Terms of Use

Introduction

These Terms of Use govern your use of Chapter Two website (www.thejoonshop.com) and services, including content, updates, and new releases (“Platform”). The Platform is a service application that connects the community of buyers, users and any other individual to interact through the Platform, with a view to inter alia improving access to services, products, safety and security and convenience of the users (collectively “Services”).

Acceptance of the terms of use

Please read these terms of use carefully.  By accessing, clicking on accepting these terms of use or using the Platform, you are agreeing to the terms of use set out below (as revised from time to time) (“Terms”) and concluding a legally binding contract with Chapter Two and our affiliates (hereinafter referred to as “Joon”, “we”, “us” or “our”). Please note that these Terms may be updated from time to time, and we advise you to look through them as often as possible. These Terms are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Platform including but not limited to the Services, communication, and Content (defined herein after) provided to us now or in the future via the Platform.

Your continued use of the Platforms after any changes to these Terms are posted, will be considered acceptance of those changes.

The Platform is only to be used for your personal non-commercial use and information. Your use of the services and features of the Platform shall be governed by these Terms along with the Privacy Policy, and Shipping Policy and Cancellation Policy (together " Policies ") as modified and amended from time to time.

By merely accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

Eligibility

You may use the Platform in accordance with these Terms and our Policies.

You must be over the age of eighteen (18) years and able to understand and agree to the terms, conditions, obligations, representations, exclusions, and warranties set forth in these Terms. If you are categorized as a child under the applicable laws and use our Platform and our Services, then it shall be assumed that you are using our Platform and our Services only under the guidance and involvement of a parent or legal guardian and we shall not be held liable for any misuse of the Platform or Services by children.

Our Platform is not available for use directly by children (under the age of 18 or any other age of children as per the applicable laws) and does not provide information aimed at or specifically targeting children.

Usage of platform

The Platform and Services can be accessed through a compatible device or a mobile device using Internet access and may require software compatibility. You agree that you are solely responsible for the requirements to use the Platform and Services, including any applicable changes, software updates and fees for SMS messages, data plans, and general usage, as well as the terms of your usage with your mobile device and telecommunication network provider. We make no warranty or representation of any kind, express, statutory or implied as to a) the Services provides and the operation of the Platform b) the availability of telecommunication network provider or telecommunication network services to access our Platform and Services at all times and all locations or c)  any loss, damage or any other cyber security issues or intrusion of the telecommunication network provider and telecommunication network services and d) any disclosure of information to third parties or failure to transmit any data or communication or settings connected with your mobile device or telecommunication network provider or telecommunication network services.

Product & Services Information

We attempt to be as accurate as possible in the description of the product on the Platform. However, we do not warrant that the product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

We reserve the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.

Product Use & Services

The products and services available on the Platform, and the samples, if any, that Platform may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.

In case any products or beauty services purchased / received / availed causes side effects or doesn’t suit you, please note that we are in no manner responsible for any manufactural side-effects or service provider and manufacturer or service provider of the product or Service shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products and beauty services and consult a specialist before the use of the same.

Use and protection of intellectual property rights

All intellectual property, including in relation to the Platform, including any software, techniques and processes used, and any trademarks, logos, images, material, content, designs, information, and other content available on the Platform belongs exclusively to us or is licensed to us. By no means is any proprietary right or license in any intellectual property implied or expressly granted by us to You or any other user of the Platform using the Platform.

You shall not copy, decompile, reverse engineer, or otherwise attempt to discover any source code, license, use or assign any intellectual property in the Platform, copy any logos, brand names, marketing or branding material or pictures from the Platform, remove any copyright and other proprietary notices contained in any content on the Platform, or use spiders, crawlers or robots for the purpose of accessing the Platform, or any content on the Platform.

Any unauthorized use of our intellectual property rights in connection with any other good, Service or offering through the Platform will constitute an infringement of our intellectual property rights and may be actionable under the applicable laws.

Our Platform and Services are protected by copyright, trademarks, patents, trade secrets and/or other intellectual property laws.

When you upload, submit, store, send or receive Content or payments that may include chat or feedback or transactional details to or through the Platform, you give us a worldwide, perpetual license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, regulatory purpose, publicly display, and distribute such Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using the Platform and Services.

Content

You are responsible for the information and content you upload, post, publish, and store on the Platform ("Content"). You grant us a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Platform. We are not responsible for the Content or data you submit through the Platform, and you agree not to use, nor permit any third party to use, the Platform to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

  • Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any law.
  • Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy.
  • Personal information of any third party without their consent. In case you publish any personal information of another person or a third party, we will presume that you have taken free, specific, informed, unconditional and unambiguous consent from such person to share their personal information with us and have made available these Terms and Privacy Policy to them and such personal information is true and accurate.
  • solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding.
  • Virus, trojan horse, worm or other disruptive or harmful software or data.

We have no obligation to monitor Content on the Platform. We may disclose any information necessary to satisfy our legal obligations, to protect us or our users, or for the operations of the Platform to run smoothly and effectively. We, in our sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of these Terms.

You agree and allow us to use any feedback, suggestions, or complaints you provide to us in any way, including in future modifications of the Platform, other products or services, advertising or marketing materials.

Pricing Information

We strive to provide accurate product and pricing information, however errors may occur.

We cannot confirm the price of the product until you make the order. Without limiting the generality of cancellations, refunds and returns, if a product or Service is listed at an incorrect price or with incorrect information due to any technical error, We shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ Service, unless the product has already been delivered or the service has already been availed by you.

In the event that an item is wrongly priced, We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the Services are availed, your offer will not be deemed accepted and We will have the right to modify the price of the product/ Service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation.

In the event that We accept your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Joon’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERRED ON THE PLATFORM ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION. We may revise and cease to make available any product/ Services at any time. In the event, We are unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. We shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

Cancellations, Refunds and Returns

Please refer to our Cancellation, Refunds and Returns Policy provided on our Platform.

Mode of Payment

Payments for the products available on the Platform may be made in the following ways:

  • Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points.
  • Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
  • COD mode of payment is available for almost all pin codes within India on orders above INR 3000. We do not ship internationally currently.

Shipping and Delivery

Please refer to our Shipping Policy provided on our Platform, as amended from time to time.

Indemnity and release

You shall indemnify and hold us, our officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) harmless from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy or any document incorporated by reference, or your violation of any law, rules, regulations, or the rights of a third party.

Limitation of liability

In no event shall we, our their officers, shareholders, subsidiaries, associate companies, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the Platform or Services.

Joon shall not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Platform.

Disclaimer

The Platform and Services, including all content, software, functions, material, and information made available or accessible through the Platform are provided “as is”. WE MAKE NO REPRESENTATION AND WANNRATY OF ANY KIND FOR a) THE CONTENT b) SOFTWARE, PLATFORM, FUNCTIONS c) MATERIALS, DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF JOON. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

We do not warrant that the functions contained in content, information, and materials on the Platform, including, without limitation any third-party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information, and materials available are free of viruses or other harmful components.

Advice

It is agreed that none of the content or Services available on Platform shall be deemed to be any kind of advice by us. Any recommendation made to you on the Platform during the course of your use of the Platform is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by us or any of its associates in any manner.

If you receive any information, recommendations, or advice from any employee or representative, then such information, recommendations or advice shall strictly be in the personal capacity of such employee or representative, and you may act upon it at your sole risk and costs. We shall in no way be liable or responsible for any transactions executed by you in pursuance of such information, recommendations, or advice. We and our officers, directors, partners, employees, agents, and affiliates shall have no responsibility with respect to any Services availed by you or transactions made by you.

Privacy policy

Our Privacy Policy outlines what Personal Data we collect when you sign-up with us or use our Platform, why we collect this Personal Data, and how we process that Personal Data to provide you with our services. You can access the Privacy Policy associated with our Platform to understand how we process and use your Personal Data.

Violation of terms of use / suspicious activity

If we believe that you have violated any of the conditions as mentioned under these Terms of Use, our Privacy Policy and other terms and conditions applicable to the Platform, Services or any agreements consented to while availing Services or the Platform, we reserve the right to suspend your access to the Services and/or Platform without prior notice to you.

Your use of the platform

You agree that:

  • Your use of the Platform shall not violate any applicable law or regulation.
  • Your use of the Platforms shall be only for personal purposes and no commercial activities.
  • All information you submit is truthful, complete and accurate and you agree to maintain it accurate, complete and up to date.
  • You are responsible for all the interactions that take place on the Platform.
  • You shall not indulge in decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with the Platform, including our copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
  • You shall not access or use the Platform in any manner that (i) may be harmful to the operation of the Platform or its content; (ii) may be unlawful; (iii) maybe harmful to us or to any other user of the Platform; (iv) may hinder the other user’s  enjoyment of the  Platform; or (v) to defraud other user, Joon or any other service provider.
  • You shall not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus, other harmful component, or malicious content, or otherwise impair or damage the Joon Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Joon Platform.
  • You shall not delete or modify any content of the Platform or Services.
  • Your use of the Platform shall indicate that you have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins, and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the Platform or Services. Please note that your continued use of the Platform following such Updates would mean deemed acceptance by you of the same.

Communication

You agree and allow us to contact you through telephone, email, SMS, or any other means of communication for the purpose of:

  • Providing information about Platform or Services.
  • Obtaining feedback in relation to the Platform or Services.
  • Obtaining feedback in relation to any other services listed on the Platform.
  • Resolving any complaints, information, or queries by you regarding the use of the Platform or your Content or your Personal Data.

You agree to provide full co-operation and correct and accurate information further to such communications made by us.

Automated push notifications may be sent to you if you opt for push notifications through your device level settings for our Platform. You may choose to disable the notifications/ opt out of receiving such notifications by modifying the settings in your device regarding the Platform.

By submitting suggestions or other feedback regarding the Platform or Services, you agree to allow us to use and share such feedback for any purpose without any compensation to you and we are under no obligation to keep such feedback confidential.

Analytics

We may use the information and data that you provide to us through the Platform to make recommendations for Services, features that may be of interest or be useful to you. We may use the Personal Data you have shared with us or the data that has been generated by your use of the Platform for analytics purposes. The analytics will enable us inter alia to understand and improve how users interact with our Platform, customize services for users, user behavior and quality of services provided through the Platform. 

We will also use Google Tag Manager for Google Analytics and Google Search Console services. The information collected by Google will be disclosed to or collected directly by them and they will use this information to evaluate our users' use of the services. To prevent Google Analytics from collecting or using your information, you may install the Google Analytics Opt-Out Browser add-on.

By keeping your information accurate and up to date, will enable us to make more accurate and relevant recommendations and updates from our Platform.

General

No joint venture, partnership, employment, or agency relationship exists between you, us or any third party as a result of the contract contained in these Terms. If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, we shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms (together with the Privacy Policy and any additional terms displayed in specific sections of the Platform) constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

We shall not be liable for any acts or omissions on the part of any third-party service providers including inter alia wrong delivery or communication of Services, quality, incorrect payments or failed payment transactions on a third-party payment gateway.

Force majeure

We shall not be responsible for any delays or defaults in the performance of its obligations due to any contingencies beyond its control. Such contingencies include but are not limited to losses caused directly or indirectly by exchange or market rulings, cyber security incidents, suspension of trading, fires, floods, civil commotions or riots, earthquakes, cyclones, tsunamis, wars, strikes, pandemics or health calamities, any terrorist actions, system failures, breakdown in internet links and any regulatory actions by the government.

Governing law and jurisdiction

The Platform and Services, all your interactions with the Platform, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that any claims arising out of the use of the information from the Platforms or services shall be governed by the laws of India and only the Courts in Gurugram, India and no other Courts, shall have jurisdiction over the same.

Termination

We may immediately, in our sole discretion, and without notice terminate these Terms or suspend your use of this Platform if you fail to comply with these Terms, the Privacy Policy or are in violation of any other agreement, laws or regulations.

Upon such termination you must immediately stop using the Platform and any outstanding payments or Services due to you shall be dealt with manually by your authorized personals.

Any termination of these Terms shall not affect the our right to any payments or fees that are due and payable by you.

This section along with the terms of the Privacy Policy will survive and remain in effect even if these Terms are terminated.

Assignment

You shall not transfer or assign any of your rights and obligations arising from these Terms.

You agree and acknowledge that we may assign or transfer our rights and obligations under these Terms in whole or in part, to (i) an acquirer of Joon or any other Joon entity or their respective equity interest, business or assets; or (iii) a successor entity resulting from any corporate action including mergers or demergers.

Severability

If any part of the provisions contained in these Terms are determined to be invalid, or unenforceable to any extent, such provision shall be severed from the remaining provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.

Support

We support and encourage all users to contact us for questions, concerns, or suggestions relating to our Terms and our Privacy Policy or practices involving the usage of data.

For any Service-related issues, you may first reach out to your authorized personnels via hello@thejoonshop.com.

In case you do not receive a satisfactory response from the chat support facility as the case maybe, you can escalate the matter to our Grievance Officer at hello@thejoonshop.com and we shall address your concern within as soon as possible.

Details of the Grievance Officer

Name –  Carma Donna
Grievance Officer,

Address – Villa 56, The Palm Springs, Sector 54, Golf Course Road, Gurgaon, Haryana 122011

Email address  – hello@thejoonshop.com

Time: Monday - Friday (09:00 a.m. to 19:00 p.m.)