 The User understands and agrees that the Platform services offered by JSW One are not absolute or unconditional. The Services are subject to repudiation by JSW One at any time and without any obligation to assign or provide any reason for such repudiation and without any consent from the User and without any liability or any obligation towards the User. You understand and agree that JSW One has the right to cancel any Enquiry (a) for any reason in accordance with the Platform Policies; or (b) under an order or instruction from any statutory, quasi-judicial or judicial authority.
1.11 The availability of Products or material is subject to change without notice prior to the User. However, there may be circumstances where the Products displayed on the Platform may not be available to the User. In such an event, JSW One shall not be responsible or liable for such failure and You shall have no recourse to JSW One.
2. Access to the Platform
2.1 You may access and use the Platform only if You are 18 (eighteen) years of age or older and are legally capable of entering into a binding contract as per Applicable Law, including, in particular, the Indian Contract Act, 1872. JSW One reserves the right to terminate Your registration and / or refuse to provide You access to the Platform if it is brought to JSW One’s notice or if it is discovered that You are a minor, insolvent or in any manner barred from entering into a contract. JSW One reserves the right to refuse access to use the Services offered at the Platform to new users or to terminate access granted to existing Users at any time without according any reasons for doing so.
2.2 When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records or otherwise from Us periodically to the electronic or residential address provided to Us at the time of registration, and as and when required. JSW One may communicate with You by email or by such other mode of communication, electronic or otherwise.
2.3 JSW One will undertake reasonable efforts to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the inherent nature of the internet, this cannot be guaranteed. The Platform may also be occasionally suspended or restricted to carry out repairs, maintenance, or the introduction of new facilities, upgrades or services at any time without prior notice. Notwithstanding anything to the contrary, JSW One reserves the right to refuse access to the Platform to new users or to terminate access granted to existing Users at any time.
3. Your Profile and Your Information
3.1 Users are required to provide accurate and genuine information while raising a requisition, or placing enquiry for Products or material displayed on the Platform and/or availing the Services provided on the Platform.
3.2 You agree that JSW One shall not be liable or responsible if your requisition or enquiry has not been addressed by JSW One in case You provide incorrect Information on the Platform.
3.3 Users may be required to register on the Platform by submitting the requisite documents and information (including KYC Documents, GST details, etc.) and subsequently creating a Profile. Upon successful registration, Users will be issued a username and password which are linked to Your Profile. These are non-transferable. Please keep this information confidential as You are responsible for all acts or omissions committed on the Platform using Your username or password and for all the information / content posted under Your Profile. Users are prohibited from selling, trading, or otherwise transferring their Profiles to other persons. Representatives of JSW One may assist the Users with creating their account and registering them on the Platform.
3.4 By creating a Profile, You confirm that the information in Your Profile is accurate, genuine and will be regularly updated and You shall immediately notify Us of any unauthorized use of Your Profile or any other breach of these Terms of Use or security known to You.
3.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or JSW One has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JSW One has the right to suspend or terminate Your Profile and refuse any and all current or future access/ use of the Platform / Services (or any portion thereof).
3.6 By creating a Profile, You will be responsible for maintaining the confidentiality and security of Your Profile, and are fully responsible for all activities that are carried out through Your Profile. You agree to (a) immediately notify JSW One of any unauthorized use of Your Profile or any other breach of security; and (b) ensure that You exit from Your Profile at the end of each session. JSW One cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements.
3.7 Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.
3.8 You agree that JSW One shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs in Your Profile in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform.
3.9 JSW One does not pre-screen Your Profile information or User Content. However, JSW One at its discretion and in accordance with Applicable Law may monitor any content or information posted by You and may remove any User Content from the Platform if JSW One determines in its sole discretion that such User Content is in violation of these Terms of Use or any Applicable Law. Where JSW One removes User Content from the Platform, JSW One will make reasonable efforts to inform the User who had posted such User Content. Such actions do not in any manner, negate or dilute JSW One’s position as an intermediary or impose any liability on JSW One with respect to User Content.
3.10 Depending upon the nature of Services You wish to avail from the Platform, You may be required to provide certain Personal Information and JSW One may collect certain Personal Information. Your provision of, and JSW One’s collection, storage, use, disclosure and otherwise dealing of such Personal Information shall be governed by the Privacy Policy.
3.11 Further, You authorize Us to:
a) collect, use, share, process and store all information provided by You and Your access information including the IP address, IMEI number and MAC address of the computer / device from where the Platform was accessed;
b) either directly, or through third parties, verify and confirm information in Your Profile;
c) contact You using the information in Your Profile and provide promotional materials that may be of interest to You;
d) share Your information with any third party as may be necessary for provision of Services;
e) use any and all of the information provided by You to create Your Profile; and
f) modify, limit or delete Your Profile as may be required.
4. Use of the Platform
4.1 The Platform is utilized by Users to interact with JSW One for their Enquiries. Registration and membership on the Platform is free for Users. JSW One does not charge any fee for browsing on the Platform. JSW One reserves the right to change its fee policy from time to time.
4.2 You agree not to host, display, upload, modify, publish, transmit, update, share or otherwise make available on the Platform any information, that:
a) belongs to another person and over which You have no right;
b) harms minors in any way;
c) contains content or other material protected by intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
d) defames, abuses, harasses, stalks, hurts religious or ethnic sentiments of, threatens or otherwise violates the legal rights of others;
e) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating, unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
f) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
g) is false, inaccurate or misleading in any way; infringes any patent, trademark, copyright or other proprietary rights;
h) violates any law for the time being in force;
i) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature or which is patently false or misleading in nature but may reasonably be perceived as a fact;
j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
k) abets or assists with impersonating another person; contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or Personal Information;
l) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);
m) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform;
n) promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
o) contains restricted or password-only access pages, hidden pages or images (those not linked to or from another accessible page);
p) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits Personal Information from anyone;
q) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses;
r) conducts or forwards surveys, contests, pyramid schemes or chain letters;
s) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
t) interferes with another’s use and enjoyment of the Platform;
u) creates profiles or provides content that promotes escort services or prostitution;
v) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or disrupts public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
w) uses any other internet service to send or post spam to drive visitors to any other site hosted on or through Our systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party; or
x) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other Users.
y) contains any content which is non-compliant with the Information Technology Act, 2000, its rules and regulations, guidelines made thereunder, including Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Indian Penal Code, 1860, Terms of Use or Privacy Policy or any other Platform Policies, as amended / re-enacted from time to time; or
z) violates any Applicable Law for the time being in force.
4.3 You further agree to make use of the Platform in a bona fide manner. In particular, You agree not to:
a) print, distribute, share, download, duplicate or otherwise copy, delete, vary or amend or use any data or information posted by any User other than You;
b) use or attempt to use another person’s Profile;
c) attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Platform Services by hacking, password “mining” or any other illegitimate means;
d) probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security or authentication measures on the Platform or any network connected to the Platform;
e) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
f) use any automated systems to extract data from the Platform;
g) make any inaccurate, false, unfair or defamatory statement(s) or comment(s) about Us or the Brand Name or domain name used by Us or any User on the Platform;
h) make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the Brand Name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation of JSW One or its Affiliates or group companies, or otherwise tarnish or dilute JSW One’s trade or service marks, trade name and / or goodwill associated with such trade or service marks, trade name as may be owned or used by Us or any of our Affiliates or group companies;
i) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Our systems or networks, or any systems or networks connected to Us;
j) circumvent or manipulate our Platform, Platform Services, registration process, billing system, or attempt to do so;
k) engage in commercial activities and / or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform.
l) engage in deceptive, fraudulent, anti-competitive practices or other invalid means to meet the other User’s requirements; or
m) engage in any form of fraudulent traffic generating methods including use of robots, spiders, auto-spawning browsers, auto reloading, meta refreshes or any other form of fraudulent and artificial traffic.
n) use the Platform for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of JSW One or other third parties;
o) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; or
p) violate any Applicable Law or regulations for the time being in force within or outside India;
4.4 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 GST, income tax, octroi, central excise, customs duty, local levies) regarding Your use of the Platform. You shall not engage in any transaction in an item or service, which is prohibited by Applicable Law.
4.5 You understand that We have the right at all times to disclose any information (including the identity of the Persons who have provided information or material on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials as We, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the Products listed on the Platform.
4.6 JSW One in its sole and absolute discretion may refuse to provide any one or more of the Platform Services provided on the Platform for any reason whatsoever and especially if providing such Platform Services to the User can be detrimental to the reputation, goodwill, and competitiveness of JSW One or could cause any breach of any contractual commitments of JSW One or cause JSW One to breach any Applicable Laws.
4.7 JSW One shall have the right, at its sole discretion, to remove or edit any content that violates or is alleged to violate any Applicable Law or either the spirit or letter of the Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the material You post on the Platform and in User’s private messages. Please be advised that such content posted does not reflect JSW One’s views. In no event shall JSW One assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and/or appearance of it on the Platform. You hereby represent and warrant that You have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libellous, tortious, or otherwise unlawful information.
4.8 JSW One makes no representation that the Services on the Platform are appropriate or available for use in other locations other than India. Those who choose to access the Platform from other locations / countries other than India, do so on their own initiative and JSW One is not responsible for such actions.
4.9 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access and use the Platform. You may incur access or data fees from third parties in connection with your purchase and/or use of the Services. You are responsible for all such fees.
4.10 You hereby expressly agree that any Services availed by the You will not be bartered or in any way used for any commercial purposes or for profit. You hereby acknowledge that the Services availed are not transferrable to any third party for profit.
4.11 You may need to install updates that we or any third party introduces from time to time to use the Services including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Your use of the Platform you have installed requires that you have agreed to receive such automatically requested Updates.
5. Payment
5.1 You agree that all commercial terms such as terms of purchase of Products and / or Services and the price of the Products are purely indicative and for reference purposes only and You acknowledge and agree that transactions may not be concluded on such indicative prices.
5.2 JSW One may charge You certain fees for the use of the Platform and Services as a whole, or certain features of the Platform/Services which once paid by the User, shall be non-refundable. You agree to pay any such fees, as may be applicable to the Services that You use. JSW One will take all reasonable efforts try to ensure that You are made aware of the applicability of any fees for a particular use of the Platform/ Services, as well as the amount of fees payable by You for any such use of the Platform/ Service. Payments, if any, that may be made by the User against the fees for the use of the Platform shall compulsorily be in Indian Rupees. The Platform will not accept any other form of currency. The Platform may facilitate payments through one or more of: (a) net banking; (b) NEFT; (c) RTGS; and (d) credit / debit card or any other facilities as made available by JSW One from time to time.
5.3 You agree that JSW One may, at any time, charge, modify or waive fees required to use the Platform. Your continued use of the Platform / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.
5.4 Setoff: You hereby specifically agree and acknowledge that in the event of any amount becoming recoverable pursuant to any Services availed on the Platform, from and payable by You to JSW One, JSW One shall be entitled to recover such amount by deducting in part or in whole from any sum payable or thereafter becoming payable to You by JSW One for Services availed by You on the Platform, in furtherance of an Enquiry, including any past or future Enquiries, on the Platform. In the event the amount so deducted by JSW One is not sufficient to cover the full amount recoverable by JSW One, You shall on demand by JSW One make immediate payment of such remaining amount to JSW One.
6. Intellectual Property
6.1 The intellectual property in the Platform, and in the material, content and information made available on the Platform including graphics, images, photographs, logos, trademarks, the appearance, organisation and layout of this Platform and the underlying software code belongs to Us or Our licensors. You must not copy, modify, alter, publish, broadcast, distribute, sell or transfer (whether in whole or in part) any of the material referred to above. The information provided on the Platform and the Services offered are for Your personal use only.
6.2 You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of JSW One without Our prior written consent. You may not use any meta tags or any other “hidden text” utilising JSW One’s or its Affiliates’ names or trademarks without the prior written consent of JSW One and / or its Affiliates, as applicable. Any unauthorised use terminates the permission or license granted by JSW One and / or its Affiliates, as applicable.
6.3 All material on the Platform including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute any material in any way, including by email or other electronic means and whether, directly or indirectly, You must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website / networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which You receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
7. User Content
7.1 You grant Us license to use and modify all User Content in which You may hold any intellectual property rights. We can, consistent with Our Privacy Policy, use the User Content, including for creating databases, creating derivative works, analysing data, analysing trends and usage, and in any other manner.
7.2 You are solely responsible for the content of any transmissions you make to the Platform and any User Content added on the Platform. JSW One does not endorse or accept any User Content as representative of JSW One’s views. By transmitting any public User Content to the Platform, you grant JSW One an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such User Content, in the Platform or any other platform now known or later developed.
7.3 You confirm and warrant that you have the right to grant these rights to JSW One. You hereby waive and grant to JSW One all rights including intellectual property rights and also “moral rights” in the User Content. JSW One is free to use the User Content as per its requirements from time to time. You represent and warrant that You own or otherwise control all of the rights to the User Content; that the User Content is accurate; that use of the User Content supplied by You does not violate these Terms of Use and will not cause injury to any person or entity. JSW One reserves the right to disable, mask or unmask your identity in respect of the User Content.
7.4 It is also clarified that, if there are any issues or claims due to the User Content, JSW One reserves right to take appropriate legal action against You. Further, You shall indemnify and protect JSW One against such claims or damages or any issues, due to your posting of such User Content. JSW One takes no responsibility and assumes no liability for any content posted by You or any third party on the Platform.
8. Content Posted on the Platform
8.1 The Platform and the processes, and their selection and arrangement, including but not limited to the text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Platform and other JSW One Content is owned and controlled by JSW One or its licensors and the JSW One Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Platform, by no means are any rights impliedly or expressly granted to You in respect of such content. JSW One reserves the right to change or modify such content from time to time at its sole discretion.
8.2 You may use information on the Products and Services purposely made available on the Platform for downloading, provided that You (a) do not remove any proprietary notice language in all copies of such documents; (b) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (c) make no modifications to any such information; and (d) do not make any additional representations or warranties relating to such documents.
8.3 Any software that is available on the Platform is the property of JSW One or its vendors. You may not use, download or install any software available at the Platform, unless otherwise expressly permitted by the Terms of Use or by the express written permission of JSW One.
9. Privacy Policy
Any Personal Information You supply to Us when You use this Platform will be used in accordance with Our Privacy Policy, a copy of which is at [insert link to privacy policy] (“Privacy Policy”). The Personal Information / data provided to Us by You during the course of Your usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and Applicable Laws and regulations.
10. Infringement and Take Down Policy
10.1 We are committed to removing listing or content on the Platform which infringes any intellectual property rights of others. To facilitate this, We have a verification process so that the Users who are intellectual property owners could easily report listings or content that infringe their rights. In the event that You believe that Your intellectual property right has been infringed by any of our Users, please email Us immediately at jswone.compliance@jsw.in along with the information set out below:
a. Description of the alleged intellectual property right that has been infringed along with adequate information to identify the intellectual property, including URL or screen shots of the listing / content on our Platform;
b. Details establishing that the complainant is the owner or the exclusive licensee of the infringed intellectual property;
c. Details of the person, if known who is responsible for uploading the listing / content, infringing Your intellectual property;
d. A statement by You that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
e. A statement by You, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
f. Undertaking that You will file an infringement suit in a competent court against the User responsible for uploading the infringing intellectual property, and undertaking that You shall produce the orders of the court to Us within 21 (twenty-one) days from the date of receipt of such order; and
g. Your address, telephone number, and email address.
10.2 We will respond to all infringement notices and will comply with all Applicable Law in relation to the take down of such listings or content on the Platform. We also reserve the right to terminate a User’s account if the User is guilty of such infringement.
10.3 When You send Us an infringement notice, You: (a) declare that all statements made by You are true; (b) acknowledge and agree that We may share Your infringement notice with third parties including the parties involved in the allegedly objectionable activities / infringing activities, our group companies, our legal advisors and other third parties; (c) You agree to indemnify Us in the event Your notice is issued with any mala fide intentions and we suffer any losses for taking action based on Your notice.
10.4 On receipt of Your notice, we will verify the allegations and if We find that the alleged listing / content is infringing Your intellectual property rights, We shall remove the listing / content promptly upon such determination.
10.5 JSW One has the right to restore listing of the Product in the event that You are unable to produce the orders of the competent court having jurisdiction as set out above. We are further not obligated to respond to any further takedown notices in relation to the same alleged infringements.
10.6 The Platform is controlled and operated by JSW One Platforms Limited and Products are listed by the owners / sellers of the Products. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute JSW One’s material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so.
11. Breach of these Terms of Use or Platform Policies
If You have, or if We have reasonable grounds to believe that You have, violated these Terms of Use or any Platform Policies or any other additional terms that apply to You, We reserve the right to suspend or terminate Your access to the Platform at any time, forfeit any amounts paid by You, take all such remedies available to Us and report such action to relevant authorities.
12. Third Party Content
12.1 JSW One communicates information provided and created by third parties including retailers, advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers.
12.2 Notwithstanding its reasonable efforts in that behalf, JSW One cannot take responsibility or control the information such as catalogues, description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the Products, links to third party websites and other data from external sources provided by third parties on the Platform (“Third Party Content”), including the accuracy of such Third Party Content, integrity or quality of such Third Party Content and the information on our pages, and material on the Platform may include technical inaccuracies or typographical errors, and JSW One makes no guarantees, nor can we be responsible for any such information. All Third Party Content is provided on an ‘As Is’ basis. JSW One may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content.
12.3 JSW One shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. JSW One shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
12.4 Third party advertisements, hyperlinks or other redirection tools on the Platform which take You to content operated by third parties are not controlled by Us, unless expressly provided otherwise, and do not form part of the Platform. The listing of an external site does not imply endorsement of the site by JSW One or its Affiliates. JSW One does not make any representations regarding the availability and performance of any of the external websites to links are provided. When You click on advertiser banners, sponsor links, or other external links from the Platform, Your browser may automatically direct you to a new browser window that is not hosted or controlled by JSW One. We reserve the right to disable links to or from third-party sites to any of our Platform, although we are under no obligation to do so. We are not liable for any loss or harm that may occur to You as a result of such sites.
12.5 Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We are not liable to fully screen or investigate business listing websites before or after including them in listings on our Platform, and We make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these webpages. We are not liable for any loss or harm that may occur to You as a result of such sites.
13. Disclaimer and Limitation of Liability
13.1 The Platform is provided on an “as is” and “as available” basis without any representation or warranty, express or implied. We do not warrant that:
a. the Platform will be constantly available accessible, uninterrupted, secure, complete, or entirely error -free, or available at all. We shall have no liability to You for any interruption or delay in access to the Platform availed through it, irrespective of the cause;
b. the information on the Platform is complete, true, reliable, current, accurate or non-misleading;
c. that the Platform is secure or free of viruses, Trojans or other malware; or
d. the contents of the Platform do not infringe any intellectual property rights.
13.2 We shall not be liable for any direct, special, punitive, incidental, indirect or consequential damages including but not limited to any loss of profits, revenue, contracts, anticipated savings, goodwill, expenditure, business or data of any kind in connection with these Terms of Use, or any Enquiries raised on or through the Platform. Our combined liability (if any) for any losses or claims arising out of any actions on the Platform shall not exceed the total fees paid by You for the Services.
13.3 Except as otherwise provided in these Terms of Use, User expressly agrees that JSW One shall not be liable for any loss (however occurring , including negligence), arising from or related to: (a) User’s failure to properly activate, integrate or secure account or incorrect details; (b) fraudulent transactions processed through third parties on the Platform; (c) disruption of transaction services, systems, server or website by any means, including without limitation, software viruses, Trojan horses, worms, time bombs, or any other technology; (d) actions or inactions by any third party; or (e) the limitation of the functioning of any Enquiries, Services or software, hardware, or equipment associated therewith.
13.4 JSW One neither recommends You to utilise any Services provided on the Platform nor does JSW One endorse, control or accept any responsibility for any Products or materials and nor does JSW One (unless expressly stated otherwise) provide any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, merchantability, fitness of the Product or Service, sale of the Products or non-infringement of third party intellectual property rights.
13.5 We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any Products, Services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platform.
13.6 Your correspondence or business dealing with or participation in the sales promotions on or through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between You and the owner / seller of such Products / Services. You assume all risks arising out of or resulting from Your transaction of business over the Internet, and you agree that JSW One is not responsible or liable for any loss or result of the presence of information about or links to any retailers/ advertisers / service providers on the Platform. You acknowledge and agree that We are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that Your use of these linked sites is subject to different terms of use than these Terms of Use, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platform. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platform.
13.7 You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk and You will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. JSW One accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
13.8 You understand, agree and acknowledge that Platform uses third party service providers to store and process Your Personal Information and other information which You provide to the Platform (as more specifically identified in the Privacy Policy) and such third parties may store and process your Personal Information in a country or state which may not have jurisdiction over You and / or such country or state may not have any data protection or data privacy laws or such country’s or state’s data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over the Platform. You agree and understand that Platform provides no guarantee, warranty or assurance that such third party service providers will protect Your Personal Information and Platform shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform.
13.9 JSW One does not accept any liability for any errors or omissions, whether on behalf of itself or third parties.
14.Indemnity
14.1 You agree to indemnify JSW One, its Affiliates and its licensors, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which We may pay, suffer, incur or are liable for, in relation to any act You do or cause to be done, in breach of the Terms of Use or any additional terms applicable to You or Your violation of any law, rules or regulations (including infringement of intellectual property rights) of a third party.
14.2 JSW One may notify You of any claims which You shall be liable to indemnify JSW One against. You will then be required to consult with JSW One regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of JSW One without the express prior written consent of JSW One which can be withheld or denied or conditioned by JSW One in its sole discretion.
15. Amendments to the Terms of Use
We may amend or replace these Terms of Use, and other Platform Policies on the Platform from time to time, by updating this document. Your use of the Platform following the posting of changes will mean that You accept such changes. If You do not agree to the change or amendments, You can cease using the Platform and the Services.
16. Severability and Waiver
If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.
17. Relationship between Us and Users
Neither usage nor registration on the Platform creates an association, partnership, venture or relationship of principal and agent, master and servant or employer and employee between the User and Us.
18. Assignment
You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. JSW One’s rights and/or obligations under the Terms of Use are freely assignable or otherwise transferable by JSW One to any third parties without the requirement of seeking Your prior consent. JSW One may inform You of such assignment or transfer in accordance with the notice requirements under the Platform Policies. JSW One shall have right to transfer Your Profile to a third party who purchases JSW One’s business as conducted under the Platform.
19. Force Majeure
If performance of any service or obligation under these Terms of Use or other Platform Policies by JSW One is, or other third parties in fulfilment of any Enquiries are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, computer hacking, unauthorized access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond reasonable control of JSW One), power or electricity failure or unavailability of adequate power or electricity, 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 JSW One or its third parties performing such services as sub-contractor to JSW One and could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then JSW One shall be excused from such performance to the extent of and during the period of such Force Majeure Event. JSW One shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
20. Applicable Law, Jurisdiction and Dispute Resolution
20.1 These Terms of Use, Platform Policies and applicable additional terms / policies shall in all respects be governed by and interpreted and construed in accordance with the laws of India. Subject to the contents of this clause, any disputes pertaining to the Platform shall be subject to the exclusive jurisdiction of the appropriate courts in Mumbai (India).
20.2 For settling any dispute(s) between the parties arising out of or in connection with these Terms of Use or any of the Platform Policies, the parties shall discuss the same mutually to resolve such disputes amicably between themselves within a period of thirty (30) working days (or such extended period as the parties may agree to in writing) on receipt of a notice for mutual resolution under these Terms of Use. If the parties fail to amicably settle the dispute(s) between themselves then the parties shall refer such dispute(s) to arbitration. The arbitration proceedings shall be conducted in accordance with the rules of Arbitration and Conciliation Act, 1996 (“Act”), as amended from time to time and in force as on the date of commencement of the arbitration proceedings. The arbitration proceedings shall be conducted by sole arbitrator to be appointed with mutual consent of the parties. If either party fails to agree upon an arbitrator within 15 (fifteen) days of receiving the notice by the other party invoking arbitration under these Terms of Use, then such appointment shall be made in accordance with relevant provisions of the Act. The seat and venue of arbitration shall be Mumbai and the language of arbitration shall be English. The parties agree to conduct the arbitration proceedings remotely and virtually through video conferencing. The provision pertaining to ‘Fast Track Proceedings’ prescribed under section 29B of the Act shall be applicable to the arbitration proceedings invoked under these Terms of Use.
20.3 The award passed by the arbitral tribunal shall be confidential, final and binding upon the Parties and the Parties agree to be bound thereby and to act accordingly. The cost of the arbitration proceedings shall be borne equally by the parties, unless otherwise determined by the arbitral tribunal. Except for the matters under dispute before arbitral tribunal, the parties shall continue to perform and fulfil their respective rights and obligations under these Terms of Use unless the same is impossible without resolution of the said dispute.
20.4 This paragraph shall survive the termination or expiry of these Platform Policies.
21. Grievance Officer
Users can access, modify, correct and eliminate the data about him/her/it which has been collected pursuant to his/her/its decision to become a User. If you believe that your rights are being infringed or you have any grievances, complaints or concerns, including in relation to the information shared by the User with JSW One on the Platform, you may reach out to our Grievance Officer through telephonic or electronic mode in the following manner:
Name: Sherien Kaul
Address: 6th Floor, Grande Palladium, CST Road, Kalina, Mumbai 400098 Email: jswone.compliance@jsw.in
Phone Number: +91 22 6854 2400
We respond expeditiously to rights owners and their agents who communicate their concerns about any alleged infringement in the manner provided under these Terms of Use.