Jazzberry Terms of Use

Welcome! This document is generated by an electronic system which contains an electronic record in terms of the Information Technology Act 2000. This record contains rules and regulations and terms and Uses for the official website of www.jazzberry.shop, which are published following the provisions of Rule 3 (1) of the Information Technology (intermediate guidelines) Rules, 2011.

When you use the website, you are to follow the Terms of Use of Jazzberry. Shifran Nazar Sait, proprietor of Jazzberry, owns the website domain name www.jazzberry.shop .

 

‘‘JAZZBERRY' (hereinafter referred to as the "said trademark") has been engaged in the business of "SKIN CARE, SKIN CARE LOTIONS, COSMETIC SKIN CARE LOTIONS, COSMETIC CREAMS FOR SKIN CARE, COSMETIC PREPARATIONS FOR SKIN CARE, SKIN CARE CREAMS, HAIR CARE CREAMS, HAIR CARE PREPARATIONS, COSMETIC PREPARATIONS FOR HAIR CARE, HAIR CARE LOTIONS, OIL BATHS FOR HAIR CARE FOR COSMETIC USE, HAIR CARE, COLOUR COSMETICS, COLOUR COSMETICS, COLOUR COSMETICS FOR CHILDREN," among various other goods/services (hereinafter referred to as the "said goods/services") under the trademark ‘JAZZBERRY’. The name and mark “JAZZBERRY” is the distinctive word and essential feature of our Jazzberry’s brand identity and trading style, and has come to be associated with the quality goods and services emanating from our client in the course of trade. We claim trademark rights over the trademark ‘JAZZBERRY' and have also obtained relevant registration under the Trade Marks Act, 1999, in relevant classes, through which Jazzberry has exclusive statutory rights over the mark ‘JAZZBERRY'.

 

The website www.jazzberry.shop, the app Jazzberry App and both the platforms’ contents, copy, products, services and tools are guided and governed by the Terms of Use, i.e. the Terms and Conditions by Shifran Nazar Sait, proprietor of Jazzberry, which means you are binding obligations with Jazzberry. BerryTunes is the official video channel owned by Jazzberry that is broadcast with full rights on the official website of Jazzberry and uploaded on YouTube platform, following all the content guidelines by YouTube. In the Terms of Use, the usage of the word “You” and/or “User” means a natural person or a legal person who has visited the official website and/or mobile app of Jazzberry and has agreed to become a buyer by providing the registration data and becoming a Registered User. The term “We”, “Us”, “Our” in the context of Terms of Use means the regulatory body of Jazzberry and Shifran Nazar Sait, proprietor of Jazzberry.

When you use any of the services or any products or tools provided by Jazzberry, that means you are subject to the guidelines, terms and conditions that apply to such products and services included under the Terms of Use. We, at our sole decision and discretion, can change, add, modify or remove portions or the whole of the Terms and Conditions, without any prior notice to the user. The user, i.e. you, has to view the Terms of Use from time to time to have a constant check on the changes made or any updates announced. Your use of the official website and/or mobile app of Jazzberry means that you accept and agree to the Terms and Conditions. This also implies that you have agreed and accepted the changes that have been made in the Terms of Use. You are granted personal, non-transferable, non-exclusive and limited privilege to enter, access and use the website as long as you comply with the Terms of Use.

Eligibility for Membership

Persons eligible to access the website are those who can form legally binding contracts under the Indian Contract Act, 1872. Under this contract, persons who are “incompetent to contract” include minors, undischarged insolvents, etc. A minor below the age of 18 years shall not register as a user of Jazzberry and shall not log in to BerryTunes. An 18-year-old or below shall not do the transaction on the website of Jazzberry. A minor’s parents or legal guardian can, however, do the transaction on behalf of him/her. Jazzberry and BerryTunes have the right to deny access to the website and terminate the registration or membership if it is discovered that the transaction has been done by a minor below the age of 18 years.

Services Offered

Jazzberry is a skincare and colour cosmetics brand, and its website is a branding and e-commerce platform where Jazzberry-owned goods, products and services are sold under various categories. BerryTunes is the official video channel owned by Jazzberry that is broadcast with full rights on the official website of Jazzberry and uploaded on the YouTube platform, following all the content guidelines by YouTube. The online shopping services enable us to buy these items, which are collectively called “Product” or “products”. The services like Offers and Rewards can be terminated. The products are also supervised and functional according to the Purchase Policy, Cancellation Policy, Return and Replacement Policy, FAQ and other terms and conditions available on the website. Moreover, there might be specific Terms of Use for specific products, which will be displayed along with the product. However, Jazzberry does not give a warranty that the product description of the product is accurate, reliable or error-free, as this information is always provided by the sellers. It assumes no liability in this regard.

 

Usage of the website

 

Prohibited Uses and Termination Policy

 

You are not allowed to use our products or services for any illegal or unauthorized activities. While using our services, you must comply with all applicable laws in your region, including but not limited to copyright laws. You are also prohibited from sending or spreading viruses, malware, or any harmful code. If you break or violate any of these Terms, we reserve the right to immediately terminate your access to our services.

 

General Conditions

We reserve the right to deny access to our services to any individual at any time, and for any reason, without prior notice. Please note that any content you submit (excluding credit card details) may be transmitted over various networks in an unencrypted form. It may also be adjusted to meet the technical standards of different systems or devices. However, rest assured that all credit card information is securely encrypted during its transmission across networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of our Service, the use of our Service, access to our Service, or any contact details made available through the website, unless you have obtained our express written consent.

We may modify or withdraw the website or any services or content offered on it at our sole discretion and without prior notice. We are not responsible if the website or any part of it becomes unavailable at any time or for any duration. Occasionally, we may restrict access, either fully or partially, to users, including those who are registered. Section titles and headings in this agreement are provided for convenience only and do not affect the meaning or scope of these Terms. As a user, you are responsible for making all necessary arrangements to access the website. Ensuring that anyone using your internet connection to access the website is aware of and complies with these Terms of Service.

Some features or sections of the website may require you to register or provide specific information. It is your responsibility to ensure that any information you submit is accurate, current, and complete. By using this site and submitting such information, you agree to our Privacy Policy and give consent to how we handle your data as described in that policy. If you are given or choose a username, password, or any other login credentials as part of our security measures, you must treat that information as confidential. You must not share it with anyone else. Your account is meant for personal use only, and you agree not to allow anyone else to access the website using your credentials. You agree to notify us immediately if you suspect unauthorized use of your account or a breach of security. Always make sure to log out of your account at the end of each session. If you're using a shared or public computer, take extra care to protect your login information from being viewed or recorded by others. We reserve the right to disable any user account, username, password, or other login credentials—whether created by you or provided by us—if we believe you have violated any part of these Terms of Service.

User access limitations

Jazzberry can authorize the access of user-generated content that can be of audio, visual, textual, or in any form from Jazzberry’s official website, Jazzberry app, BerryTunes, and other platforms where Jazzberry is selling its products and services directly.

The following pictures, texts, audio, video and contents of any and every form shall be refrained from uploading, displaying, hosting, and updating by all users and stakeholders:

1.      If the pictures, texts, and contents belong to Jazzberry, you have no right over them.

2.      If the pictures, texts, and contents about Jazzberry and BerryTunes are misleading

3.      If the pictures, texts, and contents about Jazzberry and BerryTunes are harassing, derogatory, pornographic, paedophilic, sexist, hateful, or directly or indirectly relate to anything unlawful in any manner, including the Indecent Representation of Women (Prohibition) Act, 1986.

4.      If it directly or indirectly harasses a person or a community.  

5.      If it promotes or encourages any criminal activities, illegal activities, threatening messages or abusive content.

6.      If it involves ‘junk mails’, ‘spamming’, ‘chain letters’, mass mailing, etc.

7.      If it infringes any third party’s rights, which include rights of privacy, rights of publicity, intellectual property rights, etc.

8.      If it contains images of another person(s)

9.      If it contains hidden pages, hidden images, password-only access pages etc.

10.  If it contains or promotes any unauthorized copy of other copyrighted work.

11.  If it refers to any website which to our sole discretion contains inappropriate contents, images and videos.

 

User/users may be considered fraudulent due to fraudulent activities if they are found to meet the following scenarios:

·         Users don’t produce adequate documents and information during the verification of payment details.

·         Users provide an invalid email address and phone number.

·         Users provide false email addresses and phone numbers.

·         Users refuse to pay for any order purchased

·         Users are not replying to the payment verification mail that’s been sent by Jazzberry.

 

Contents Posted on Website

 

Content here refers to the displayed texts, images, graphics, logos, trademarks, sounds, visual interfaces, music, and artwork. All the contents are from Jazzberry and BerryTunes and we have full control over our generated images, videos and contents. There are some user-generated content, such as influencer reviews, feedback, and we hold no control over third-party content that is generated.

 

You may access and download the product information, services and contents that are available on the website platform, provided that you:

·         Will not make any modifications to the content

·         Will not edit any content, images or videos

·         Will not claim any content, images and videos without informing Jazzberry

·         Should not be copied and posted on any social network or the internet, and shall also not be broadcast on any media platform.

·         Will not remove any proprietary notice language in all copies of the text, document and content.

·         Will not make any additional warranties regarding such content and documents.

 

Accuracy, timeline and completeness of information

 

We do not guarantee that the information available on this website is always accurate, complete, or up to date. The content provided is intended for general informational purposes only and should not be used as your only source for making decisions. Before relying on any material from this site, we recommend consulting original, more reliable, complete, or recent sources of information. Any use or reliance on the content found on this website is entirely at your own risk. We do not accept any responsibility or liability for the consequences of relying on such material, whether by you, other visitors, or anyone who may have received or interpreted the information shared here. Some content on this website may be contributed by third parties, such as other users, bloggers, licensors, syndicators, content aggregators, or news sources. The opinions and statements expressed in such materials belong solely to the respective authors or contributors. They do not necessarily represent our views, and we are not responsible for their accuracy or reliability. We are not liable for any content provided by third parties. Additionally, the website may include certain historical information. This type of content is not current and is provided strictly for reference purposes. We reserve the right to update, modify, or remove content from the website at any time. However, we are under no obligation to update any information. It is your responsibility to stay informed about any changes made to our website.

 

Privacy

 

Jazzberry ensures complete protection of your privacy. We understand the importance of the customers’ and users’ privacy of personal information shared with us. However, the information may be shared with our other corporate entities and affiliates. We process and store your personal information and information regarding payment and any sensitive information or data collected as defined under the Information Technology Act 2000 and Rules thereunder.

 

We may disclose the information only if required by law or when the disclosure is of utmost necessity for responding to court orders, subpoenas or other legal process.

 

Disclaimer of Warranties and Liability:

 

The products and contents available here on the platform are provided on an “as is” and “as available” basis with no representation or warranties implied except otherwise specified in writing. All the products sold on the website or platform are governed by state laws that differs in every state, and if the seller fails to deliver the products due to the implication of the different State Laws, the seller will return the amount or will give credit for the amount received in advance of the products that could not be delivered to you.

 

Stakeholder:

 

To be a stakeholder, you have to register with Jazzberry. After being a registered stakeholder, you have to abide by the policies and Terms of Use.

You must declare and ensure that the products and items you are associated with directly and/or indirectly that are listed for sale on our website do not infringe upon intellectual property, privacy rights of Jazzberry, privacy rights of third parties, trade secrets or other proprietary rights.

As bloggers, licensors, syndicators, content aggregators, or news sources, you must disclose the intention and operation with Jazzberry and its authority. No intentions, operations, promotions, or usage of Jazzberry products shall be done without prior disclosure and approval of Jazzberry.

Jazzberry has the right to delete the content listed in various categories on the website.

 

Trademark and Copyright:

 

‘‘JAZZBERRY' (hereinafter referred to as the "said trademark") has been engaged in the business of "skin care, skin care lotions, cosmetic skin care lotions, cosmetic creams for skin care, cosmetic preparations for skin care, skin care creams, hair care creams, hair care preparations, cosmetic preparations for hair care, hair care lotions, oil baths for hair care for cosmetic use, hair care, colour cosmetics, colour cosmetics, colour cosmetics for children," among various other goods/services (hereinafter referred to as the "said goods/services") under the trademark ‘JAZZBERRY’. The name and mark “JAZZBERRY” is the distinctive word and essential feature of our Jazzberry’s brand identity and trading style, and has come to be associated with the quality goods and services emanating from our client in the course of trade. We claim trademark rights over the trademark ‘JAZZBERRY' and have also obtained relevant registration under the Trade Marks Act, 1999, in relevant classes, through which Jazzberry has exclusive statutory rights over the mark ‘JAZZBERRY'.

 

The items and products sold on Jazzberry, including images, graphics, texts, contents, audio clips and video clips, are protected by copyrights, trademarks and other intellectual property rights.

All products are Jazzberry’s user-generated material and third-party user-generated materials that are controlled and operated by Jazzberry. You may access and download the product information, services and the contents that are available on the website platform, provided that you will not make any modifications to the content or you must not copy, reproduce, upload or distribute the materials in any way or any means without the consent of the owner, seller and authorities of the website, otherwise it will be considered the violation of copyrights, trademarks and other intellectual property rights. The products and content available on Jazzberry are solely for your personal and non-commercial use.

 

Limitation of Liability:

 

Jazzberry shall be in no way liable for any punitive, incidental, consequential or indirect damages due to:

 

·         Breach of condition during the delivery and after the purchase of the product

·         The use of services or products

·         The inability to use the services or products

·         The unauthorized access to or alteration of the user’s transmissions or data

 

Jazzberry shall not be responsible for the unavailability of the Jazzberry website and mobile application during any periodic maintenance operations or any unplanned suspension of access to Jazzberry. The Users must agree that any product or data, or content downloaded from Jazzberry is done at the users’ discretion and risk, and shall be solely responsible for any loss of data or any damage to their phone due to the download of data or content.

 

 

Termination:

 

Jazzberry has the right to terminate or suspend any service or your overall use of Jazzberry if it believes in its absolute discretion that you have violated, abused, infringed or exploited any terms of Service. The termination or suspension of account and usage of Jazzberry will also be executed if you use any false email address, provide any false information or use the website for any unlawful or fraudulent purpose. Jazzberry can also terminate the access of any user, buyer, website visitor or stakeholder from the official website of Jazzberry without prior notice.

 

 

Accuracy of billing and account Information

 

Jazzberry reserves the right to decline or cancel any order you place with us, at our sole discretion. We may also limit the number of items you can purchase per person, per household, or per order. These limits may apply to orders placed using the same customer account, credit card, or billing and/or shipping address. If we make changes to or cancel an order, we will try to notify you using the email address, billing address, or phone number you provided at the time of purchase. We also reserve the right to block or cancel orders that, in our opinion, seem to be placed by dealers, resellers, or distributors. You agree to provide accurate, complete, and up-to-date information for all purchases made through our store. If you register for an account, you must also ensure that your account details are correct and current. This includes promptly updating your contact information, payment details (such as credit card numbers and expiry dates), and any other necessary data to allow us to process your orders and reach you when needed. For further information, please refer to our Refund Policy.

 

Prohibited uses

 

You agree not to use our website or its content for any of the following activities:

 

·         Doing anything illegal or encouraging others to break the law

·         Violating any laws, rules, or regulations—whether local, national, or international

·         Infringing on our intellectual property rights or those of others

·         Harassing, abusing, threatening, insulting, harming, defaming, or discriminating against others based on gender, sexual orientation, religion, race, ethnicity, age, nationality, or disability

·         Providing false or misleading information

·         Uploading or sharing viruses, malware, or any harmful code that could damage or affect the website, other users, or the internet in general

·         Collecting or tracking the personal data of others without permission

·         Spamming, phishing, tricking users (pretexting), or scraping content from the site

·         Using the site for any obscene, offensive, or immoral purpose

·         Attempting to bypass or tamper with the security measures of our website or related platforms

If you engage in any of the activities listed above, we reserve the right to block your access to our website and services without prior notice.

 

Changes to services and pricing

 

We may update the prices of our products or services at Jazzberry’s official website and app and/or at any third-party platforms at any time without prior notice. Additionally, we reserve the right to change, pause, or discontinue any part of our services, including product availability or content, without notifying you in advance. We will not be held responsible to you or any third party for any price adjustments, service changes, suspensions, or discontinuation of the service.

 

Products or services (if applicable)

 

Some products or services may only be available for purchase online through our website and app, and/or at any third-party applications. These items may be available in limited quantities and are subject to our Refund Policy. We strive to present product images and colours as accurately as possible. However, we cannot guarantee that your device's screen will display these colours exactly as they appear in real life. We reserve the right—but are not obligated—to limit the sale of our products or services to specific individuals, regions, or jurisdictions. This may be decided on a case-by-case basis. We also reserve the right to limit quantities of any item or service we offer. All product descriptions and prices are subject to change at any time without notice, and we may discontinue any product or service at our sole discretion. Any product or service made available on this website is void where prohibited by law. We do not guarantee that the quality of any product, service, or information you purchase will meet your expectations, nor can we promise that any issues with the service will be corrected.

 

 

Optional tools

 

We at Jazzberry and BerryTunes may provide access to tools or features developed and maintained by third-party providers. Please note that we do not monitor, control, or influence these tools in any way. By using these tools, you acknowledge and agree that they are made available to you on an “as-is” and “as-available” basis, without any guarantees, endorsements, warranties, or conditions of any kind—either express or implied. We do not accept any liability for issues that may arise from your use of these optional third-party tools. Your decision to use any such tools is entirely voluntary and at your discretion. It is your responsibility to understand and agree to the terms and conditions set by the third-party provider(s) before using their services. In the future, we may introduce new features, services, or tools on our website. These additions will also be governed by these Terms of Service.

Indemnification

You agree to protect, defend, and not hold Jazzberry and BerryTunes —and our parent company, subsidiaries, partners, employees, directors, agents, contractors, service providers, suppliers, and affiliates—responsible for any claims, losses, or expenses (including reasonable legal fees) that come up because you violated these Terms of Service, broke any laws, or infringed on someone else’s rights. This also includes any issues that arise from content or actions connected to your use of our website or services.

 

Entire Agreement

If we don’t enforce any part of these Terms, it doesn’t mean we’re giving up our rights. These Terms of Service, along with any rules or policies posted on this site, make up the full agreement between you and us. They replace any previous conversations, emails, or agreements—whether spoken or written—about your use of our services. If there’s anything unclear in these Terms, it won’t be used unfairly against the party that wrote them.

Governing Law

These Terms of Service and any separate agreements we make with you for providing our services will be governed by the laws of India.

 

Changes to Terms of Service

You can always view the latest version of our Terms of Service on this page. We may update, modify, or replace any part of these Terms at our discretion by posting changes here on our website. It's your responsibility to check this page from time to time. If you keep using our site or services after we make changes, that means you accept those updates.

Disclaimer:

 

You consider, acknowledge the fact that you are accessing and visiting the website, the platform and the services on the platform. You also undertake that you are transacting at your own risk. We shall not be liable or responsible for any actions or inactions of sellers, nor any warranties by the sellers and manufacturers of the products. We also disclaim responsibility and any liability and warranties, or representations in respect of quality, accuracy, performance, fitness, or suitability of any product listed on the website.

 

Contact Information

If you have any questions about these Terms of Service, feel free to contact us at jazzberrycustomercare@gmail.com