The terms and conditions as set out herein ("Terms") constitute an agreement between Jilaba Software Services Pvt. Ltd. ("Jilaba", "we", "us" or "our"), which operates the Jilaba Portal (defined below) and a natural or legal person who accesses and/or uses Jilaba Portal in any manner ("you" or "your") or uses any current or future service or functionality or offer made available on Jilaba Portal ("Service(s)"), as updated from time to time.
By using the Jilaba Portal, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please do not use the Jilaba Portal. If you have any questions about the terms, please contact at support@jilaba.com. Please note that your access to the Services, platforms or utilisation of Products (defined below), offers or promotions in relation to the Products/Services as may be provided by Jilaba or its affiliates, may be governed by other terms and conditions, policies or guidelines ("Additional Terms") along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product. These Terms govern your use of the Jilaba Portal and transaction or dealings thereon.
(a) "Jilaba Portal" means www.jilaba.com , which include its corresponding Software Application, Web based applications and Mobile application/wallet/ website/tablet/desktop or any other digital mode and/or Front-End technology as provided by Jilaba, on which you may avail the Services and includes applications controlled and managed by Jilaba which interact with one or more such mobile applications/ wallets/ websites/ tablets and digital modes as provided by Jilaba;
(b) "Products" shall mean the variety of products offered for sale to you on the Jilaba Portal which include Software Applications developed in various software languages and platforms, Web based Applications and Mobile based Applications; and
(c) “Services” shall mean the variety of services offered at a cost to you on the Jilaba Portal which include Specific Project Cost, Annual Maintenance Charges, On Site support, Remote Support or Consultancy Support, and
(d) Jilaba and you are hereinafter individually referred to as "Party" and collectively as "Parties".
These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of the Jilaba Portal and for purchase of Products/Services thereof.
The terms and conditions for usage of the Jilaba Portal as set out herein ("Terms of Use") specifically govern your access and use of the Jilaba Portal, which provides a forum for you to inter alia enable you to discover, select and buy Products listed on Jilaba Portal at any time from the serviceable locations serviceable by Jilaba.
Please note that we may from time to time change the Terms of Use that govern your use of the Jilaba Portal. Every time you wish to use our Jilaba Portal, please check these Terms of Use to ensure you understand the terms and conditions that apply at that time. Further, please note that Jilaba reserves its right to either change the format and the content of the Jilaba Portal or it may suspend the operation of the Jilaba Portal for support or maintenance work, in order to update the content or for any other reason, at any time.
Any accessing, browsing, or otherwise using the Jilaba Portal indicates your agreement to these Terms of Use, the privacy policy of Jilaba Portal and any other policies or guidelines that may be applicable on the Jilaba Portal at the time of your access and usage of the Jilaba Portal and which may be updated from time to time (collectively, the "Agreement").
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. In case you are below 18 years of age, you may access and use the Jilaba Portal only if enabled by a parent or legal guardian. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
In order to purchase Products on the Jilaba Portal and/or avail the Services, you will have to register on the Jilaba Portal. Registration is a one-time process. You will be eligible to further access and avail the Services only upon receipt of a confirmation e-mail from us after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration.
You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Jilaba Portal and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
You will: (a) immediately inform Jilaba of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. Jilaba, its employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to Jilaba or any other user due to unauthorized use of their account. We reserve the right to refuse access to the Jilaba Portal, terminate accounts, remove or edit content at any time without notice to you.
By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by you. By accessing and using the Jilaba Portal and/or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
You can unsubscribe/opt-out from receiving marketing/promotional communications, newsletters and other notifications from Jilaba at any time by following the instructions set out in such communications.
Jilaba will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter "Information") provided as part of this Jilaba Portal is correct at the time of inclusion on the Jilaba Portal.
You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to placing your order or use or in connection with the making of any decision. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
To help you in identifying the Products of your choice, description of the Products is provided on Jilaba Portal by Jilaba through photographs, videos, charts, screenshots, info-graphics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance of the Products when delivered may differ for various reasons.
Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and Jilaba makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. Jilaba does not covenant or provide any representations and warranties: (a) in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on Jilaba Portal; (b) that the Services will be made available at all times; and that the operation of Jilaba Portal, including the functions contained in any content, information and materials on Jilaba Portal or any third-party sites or services linked to Jilaba Portal will be uninterrupted, or that the defects will be rectified, or that Jilaba Portal or the servers that make such content, information and materials available are free of viruses or other harmful components.
This Jilaba portal and the services are provided to you on an "as is" and "where-is" basis, without any representations or warranties. Jilaba, for itself and any third-party providing materials, services, or content to this website, makes no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, with respect to the Jilaba portal, the information or any products or services to which the information refers. Jilaba will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if Jilaba has previously been advised of the possibility of such damages.
Jilaba Disclaimer - To the extent permitted by applicable law, Jilaba, its officers, agents, employees and directors, disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Jilaba Portal.
Jilaba controls and operates this Jilaba Portal from India and makes no representation that the materials and the content available on the Jilaba Portal are appropriate to be used or will be available for use in other locations outside India. If you use this Jilaba Portal from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
Information that Jilaba publishes on the worldwide web may contain references or cross references to Jilaba Products, programs and Services that are not announced or available in your country. Such references do not imply that Jilaba intends to announce such Products, programs or Services in your country. Consult your local Jilaba business contact for information regarding the Products, programs and Services that may be available to you.
In your use of Jilaba Portal, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Jilaba Portal or access any other third-party website linked to the Jilaba Portal. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Jilaba has no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
The Jilaba Portal contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights ("Jilaba Content"). All copyright and other intellectual property rights in the Jilaba Content are either owned by Jilaba or have been licensed to Jilaba by the owner(s) of those rights so that it can use the Jilaba Content as part of Jilaba. Jilaba retains copyright on all Information, including text, graphics and sound and all trademarks displayed on the Jilaba Portal are either owned by or licensed to Jilaba.
You may use and display the Jilaba Content only on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license issued to you by Jilaba when you register on the Jilaba Portal, only for identifying Products and Services, carrying out purchases of Products and processing returns and refunds in accordance with the Return and Refund Policy of Jilaba and for using and printing copies of the information on the Jilaba Portal for your personal use and store the files on your computer for personal use only and not for business purposes.
You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any Jilaba Content contained in the Jilaba Portal. These restrictions apply in relation to all or part of the Jilaba Content available on the Jilaba Portal; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the Jilaba Portal or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from Jilaba Portal; or (e) link any other material to the Jilaba Portal, without our express written consent.
The license granted to you does not include a license for: (a) resale of Products or commercial use of the Jilaba Portal or Jilaba Content, (b) any collection and use of product listings, description, or prices, (c) any use of Jilaba Portal, the Services and/or of Jilaba Content other than as contemplated in these Terms of Use, (d) any downloading or copying of login credentials of user, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of Jilaba Portal, and (e) creating and/ or publishing your own database that features parts of the Jilaba Portal.
All the trade names associated with Jilaba and all Products and logos denoted with TM are trademarks or registered trademarks of Jilaba or its affiliates. Jilaba trademarks may not be used in connection with any product or service that is not a Jilaba product or service.
You agree that Jilaba does not routinely monitor your postings on Jilaba Portal but reserves the right to do so. However, if Jilaba becomes aware of inappropriate use of the Jilaba Portal or any of its Services, Jilaba will respond in any way that, in its sole discretion, Jilaba deems appropriate. You acknowledge that Jilaba will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, Jilaba will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
Submissions and unauthorised use of any materials contained on the Jilaba Portal may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold Jilaba and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Jilaba Portal or the use of the Jilaba Portal by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
Jilaba reserves the right to terminate access to this Jilaba Portal at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials.
You represent and warrant that: (a) your use of Jilaba Portal and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to Jilaba in connection with Jilaba Portal and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, Jilaba will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify Jilaba and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
You will use Jilaba Portal for lawful purposes only and will not undertake any activity that is harmful to Jilaba Portal or its content or otherwise not envisaged through the Jilaba Portal. You have a limited license to access and use Jilaba Portal, solely for the purpose of availing the Services, subject to these Terms of Use.
Delete or modify any content on Jilaba Portal, such as any information regarding the Services, their performance or sales;
Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Jilaba Portal;
Make false or malicious statements against the Services, Jilaba Portal or Jilaba;
Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Jilaba Portal and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of Jilaba Portal and/or the Services;
Introduce any trojans, viruses, any other malicious software, any bots or scrape Jilaba Portal for any information;
Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
Hack into or introduce malicious software of any kind onto Jilaba Portal;
Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
Engage in any form of antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling,", "phishing" and "griefing" as those terms are commonly understood and used on the internet.
You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Jilaba Portal, any information that:
belongs to another person and to which you do not have any right;
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
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;
impersonates or defames another person; or
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
You agree to indemnify, defend and hold harmless Jilaba, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Jilaba Portal or the Services, violation of these Terms of Use, or infringement of any intellectual property or other rights of Jilaba or any third-party. Jilaba will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide Jilaba with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
Applicable Law and Jurisdiction: These Terms of Use are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the Jilaba Portal whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Chennai, India for the resolution of all such disputes.
In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with Jilaba hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to the grievance officer of Jilaba at the below mentioned coordinates:
Designation : Grievance officer
Email Address: support@jilaba.com
Postal Address:
Jilaba Software Solutions Private Limited, 1/120A Valleeswaran Kovil Street, Manappakkam, Chennai 600125 Tamil Nadu India..
Registered Office:
Jilaba Software Solutions Private Limited, 1/120A Valleeswaran Kovil Street, Manappakkam, Chennai 600125 Tamil Nadu India..
Jilaba will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Jilaba's reasonable control.
No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Jilaba. Any consent by Jilaba to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on Jilaba Portal. You relationship with the Jilaba Portal will be governed by the most current version of these Terms of Use, as published on Jilaba Portal.
In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that Jilaba will not be liable for any transaction between itself and any such third parties. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by Jilaba, for the use of Jilaba Portal, and the rights and liabilities with respect to any Services to be provided by Jilaba shall be limited to the scope of these Terms of Use.
Designation: Nodal Officer
Email Id: support@jilaba.com
The terms and conditions of sale as set out herein ("Terms of Sale") constitute an agreement between Jilaba and you and govern the terms and conditions on which you purchase your Products or Services from us on or through the Jilaba Portal. By placing an order for any Product or Services with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale. These Terms of Sale are in addition to the Agreements. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Listing and display of a Product or Services by us on Jilaba Portal is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on Jilaba Portal by you is your offer to buy the Product(s) or Services from us.
Once you have placed an order with us for purchase of a Product or Services, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation"). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your order.
We only accept your order and conclude the contract of sale for a Product or Services ordered by you, when the Product is installed to you and an e-mail confirmation is sent to you that the Product has been installed to you (the "Installation Confirmation"). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Installation Confirmation to you.
Your contract is with us and you confirm that the Product(s) or Services ordered by you are purchased for your internal/personal purpose and not for re-sale.
You can cancel your order for a Product at no cost at any time before we send the Installation Confirmation relating to that Product.
All orders placed on Jilaba Portal are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.
Please review the Returns Policy and Refund Policy of Jilaba Portal, which applies to Products/Services sold by us.
We list availability information for the Products on the relevant webpage of Jilaba Portal. Beyond what we say on that webpage or otherwise on Jilaba Portal, we cannot be more specific about availability. As we process your order, you will be informed by e-mail if any Products you order turn out to be unavailable or not possible to install.
You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products/Services from us and you agree to bear any and all applicable taxes.
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use Jilaba Portal and place an order with us. If you are a minor i.e. under the age of 18 years, you may purchase the Product on Jilaba Portal only with the involvement of a parent or guardian.
In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will 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 a contract for the sale of Product by us to you was formed.
We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Chennai
In addition to these Terms of Sale, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use.
These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.