Terms of Service
Ratification of the Agreement
To be a member of the website of Jacaranda.art, first of all it is required that you fill in the registration form and then agree and undertake to comply with the provisions of the user agreement for Jacaranda.art . By filling in and ratifying the registration form or getting any services or ordering a product using this system, the user agrees to be bound by the user agreement of Jacaranda.
You are responsible for making all arrangements necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your Internet connection are aware of these website terms and that they comply with them. By viewing, using, accessing, browsing, or submitting any content or material on the site, you agree to these Terms of Use as a binding legal agreement between you and Jacaranda.art , without limitation or qualification. The term "you" or "You" shall refer to any person or entity, who views, uses, accesses, browses or submits any content or material to the site. If you do not agree to these Terms of Use, then you may not use the site. Jacaranda.art , reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the sites shall be subject to the then-current Terms of Use, and continued use of the site now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.
The terms and conditions apply to Jacaranda.art website and its associated applications on iPhone, Android, and mobile site please ensure you provide a valid phone number of the recipient and an accurate name.
How to make an order and how it is processed?
Once you have selected your order from the product you will be given the opportunity to submit your order by clicking on "Checkout" button. Please note it is important that you check the information that you enter and correct any errors before clicking on the "Checkout" button since once you click on this input errors cannot be corrected. On receipt of your order, Jacaranda.art , will begin processing your order and we will send a message on the final page that your order has been received and sent successfully to the provided delivery address. Where any payment you make is not authorized you will be returned to the previous page on the website and we shall not be obliged to provide the services.
Order Cancellation
You have the right to cancel an order up to 5 minutes from placing the order on our website. While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.
An order may be subsequently cancelled by Jacaranda after you have received a confirmation and Jacaranda reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.
Membership system for Jacaranda
Any member of Jacaranda has a "user name" and "password" which are determined by the member herself/himself. The "user name" is personal to the member and the same "user name" is not given to two different members. The "password" is only known by the user. The user can change the password at any time. It is solely under the responsibility of the user to select and protect the password. Jacaranda is not liable for any problems, which may arise from the use of password. Jacaranda informs the user about the promotions, which take place in the user’s area and from which the user may benefit, by emails.
Jacaranda does not share the user information with the third party companies –For the user to connect to the services, which require a membership of Jacaranda , the user must enter the user name and password. This process is called "login" to Jacaranda.art.
By using this site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the site or by contacting us, you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.
Members' passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact us immediately.
You may not use the site for any unlawful or unauthorized purpose, including without limitation to:
Distributing any unlawful, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material transmitting material that constitutes a criminal offense, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
Interfering with any other persons use or enjoyment of the site. Damaging, disabling or impairing the operation of this site or attempting to gain unauthorized access to this site or to networks connected to it, through hacking, spoofing or other such similar means.
Visitor material and conduct:
Other than personally identifiable information, which is covered under the Jacaranda Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. Jacaranda will have no obligations with respect to such material. Jacaranda and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
You are prohibited from posting, uploading or transmitting to or from this website any material that:
Breaches any applicable local, national or international law;
Is unlawful or fraudulent
Amounts to unauthorized advertising; or
Contains viruses or any other harmful programs.
You may not misuse the website (including by hacking).
Any comments or feedback that you submit through the website must not:
contain any defamatory, obscene or offensive material;
promote violence or discrimination;
infringe the intellectual property rights of another person;
breach any legal duty owed to a third party (such as a duty of confidence);
promote illegal activity or invade another’s privacy;
give the impression that they originate from us; or
be used to impersonate another person or to misrepresent your affiliation with another person.
The prohibited acts listed in the above paragraphs are non-exhaustive. You will pay Floward for all costs and damages which it incurs as a result of you breaching any of these restrictions. Floward will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of the above paragraph.
Visitor material and conduct:
Other than personally identifiable information, which is covered under the Jacaranda Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. Jacaranda will have no obligations with respect to such material. Jacaranda and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
You are prohibited from posting, uploading or transmitting to or from this website any material that:
Breaches any applicable local, national or international law;
Is unlawful or fraudulent
Amounts to unauthorized advertising; or
Contains viruses or any other harmful programs.
You may not misuse the website (including by hacking).
Any comments or feedback that you submit through the website must not:
contain any defamatory, obscene or offensive material;
promote violence or discrimination;
infringe the intellectual property rights of another person;
breach any legal duty owed to a third party (such as a duty of confidence);
promote illegal activity or invade another’s privacy;
give the impression that they originate from us; or
be used to impersonate another person or to misrepresent your affiliation with another person.
The prohibited acts listed in the above paragraphs are non-exhaustive. You will pay Jacaranda for all costs and damages which it incurs as a result of you breaching any of these restrictions. Jacaranda will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of the above paragraph.
Termination of agreement
Jacaranda may terminate this agreement unilaterally at any time.
Restrictions for Non-Personal and Non-Commercial Use. You agree that the consequences of commercial use or re-publication of content or information of Jacaranda may lead to serious and incalculable monetary compensation that may not be a sufficient or appropriate remedy and that Jacaranda will be entitled to temporary and permanent injunctive relief to prohibit such use.
Product Delivery
During any product delivery made by Jacaranda, if the client is not available in the address specified in the system, the product ordered by the client shall not deliver to anywhere else. Within the framework of such a case, the member must accept all legal responsibilities arising from ordering a product to an address where he/she does not exist.
Refund Policy:
Jacaranda takes customer satisfaction very seriously. In the case of problems with your order, please contact Jacaranda through our live chat or call us on our hotline number and we will assist you. In appropriate cases, if you have already been billed by Jacaranda, we will issue full or partial refunds. In the following cases: if you did not receive your order or received an incorrect order, you may be issued a full refund; if part of your order is missing, we may issue a partial refund. In every event, we will do our best to ensure your satisfaction.
Price and Payment
Debit / Credit Cards: Please read the following terms of use and disclaimers carefully before using Debit / Credit Cards:
The customer order cancellation is limited to a maximum time of 5 minutes from the time of placing the order.
The customer refund procedure might take 2-7 working days to process on the Debit /Credit Cards bank payment gateway. The customer has to follow on with the bank in case of any delay in crediting back the customer’s account with the amount previously paid by the customer. We will send an email to the customer that contains a printout of the refund advice printed from Debit / Credit Cards bank payment gateway as reference in case the customer wants to revise the bank with.
Customers using the Debit / Credit Cards facility are requested to be available on their respective contact numbers.
Credit or Debit cards used in placing orders through the online payment gateway on Jacaranda ward website or applications must belong to the user. Otherwise, the user must attain the legal permission from the card owner to perform the transaction.
The customer is entirely liable for placing an order using the Debit / Credit Cards facility after carefully reading all the terms & conditions. Price and Payment
Governing law & competent:
These Website Terms shall be governed by and construed in accordance with the law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts.
Enforcement:
If any part of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of these Terms of Use. No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
License:
Jacaranda grants you permission (which may be revoked at any time for any reason or no reason) to view the site and to download, email, share via social networking or print individual pages from the site in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted.
You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the site, except as specifically noted above.
Except as specifically authorized by Jacaranda, you may not deep-link to the site for any purpose or access the site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the site or any information, content, or material on the site. Jacaranda reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the site or any content contained therein, whether in whole or in part, without prior written consent from Jacaranda . You may become a "fan" of the site or share links to the site via social networking technology reference on the site. Any rights not expressly granted herein are reserved.
Intellectual Property Rights:
The content on the website ("Jacaranda Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Jacaranda , and are subject to copyright and other intellectual property rights under The Kingdom of Saudi Arabia and international conventions. Jacaranda Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Jacaranda graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Jacaranda in Kingdom of Saudi Arabia and/or other countries.
Jacaranda trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Jacaranda. Jacaranda Content 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, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Jacaranda is prohibited.
Provided that you are eligible to use the website, you are granted a limited license to access and use the website and the Jacaranda content and to download or print a copy of any portion of the Jacaranda content to which you have properly gained access solely for your personal, non-commercial use. Jacaranda reserves all rights not expressly granted to you in and to the website and Jacaranda Content and Marks. If you download or print a copy of the Jacaranda content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with the security related features of the website or features that prevent or restrict use or copying of any Jacaranda content or enforce limitations on use of the website or the Jacaranda content therein.
Contribution License:
By posting contributions to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to Jacaranda an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such contributions, and to grant and authorize sub licenses of the foregoing.
Jacaranda has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any contributions, (ii) re-categorize any contributions to place them in more appropriate locations or (iii) pre-screen or delete any contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
Limitation of Liability
To the extent permitted by law, Jacaranda provides this site and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this site, or that it will be timely or error-free, that defects will be corrected, or that the site or server that makes it available are free of viruses or other harmful components. Subject to the previous paragraph, neither Jacaranda nor Jacaranda directors, officers, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this site. Nothing in these terms shall exclude or limits liability for death or personal injury resulting from our negligence or that of our agents or employees.
