Terms of Use

Activities Prohibited on the Platform
Jolene has zero tolerance towards use of its Platform or any part thereof for any illegal or unlawful purpose. Any such abuse or any suspicious or malicious activities by any User may result in forthwith restriction of your access to the Platform, User’s Account, and reporting of such activities to concerned regulatory and statutory authorities as required.
In connection with Your purchases and/or use of the Platform, You hereby agree that you will not:
- violate (or assist any other party in violating) these Terms, Privacy Policy, and any applicable law, statute, ordinance, or regulation;
- intentionally try to defraud (or assist in the defrauding of) the Platform or any other User;
- make any representations on behalf of the Platform;
- trade or purchase taking advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
- take any action that interferes with, intercepts, or expropriates any system, data, or information;
- partake in any transaction involving the proceeds of illegal activity;
- attempt to gain unauthorized access to other user accounts, the Platform, or any related networks or systems;
- use the Platform on behalf of any third party/person or otherwise act as an intermediary between the Platform and any third parties or acting for benefit of any third party;
- access or use the Platform for any benami transaction;
- access or use the Platform to engage in conduct that is detrimental to the Platform or to any other user or any other third party or the public at large;
- collect any user information from other users, including, without limitation, email addresses;
- access or use the Platform being provided by Jolene to violate public morale, any third party/ public interest or for any act being not permitted by the law of the land;
- duplicate, distribute, create derivative works of display or commercially exploit the Platform and/ or the Platform or any of its content, features or facilities, directly or indirectly, without Our prior written permission;
- modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interest in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties;
- defame, harass, or violate the privacy or intellectual property rights of the Platform, the Company or its officials, or any other user;
- upload, display or transmit any messages, photos, videos or other media that are illegal or unlawful, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a support request, or otherwise.
- Host, display, upload, modify, publish, transmit, store, update or share any information that,— (i) belongs to another person and to which the user does not have any right; (ii) is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (iii) is harmful to children; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (vii) impersonates another person; (viii) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; (ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; (x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
- In addition, You agree not to: a) use circumvention or obfuscating technologies to mask your IP addresses or to hide transaction details; b) create or circulate any technologies which violate, or which would facilitate other users to violate the terms hereof including for masking IP addresses or to obfuscate transaction details; c) misrepresent, misinform or misguide the Platform in any manner; d) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet.
- Jolene reserves the right to investigate and/or take appropriate action against You in Our sole discretion if You engage in prohibited or illegal or unlawful activities or violate any other provision of these Terms or otherwise create liability for Us or any other person or there is any reasonable suspicion or allegation or complaint from any legal / public / regulatory / statutory authority. Such action may include, in Our sole and absolute discretion, terminating Your User’s Account, reporting you to law enforcement authorities without providing any notice to You about any such report and confiscating any balance remaining in Your User’s
Account which has been terminated.

 

Store Credits

 Jolene may issue refunds in the form of store credits from time to time and these store credits may be utilized by you to make purchases from Airloom Lifestyle Private Limited only, whether through the Jolene online platforms or through our Jolene Store.

 The said store credits may be issued by us in the form of discount coupons, gift vouchers, discount codes or gift cards, as Jolene deems fit (hereinafter referred to as “Store Credit” / “Gift Card”).

 You understand and agree that: (i) The Score Credits / Gift Cards cannot be returned and may only be used by you for making purchase of clothes from us; (ii) The Store Credit / Gift Cards cannot be exchanged or redeemed for cash under any circumstance whatsoever nor can they be purchased by you; (iii) only exchange of item/s is permitted for purchases made by you using the Store Credits; (iv) the Store Credits / Gift Cards cannot be used on any other platform or to purchase goods / services from any other entity.

 Refund for purchases made using Store Credit is not permitted and may be considered only under exceptional circumstances post approval from Jolene. Any such refund shall also be in the form of Store Credit / new Gift Card and subject to these terms.

 The Store Credits (whether issued in the form of Gift Card/discount voucher or otherwise) shall expire after a period of 6 months.

 The Store Credit may can be redeemed by users against multiple orders if they have sufficient balance.

 These terms are subject to change at any time.

 

Special Offers

Discount coupons are proportionately applied to the items in your cart. In case of return of any item purchased using the coupon or discount offered by Jolene on purchases above the specified amount wherein the total order value due to such return falls below the threshold to get the discount, you shall be responsible to pay the entire non-discounted purchase price on the non-returned products to Jolene and Jolene shall refund monies for the returned items only after deduction and set-off of the entire discount availed by you for the order.

 

Licence and Access
- All intellectual property in or of the Platform belongs to or is licensed to Company. Company grants you a limited, non-transferable and revocable license to access and use the Platform or any part thereof, but not to download any material from it (other than page caching) or modify it, or any portion of it for commercial use. Any unauthorized access to the Platform (or any part thereof)
or any networks, servers, or computer systems connected to the Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform is not permitted.
- These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Platform, or any intellectual property rights owned by Company.
- This license is non-transferable and does not permit any resale or commercial use of the Platform or its contents; any downloading or copying of account information for the benefit of anyone; or any use of data mining, robots, or similar data gathering and extraction tools.
- The Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed, or otherwise exploited for any commercial purpose without express written consent of Company, as may be applicable.

- Any systematic retrieval of Company’s content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Company is prohibited.
- Any unauthorized use of the Platform shall terminate the permission or revoke the license granted by Company herein.
- Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Platform.

Third Party Materials and Services
Company may provide links to third party services (“Third Party Services”) and may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). You acknowledge and agree that Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or Third-Party Services.

"Jolene Paylater" powered by BharatX is a third party service offered by BharatX and its regulated lending partners. Before applying/using, please read the Terms and Conditions and Privacy Policy of BharatX: https://bharatx.tech/wp-content/uploads/2022/10/Terms-and-Conditions-for-AuroraX-PVT-Ltd-BharatX-Services-1.pdf

COMPANY DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICES, THIRD PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.

Privacy Policy:
Company’s use of your personal information is governed in accordance with the Privacy Policy available at https://jolene.club/pages/privacy-policy. The Privacy Policy forms an integral part of this Terms of Use. If you do not accept the Privacy Policy or any part thereof, please do not access or use the Platform.

Shipping Policy:

- We deliver in India only and all orders placed will be delivered within 7-15 days.

Disclaimer:
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ANYWHERE, THE PLATFORM, SERVICES AND MATERIALS OR ANY OTHER INFORMATION OR SERVICE PROVIDED BY THE PLATFORM IS PROVIDED ON “AS IS”, “ASAVAILABLE” BASIS, AND WITHOUT WARRANTY, REPRESENTATION OR INDEMNITY OF ANY KIND, EXPRESS, IMPLIED,
ORAL, WRITTEN, STATUTORY, OR OTHERWISE, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- INFRINGEMENT; OR FOR THE USE, SUFFICIENCY, RELIABILITY, TIMELINESS, QUALITY, SECURITY, SAFETY, SUITABILITY, AVAILABILITY, COMPLETENESS OR ACCURACY OF PLATFORM, SERVICES, MATERIALS OR ANY OTHER INFORMATION.
WE DO NOT GUARANTEE THAT YOUR USE OF THE PLATFORM OR SERVICES OR ANY PART THEREOF WILL ALWAYS BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE OR MEET YOUR REQUIREMENTS.

Limitation of Liability:
The Platform shall not be liable, and the User shall assume any and all risks and liability, in connection with any force majeure event, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, software or smart contract system bugs or weaknesses, earthquakes, storms or other nature-related events, blockages,
embargoes, riots, acts or orders of government, actions of the government, change of laws, introduction of new law, acts of terrorism or war, epidemic, pandemic, technological change, any actions or inactions of third parties and/or events experienced by third parties, e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties, and such other similar events which are beyond reasonable control of the Platform.
The User acknowledges that the Platform may engage the services of third party service providers in connection with the operation of the Platform or provision of Services, and agrees that the Platform shall not be liable to the User for any suspension, halt or interruption of the Platform, Service and/or the failure to execute any transaction on the Platform where such circumstances arise or result from any interruptions, errors, default or otherwise by any third party service providers of its services in connection with the operation of the Platform or provision of Services.
JOLENE, OR ITS AFFILIATED AND SUBSIDIARY COMPANIES AND EACH OF THEIR ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, ACT OF GOD, ACCIDENT, DELAY, OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY FAILURE OR DELAY, PERFORMANCE, NON-PERFORMANCE (INCLUDING WITHOUT LIMITATION
THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE PLATFORM), ANY DAMAGES TO OR VIRUSES THAT MAY INFECT MY COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF THE USER’S ACCESS TO THE PLATFORM OR ANY PART THEREOF, OR BY DOWNLOADING OF ANY CONTENT FROM THE PLATFORM.
The User will not hold Jolene or its affiliated and subsidiary companies or any of their directors, officers, employees, and agents liable from/for all claims, losses, damages, liabilities, expenses and causes of action arising out of the use of Platform by the User or purchase of any products through the Platform.
To the maximum extent permitted by law, the maximum liability of Jolene under these Terms of Use shall be limited to a maximum amount of INR. 1000/-.

Assignment; Entire Agreement; Waiver:
You acknowledge and agree that Jolene can freely assign these Terms of Use or any of its rights under these Terms of Use to any person / party without Your consent.

You shall however, not be entitled to assign Your User Account, in whole or in part, to another person (subject to the rights of inheritance of any legally entitled heirs of the User upon the User’s death) without the prior written approval of Jolene.
These Terms are not intended to confer upon any person, other than the parties hereto, any rights or remedies hereunder.
No waiver hereunder can be granted, except as explicitly agreed in writing by the parties. No failure to exercise and no delay in exercising, any right, power or privilege under these Terms shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege.

Termination and Suspension:
You can choose to close down Your User’s Account by choosing the relevant option on the Platform or by writing to support@jolene.club
We may, in appropriate circumstances and at our sole discretion, initiate the above actions for any reason, including without limitation, and in addition to the reasons as mentioned elsewhere in the Terms:
- Attempts to gain unauthorized access to the Platform/ Services or providing assistance to others’ attempting to do so;
- Usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities;
- Violations of these Terms of Use / Privacy Policy;
- Failure to pay or fraudulent payment for transactions;
- Unexpected operational difficulties; or
- Upon the request of law enforcement or other government agencies.

Indemnity
To the full extent permitted by applicable law, you hereby indemnify, defend and hold harmless the Platform, and its affiliates, officers, directors, partners, agents, employees, and suppliers against any losses, action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred from your use of the Platform and/or Service / Your User’s Account and/or from your violation of these
Terms, Privacy Policy, including but not limited to your violation of applicable laws while using the Platform and/or availing any services offered by the Platform including purchases or returns through the Platform.

Contact
If You have any questions relating to these Terms of Use, Your rights and obligations arising from these Terms of Use and/or Your use of the Platform and the service / products offered on the Platform, or any other matter please reach out to support@jolene.club

Governing Law and Jurisdiction:
These Terms of Use shall be governed and construed in accordance with the laws of India without giving effect to its principles of conflict of laws. The Parties agree to irrevocably submit to the exclusive jurisdiction of the courts situated in Bengaluru, Karnataka, India for the resolution of any disputes or differences arising from these Terms of Use.

Changes to the Terms of Use
Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for any updates/ changes. Your continued use of the Platform following the modification of these Terms will imply your acceptance of the revisions.

Severability
If any word, phrase, sentence, clause or provision of these Terms as applied to a party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of any other word, phrase, sentence, clause or provision of these Terms. If any provision of these Terms, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision, and/or to delete specific words or phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced.

Cumulative Remedies:
The rights and remedies of Jolene provided by these Terms are cumulative and the use of any one right or remedy shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the Platform may have under applicable law. 

Contact us:  

You can reach us at support@jolene.club

Address:

837, 11th Main, 4th Block, Koramangala, Bangalore 560034 

Ph: 9769000200

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