Commercial Terms

The JAHAJEE.com Terms and these terms (the "JAHAJEE.com Commercial Terms" or "Commercial Terms") apply to access or use of the JAHAJEE.com Products (or Products), including JAHAJEE.com Organisation Pages or commercial purpose. This includes, but is not limited to, buying ads, selling products, managing a Organisation Page, or using our measurement services.
You agree that you will ensure that any third party on whose behalf you access or use any JAHAJEE.com Product for any business or commercial purpose is bound by the Terms, these Commercial Terms and any applicable supplemental terms, and you represent and warrant that you have the authority to bind that third party to such terms.
These Commercial Terms require the resolution of most disputes between you and us by binding arbitration on an individual basis; class actions and jury trials are not permitted.

Definitions

  • Buyer(s) shall mean and include any legal person, entity, business place or users, or any designated employee of the business place/entity, who desire to purchase Products, listed by the Seller, using the Services of the Company
  • Content shall mean and include any content, including the Products listed by the Seller, either defined in this Terms of Service or any other content as offered or provided by the Company or Sellers on the Website
  • Order or Transaction shall refer to the order placed by the Buyer to purchase the Products listed by the Seller and shall include the purchase, payment, delivery and other connected matters
  • Party/party shall mean and include the Company, Sellers, Buyers, Users, Registered Users and any other person who agrees to be bound by this Agreement
  • Product(s) shall mean and include all physical goods, digital goods, products, packages, services or any information in connection therewith, listed by the Seller under User Submission for sale, or usage by the Buyers
  • Product Information shall mean and include particulars, specifications, payment details or other information about the Products listed by the Seller, particulars with regard to the delivery to be done by the Seller or the Company upon request by the Seller and/or any services which shall be or have been performed by the Seller in accordance with the Products provided by the Seller
  • Registered User shall mean and include all Sellers, registered on the Website by providing the information mandated by the Website and also Buyers, in cases where registration is required
  • Seller shall mean the entity or person or User who is willing to list the Products on the Website and procure the Services
  • Services means and includes providing a platform wherein, the Products offered, sold and listed by the Seller, shall be purchased by you, facilitating the usage of the Website and payments for you and facilitating the delivery of Products upon request from the Seller (whether chargeable or not), or any other service, the Company performs for you
  • User/user, You/you, Your/your means any natural or legal person who browses, accesses or uses the Website and/or has agreed to become a Buyer (or customer) or a Seller (or vendor) on the Website by providing the registration data while registering on the Website as Registered User using the computer systems
  • Use/use or Using/using means to browse, access, view, copy, avail Services, purchase Products or other benefit from using the Website
  • User Submissions means and includes all information, Content, Products or Product Information listed by the Seller for sale; This listing of the Content, Products or Product Information by the Seller on the Webster, at the sole discretion of the Company, shall be chargeable by the Company
  • Website means domain name "https://www.jahajee.com/", owned and operated by the Company

Licenses

You grant us a license to content that is covered by intellectual property rights (like photos or videos) you share, post, or upload on or in connection with our Products. For any access or use of the JAHAJEE.com Products for business or commercial purposes, that license applies to content you or someone on your behalf (such as your agency that places an ad for you or your service provider that manages your Organisation Page content for you) makes available on or in connection with any JAHAJEE.com Product.
You also will ensure that you own or have secured all rights necessary to grant the licenses and rights you (or someone on your behalf) grant to us under the Commercial Terms and any applicable supplemental terms, including permission to display, distribute and deliver your content within JAHAJEE.com Products.

Compliance with law

You represent and warrant that your access or use of JAHAJEE.com Products for business or commercial purposes complies with all applicable laws, rules, and regulations. You further represent that you will restrict access to your content and apps in accordance with all applicable laws, rules, and regulations, including geo-filtering or age-gating access where required.
In addition to and without limiting the requirements about who can use the JAHAJEE.com Products under our Terms, if you are located in a country that is subject to embargo under the laws of the United States (or under similar laws applicable to you) you may not engage in commercial activities on JAHAJEE.com Products unless authorized by applicable laws. If you are on the U.S. Treasury Department's list of Specially Designated Nationals (or an equivalent lists), you may not engage in commercial or business activities on the JAHAJEE.com Products (such as advertising or payments). You also may not access or use the JAHAJEE.com Products if you are prohibited from receiving products, services, or software under applicable law.

Limits on liability

In addition to and without limiting the scope of the "Limits on liability" section in our Terms, you agree that we are not responsible for the actions, services, content, or data of third parties and you release us, our directors, officers, employees, and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third parties.
Our aggregate liability arising out of or relating to any access or use of the JAHAJEE.com Products for business or commercial purposes, the Terms (for any access or use of the JAHAJEE.com Products for business or commercial purposes), or these Commercial Terms shall not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months.

Disputes

Indemnification
If anyone brings a claim, cause of action, or dispute against us related to your services, actions, content or information on JAHAJEE.com or other JAHAJEE.com Products or your use of any JAHAJEE.com Products, you agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute.

Dispute resolution
You and we agree to arbitrate any claim, cause of action, or dispute between you and us that arises out of or relates to any access or use of the JAHAJEE.com Products for commercial purposes ("commercial claim"). This provision does not cover any commercial claims relating to violations of your or our intellectual property rights, including, but not limited to, copyright infringement, patent infringement, trademark infringement, violations of the Brand Usage Guidelines, violations of your or our confidential information or trade secrets, or efforts to interfere with our Products or engage with our Products in unauthorized ways.
We and you agree that, by entering into this arbitration provision all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING COMMERCIAL CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a commercial claim only on your own behalf and cannot seek relief that would affect other parties. If there is a final judicial determination that any particular commercial claim (or a request for particular relief) cannot be arbitrated in accordance with this paragraph's limiations, then only that commercial claim (or only that request for relief) may be brought in court. All other commercial claims (or requests for relief) remain subject to this paragraph.

If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing. This notice of dispute to us must be sent to the following address: JAHAJEE.com
Shankar Colony,
Kali Mandir road,
Bekar-bandh,
Dhanbad-826001
Jharkhand
India.
By email: legal(at)jahajee(dot)com

If any provision of this dispute resolution provision is found unenforceable, that provision will be severed and the balance of the dispute resolution provision will remain in full force and effect

Updates

We may need to update these Commercial Terms from time to time, including to accurately reflect the access or uses of our Products for business or commercial purposes, and so we encourage you check them regularly for any updates. By continuing any access or use of any JAHAJEE.com Products for business or commercial purposes after any notice of an update to these Commercial Terms, you agree to be bound by them. Any updates to the Disputes section of these Commercial Terms will apply only to disputes that arise after notice of the update takes place. If you do not agree to the updated terms, please stop all access or use of our Products for business or commercial purposes.

Other
  1. The JAHAJEE.com Terms, these Commercial Terms, and other applicable supplemental terms make up the entire agreement between the parties regarding access or use of the JAHAJEE.com Products for any business or commercial purpose, and supersede any prior agreements.
  2. If any portion of these Commercial Terms are found to be unenforceable, then (except as otherwise provided) that portion will be severed and the remaining portion will remain in full force and effect.
  3. If we fail to enforce any of these Commercial Terms, it will not be considered a waiver.
  4. Any amendment to or waiver of these Commercial Terms must be made in writing and signed by us.
  5. You will not transfer any of your rights or obligations under these Commercial Terms to anyone else without our consent.
  6. These Commercial Terms do not confer any third party beneficiary rights.
  7. You consent that JAHAJEE.com may disclose your advertising content and Organisation Page posts ("commercial content"), and all information associated with such content your advertising, including information associated with the delivery of that content, in response to valid legal process related to an electoral matter or to a governmental entity or body if JAHAJEE.com believes that disclosure would assist in a lawful investigation.
  8. All of our rights and obligations under these Commercial Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  9. Nothing in these Commercial Terms shall prevent us from complying with the law.
  10. We reserve all rights not expressly granted to you.


13 Apr 2020