Terms and Conditions
TERMS & CONDITIONS :
The domain name www.jccare.in (the "Site") is owned and presented by JC Ventures Private Limited ("Company"/"we"/"us"/"our" which shall mean to include its affiliated, subsidiaries and associated companies and successors and assigns). These terms and conditions of the Site ("Terms") govern use of the Site and are a binding contract between JC Ventures, JC Care and you, the user. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. The services that are being provided by Franchise India vide the Site are subject to the conditions as mentioned herein.
LEGAL DISCLAIMER :
In no event we shall be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of information provided on the Site or our performance with the delay or inability to use the Site or our services or related services, the provisions of or failure to provide services, or for any information, services and related services, availed through the Site or our services or otherwise arising through the use of the Site or our services, whether based on contract, tort, negligence strict liability, or otherwise, even if any of you have been advised of the possibility of damages.
Before sharing (if applicable)any content on the Site, please be sure you have the right to do so. We reserve the right to use, reproduce and modify all content submitted by you to the site, including but not limited to comments published by you on the site. We reserve to use our absolute discretion in exercising this right.
All contents, links and listings provided within the Site and related sites are provided for information purposes only. We make no warranties and are not liable for any actions or representations of any listed company within the Site and related sites.
You should always seek independent advice before acting on any information on the Site.
Although we take great care in making sure that all information we provide is accurate but we are not responsible for any loss suffered by you as a consequence of any of your action you take or omit to take on the basis of any of the information we provide. All Rights Reserved. We reserve the right at our sole discretion to refuse any application or submitted information.
ASSENT & ACCEPTANCE :
By using the Website, You warrant that You have read and reviewed these Terms of Service and that You agree to be bound by it. If You do not agree to be bound by these Terms of Service, please leave the Website immediately. The Owner only agrees to provide use of this Website and Services to You if You assent to these Terms of Service. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the Owner.
GRANT OF FRANCHISE :
The “Franchise” warrants and represents to JC Ventures (P) Ltd. that it is a company / firm, validly existing and a good standing under the laws of republic of India and has all requisite power and authority to enter into this agreement with JC Ventures (P) Ltd. All the obligations of the “Franchise” under this agreement are legal, valid and binding obligations enforceable in accordance with its terms. There are no proceedings pending against the franchise, which may have an advice effect on the ability of the franchise to perform and meet its obligations under this agreement.
On consideration of the “Franchise’s” applications and relying on such assurances and representations that “Franchise” has made to the “Franchiser” appoints the franchise as a franchise on the terms and conditions set forth in this agreement and in the website.
There is no product and/or service and/or territorial exclusivity granted to the “Franchise” as part of this Agreement by “Franchiser” that may give such right or a similar right to persons other than “Franchise” to sell JC Ventures’ products and services anywhere including geographic area surrounding the premises.
TERMS & CONDITIONS :
“Franchiser” would provide their entire range of services by own or through the service providers which includes www.fairconnects.com, www.jcgenetics.com, JC Pay and online market place services through www.a2z.sale to the “Franchise”.
“Franchise” will act as a single point e-hub for all the services provided by JC Ventures (P) Ltd. and/or their subsidiary companies and web portals falling within the purview of this agreement.
The entire business being on payout basis as per the Schedule-1 of this agreement, “Franchiser” will supply all the services based upon on/off line requests from “Franchise” up to limits available for “Franchise”.
“Franchiser” will publish commission structure and earning of the ”Franchise” from time to time on “Franchise” dash board on the web portal. The details of all transactions done by “Franchise” will be available on the web, login ID and password of which will be provided to “Franchise” by “Franchiser”.
All the services falling within the purview of this agreement will be made to “Franchise” based upon standard conditions of sales as set by “Franchiser” for all its “Franchise” outlets from time to time. Such conditions will generally be in line with conditions that are placed upon “Franchise” by “Franchiser” and also as a result of business decisions, legal and contractual requirements.
”Franchise” will keep providing the services within the purview of this agreement through their outlets exclusive with “Franchiser”. ”Franchise” will not enter into direct agreements with any other services providers, aggregators, distributors or any similar entity in India or abroad for this purpose, for the duration of this agreement.
The Intellectual Property rights and trademarks including the concept of delivery of services will rest with “Franchiser” or its suppliers or service providers.
“Franchiser” and “Franchisee” shall conduct their business at all times, in accordance with the applicable statutes, regulations, notification etc., Issued by the Government or any other statutory authority.
The franchisee will keep the outlet open and deliver the services seven days a week. If the outlet is shut for more than three days then a penalty of Rs 1000(Rupees One Thousand) per day shall be imposed on the franchisee.
LICENSE TO USE WEBSITE :
The Owner may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Owner, and other materials which may assist in Your use of the Website or Services ("Owner Materials"). Subject to these Terms of Service, the Owner grants You a non-exclusive, limited, non-transferable and revocable license to use the Owner Materials solely in connection with Your use of the Website and Services. The Owner Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website or Services or at the termination of these Terms of Service.
You agree not to collect contact information of other Users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.
Any unauthorized use by you shall terminate the permission or license granted to you by the Website and You agree that you shall not bypass any measures used by the Owner to prevent or restrict access to the Website.
INTELLECTUAL PROPERTY :
You agree that the Website and all Services provided by the Owner are the property of the Owner, including all copyrights, trademarks, trade secrets, patents and other intellectual property ("Owner IP"). You agree that the Owner owns all right, title and interest in and to the Owner IP and that You will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Owner.
a) In order to make the Website and Services available to You, You hereby grant the Owner a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload or otherwise make available to the Website ("Your Content"). The Owner claims no further proprietary rights in Your Content.
b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.
You understand that each time use the Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services that you have selected and consent to receive communications via phone or electronic records from the Website including e-mail messages telling you about products and services offered by the Website (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the Website. You agree that the communications sent to You by the Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
“Franchisee” shall keep all information of confidential nature received from the “Franchiser” in whatever form as strictly confidential and shall not disclose it to third Parties without the prior written consent of “Franchiser” during the term of this Agreement.
“Franchise” agrees not to disclose revenue Information without seeking a prior written consent from “Franchiser”.
Limitation of liability :
The Parties shall not be liable for any incidental, special, indirect or consequential damages arising out of or relating to this Agreement.
This Agreement comes into force on the date of signing/agreeing to this Agreement and shall continue for one (1) year after this date. This agreement may be extended on the mutual agreement of both parties, unless earlier terminated in accordance with the agreement.
This agreement may be terminated by either party at any time, without assigning any reason by giving prior written notice of ninety (90) days.
“Franchiser” shall be entitled to terminate this agreement, with immediate effect upon happening of one or more of following:
a. Any breach or violation of any of the terms and conditions of this agreement by the “Franchise”, if within seven (7) days of written notice from “Franchiser” of the breach or violation, such breach or violation is not cured, provided that no cure period shall be applicable for the violation of any applicable law.
b. Failure of the “Franchise” to provide the services to the customers as per the expectations of “Franchiser”.
Applicable Law :
This agreement is governed by and constructed in accordance with the laws of India. Under the jurisdiction of courts situated in Indore, Madhya Pradesh.
Dispute Resolution and Jurisdiction :
1. Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996.
2. The arbitration process shall be composed of one arbitrator appointed by “Franchiser”
3. The place of arbitration shall be Indore, Madhya Pradesh and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made in English.
4. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English.
5. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the [Indian] Arbitration and Conciliation Act, 1996 shall apply.
6. The rights and obligations of the Parties under, or pursuant to, this Clause, including the arbitration agreement in this Clause, shall be governed by and be subject to Indian law, and the agreement shall be subject to the exclusive jurisdiction of the courts at Indore, Madhya Pradesh.
Governing Law :
Laws of India govern the Terms of the Site. Users hereby give irrevocable consent to the exclusive jurisdiction and venue of Indore, Madhya Pradesh, India, in all disputes arising out of or relating to the use of the Site or its related services. Users agree to indemnify and hold the Site and the Company and its subsidiaries, affiliates, officers, and employees harmless from any claim, demand, or damage, including reasonable attorney’s fees, asserted by any third party due to or arising out of users own usage of or conduct on the Site. The Site/Company reserves the right to disclose any personal information about the users or use of the Site, including its contents, without the users prior permission, if the Company has good faith belief that such action is necessary to: (1) to conform to legal recommendations or comply with legal process; (2) Protect and defend the rights or property of the Company or its affiliated companies; (3) Enforce the terms or use; or (4) Act to protect the interests of its members or others. If any part of this contract is determined to be invalid or unenforceable pursuant to any applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, unenforceable provision that most closely matches the intent of the original provision and the remainder of the contract (as and when amended) shall continue in effect. Unless otherwise specified herein, this contract constitutes the entire agreement between the user and the Company with respect to the Site and its related services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the use of the Site and its services.
We reserve the right to amend or modify these Terms and Conditions at any time without notice.
Contact Information :
Your privacy is very important to us. If you have further questions or feedback, please email us at email@example.com
ACCEPTABLE USE :
You must not use the services and functionality provided on the Site in any manner that causes damage to the Site or its pages or is unlawful, harmful or fraudulent in any manner or for any competitive intelligence, reverse engineering or for copying of any of its content or functionality.
You agree to accord respect to other users of the Site and not to interfere with their legitimate use of the Site and our services.
You agree to indemnify us against all costs, claims, liabilities, demands or expenses incurred as a result of any breach of these Terms by you.
We reserve the right to block your access to the Site or delete your user account at any time at our absolute discretion.
You shall not publish or cause to be published any unlawful, defamatory, obscene, threatening, offensive, harmful or otherwise objectionable content. You confirm that you are the author of any content submitted to the Site and agree to waive all your moral rights to be identified as the author and your copyright to such content.
You agree to provide your real name, last name and accurate and truthful personal information in your registration.
You agree to keep your username and password safe from use by third parties and not to share your registration details and your login credentials with anyone else.
You agree to indemnify the Company against any unauthorised use of your username and password, howsoever caused.We reserve the right to modify the membership information you provide, as well as to delete, disable and/or restrict your account in our absolute discretion.
PRIVACY INFORMATION :
Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Owner to use Your information in India and any other country where We may operate.
a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Owner will still receive information about You that You have provided, such as Your email address. If You choose to terminate Your account, the Owner will store information about You.
THIRD-PARTY LINKS & CONTENT :
The Owner may occasionally post links to third party websites or other services. You agree that the Owner is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
SERVICE INTERRUPTIONS :
The Owner may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Owner shall have no liability for any damage or loss caused as a result of such downtime.
GENERAL PROVISIONS :
a) LANGUAGE: All communications made or notices given pursuant to these Terms of Service shall be in the English language.
b) JURISDICTION, VENUE & GOVERNING LAW: Through Your use of the Website or Services, You agree that the laws of the India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between You and the Owner, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms of Service is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at Indore, Madhya Pradesh, India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non convenience or similar doctrine.
c) SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms of Service shall continue in full force.
d) NO WAIVER: In the event that We fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part.
e) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Service are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms of Service.
f) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service. No Party has any authority to bind the other to third parties.
BUSINESS EXIT :
The JC Care Franchise outlet and business and business relation with JC Ventures Private Limited is completely transferable. “Franchisee” can transfer his ownership to anybody who he wants to and who fulfils all the necessary requirement criteria and follows all the terms & conditions under this agreement of the “Franchiser”, at any point of time.
ENTIRE AGREEMENT :
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.