Date: 19th Nov 2020
Here you can find all the terms and conditions that we apply in order to perform our provided services at the highest level of our standards. If you're here, that means you're smart enough to read them carefully if you want to know fine details of our services.
Please read the following terms and conditions carefully. They contain important information about your rights and obligations, as well as limitations and exclusions that apply to your purchases.
JSBkart provides an online platform for customer to buy and stores to sell their goods not limited up to food, beverages and Tableware Silverware etc. These terms of service apply when you use the JSBkart mobile applications or website (collectively, Services). By using the Services, you automatically agree to the Terms of Service.
The JSBkart platform enables the exchange of services between individuals (User) who are willing to order on our platform from our JSBkart and their partners (Delivery Team & Shop Vendors) that are willing to collect and deliver the ordered goods. JSBkart however cannot supervise, monitor or takes responsibility for the activity of store employees.
By placing an order through the application or the website, the User confirms the accuracy of all the information he/she provides. Orders are confirmed to the User within the platform's interface. User may schedule the order for a selected time, date, week or month as per availability of service or can email to support@JSBkart.com if is there any change in address. No contractual relationship exists between User and JSBkart at the time of placing an order. JSBkart may decide for any reason whatsoever to not accept an order and to refuse to perform it.
The range and prices of Goods ordered may differ depending on the delivery location. User might be contacted by JSBkart to confirm the order if the total items in an order exceeds normal mean order volume. The User may not be able to alter or add items to the order once it has been confirmed as per the technical features provided by the Service but still the user can avail that service through live chat [if applicable]. Through live chat our service team will confirm the availability of the items or would recommend for a direct call to the user from the store staff and do the needful. A confirmed order is eligible for cancellation for a limited time period until the status turns to en-route as per the technical specifications of the Service. whether its Instant or Scheduled order for cancellation the user can get in touch with service team through live chat. Also, the user can have an option to cancel the order during in-substitution if the user is not satisfied with the substitutes.
The primary objective of JSBkart is to deliver all the products ordered in the right quantity and to a high-quality standard. User acknowledges that the Goods ordered are subject to stock availability and to human errors. JSBkart reserves the right to amend your order in whole or in part, at any time and without liability or compensation remove any item that is out of stock, damaged, spoiled, or unavailable for any other reason, to successfully complete your order. It's in our best intention to maintain the replaced item's price the same as per the brand you ordered but in case of a higher valued replacement, the price may increase. We do our best to ensure that all items shown on our website are available to order. If, however any product you order is out of stock or unavailable we may send you a push notification enabling you to select a substitute. If an item is not delivered, despite being billed, the amount in question will be credited to the User at a reasonable time after JSBkart becomes aware of this. No subsequent delivery is obligatory to be made, and the customer is not entitled to claim any further compensation. If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to the User. Please note that we will attempt to send the User push notification of substitute products in the event that selected products are unavailable, the User may reject these substitutes. Although we will always try to cater for your orders, an order of unusually large quantities of different or one product can only be fulfilled at the discretion of the Shop.
Goods ordered will be delivered directly to the delivery address specified by the User. Deliveries are performed either by the Shop personal delivery service, by a delivery partner, or by JSBkart delivery team, depending on the nature of the goods and the delivery location. Goods will be delivered to the front door of private residences (as far as accessible) and to the reception desk of business Users.
JSBkart endeavors to deliver Goods ordered within 1-2 weeks. But average delivery times are location dependent & pandemic dependent. The delivery times of stores are updated based on conditions and personnel availability. However, JSBkart does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of JSBkart control that may result in early or delayed deliveries. You agree that JSBkart shall not be liable for any deliveries made outside the expected delivery time frame.
The shop holds the responsibility to provide the user with the receipt upon delivery. If, for reasons beyond JSBkart control - such as an incorrect delivery address, the recipient's absence, lack of an access permit, bad weather conditions, or similar, it should prove impossible or possible only with great difficulty, to carry-out the delivery successfully, JSBkart is entitled to cancel the User's order. In this event, the User is not entitled to compensation or monetary of in kind, however; in case of online payment, the refund will be initiated by JSBkart at the soonest possible post the cancellation of the order, it is the responsibility of the bank to transfer the amount to the users account, which takes approximately 3-5 working days. Customer can cancel their order within 10-minutes after the successful payment online; refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45 days for the refund transfer to be completed.
JSBkart endeavors to provide you with accurate and up-to-date pricing, product availability and promotional information. Discrepancies are possible and you agree not to hold JSBkart liable in such instances. JSBkart is fully committed to matching the prices from the store on the app. The prices of some items can vary from store-to-store or location-to-location. Sometimes there can be slight price variations on some items but those prices are decided by both the partner managements. But during huge price variations we make sure to refund the extra amount.
All prices and service charges are quoted in the country's local currency where JSBkart is operating. In the countries where VAT is applicable the price of items displayed on the app and/or website will be including VAT. Delivery charges vary from store-to-store based on location and will be transparently and clearly mentioned in the final order confirmation screen and in the email that you will receive after you order. Where goods may be charged on weight or the basic price per unit charges are applies. The quantity of such goods actually delivered, and therefore the price charged, may differ from the quantity originally ordered. For pre-packed and price-labelled fresh delicious products, the applicable price is the one in force when the order is prepared. JSBkart reserve the right to change prices as to update them at any moment.
Refunds will be done based on the original payment method, within certain conditions:
- If wrong item delivered (item will be collected back OR cash/PC refund will be given)
- Items missing but paid (should provide invoice and picture as a proof)
- Bad quality items delivered (will be exchanged OR cash/PC refund will be given)
- Expired items (item will be collected back OR cash/PC refund will be given)
- Mistakenly overcharged for the items (cash refund OR PC refund will be given)
You can pay with cash, credit or debit card. The available payment options vary across stores as per their technical availability. Any dispute or claim arising out of or in connection with this website or application shall be governed and construed in accordance with the laws of UAE. United Arab of Emirates is our country of domicile.
Minors under the age of 18 shall are prohibited to register as a User of this website or application and are not allowed to transact or use them. If you make a payment for our products or services on our website or application, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and Merchant policies and rules.
The User can select which payment method is preferred. The payment methods available are Visa or MasterCard debit and credit cards will be accepted for payment. Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment. If for any reason the online payment transaction is declined, JSBkart is entitled to offer the User cash on delivery payment option or credit card reader on delivery where available. Refunds will be done only through the Original Mode of Payment.
We take care to update the food product section information in the Service regularly. In rare cases, the information may deviate from the details printed on the product packaging. In such an instance, the information on the packaging takes precedence. Because recipes may change anytime, we recommend that you regularly consult the ingredients list and allergy-related information on the packaging.
In the case of Handicraft, Tableware, Silver ware or clothes if delivered items are different or quantity miss match, the user should return them on the 2 working day within 48hrs from the delivery time.
In the case of food products if delivered items are different or quantity miss match, the user should return them on the same day with in 8hrs from the delivery time.
If the delivered quality is poor, the user can still return once they claim. But should not use them and claim to return the fresh ones as we'll be unable to judge and claim from the stores as well. For Frozen Items or Canned Food should be returned within the hour from the time of delivery. (item will be collected back OR cash/PC refund will be given) If items are unsealed or damaged by the user, it cannot be accepted for refund.
Given the current state of the technology, no guarantee can be given that data communication via the internet will be error-free and/or available at all times. JSBkart therefore accepts no liability in respect of the constant, uninterrupted availability of the online shop, nor for technical and electronic faults during sales transaction, in particular for any delay in processing or accepting orders. If you turn off in-app notifications or are unreachable for item substitution requests, JSBkart is not responsible for the differences between your order and the delivery.
Customer Service & Complaints
JSBkart Customer Service provides information regarding any questions, issues or complaints related to the JSBkart service. Users may contact JSBkart via e-mail (support@JSBkart.com) or send a message on the in-app chat. Missing items must be reported immediately on reception of the goods ordered, otherwise the order is considered to have been accepted by the user as being in perfect condition. Latent defects must be reported to JSBkart customer service immediately after they come to light, although in these cases there are limitations of error acknowledgement.
Data collected are treated as confidential and in good faith. When registration is made, your data is collected for business and marketing purposes in the form of personal information such as last name, first name, address, email address and phone number. In addition to data explicitly entered, information is gathered automatically from the log files when you access the Services interface. JSBkart makes a distinction between master data (e.g. IP address, time and date of access) and activity data (e.g. name of file accessed, paths clicked on). For statistical purposes, this data is anonymously assessed.
By using JSBkart services, you agree that neither JSBkart nor its affiliates or licensors are responsible for the fitness or conduct of any shop. neither JSBkart nor its affiliates or licensors will be liable for any claim, injury or damage arising in connection with the acts or omissions of any shop. in the event you have a dispute with any shop, you hereby release JSBkart and its officers, directors, employees, subsidiaries, affiliates, agents and representatives from any and all claims, liabilities, costs, including without limitation attorney's fees, loss or damage of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Use of customer support is entirely your responsibility. Changes are periodically made to the software applications and may be made at any time without notice to you. the support is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. JSBkart makes no warranties or representations about the accuracy or completeness of the content provided through the support or the content of any software applications linked to the JSBkart software applications. JSBkart assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the JSBkart software applications or the support; any unauthorized access to or use of JSBkart's secure servers and/or any and all personal information and/or financial information therein. JSBkart does not warrant that the software applications will operate error-free or that the software applications and its server are free of computer viruses and other harmful goods. If your use of the software applications results in the need for servicing or replacing equipment or data, JSBkart shall not be responsible for those costs. JSBkart, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including without limitation the warranty of merchantability, non-infringement of third-party rights and the warranty of fitness for a particular purpose. JSBkart makes no warranties about the accuracy, reliability, completeness or timeliness of the content, services, support, software, text, graphics or links. JSBkart and its partners and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
Limitation of Liability
You agree that JSBkart shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of or in connection with your use of the support; the liability or fitness of any customer in connection with the performance of or browsing in the software applications or your links to other software applications from this software applications, even if JSBkart has been advised of the possibility of such damages. You further agree that JSBkart shall not be liable for any damages arising from interruption, suspension or termination of services, including without limitation any direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. in no event shall JSBkart's total liability to you for any losses arising hereunder exceed the amounts paid by you to JSBkart hereunder. Some jurisdictions do not allow the limitation or exclusion of warranties or of liability for incidental or consequential damages so some of the above limitations may not apply to you. Should a jurisdiction be averse to a limitation or exclusion of warranties, such provision shall be deemed severable from this agreement and the other provisions shall remain in full force and effect.
No waiver of any rights or remedies by JSBkart shall be effective unless made in writing and signed by an authorized representative of JSBkart. A failure by JSBkart to exercise or enforce any rights conferred upon us by Terms of Service shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
You agree to defend, indemnify and hold harmless JSBkart and its officers, directors, employees, agents and affiliates (each, an Indemnified Party), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Software Applications or from any breach by you of Terms of Service, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. JSBkart shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.
At its sole discretion, JSBkart may modify or discontinue Service, or may modify, suspend or terminate your access to Service or the Support, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to Service or the Support, JSBkart reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Support is terminated, your Account will remain enforceable against you. You may terminate Account at any time, however JSBkart do not guarantee its termination due to technical availability. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of Account.
The parties shall first attempt to resolve any dispute related to this Agreement in an amicable manner by mediation with a mutually acceptable mediator. If unable to agree upon an acceptable mediator, either party may ask a mutually agreed upon mediation service to appoint a neutral mediator, and the mediation shall be conducted under the Commercial Mediation Rules of the mutually acceptable mediation service. Any disputes remaining unresolved after mediation shall be settled by binding arbitration conducted in Abu-Dhabi/Dubai, UAE utilizing a mutually agreed arbitrator or arbitration service. The arbitration shall be conducted under the Commercial Arbitration Rules of the mutually agreed arbitrator or arbitration service. Both parties shall be entitled in any arbitration to conduct reasonable discovery, including document production and a reasonable number of depositions not to exceed five per party. The prevailing party shall be entitled to recover its costs and reasonable attorney's fees, as determined by the arbitrator. The arbitrator shall be required to follow the law.
This Agreement is governed by the laws of the country where JSBkart services are available, the courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts. Without regards to its conflict of laws principles. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Any offer for any product, feature, service or application made on this Software Applications is void where prohibited.
JSBkart reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Software Applications or the Support following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Contact us If you have any comments or questions, please do not hesitate to reach out to us at info@JSBkart.com