These Terms of Use are applicable to your access to and use of the websites, applications, and other online services operated by Joyclove Enterprise Private Limited (“Joyclove,” “JC,” “JEPL,” “our,” “us,” or “we”), including, but not limited to, https://www.joyclove.com that link to or incorporate these Terms of Use (the “Website/Online Services”), and constitute a legal agreement between you and Joyclove Enterprise Private Limited. Your access to and use of the Website/Online Services and the information and materials available through the Website/Online Services are subject to these Terms of Use, regardless of whether you possess an account through the Website/Online Services linked to your or your employees’ or other end users’ names and/or contact information (“Account”). By accessing or using the Website/Online Services, you acknowledge that you understand and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations when using the Website/Online Services. If you do not understand or agree to be bound by these Terms of Use, do not access, use, or create an Account for any of the Website/Online Services.

(A) SOCIAL MEDIA FEATURES

Joyclove’s Website/Online Services may use social media features, such as ‘like’ or ‘share’ buttons (collectively, “Social Media Services”). Social Media Services may collect IP address, visited page details, and set a cookie or pixel to enable the feature to function properly. Social Media Services are either hosted by a third party or hosted directly on Joyclove’s Website/Online Services. Your interactions with these features are governed by the privacy policy of the company providing the relevant Social Media Service.

Other content you post, or any other type of personal information that you make available to other participants on these social platforms or applications, is not subject to this Terms of Use. Rather, such content is subject to the terms of use of those applications or platforms, and any additional guidelines and privacy information provided in relation to their use, as well as the process by which you can remove your content from such tools or get help to do so. Please refer to them to better understand yours, Joyclove’s, and other parties’ rights and obligations with regard to such content.

(B) ACCEPTANCE OF TERMS

By accessing and using the Joyclove Enterprise website (“the Website”), you agree to comply with and be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the Website.

(C) USE OF THE WEBSITE

C.1. Eligibility 

You must be of legal age and have the legal capacity to enter into agreements to use this Website.

C.2. Accuracy Of Content

You acknowledge that Joyclove Enterprise Private Limited has no duty or obligation to keep any Content on the Website/Online Services accurate, current, or complete and agree that your reliance on any such Content is at your own risk. Although Joyclove Enterprise Private Limited makes best efforts to maintain the accuracy of the Website/Online Services, it does not represent or warrant that they are error-free.

Information that Joyclove Enterprise Private Limited publishes on the Website/Online Services may contain references to Joyclove Enterprise Private Limited products, programs, and services that are not advertised or offered in your country. You acknowledge and agree that such references do not imply that Joyclove intends to offer such products, programs, or services in your country. Consult your local Joyclove Enterprise Private Limited business contact for information regarding the products, programs, and services that are available to you.

C.3. Prohibited Activities 

You agree to comply with all laws and regulations applicable to your use of the Website/Online Services. You agree not to publish, post, upload, distribute or otherwise make available any User-Provided Content:

• containing a solicitation of funds, a promotion, an advertisement, a solicitation to purchase goods or services, a solicitation of other users to use, join, or become a member of any commercial service or other organization, or any other commercial matter, unless the Website/Online Service at issue specifically allows such User-Provided Content;
• that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• that is known by you to be false, inaccurate, or misleading or that is in our sole discretion harmful, threatening, abusive, inappropriate, profane, defamatory, vulgar, libelous, obscene, obscene as to minors, pornographic, racist, lewd, lascivious, filthy, excessively violent, harassing, indecent, unlawful, invasive of another’s privacy, or otherwise objectionable;
• that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
• that contains software viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• abide by policies of third party channels and social media properties where Joyclove Enterprise Private Limited maintains a branded presence.

In addition, you agree not to:

• defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted in connection with the Website/Online Services;
• create a false identity or create an Account for anyone other than yourself without permission;
• install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device;
• take any action that interferes with the proper working of the Website/Online Services, compromises the security of the Website/Online Services, or otherwise damages the Website/Online Services or any materials and information available through the Website/Online Services or violates any code of conduct or other guidelines which may be applicable for any particular Website/Online Service;
• attempt to gain unauthorized access to any portion or feature of the Website/Online Services, to any other systems or networks connected to the Website/Online Services, to any of our servers, or to any of the services offered on or through the Website/Online Services, including, but not limited to, by hacking, password “mining”, or any other unauthorized means;
• probe, scan, or test the vulnerability of the Website/Online Services or any network connected to the Website/Online Services or bypass the authentication measures on the Website/Online Services or any network connected to the Website/Online Services;
• use any automated means to collect information or content from or otherwise access the Website/Online Services, including, but not limited to, through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
• falsify, delete, or modify any copyright management information or other program markings or notice of Joyclove’s proprietary rights, such as author attributions, legal notices, proprietary designations, or labels of the origin or other material contained in a file that is uploaded to the Website/Online Services;
• harvest or otherwise collect and store information about other users of the Website/Online Services, including email addresses; or

Any materials uploaded to the Website/Online Services may be subject to posted limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you wish to use, reproduce, or disseminate the materials.

(D) PRIVACY

Our website privacy statement (“Privacy Statement”) is a part of these Terms of Use and is incorporated herein by this reference. By accepting these Terms of Use you agree to our collection, use, and disclosure of your information as described in the Privacy Statement.

Click “Privacy Policy” to view the Privacy Statement.

(E) INTELLECTUAL PROPERTY

E.1. Ownership

All content, trademarks, logos, and intellectual property on the Website are the property of Joyclove Enterprise Private Limited or its licensors and are protected by copyright and trademark laws.

E.2. Use of Content 

You may not use the content on the Website for personal, non-commercial purposes as well. Any other use without prior written consent from Joyclove Enterprise Private Limited is strictly prohibited and will be prosecuted by law.

(F) DISCLAIMER

Joyclove Enterprise Private Limited provides the Website on an “as-is” and “as available” basis. We make no representations or warranties regarding the accuracy, reliability, or availability of the Website. Your use of the Website is at your own risk.

(G) LIMITATION OF LIABILITY

To the fullest extent permitted by law, Joyclove Enterprise Private Limited shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Website.

(H) GOVERNING LAW & JURISDICTION

You agree that all matters relating to your access to, and use of, the Website/Online Services shall be governed by Indian Law and the laws of the state of West Bengal, India, without reference to conflict of laws principles. All disputes arising under, out of, or in any way connected with these Terms of Use or your use of the Website/Online Services shall be litigated in the courts in Kolkata, West Bengal, India and you hereby submit to the personal jurisdiction of said courts and consent to the service of process, pleadings, and notices in connection with any and all actions initiated in said courts. You and Joyclove agree to submit to the jurisdiction of, and agree that venue is proper in these courts in any such action or proceeding, and that a final judgment in any such action or proceeding shall be conclusive and binding and may be enforced in any other jurisdictions. 

If you are a consumer based in the European Union, this preceding provision does not apply and you may make a claim in the courts of the country where you reside.

H.1 Equitable Relief

You acknowledge that any breach or threatened breach of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy, and therefore that we are entitled to seek immediate equitable relief, including injunctive relief, in addition to our rights and remedies otherwise available at law. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.

H.2 Notices or Communication

You agree that Joyclove Enterprise Private Limited may provide any notice or communication to you required or permitted under these Terms of Use to any contact information you have provided to Joyclove, including, but not limited to, a mailing address or e-mail address.

H.3 Severability

If any provision of these Terms of Use is held unenforceable or invalid under any applicable law or is so held by an applicable court decision, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

H.4 Waiver

Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use in the future.

H.5 Assignment

You agree that you may not assign these Terms of Use or any interest herein including, but not limited to, by sublicensing or delegating any obligation hereunder, without the prior written consent of Joyclove Enterprise Private Limited.

H.6 Entire Agreement

These Terms of Use constitute the entire agreement between you and us with respect to the subject matter contained herein and supersede all previous agreements, statements and understandings from or between you and us regarding the subject matter contained herein.

(I) CHANGES TO THESE TERMS OF USE

We reserve the right to modify these Terms of Use, in whole or in part, at our own discretion at any time. Such modifications shall be effective immediately upon the linking of modified Terms of Use to the Website/Online Services, and if you possess an Account, by communicating the modifications to you by sending them to the contact information that you have provided to us. You agree to comply with, and be bound by, any such modifications either (a) by continuing to use or access the Website/Online Services after modified Terms of Use are posted to the Website/Online Services or (b) if you possess an Account, by not requesting to terminate your Account within seven (7) days after being sent a notice of modifications as described above.

(J) INDEMNIFICATION

You agree to defend, indemnify, and hold us, our suppliers, affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to your violation of these Terms of Use, your submission of any User-Provided Content, or your use of the Website/Online Services, including the accuracy or completeness of any products, programs, and services received by you, or any data, information, service, report, analysis, or publication derived therefrom.

(K) CONTACT INFORMATION

If you have any questions or concerns about these Terms and Conditions, please contact us at info@joyclove.com