Nine by Janine is a brand owned and marketed by Janine Vakharia and Atyaan Jungalwala. Ninebyjanine.com (the “Website”) is an online service owned and operated by Nine by Janine. In using the Website, you are deemed to have accepted the Terms and Conditions of the User Agreement listed below (the “Terms and Conditions”), or as may be revised from time to time, which is, for an indefinite period, and you understand and agree that you are bound by such Terms and Conditions for the entire duration of your accessing this website. If you have any queries about these Terms and Conditions or have any comments or complaints on or about the Website, please email us at contact@ninebyjanine.com. We reserve the right to change these Terms and Conditions from time to time without any obligation to inform you, and you shall be deemed entirely responsible to read and understand them, as and when they are revised.
The Website is provided for your personal use. Nine by Janine has taken every reasonable care in preparing the content of the Website. However, Nine by Janine disclaims all warranties of any kind with regard to the content, services and products contained on the Website. Nine by Janine and its employees shall not be liable for any losses and/or claims arising directly or indirectly from the use of the Website. Any links to other websites or providers of information in any medium, are provided for interest only. Nine by Janine disclaims all responsibility and liability whatsoever for their content. Such links do not imply Nine by Janine’s endorsement of any such content or product. The Website is provided without any warranties or guarantees – you must bear all the risks associated with the use of the internet.
The Website is provided for your personal use. Nine by Janine has taken every reasonable care in preparing the content of the Website. However, Nine by Janine disclaims all warranties of any kind with regard to the content, services and products contained on the Website. Nine by Janine and its employees shall not be liable for any losses and/or claims arising directly or indirectly from the use of the Website. Any links to other websites or providers of information in any medium, are provided for interest only. Nine by Janine disclaims all responsibility and liability whatsoever for their content. Such links do not imply Nine by Janine’s endorsement of any such content or product. The Website is provided without any warranties or guarantees – you must bear all the risks associated with the use of the internet.
You may not use the Website for any unlawful purposes, including but not limited to one or more of the following:
1. Circulating any unlawful, harassing, abusive, obscene or otherwise objectionable material
2. Gaining unauthorised access to other computer systems
3. Interfering with any other person’s use or enjoyment of the Website
4. Breaching any laws concerning the use of public telecommunications networks or systems
5. Interfering or disrupting networks or other websites connected to the Website 6. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Nine by Janine has taken all care and precaution to try and provide accurate data and information. In the preparation of the content of the Website, in particular, to ensure that prices quoted are correct at the time of publishing and all products have been fairly described, to the best of our ability and knowledge. All prices are displayed inclusive of GST. We have made every effort to display as accurately as possible the colours of Nine by Janine products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. All products and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the Terms and Conditions as listed herein. We reserve the right to accept or reject your offer in part or in full.
Nine by Janine reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order on the Website. These restrictions may be applicable to orders placed by the same account, the same credit/debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Nine by Janine also reserves the right, at its sole discretion, to prohibit sales to any one as it may deem fit.
All prices listed on ninebyjanine.com are listed at the Maximum Retail Price (MRP), inclusive of all taxes. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Nine by Janine shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mispriced, Nine by Janine may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Nine by Janine will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event the Website accepts your order, the same shall be charged to your credit/debit card account and you will be duly notified by email, that the payment has been processed. The payment may be processed prior to Nine by Janine’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit/debit card account.
Nine by Janine disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on the Website. You agree to defend, indemnify and hold harmless Nine by Janine, it’s employees, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs, charges and expenses, including but not limited to lawyer’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Nine by Janine, or any third party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable rules, laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 (and all it’s subsequent amendments), including un-discharged insolvents etc. are not eligible to use the Website. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Those who choose to access the Website from outside India are responsible for compliance with local laws, if and to the extent local laws are applicable.
Nine by Janine reserves the right to refuse service to anyone at any time, without assigning any reason therefor. Nine by Janine reserves the right, in its sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
You agree, understand and confirm that the credit/debit card details or other financial details provided by you for availing services on the Website will be correct and accurate, and you shall not use a credit/debit card or any other financial facility whatsoever which is not lawfully owned/obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by Nine by Janine. Nine by Janine will not be liable for any credit/debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. All information collected by us shall be governed as per our Privacy Policy. Nine by Janine and its associated acquiring bank and/or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Website fraudulently. The Website, Nine by Janine and its associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and/or any other unlawful acts or acts or omissions in breach of the Terms and Conditions
Nine by Janine expressly reserves all intellectual property rights in all text, images, programs, products, processes, technology, content and other materials, which appear on the Website. Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of Nine by Janine’s intellectual property rights. All rights, including copyright, in the Website are owned by or licensed to Nine by Janine, as more particularly mentioned below. Any use of the Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of
Nine by Janine.
In particular, the copyright in the Website, the work-flow in developing the Website, and the content, material on the Website, including without limitation, the text, computer codes, artwork, photographs, images, audio material or audio-visual material, if any, on the Website are owned by Nine by Janine. Nine by Janine expressly puts all third parties on notice that any and all creative and other content/inputs conceived and/or worked on and created by Nine by Janine belongs exclusively to Nine by Janine, and in the absence of any specific agreement to the contrary Nine by Janine does not permit any third party to make use of any such creative and other content created by Nine by Janine in the present or in the future.
No content/material or any part thereof of any works created by Nine by Janine, including but not limited to the Website, may be modified, distributed, reproduced, reposted, stored or transmitted in any form or by any means, mechanical, electronic, photocopying, recording or by any other mode present, or which may be created in the future, for any purpose whatsoever, without the prior written permission of Nine by Janine.
If referred to as a part of another publication, the source must be appropriately acknowledged. The contents of the Website cannot be used in any misleading or objectionable context. Any reproduction or illegal distribution of the content in any form will result in immediate legal action against the person/entity concerned.
Insert this copyright notice on the bottom of each page of the Website; “© 2022 NINE BY JANINE, ALL RIGHTS RESERVED”
This User Agreement is effective unless and until terminated by either you or Nine by Janine. You may terminate this User Agreement at any time by informing us in writing[{{type}} Annotation] through Indian postal system by registered post that you no longer wish to be associated with the Website, provided that you discontinue any further use of the Website. Nine by Janine may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Nine by Janine Upon any termination of the User Agreement by either you or Nine by Janine, you shall forthwith destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;
- Sending unsolicited email, including promotions and/or advertising of products or services; or
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from Nine by Janine on the Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer).
If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranties, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and Nine by Janine with respect to the Website and the services provided by the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our websites/services. Nine by Janine’s failure to act with respect to a breach by you or others does not waive it’s right to act with respect to subsequent or similar breaches.
Your information is safe at Nine By Janine
Nine By Janine values the privacy of information pertaining to all its users and associates. We do not use or disclose information about your individual visits to the Website, or any information that you may give us, such as your name, address, email address or telephone number, to any outside sources.
Nine by Janine will not use information about you without your permission and will provide the means for you to manage and control the information that you have provided. We will enable you to communicate your privacy concerns to us and that we will respond to them appropriately. Nine by Janine does not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify you, such as your password, credit card number and bank account number.
Site Visit Data
The Website records your visit and logs and the following information for statistical purposes:
Your server’s address; the name of the top-level domain from which you access the Internet (for example, .gov, .com, .in, etc.); the type of browser you use; the date and time you access the Website; the pages you have accessed and the documents downloaded and the previous Internet address from which you linked directly to the Website. Nine by Janine will not identify users or their browsing activities, except when a law enforcement agency may exercise a warrant to inspect the service provider’s logs.
Cookies
A cookie is a piece of software code that an internet website sends to your browser when you access information at that site. This site does use cookies.
Email Management
Your email address will only be recorded if you choose to send a message. It will only be used for the purpose for which you have provided it and will not be added to a mailing list. Your email address will not be used for any other purpose and will not be disclosed.
Characteristics of leather
Leather being a natural product is subject to wear and tear over time.
Leather sole characteristics
The insole and soles of your Nine by Janine sandals are made from vegetable tanned leather and will therefore be subject to marking over time. This is not a manufacturing defect. It is a natural process and part of the normal wear and tear of the sandals. Do not try to wash the insole.
Nine by Janine has made every effort to ensure that the products are described fairly, product information is correct and the colours and get up of our product is as accurate as possible. Due to photographic lighting sources or differences in device screen settings (mobile/ desktop/other), we are unable to guarantee that the colour you will see on your screen will completely reflect the true colour of the product ordered.
Nine by Janine does not represent and warrant that product descriptions, photographs, get up or other descriptions of the product or the content of the Website are accurate, complete or error-free.
By purchasing any product, you agree to this disclaimer.
Product prices displayed on the Website are inclusive of all applicable taxes.