Terms of service

TERMS & CONDITIONS

This Terms of Use agreement was last updated and effective as of : 31 July 2023.

ESESEM Enterprises ("ESESEM") , registered under the Karnataka Shops and Commercial Establishments Act of 1961 with license registration number 42/24/S/0170/2017, operates as the owner and operator of Saajha, an online jewelry and handicraft brand. Saajha offers a range of imitation jewelry and handicraft products through its mobile app, Saajha, and the website located at www.saajhafashion.com ("WebSite"). The registered office of ESESEM is situated at 432/1 5th Main Road 2nd Block 1st Stage HBR Layout, Bangalore, Karnataka, India.

The section headings in the Terms and Conditions are for convenience only and have no legal or contractual effect

The terms "We" / "Us" / "Our"/”Company” individually and collectively refer to ESESEM and the terms "Visitor” ”User” refer to the users.

This page states the Terms and Conditions under which you (Visitor) may visit this website. Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.

PRIVACY POLICY

ESESEM has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.

The Privacy Policy is located at: “Privacy Policy” Page on the Website.

ACCEPTABLE WEBSITE USE

(A) Free Registration to the Saajha WebSite

Use of the Website is available only to companies and individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we, at our discretion, believe that you are under the age of 18 or that you are not complying with any provisions of these Terms of Use, applicable laws, rules or regulations.

You need not register with Saajha to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account ("Account"). To create an account, you must submit your name, mobile number and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Saajha in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password").

You are solely responsible for safeguarding your Saajha password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify ESESEM immediately at support@esesem.com of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another`s Account without ESESEM permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.

You hereby expressly acknowledge and agree that you yourself and ESESEM will not be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of ESESEM or others due to such unauthorized use.

An Account holder is referred to herein as a "Registered User."

(B) Purchasing merchandise on website

Registered users have the ability to browse and purchase merchandise on the website platform. ESESEM will accept the orders and facilitate the delivery of the merchandise. The website provides features for users to track their bookings, modify delivery, review and rate products. Payments for purchases can be made on the website using any of the payment methods listed. Additionally, users have the option to pay cash on delivery. The website also allows for order cancellations.

As a user in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user or a Vendor. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Vendor or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Vendor or a Service User from leaving Feedback.

ESESEM, in its sole discretion, may take any of the following actions: (i) cancel or remove your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account
Reporting Inappropriate Use of Feedback. You may contact ESESEM regarding any inappropriate use of Feedback via-email at support@esesem.com.

ESESEM does not and cannot review every Posting posted to the Website. These prohibitions do not require ESESEM to monitor or remove any Postings or other information submitted by you or any other user.

(D) Prohibition with respect to services

While using the Website or booking service through Website, you shall not:

post content or items in any inappropriate category or areas on the Website;
violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
fail to make payment for Services booked by you, unless the Vendor has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Vendor identity;
fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User`s identity; manipulate the price of any Service or interfere with other users` Postings;
circumvent or manipulate our fee structure, the billing process, or fees owed to ESESEM; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);
take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);

commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Vendor`s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Saajha in connection with the use or purchase of any Service.

(B) Security Rules

Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(C) General Rules

Visitors may not use the Website in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

INDEMNITY

The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees, partners, vendors and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of WebSite or their breach of the terms .

LIABILITY

User agrees that neither ESESEM nor its group companies, directors, officers, vendors, partners or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user`s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if ESESEM has been advised of the possibility of such damages.

User further agrees that ESESEM shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

User agrees that ESESEM shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company`s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to ESESEM, if any, that is related to the cause of action.

SUGGESTIONS

If you send or transmit any communications, comments, questions, suggestions, or related materials to Saajha, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Saajha is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Saajha is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.

COPYRIGHT

ESESEM has high regard for intellectual property and expects the same level of standard to be employed by its users. ESESEM may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at support@esesem.com

(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;

(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit ESESEM to locate the material.;

(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;

(iv) information reasonably sufficient to permit ESESEM to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and

(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."

Only the intellectual property rights owner is permitted to report potentially infringing items through Saajha reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

TERMINATION

ESESEM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Saajha shall not be liable to you or to any third party for any modification, suspension or discontinuance of services.

You may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under "Account Preferences" to "Deactivate Account."

You agree to indemnify and hold ESESEM , and its officers, managers, members, affiliates, successor, assigns, directors, agents, Vendors, suppliers, and employees harmless from any claim or demand, including reasonable attorneys` fees and court costs, made by any third party due to or arising out of the Termination of Service.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Saajha. Other trademarks, names and logos on this Website are the property of their respective owners.

Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Saajha reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.

The Website contains ESESEM Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and Saajha owns and retains all rights in the ESESEM Data and Marks. Subject to these Terms of Use, ESESEM hereby grants you a limited, revocable, nontransferable, non-sub licensable license to reproduce and display the ESESEM Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website.

The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

PAYMENTS

Users agree to pay the listed amount while ordering for a products on the WebSite through the available payment options on the WebSite or Cash on delivery

TAXES

The pricing of all products listed on the WebSite includes applicable taxes, which the customer agrees to pay. For the sake of transparency, the checkout page will provide a breakdown of the item value and taxes. ESESEM is a registered entity with a GST Number 29AFAPN5286J1ZZ and is authorized to collect the applicable taxes for the products sold on the Saajha platform.

REFUND POLICY

Please refer to the Exchange and Refund Policy Document on the Website

DISPUTE RESOLUTION

In the event of a dispute between you and ESESEM, our objective is to offer you a fair and cost-effective method to resolve the issue promptly. Therefore, both parties agree that any claim or controversy arising from the Terms of Use or the Website, whether legal or equitable, will be addressed. Prior to initiating a formal lawsuit, we strongly encourage you to reach out to us directly for resolution by contacting us via email at support@esesem.com. The dispute will be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

1. GOVERNING LAW AND JURISDICTION

The Terms of Use shall be governed by the laws of India. Any legal proceedings arising out of this Agreement will be exclusively held in the courts of Bangalore, India.

Aspects of the Website and other Saajha services may be supported by advertising revenue. As such, Saajha may display advertisements and promotions on the service. The manner, mode and extent of advertising by Saajha on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Saajha of any advertised products or services. You agree that Saajha shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.

Q. Third-party Links, Contact Forms and Phone Numbers

The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. Certain areas of the Website may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Website to be shared with your contacts in your third-party site account. Because Saajha has no control over such sites and resources, you acknowledge and agree that Saajha is not responsible not liable for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be Saajha endorsement of such third-party sites or any product or service offered through them.. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

DISCLAIMER

You agree that your use of the Website shall be at your own risk. To the fullest extent permitted by law, and Saajha and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, Vendors, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website, the services offered on or through this website, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website, including without limitation the materials, data and submitted content of other users of this site or other third parties. unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website, the services offered on or through this website, data, materials, submitted content, and any information or material contained or presented on this website is provided to you on an "as is," "as available" and "whereis" basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. ESESEM does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or service user or Vendor, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the website or submitted content posted, emailed, transmitted, or otherwise made available via the website.

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