TERMS & CONDITIONS

TERMS & CONDITIONS

The domain name www.jawfreezer.com (“Website”) is a site operated by The JawFreezer.com., a company incorporated under laws of India with our registered office at 224 Tantia Jogani Industrial Estate, JR Boricha Marg, Lower Parel (East), Mumbai 400 011 (“Company/The JawFreezer”).

The JawFreezer enables the world's artists to earn money from their artwork by making it immediately and easily available for sale as a variety of products - without giving up control of their rights. We understand the importance of representing one's work with quality and respect, and we also believe it is essential that all The JawFreezer users respect copyright. Whether you’re an artist, a customer, or just casually browsing the Website, please respect the copyright of all the works you see or buy on The JawFreezer.

By using the services on the www.jawfreezer.com, you are agreeing to the following terms of service, conditions, policies, etc. (“Terms of Service”) including those available by hyperlink, with The JawFreezer, which may be updated by us from time to time. Please check this page regularly to take notice of any changes we may have made to the Terms of Service.

We reserve the right to review and withdraw or amend the services without notice. If you do not agree with its terms, kindly do not use this Website.

The JawFreezer provides a range of services including but not limited to, enabling you to publish, sell, comment on, promote, and purchase art related products; interact with other members; and receive the benefits of The JawFreezer's product production service including payment processing, transaction handling, product manufacturing, packaging, order fulfilment, and customer service.

CONTENT & COPYRIGHT POLICY

You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated. The JawFreezer does not claim any permanent ownership of your Content. You retain copyright and any other rights you already hold in Content which you submit, post, upload, display, or sell on or through The JawFreezer. When you submit, post, upload, display, or sell Content, you grant The JawFreezer a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive (and sub-licensable) license to use and archive the Content in accordance with or as reasonably contemplated by this Agreement.

The JawFreezer cannot always manually screen Content before it is displayed on the Website, and occasionally members may inadvertently or deliberately submit and display content that breaches this Agreement. Inappropriate Content includes, but is not limited to, Content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.

The JawFreezer reserves the right to review, and if necessary, remove any Content from the Website or to cancel your account at its sole discretion, either because that content breaches this Agreement, or any applicable laws, or otherwise.

This means that you, and not The JawFreezer, are entirely responsible for all Content that you upload for sale as products, post, email, transmit or otherwise make available via The JawFreezer. The JawFreezer does not control the Content posted via The JawFreezer services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using The JawFreezer’s services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The JawFreezer be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via The JawFreezer.

You understand that you will be exposed to Content from a variety of The JawFreezer users and that The JawFreezer is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The JawFreezer with respect thereto, and agree to defend, indemnify and hold harmless The JawFreezer, its parent corporation, its subsidiaries, its employees, its licensors, and their respective officers, directors, employees, and agents to the fullest extent allowed by law regarding all matters related to your use of The JawFreezer service.

While we try to offer reliable data, we cannot promise that the Content and postings on Website will always be accurate and up-to-date. You will be responsible for ensuring that your posts are accurate and do not include misleading information. You agree that you will not hold us responsible for inaccuracies in any postings on the Website.

The JawFreezer and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Website. Without limiting the foregoing, The JawFreezer and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by The JawFreezer or submitted to The JawFreezer, including, without limitation, information about The JawFreezer collaborations, posts, or in any other part of the Website.

You acknowledge, consent and agree that The JawFreezer may access, preserve, and disclose your account information and Content if required to do so by law or in good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal processes; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of The JawFreezer, its users, and the public.

By using services of The JawFreezer, you agree to receiving promotional or information content relevant to The JawFreezer through the medium of SMS or Email or both. Once you place an order with us, you automatically get subscribed to our order related Whatsapp notifications.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to the Website, delay or remove hosted Content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our the Terms of Service.

The JawFreezer also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time, without providing any prior notice, and at its sole discretion.

LIABILITY

You will not hold The JawFreezer responsible for other users' Content, actions or inactions, or collaborations. We have no control over and do not guarantee the quality, safety, or legality of collaborations advertised, the truth or accuracy of users' Content, the ability of parties to deliver on collaborations, or that the parties will actually complete a transaction.

We cannot guarantee continuous or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms, and conditions related to use thereof. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

You must ensure that your access to the Website and The JawFreezer Service is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process you employ for accessing The JawFreezer's service does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Website or any linked website.

We do not accept liability for any losses arising directly or indirectly from a failure to provide any service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of service, or any transmissions by others in contravention of the registered members' obligations as set out in these Terms of Service.

You acknowledge that we may not be able to confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person.

TRADEMARKS

If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trade mark to us, and only after securing prior written permission from The JawFreezer to do so, which may be given, or refused, at its sole discretion, and subject to any terms or conditions it may deem fit. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products, or services (including this Website), or in a manner that implies any kind of any association/affiliation with The JawFreezer.

TERMINATION OF ACCOUNT

The JawFreezer may terminate your access to all or any part of its services at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the service at any time. However, you shall continue to be bound by all provisions of these Terms of Service, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

The JawFreezer will terminate your access to the site if you are determined to be, in The JawFreezer's sole discretion, a repeat infringer of the Content & Copyright Policy and/or these Terms of Service.

The JawFreezer may, but shall not be obligated to, give you one warning if you have violated these Terms of Service prior to termination of your account.

By accepting the terms and conditions, the user consents to pay The JawFreezer the complete amount for the order placed by them from The JawFreezer. However, The JawFreezer does not control the amount charged to the user by their bank related to the their purchase from The JawFreezer, to which The JawFreezer disclaims any liability in this regard.

THE JAWFREEZER EXCLUSIVE (“EXCLUSIVE”)

In addition to the other terms and conditions that govern the users of the Website, members of Exclusive also agree to the following terms and conditions:

  • The annual Exclusive membership of Rs. 299 will be valid for a period of 12 months.
  • The monthly Exclusive membership of Rs. 199 will be valid for a period of 30 days.
  • The Exclusive membership is non-refundable and non-transferable.
  • No additional discount codes or discount coupons can be availed of by Exclusive members.
  • The JawFreezer shall endeavour to offer all its products at discounted rates for Exclusive members. However, there may be certain circumstances where the rates offered to Exclusive members shall be the same as those offered to non-members. This includes but is not limited to circumstances where the final price is determined by the artist, where the product/design is unique and necessitates a higher selling price, where the product is available at a discounted rate even to non-members, etc.
  • The JawFreezer reserves the right to terminate/suspend a user's Exclusive membership if we determine that the user has violated the rules of Exclusive or misused it in any way and/or has been involved in activities which are fraudulent/unlawful in nature. The JawFreezer's decision in this regard shall be final and binding. In such event, The JawFreezer shall refund the last amount paid by the user for joining/renewing their membership to Exclusive.
  • The JawFreezer reserves the right to modify the terms and conditions of Exclusive at any point, without prior intimation to the users. In case of a substantial alteration of benefits to Exclusive members, The JawFreezer may, at its sole discretion, refund the last amount paid by the user for joining/renewing their membership to Exclusive.
  • The JawFreezer reserves the right to alter or modify the cost of the Exclusive membership at any time, without prior intimation to the user.

TSS POINTS

  • TSS Points are issued with an expiry date and can be redeemed only before expiry.
  • TSS Points cannot be used with discount coupon on an order.
  • The total TSS Points that can be used in one transaction is subject to the cart value. A max of 10% of the cart value can be redeemed via TSS Points for any transaction.
  • If The JawFreezer has suspicion or knowledge that any Customer is or has been involved in any fraudulent or illegal activity directly or indirectly, The JawFreezer reserves the right to disqualify/remove all TSS Points/cancel order of such Customer and any related Customers.
  • The JawFreezer shall not be responsible if a purchase is not registered or is lost due to any network issues, breakdown of machinery, disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s). Any dispute in connection to the same shall be settled between the end customer and the network operator, and The JawFreezer shall not be liable for the same.
  • The JawFreezer reserves the right to amend, modify, cancel, update or suspend TSS Points at any time without notice. Upon such premature amendment, modification, cancellation, updation, or suspension of TSS Points by The JawFreezer, no person shall be entitled to claim loss of any kind whatsoever against The JawFreezer or its affiliates.
  • TSS Points are open only for end consumers and not resellers.
  • TSS Points cannot be settled in cash and are not transferable.
  • Users are not bound in any way to participate in this offer. Any participation is entirely voluntary, and the TSS Points allocated are being made available purely on a best effort basis.
  • You hereby agree to indemnify and keep indemnified The JawFreezer against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney’s fee) that may be suffered by The JawFreezer because of (i) violation of terms of these terms and conditions by you; (ii) violation of applicable laws; (iii) wilful negligence or misconduct on your part in dealing with the Platform.

TSS MONEY

  • TSS Money is 100% redeemable.
  • TSS Money once redeemed cannot be redeemed again.
  • TSS Money cannot be transferred to the Customer’s bank account.
  • TSS Money is subject to expire after 12 months.
  • If The JawFreezer has suspicion or knowledge that any Customer is or has been involved in any fraudulent or illegal activity directly or indirectly, The JawFreezer reserves the right to disqualify/remove all TSS Money/cancel order of such Customer and any related Customers.
  • The JawFreezer shall not be responsible if a purchase is not registered or is lost due to any network issues, breakdown of machinery, disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s). Any dispute in connection to the same shall be settled between the end customer and the network operator, and The JawFreezer shall not be liable for the same.
  • The JawFreezer reserves the right to amend, modify, cancel, update or suspend TSS Money at any time without notice. Upon such premature amendment, modification, cancellation, updation, or suspension of TSS Money by The JawFreezer, no person shall be entitled to claim loss of any kind whatsoever against The JawFreezer or its affiliates.
  • TSS Money is open only for end consumers and not resellers.
  • TSS Money cannot be settled in cash and is not transferable.
  • Users are not bound in any way to participate in this offer. Any participation is entirely voluntary, and the TSS Money allocated is being made available purely on a best effort basis.
  • You hereby agree to indemnify and keep indemnified The JawFreezer against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney’s fee) that may be suffered by The JawFreezer because of (i) violation of terms of these terms and conditions by you; (ii) violation of applicable laws; (iii) wilful negligence or misconduct on your part in dealing with the Platform.