Terms of use

TERMS OF USE (BToU V1.05)

BY ACCESSING OR USING THIS PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, PRIVACY POLICY, RETURN POLICY AND SUCH OTHER AGREEMENTS, AS MAY BE ADOPTED BY US FROM TIME TO TIME. PLEASE READ THESE AGREEMENTS CAREFULLY BEFORE ENTERING INTO A TRANSACTION ON THIS PLATFORM.

THIS DOCUMENT IS AN ELECTRONIC RECORD 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) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS TO OR USAGE OF THIS PLATFORM.

1. General

1.1 The Platform is owned and operated by JSW One Platforms Limited (“JSW One”), whose registered office is at 6th Floor, JSW Centre Bandra Kurla Complex Bandra (East), Mumbai - 400051.

1.2 Your use of the Platform is governed by the following Terms of Use as applicable and the Agreements (defined below) provided separately on the Platform and which are or may hereafter be incorporated herein by way of reference (“Terms of Use”). If You transact on the Platform, You shall be subject to the Agreements that are applicable to the Platform for such Transaction. By mere use of the Platform, You shall be contracting with JSW One, and these Terms of Use including the Agreements 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) “Platform” shall mean this internet based electronic B2B e-commerce platform (https://www.jswonemsme.com/), and/or an application, 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 buyer may be using to access/communicate with JSW One), owned and/or operated, directly or indirectly, by JSW One;

(c) “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;

(d) “KYC Documents” means such ‘know your customer’ documents as may be required to be submitted to JSW One from time to time;

(e) “Profile” means the individually identifiable profile of User created at the time of registering on the Platform;

(f) “Transaction” means the process of placing an order for the Products (defined hereinafter) and/or availing the Services (defined hereinafter);

(g) “User Content” means content including data or information of You, including Your Product rating, comments, reviews in relation to Products 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;

(h) “We”, “Us”, “Our”, or “JSW One” means JSW One or any of its subsidiaries or Affiliates; and

(i) “Buyer”, “You” or “User” means a legal person who is given access to use the Platform for the purpose of buying goods and services on the Platform.

1.4 JSW One owns and operates the Platform, to enable the display and sale of various products (“Products”), and incidental and ancillary services thereto (“Services”). The Services are offered to Users through various modes which may include issue of coupons and vouchers that can be redeemed for payment towards various Products and Services.

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 and the Returns, Refunds, Replacement and Cancellation Policy (“Agreements”). In the event that there are any conflicts between (a) the Privacy Policy and any other Agreements (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 Agreements, 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 purchase Products online and avail the Services.

1.6 On the condition that You comply with these Terms of Use and the Agreements, 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 or prices; 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 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.

1.8 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 the 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.

1.9 The price of the Product is displayed in Indian Rupees. The price unless specified otherwise is inclusive of all applicable taxes including GST, customs duty, excise duty or other tax or levy that the User may be required to remit in connection with such a Transaction. It shall be the sole responsibility of the Buyers to provide correct GSTIN details to enable them to take credit and other tax benefits. In a situation of mismatch / incorrect GST invoice, JSW One shall not be held responsible. The price is provided on the Platform on an ‘as is’ basis. Due to technical reasons, there may be errors in the price provided on the Platform which may be corrected by JSW One and updated to You. JSW One further reserves the right to cancel transactions concluded on the basis of such faulty selling price (and accordingly reverse payments pursuant to the terms of this Agreement), and shall communicate such cancellation to You.

1.10 JSW One is not responsible for any damages to the Products, or Products being out of stock, unavailable or back ordered.

1.11 The Buyer understands and agrees that the Platform services offered by JSW One are not absolute or unconditional. Such services are subject to repudiation by JSW One at any time before the delivery of the Product to the Buyer and without any obligation to assign or provide any reason for such repudiation and without any consent from the Buyer and without any liability or any obligation towards the Buyer. You understand and agree that JSW One has the right to cancel any Transaction, listing or acceptance (a) for any reason in accordance with the Agreements; or (b) under an order or instruction from any statutory, quasi-judicial or judicial authority.

1.12 The Buyer understands that the actual quantity delivered may vary by +10% as compared to quantity ordered by the Buyer. The invoice provided at the time of delivery/self-pick up as the case may be, shall carry details of the exact quantity and price charged. The Buyer shall be refunded part payments in case of a negative variation in the quantity supplied. Similarly, the Buyer shall make additional payments in case of a positive variation in the quantity supplied.

1.13 The availability of Products on the Platform is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, JSW One may cancel such Transaction without any recourse to You and without any liability to JSW One. If Your order is so cancelled after some payments for the order have been processed, the said amounts will be reversed / remitted to the Buyer in accordance with the Agreements.

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.

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 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, Buyers 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. Buyers are prohibited from selling, trading, or otherwise transferring their Profiles to other persons. Representatives of JSW One may assist the Buyers with creating their account and registering them on the Platform.

3.2 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.

3.3 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.

3.4 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.

3.5 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) use any and all of the information provided by You to create Your Profile; and

(e) modify, limit or delete Your Profile as may be required.

4. Use of the Platform

The Platform is utilized by Users to interact with JSW One for their Transactions. 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.

4.1 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) contains content or other material protected by intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

(c) defames, abuses, harasses, stalks, hurts religious or ethnic sentiments of, threatens or otherwise violates the legal rights of others;

(d) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(e) is false, inaccurate or misleading in any way; infringes any patent, trademark, copyright or other proprietary rights;

(f) violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) 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

(h) conducts or forwards surveys, contests, pyramid schemes or chain letters;

(i) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;

(j) interferes with another’s use and enjoyment of the Platform;

(k) creates profiles or provides content that promotes escort services or prostitution;

(l) 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;

(m) 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

(n) 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.

(o) contains any content which is non-compliant with the Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, including Rule 3 of The Information Technology (Intermediaries Guidelines) Rules, 2011, the Indian Penal Code, 1860, Terms of Use or Privacy Policy, as amended / re-enacted from time to time; or

(p) violates any law for the time being in force.

4.2 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) use any automated systems to extract data from the Platform;

(f) 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;

(g) 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’s Company, affiliates, or JSW One on the Platform or otherwise tarnish or dilute any JSW One Group Company or 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;

(h) 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;

(i) circumvent or manipulate our Platform, Platform Services, registration process, billing system, or attempt to do so;

(j) 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.

(k) engage in deceptive, fraudulent, anti-competitive practices or other invalid means to meet the other User’s requirements; or

(l) 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.

4.3 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.

4.4 Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. JSW One makes no representation that the Products 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.

4.5 The Buyer understands that the Platform is a B2B ecommerce Platform and accordingly represents, warrants and undertakes that the Products purchased on the Platform are for business, distribution and resale (B2B) purposes.

5. Payment

5.1 You agree that the Transactions, transaction price and all commercial terms such as dispatch of Products and / or Services are principal to principal bipartite contractual obligations between the User and the sellers listed on the Platform, and the payment facility is merely used by the Users to facilitate the completion of Transactions, unless specifically set out by JSW One on the Platform. You further agree that JSW One is an independent contractor for all purposes and does not have control of or liability for the Products or Services that are listed on the Platform and paid for by using the payment facility.

5.2 You acknowledge that JSW One as an ecommerce platform is required to deduct TCS on GST as per CGTS Act 2017 and TDS as per Income Tax Act 1961. All payment to sellers shall be made net of such deductions as applicable.

5.3 You may be required to pay additional charges / fees for Services availed by You on the Platform. Use of the payment facility shall not render JSW One liable or responsible for non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the Products and / or Services listed on the Platform. All payments made against the purchase of Products on the Platform shall compulsorily be in Indian Rupees. The Platform will not facilitate Transaction with respect to any other form of currency. The Platform facilitates payments through one or more of: (a) net banking; (b) NEFT; (c) RTGS; (d) credit / debit card; (e) cheque; and (f) e-wallets or any other facilities as made available by JSW One from time to time. A portion (full or in part) of the price of the Products may be required to be paid by the Buyers as an advance as per options made available on the Platform from time to time, and the balance amount of the Price will be required to be paid prior to the delivery of the Products.

5.4 You hereby specifically authorize JSW One or its service providers to collect, process, facilitate, and remit payments and / or the transaction price electronically or by cheque, as the case may be, to and from You in respect of Transactions through payment facility.

5.5 Setoff:You hereby specifically agree and acknowledge that in the event of any amount becoming recoverable pursuant to any Services availed or Products purchased by You 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 or Products purchased by You on the Platform, in furtherance of a Transaction, including any past or future Transactions, 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.

5.6 Bank Instruments and Transfers:

All online bank transfers (National Electronic Funds Transfer (NEFT) and real-time gross settlement (RTGS)) from valid bank accounts and cheque payments are processed using the payment gateway provided by the respective issuing bank which supports payment facility to provide these Services to the Users. All such online bank transfers and cheque payments on payment facility are also governed by the terms and conditions agreed to between the Users and the respective issuing bank.

5.7 Credit / Debit cards:

All valid credit / debit / cash card / and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between Users and the respective issuing bank and payment instrument issuing company. The information provided by a User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. The User will be solely responsible for the security and confidentiality of their credit / debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of the User’s credit / debit card. You must use Your own credit / debit card for a Transaction.

5.8 E-wallets:

Payments through e-wallets are processed through third party service providers. The same will also be governed by the terms and conditions agreed to between Users and the respective payment instrument issuing company.

5.9 Buyers may also avail of financing facilities from financial partners on the Platform, if any and as and when made available by the Platform, in which case the payment for the Products will directly be received from such financial partners. In case a financial partner fails to disburse monies when required by the Platform on an order placed by You, You shall be liable to make such payment as and when demanded by JSW One. You undertake to honour all terms of such financing and promptly make payments when due to the financiers depending on the terms and conditions of your agreement with such financiers. In case of any breach of terms by You with respect to the financing availed on the Platform, We reserve the right to suspend your account in the Platform and disable your access to the Platform. Such access may be restored at the sole discretion of JSW One.

5.10 JSW One, at its sole discretion, may from time to time, and pursuant to applicable laws, provide credit support in the form of first loss default guarantee or such other means as deemed appropriate to facilitate third party financing. In case JSW One has provided such credit support on the financing availed by You, and You fail to make required payments, JSW One shall have the right to recover such defaulted amount to the extent of the guarantee and also recover legal, out of pocket, and incidental costs and expenses from You.

5.11 Where no credit support provided by JSW One with respect to financing availed by You, JSW One will not be responsible in any manner, for the obligations of the Buyers under such financial arrangements between the Buyers and the financial partners.

5.12 The sellers on the Platform, at their sole discretion at such terms and cost as determined by them, may offer You, on the Platform, deferred payment option ‘Credit Offer’ for the purchase of Products. You will have the sole discretion of availing the same. Should the Credit Offer be availed by You on the Platform, it will be Your sole responsibility to honour such offer. Any breach by You of the terms and consequences thereof shall be to your account. JSW One will not be liable for any loss incurred by the sellers if such deferred payment is defaulted by You. You shall keep JSW One indemnified of any related issues between You and the seller/s. In case of any breach of terms of the Credit Offer by You, We reserve the right to suspend your account and disable your access to the Platform. Such access may be restored at the sole discretion of JSW One.

5.13 Subject to the clauses above, the sellers on the Platform and/or JSW One, at their sole discretion at such terms and cost as determined by them, may offer You, subject to You being held eligible to enrol or participate as per the terms and conditions prescribed from time to time, credit facilities under a seller credit program on the Platform. Should You choose to be considered to avail, register or enrol for such seller credit program, You agree and accept to the following conditions:

(a) You agree and consent to be bound by the terms and conditions of the seller credit program as may be notified by JSW One and/or the seller, from time to time;

(b) You consent to provide Your credit report (and the credit report of Your promoter, partner, proprietor, as applicable) from any and/or all of the recognised credit bureaus, as required by the seller or JSW One at their sole discretion;

(c) You shall, promptly at the request of the seller or JSW One (as the case may be), submit all details and documents required for Your registration and continued participation in the seller credit program, including but not limited to Your KYC documents, GST details, bank statement and original post-dated cheques and such other documents required for availing the seller credit program;

(d) You authorise JSW One to collect, use, share, process and store Your information and share with the sellers, on a need-to-know basis;

(e) You authorise JSW One and its representatives to visit Your business premises for the purpose of a physical audit, and click photographs to be stored internally and shared with sellers on a need-to-know basis; and

(f) You understand that the terms and conditions regarding applicability for such seller credit program may be revised from time to time, and You consent to submit all requisite information at regular intervals at the request of JSW One for determination of Your eligibility for the seller credit program.

5.14 You understand, accept, and agree that the payment facility provided by JSW One is neither a banking nor financial service, and that JSW One is merely a Service Provider providing an electronic, automated online electronic payment facility for receiving payment through cash, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway network. Further, by providing payment facility, JSW One neither acts as a trustee nor fiduciary with respect to transaction or transaction price.

5.15 You shall comply with all applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, 1962, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act,  2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and Platform.

6. Logistics and Fulfilment Services Policy

6.1 You are obligated to collect (in case You choose the self-pick up option) / take delivery of the Products purchased by You, that are said to be in a deliverable state. In the event of non-acceptance or refusal to collect / accept the delivery of the Products ordered by You, You may be liable to JSW One, for such non-acceptance and shall further be liable to JSW One for any loss of any fee or charges that JSW One shall have earned if such delivery or Transaction should have been completed. Such charges may also be subject to GST, which will be charged over and above the fees / penalty. You acknowledge that such damages or loss to JSW One and the sellers listed on the Platform are not consequential or indirect. You shall countersign a lorry receipt and/or eway bill/invoice copy or such other document collection / delivery form required by JSW One, in which You confirm that the Product was collected / delivered in the correct condition (without obvious defects or damage).

6.2 Delivery charges are not hidden charges and are charged (if at all) extra depending on the logistics facilities provided by the relevant seller listed on the Platform. Delivery times are influenced by Product availability, geographic location, Your shipping destination and the seller’s logistics partner's time-to-deliver in Your location. Products are generally delivered on business days. Apart from Sundays, there are certain holidays throughout the year that are not considered as business days.

7. Intellectual Property

7.1 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 Products are for Your personal use only.

7.2 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.

7.3 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.

8. User Content

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.

9. Contents Posted on the Platform

9.1 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 is owned and controlled by JSW One or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such 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.

9.2 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.

10. 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 https://www.jswonemsme.com/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.

11. Infringement and Take Down Policy

11.1 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) 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 days from the date of receipt of infringement notice; and

(e) Your address, telephone number, and email address.

11.2 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.

11.3 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.

11.4 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.

11.5 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.

12. Breach of these Terms of Use

If You have, or if We have reasonable grounds to believe that You have, violated these Terms of Use or any Agreements 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.

13. Third Party Sites

All 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 and do not form part of the Platform. We are not liable for any loss or harm that may occur to You as a result of such sites.

14. Disclaimer and Limitation of Liability

14.1 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, 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.

14.2 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 Transactions that occur on the Platform. Our combined liability (if any) for any losses or claims arising out of any Transaction shall not exceed the total fees paid to Us for such Transaction.

14.3 JSW One neither recommends You to buy any Products on the Platform nor does JSW One endorse, control or accept any responsibility for any such Products 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, offer to sell or transactions of sale or purchase of Products on the Platform or non-infringement of third party intellectual property rights.

14.4 JSW One does not accept any liability for any errors or omissions, whether on behalf of itself or third parties.

15. Indemnity

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.

16. Amendments to the Terms of Use

We may amend or replace these Terms of Use, and other Agreements / 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.

17. 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.

18. 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.

19. Applicable Law, Jurisdiction and Dispute Resolution

19.1 If the parties are unable to resolve any such dispute or difference within a period of thirty (30) days, then any such dispute or difference arising out of, under, or in connection with this Agreement, including any question regarding its formation, existence, validity, enforceability, performance, interpretation or the breach, termination or validity thereof, shall be referred to and finally resolved by arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996, as amended from time to time.

19.2 The arbitral tribunal shall consist of three arbitrators, one appointed by each party and the said 2 (two) appointed arbitrators by the parties shall appoint the presiding arbitrator. The venue of the arbitration shall be Mumbai and the language of the arbitration shall be English.

19.3 The arbitral tribunal shall have the authority to order reasonable discovery including but not limited to: the identification of witnesses, the deposition of witnesses, the production of documents, including but not limited to the exchange of any documents with a specific bearing on the interpretation of the Agreement and a party’s performance under the Agreement, and the production of any exhibits upon which a party intends to rely at the Arbitration. There shall be a hearing unless the parties agree in writing that the Arbitral tribunal may decide the case solely on the documents submitted by the part. The arbitral tribunal will be empowered to impose costs on any party that seeks adjournment of the proceedings or hearings, or fails to comply with any directions of the Arbitral Tribunal. After 60 (sixty) days’ written notice to the parties, the arbitral tribunal also will be empowered to dismiss the claims or strike off the defence of a party that fails to deposit the costs referred to above, pay the fees of the arbitrators, or costs as directed by the tribunal towards conduct of the arbitration proceedings.

19.4 The arbitral award shall be in writing and shall state the grounds upon which it is based. The arbitral award shall be final and binding on the parties. Unless costs are awarded in the arbitration proceeding, all expenses, costs incurred by the parties in connection with such arbitration will be borne by the party jointly except for the legal fees of the Parties. Judgment upon any award rendered by the Arbitrator may be entered by any court having jurisdiction over the parties or their assets, or an application may be made to such court for judicial recognition of the award or an order of enforcement thereof, as the case may be. This paragraph shall survive the Termination or expiry of this Agreement.

19.5 These Terms of Use and applicable additional terms / policies shall be governed by and interpreted and construed in accordance with the laws of India. Subject to the above paragraph of this clause, any disputes pertaining to the Platform shall be subject to the exclusive jurisdiction of the appropriate courts in Mumbai.

20. 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: Grande Palladium 6th Floor, 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.