Terms and Conditions

TERMS OF USE

The terms and conditions set out below (“Terms of Use”) is a legal document which governs the use of Shop.jetprivilege.com and any sites or pages redirected from this site. The site is owned and operated by Jet Privilege Private Limited (“JPPL”), a company incorporated under the Companies Act 1956, and having its registered office at Siroya Centre, Sahar Airport Road, Andheri (East), Mumbai 400 099. These Terms of Use shall apply to the relationship between you (being a user of this site, and terms such as ‘you’ and ‘your(s)’ shall be construed accordingly) and JPPL, and are intended to protect both you and JPPL. These Terms of Use are effective as on the date of their publication and may be changed / modified by JPPL at any time.

1. ACCEPTANCE

1.1. By clicking on "Proceed to Affiliate Partner’s site" you hereby certify that:

(a) You are competent to enter into a legally binding and enforceable contract and have the authority to enter into the same; and

(b) You agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein.

1.2. By proceeding to Affiliate Partner’s site, you are deemed to have executed this document electronically effective on the date of such action. Such action constitutes an acknowledgement that you are able to electronically receive, download, and print these Terms of Use, and any amendments hereto.

2. DEFINITIONS

For the purpose of this document, unless the context specifies otherwise, the following terms shall have the meanings defined as under:

Affiliate Partner” means any entity which has partnered with JPPL for offer of sale of products or services to Members on its respective site.

JetPrivilege Member Account” means the membership account of the Member which contains details of Member’s transaction through JetPrivilege.

JetPrivilege” or “JetPrivilege Programme” means the loyalty and rewards programme owned, managed and operated by JPPL offering benefits, facilities or arrangements to Members by reason of their membership into the programme.

JP Membership Number” means the membership number granted to the Member in pursuance of the JetPrivilege Programme.

JPMiles” means the reward currency owned and managed by Jet Privilege Private Limited.

Member” means a member of the JetPrivilege Programme.

Partner JPMiles” means the JPMiles accumulated by a Member into his JetPrivilege membership account upon purchase of products and/or services and separately appearing on a statement issued by JPPL to its Members.

Third Party” means any person other than you and JPPL.

3. SCOPE OF SERVICES

3.1. JPPL seeks to provide you an opportunity to earn Partner JPMiles on making purchases from Affiliate Partners whose logos and/or products are listed on this site. You shall carry out the transaction in the site operated by the respective Affiliate Partner upon being redirected from this site.

3.2. All transactions for purchase of products and/or services entered into by you shall be with the Affiliate Partner. JPPL shall not be involved, whether as a party or otherwise, in such transactions..

3.3. JPPL merely redirects you to the Affiliate Partner’s site and is free from any liability or such other legal obligations attached to sellers of goods and services.

3.4. JPPL’s role shall be limited to crediting accumulated Partner JPMiles to the JetPrivilege Member Account as and when communicated to JPPL by the Affiliate Partner.

3.5. JPPL’s role shall not extend to and, in any case, JPPL shall not bear responsibility of any kind in respect of the following activities:

(a) Take possession, of any of the products or services offered by the Affiliate Partner, in the course of a transaction entered into by the parties or hold any right, title or interest over the products and/or services offered by the Affiliate Partner or incur any obligations or liabilities in respect of such contract.

(b) Provide any online payment gateway or such other facilities, through itself or its service providers, for collection, processing, facilitation and remission of payment against the purchase of products and/or services.

(c) Undertake any guarantee that the Affiliate Partner will perform any transaction concluded on its site without breach of any terms thereof.

(d) Mediate, resolve or arbitrate any dispute or disagreement between you and Affiliate Partner as regards the transaction.

4. ELIGIBILITY TO USE

The services offered in this site or any pages thereof can be availed only by such users who are competent to enter into a legally binding and enforceable contract and have the authority to enter into the same. JPPL reserves the right to refuse access to use the services offered in the site to users at any time for inspection, investigation and prevention of fraudulent activities or for such other reasons it may deem fit.

5. MODE OF ACCESS

5.1. You shall be redirected to the Affiliate Partner’s site upon entering www.Shop.jetprivilege.com and clicking on:

(a) Any logos or brand names posted by the Affiliate Partner; or

(b) Any listing of product/service posted by the Affiliate Partner.

5.2. Thereafter, you may proceed through either of the following channels:

(a) Member Login

You may login by entering your JPMembership Number and such other credentials as sought in the respective fields. Even though you are not initially logged in to your JetPrivilege Member Account, you may avail of another chance to login by entering your JPMembership Number and such other credentials when prompted by a pop-up before being redirected to the Affiliate Partner’s site. It is the sole responsibility of Members to ensure that they login with their correct JPMembership Number. Any disputes surrounding a credit of Partner JPMiles to incorrectly mentioned JPMembership Number shall not be entertained by JPPL.

(b) Guest User

You are also permitted to continue as a guest user without entering any JPMembership Number. In this event, you shall not earn any Partner JPMiles upon transacting on the Affiliate Partner’s site.

6. EARNING PARTNER JPMILES

6.1. Determination of Partner JPMiles

(a) JPPL shall determine, from time to time at its discretion, those transactions which are eligible for credit of Partner JPMiles and the maximum number of such Partner JPMiles which the Member shall earn upon completion of the transaction.

(b) The above particulars shall be clearly displayed on this site or page wherefrom you shall be redirected to the Affiliate Partner’s site.

(c) Notwithstanding anything in above clauses (a) and (b), it is clarified that the indicated number of Partner JPMiles provides for a maximum cap and that you shall not be entitled to the full number. The actual Partner JPMiles earned by you may be lesser than the indicated number, depending on the net amount paid by way of the transaction with the Affiliate Partner. The number of Partner JPMiles that you earn may also vary due to any change in policy by the Affiliate Partner over which JPPL has no control.

6.2. Credit of Partner JPMiles

(a) You shall earn Partner JPMiles only on genuine transactions which are successfully tracked and verified by the Affiliate Partners. To ensure a successful credit of Partner JPMiles, you should perform the following activties:

(i) You should clear your browsers cookies/cache before logging into your JetPrivilege Member Account;

(ii) You should enable Cookies in your browser settings;

(iii) You should ensure that you are not using incognito or private browsing mode; and

(iv) You should not open any other coupon or price comparison sites in the same browser after being redirected from this site to the Affiliate Partner’s site.

(b) JPPL shall update the details regarding the amount of Partner JPMiles earned by way of the transaction within 7 days of completion of transaction. You may view such details in the Pending Activities section within Activity Details of your JetPrivilege Member Account.

(c) JPPL shall credit any earned Partner JPMiles to the respective JetPrivilege Member Account, upon being intimated by the Affiliate Partner of the event of a genuine transaction. The credit shall take effect within a period of 75 days from the date of completion of transaction with the Affiliate Partner.

(d) Any transaction deemed as non-genuine or invalid by the Affiliate Partner shall not qualify for credit of Partner JPMiles. The transaction may be deemed as non-genuine or invalid for any reasons, including but not limited, to the following:

(i) You did not wholly complete the transaction on the Affiliated Partner’s site;

(ii) You cancelled the transaction, modified the terms thereof or performed an activity (i.e. fully/partially returned the purchased product/service) which had the effect of altering the terms of the transaction;

(iii) You did not clear your cookies before you completed your transaction as a result of which you ultimately get redirected to the Affiliated Partner site from a site operated by a Third Party.

(iv) You did not comply with such terms and conditions stipulated by the Affiliate Partner for transacting on its site; or

(v) You used a coupon, gift voucher, gift card, gift certificate, store credit or a similar prepaid instrument to complete the transaction.

(e) In case a transaction is subsequently discovered to be non-genuine or is otherwise cancelled, the Partner JPMiles credited to the JetPrivilege Member Account as a result of such transaction shall be deducted from the accrued balance in the JetPrivilege Member Account.

(f) In case you made a genuine transaction, after ensuring strict compliance with the conditions prescribed in Clause 6.2 (a), and still has not received the corresponding credit of Partner JPMiles, you may make a claim by contacting JPPL and adducing sufficient proof of the same. JPPL shall use reasonable efforts on its part to recover such Partner JPMiles.

(g) Purchases made for Gemstones, Gold coins, Silver coins, Flipkart Gift Card & Certain Mobile Phones are not eligible for JPMiles.

7. INTELLECTUAL PROPERTY & COPYRIGHT

All copyrights, trademarks and intellectual property rights pertaining to the site and pages thereof, their contents and their arrangement, are owned by JPPL, unless otherwise indicated. No one may copy, reproduce or distribute any part of this site or any page thereof with or without modification or any data contained within the site without prior written consent of JPPL. You shall not commercially exploit the identity, logo or services of JPPL. JPPL reserves the right to seek injunctive and other similar remedies before the appropriate forum or court of law so as to prevent any such instances of infringement.

8. THIRD PARTY CONTENT

8.1. All kinds of text, graphics, trademarks, brands, logos, product listings and specifications and such other advertisements related to the products offered by Affiliate Partners as well as other data from external sources are made available on this site (“Third Party Content”).

8.2. Such Third Party Content is provided on an 'As Is' basis. JPPL does 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 and shall not be held liable for any loss suffered by you based on his reliance on or use of such Third Party Content.

9. USE OF INFORMATION AND MATERIALS

The information and materials contained in the site and pages thereof, and the terms, conditions, and descriptions that appear, are subject to change without prior notification. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by Affiliate Partners.

10. NO WARRANTY

JPPL does not and shall not make any warranty or representation as regards the following:

(a) Accuracy, adequacy or completeness of the information and materials displayed on this site or any pages redirected from this site. JPPL expressly disclaims liability for errors or omissions in this information and materials; and

(b) Specifics (including but not limited to quality, value, saleability, non-infringement of Thirdparty rights, title, merchantability and fitness for a particular purpose) of the products and services sold by Affiliate Partners.

(c) Timely and satisfactory performance of the contract of sale entered into between you and Affiliate Partners.

11. UNAUTHORIZED USE OF SITE

11.1. The following instances shall amount to unauthorised use of site:

(a) Making or attempting to make any transaction with any Affiliate Partner by providing incorrect or false information with a view to fraudulently earn Partner JPMiles;

(b) Posting of or uploading content which infringes any patent, trademark, copyright or other proprietary rights;

(c) Posting of or uploading content which contains software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;

(d) Posting of or uploading content which deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(e) Engaging in tampering of the site including modification of URLs, distributing unauthorised URLs, email cloaking, running automated scripts or pages being spidered and such other activity that interferes with or disrupts access to the site or the services performed through it; and

(f) Undertaking such other activity in violation of these Terms of Use.

11.2. In the event of such unauthorised use, JPPL reserves the right to revoke, suspend or terminate your JetPrivilege Member Account and forfeit any JPMiles or Partner JPMiles that have accrued in your account. You agree and acknowledge that JPPL shall further not be held liable for any loss or liabilities incurred by you or any Third Party as a consequence of such unauthorized use.

12. INDEMNIFICATION

You shall indemnify and hold harmless JPPL, its owner, licensee, affiliates, subsidiaries, group companies and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any Third Party or penalty imposed in relation to or connection with the following events:

(a) Any breach of these Terms of Use, Privacy Policy and such other Policies;

(b) Any incidents arising out of, or in connection with the use of this site; and

(c) Infringement and any other kinds of misuse of rights of a Third Party, including any intellectual property rights.

13. DISCLAIMER OF LIABILITY

13.1 In no event shall JPPL be held liable for any damages, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the use of this site or any pages redirected from this site.

13.2 Without prejudice to the generality of the above disclaimer, JPPL shall not be held liable in respect of occurrence of the following events:

(a) Delay or inability to use this site or related pages or the provision of or failure to provide any information, software, products, and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise;

(b) Non-availability of the site during periodic maintenance operations or any unplanned suspension of access to the site that may occur due to technical reasons or for any reason beyond JPPL’s control;

(c) Any damage to your computer systems or loss of data that results from the download of such material or data; and

(d) Any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

14. PRIVACY POLICY

14.1 JPPL may collect certain personal data and information in the course of providing services to you. The storage, use, disclosure and sharing of such personal information shall be governed by JPPL's privacy policy, which is available at www.jetprivilege.com ("Privacy Policy").

14.2. This Privacy Policy forms a part of these Terms of Use, and by agreeing to the same you shall be deemed to have given us consent to handle your information as per the terms of such policy.

14.3. If you have objections to the terms of the Privacy Policy, you may not avail of services provided by this site or pages thereof.

15. MODIFICATION

15.1 JPPL may, at any time, make any change, add to or modify these Terms of Use without giving notice to you.

15.2. In the event JPPL makes any changes to these Terms of Use, you will be taken to have received notice upon JPPL posting details of such changes in JetPrivilege site.

16. CHOICE OF LAW & JURISDICTION

These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. You and JPPL shall submit all disputes arising out of or in relation to these Terms of Use to the exclusive jurisdiction of the courts in Mumbai.

17. MISCELLANEOUS

17.1. Entire Terms of Use

17.1.1 These Terms of Use, together with any other legal notices or additional policies published by JPPL on the site, shall constitute the entire agreement between you and JPPL.

17.1.2 These Terms of Use shall not preclude the applicability of any other terms and conditions which shall govern your relationship with the Affiliated Partner in relation to the use of the latter’s site.

17.2. Assignment

JPPL shall have the right to assign its rights, obligations and licenses under these Terms of Use to any other person or entity, at its own sole discretion. You shall however not be entitled to assign your rights, obligations or licenses granted to you under these Terms of Use without the prior written consent of JPPL.

17.3. Communication

All notices to JPPL intended to have a legal effect must be in writing and delivered either (a) in person; (b) by a means evidenced by a delivery receipt, to the following address: Jet Privilege Private Limited. A Wing, 2nd Floor, Times Square, Andheri-Kurla Road | Andheri East, Mumbai 400059 ; or (c) in writing via email to ”memberservices@jetprivilege.com”. All such notices are deemed effective upon receipt by JPPL.

17.4. Severability

If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder shall continue in full force and effect. JPPL may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with such amended Terms of Use.

17.5. Waiver

Any failure or delay by JPPL to enforce or exercise any provision of these Terms of Use, or any related right, shall not constitute a waiver of that provision or right. Any waiver by JPPL shall only be made in writing and executed by a duly authorized officer of JPPL.

17.6. Grievance Officer

17.6.1 In pursuance of the Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of JPPL for the purpose of the services rendered under these Terms of Use shall be with email address: www.grievance.officer@jetprivilege.com.

17.6.2 JPPL may modify the aforesaid details from time to time in accordance with the provisions of Clause 15.

SCHEDULE - I

INELIGIBLE PRODUCTS AND/OR SERVICES

You shall not be entitled to any credit of Partner JPMiles upon purchase of below mentioned products and/or services:

1. Flipkart Vouchers

SCHEDULE - II

PARTIALLY ELIGIBLE PRODUCTS AND/OR SERVICES

You shall be entitled to only such number of Partner JPMiles which is lower than the indicated Partner JPMiles upon purchase of below mentioned products and/or services:

1. Mobile Phones

2. Gemstones, Gold & Silver Coins

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