Legal

Conditions of Use & Privacy Policy insights

Terms of Use

Last updated: June 2018

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

Please read carefully the following provisions of these Terms of Use (the “Agreement” or “Terms of Use”). This is a legal agreement between you and Jeench Inc, a Delaware corporation (“Jeench”, “we”, or “us”) regarding the use of our online and/or mobile services, website, and software provided by us (collectively, the “Jeench Service”). By accessing or using the Jeench Service, you agree that you have read, understood, and agree to be bound by these Terms of Use, whether or not you are a registered user of the Jeench Service.

We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required or given for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least ninety (90) days’ notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Jeench Service after any such change takes effect constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, your only remedy shall be to not use or access (or continue to access) the Jeench Service.

This Agreement applies to all visitors, users, and others who access the Jeench Service (“Users”).

I. USE OF THE JEENCH SERVICE

1. DESCRIPTION OF THE JEENCH SERVICE

Jeench provides Users with access to an on-line portal where entrepreneurs can set-up virtual storefront locations (each, a “Jeench Store”, and collectively, the “Jeench Stores”), based on physical location or otherwise, and offer to sell their goods and services; Jeench Store owners can provide customizable payment and delivery methods, hire independent contractors, post job ads, list their products and services, and otherwise conduct their business with the assistance of the Jeench Service pursuant to these Terms of Use. Users can access the Jeench Stores and make purchases, or otherwise make use of any of the services offered by the Jeench Store owners. Users can also use augmented reality and maps to find Jeench Stores, if such Jeench Stores are tied to a physical location.

2. ELIGIBILITY

Any use or access to the Jeench Service by anyone under 18 is prohibited and in violation of this Agreement. If you are under 18, please do not attempt to register for or in any way use the Jeench Service. Jeench reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.

3. JEENCH ACCOUNT

You must create an account in order to gain access to the Jeench Service and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Jeench immediately of any breach of security or unauthorized use of your account. Jeench will not be liable for any losses caused by any unauthorized use of your account.

By providing your email address to Jeench, you consent to our using that email address to send you Jeench Service-related notices, including any notices required by law, in lieu of communication by snail mail.

We may also use your email address to send you other messages, such as changes to features of the Jeench Service and special offers. If you do not want to receive such email messages, you may opt out by sending us a request at privacy@jeench.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Please note that if you do not want to receive legal notices from us, including without limitation a notice that this Agreement has changed, those legal notices will still govern your use of the Jeench Service. We will post legal notices to the Jeench Service, and you are responsible for reviewing such legal notices for changes. Please see our Privacy Policy for more details.

4. SERVICE RULES

You agree not to engage in any of the following prohibited activities in connection with the Jeench Service: (i) copying, distributing, or disclosing any part of the Jeench Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Jeench Service in a manner that sends more request messages to the Jeench servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Jeench Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure or that could disable, overburden, or impair the proper operation of the Jeench Service, such as a denial of service attack; (vi) uploading invalid data, viruses, worms, or other software agents through the Jeench Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Jeench Service; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Jeench Service; (x) accessing any content on the Jeench Service through any technology or means other than those provided or authorized by the Jeench Service; (xi) bypassing the measures we may use to prevent or restrict access to the Jeench Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Jeench Service or the content therein, or (xii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Jeench Service.

You may not access or use the Jeench Service if you work with or for a competitor, except with Jeench’s prior written consent. In addition, you may not use or access the Jeench Service for purposes of monitoring the performance or functionality for a competitor or for any third party, or for any other benchmarking or competitive purposes and you may not share any benchmarking data regarding the Jeench Service usage with any third party without Jeench’s prior written consent.

We may, without prior notice, change the Jeench Service, stop providing the Jeench Service or features of the Jeench Service (to you or generally), or create usage limits for the Jeench Service. We may permanently or temporarily terminate or suspend your access to the Jeench Service without notice or liability to Jeench, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Jeench Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You are solely responsible for your interactions with other Users, Jeench Stores and any other content you observe through the Jeench Service. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Jeench shall have no liability for your interactions with other Users, or for any User’s action or inaction.

5. USER CONTENT

The Jeench Service allows Users to (i) exchange information, messages, images, photos, videos and other content by recording messages and sharing them with each other, (ii) otherwise send information, messages, images, photos, videos, reviews and other content to other Users of the Jeench Service; (iii) send information, messages, images, photos, videos and other content to a computer or other browser-enabled device and receive similar types of content and information from such devices; and (iv) provide detailed information regarding goods, products and services sold through any Jeench Store. Any information, messages, images, photos, videos, files, personal or technical data, or any other type of information that you transmit using the Jeench Service shall be referred to as “User Content” for the purposes of this Agreement.

You agree not to transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; or (ix) do anything that could disable, overburden, or impair the proper operation of the Jeench Service, or interfere with the functioning of any Jeench Stores.

You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Jeench reserves the right, but is not obligated, to reject and/or remove any User Content that Jeench believes, in its sole discretion, violates these provisions.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You further agree that you will not use the Jeench Service to collect User Content from anyone, whether for commercial use or any other kind of use, without first obtaining their consent and first making it clear that you (and not us) are the one collecting their User Content.

Jeench takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts or sends over the Jeench Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Jeench shall not be liable for any damages you incur or allege to incur as a result of User Content.

We may use your User Content (including, but not limited to, any content features in any Jeench Store), in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You irrevocably waive, and cause to be waived, against us any claims and assertions of moral rights or attribution with respect to your User Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of your User Content. We do not claim any ownership to your content, but we have permission to use it to help Jeench function and grow.

II. SPECIAL PROVISIONS REGARDING JEENCH STORES

You may establish a Jeench Store by following the procedures indicated on the Jeench Service. At minimum, establishing a Jeench Store requires you to (i) indicate agreement to these Terms of Use, (ii) provide contact information and identification details, and (iii) submit any other form of authentication as required as part of the enrollment process established by Jeench from time to time, in Jeench’s sole discretion.

By establishing a Jeench Store through the Jeench Service, you hereby acknowledge and agree that: (i) you, and not Jeench, is solely responsible for the content and listing of any items, products or services offered through such Jeench store; (ii) Jeench may not immediately list your Jeench Store on the Jeench Service; (iii) you shall be solely responsible for setting the prices and terms of any goods, products or services sold through such store; (iv) any items, products or services offered through a Jeench Store which violate the policies of Jeench, including as set forth in this Terms of Use, may be modified, obfuscated, or deleted at Jeench’s discretion; (v) in no way shall your use of the Service or establishment of any Jeench Store establish any agency, employment, representative, partnership, or independent contractor relationship between you and Jeench; (vi) you are solely responsible for any actions of your agents, independent contractors, employees, officers, directors and other affiliated parties, and shall indemnify Jeench for the actions of such parties, as further described in the indemnity provisions of these Terms of Use; and (vii) you, and not Jeench, are solely responsible for any returns, refunds, or exchanges, and are also solely responsible for dealing with any fees, taxes, or other charges in connection with processing any such transactions.

By visiting any Jeench Store through the Jeench Service, you hereby acknowledge and agree that: (i) Jeench does not review, recommend or verify any of the credentials, licenses, quality, claimed characteristics, reliability, warranties or competence of any products, services or information provided by, in or through any Jeench Store; (ii) Jeench solely provides a platform for Users to interact with Jeench Stores only – you hereby agree and acknowledge that Jeench has no liability to you for any aspect of service, delivery or warranty or representation provided by any Jeench Store, or otherwise your making use of any information or services offered by or through any Jeench Store; (iii) the Jeench Service may from time to time include map features and Jeench may display the locations of Jeench Stores - you expressly agree that Jeench has no liability for displaying such information or any errors with respect to same; (iv) Jeench may collect location related data from you via technologies including but not limited to GPS and IP Address, which data may be shared in the context of facilitating your interaction with Jeench Stores - you hereby specifically consent to this collection and sharing as part of this Agreement; and (v) the Jeench Store, and not Jeench, shall be solely responsible for any returns, refunds, or exchanges, as well as any fees, taxes or other charges with respect to same, and you should contact the applicable Jeench Store directly in connection with such matters (as well as to learn their applicable store policies regarding such matters).

III. END USER LICENSE GRANT

1. JEENCH SERVICE

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Jeench Service. Jeench reserves all rights not expressly granted herein in the Jeench Service and the Jeench Content (as defined below). Jeench may terminate this license at any time for any reason or no reason.

2. MOBILE SOFTWARE

We make available software to access the Jeench Service via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. Jeench does not warrant that the Mobile Software will be compatible with your mobile device. Jeench hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Jeench account on one mobile device. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that Jeench may from time to time issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Jeench or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).

3. MOBILE SOFTWARE FROM GOOGLE PLAY

This paragraph is intended to apply to you if you have downloaded the Mobile Software on a device powered by the Android operating system. Jeench and you, the end-user of the Mobile Software and the Jeench Services, acknowledge that the Agreement is entered into by and between Jeench and you. Jeench is solely responsible for the Software and Jeench Services. Should you have downloaded the Software from the Google Play Store located online at https://play.google.com/store, you acknowledge that you have reviewed the Android Market Terms of Service (located online at https:// play.google.com/intl/en_us/about/play-terms.html) and the Google Play Business and Program Policies (located online at https://play.google.com/about/android-developer-policies.html). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

4. MOBILE SOFTWARE FROM APPLE APP STORE

This paragraph is intended to apply to you if you have downloaded the Mobile Software from the Apple App Store. Jeench and you acknowledge that this Agreement is concluded between Jeench and you only, and not with Apple Inc. (“Apple”), and as between Jeench and Apple, Jeench, not Apple, is solely responsible for the Mobile Software and Jeench Services and the content thereof. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/ dev/stdeula/). For purposes of this Agreement, the “Mobile Software” is considered the “Licensed Application” as defined in the LAEULA and “Jeench” is considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control.

5. JEENCH PROPRIETARY RIGHTS; JEENCH LOGO

Except for your User Content, the Jeench Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Jeench Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Jeench and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Jeench Service without Jeench’s written consent. Use of the Jeench Content or materials on the Jeench Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

As a condition of your using the Jeench Service to create a Jeench Store to offer your goods and services, you shall display, at each physical Jeench Store location, a physical Jeench sticker or logo, which shall be provided to you by mail by Jeench (each a “Jeench Sticker”), at a location within immediate proximity of the POS Terminal at such Jeench Store location. You are also encouraged to display the Jeench Stickers at other locations, as well as to use the Jeench logo in advertising, marketing, collateral or websites that reference your connection with the Jeench Service, and are granted a limited license solely for that purpose. Nevertheless, Jeench reserves the right in its sole discretion to terminate or modify permission to use its logos (including the Jeench Sticker), and may request that third parties modify or delete any use of its logo that, in its sole discretion, does not comply with these guidelines or may otherwise impair Jeench’s rights in its logos. Jeench further reserves the right to object to unfair uses or misuses of its trademarks or other violations of applicable law.

IV. PRIVACY, SECURITY, AND LEGAL MATTERS

For information about how Jeench protects your privacy, please read the Jeench Privacy Policy, which you can find at www.Jeench.com/privacypolicy.html (the “Privacy Policy”). The Privacy Policy explains how Jeench treats your personal information and protects your privacy when you use the Jeench Service.

1. SECURITY

Jeench cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

2. YOUR INTERACTIONS WITH OTHER USERS

You are solely responsible for your interactions with other Users, including any financial transactions between you and Users through the Jeench Service and any Jeench Stores. You understand that we do not in any way screen our Users, nor do we inquire into the backgrounds of our Users or attempt to verify the statements of our Users. You agree to take reasonable precautions in all interactions with other Users, particularly if you decide to meet offline or in person.

3. THIRD PARTY LINKS

The Jeench Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Jeench. Jeench does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Jeench Service, you do so at your own risk, and you understand that this Agreement and Jeench’s Privacy Policy do not apply to your use of such sites. You expressly relieve Jeench from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Jeench Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that Jeench shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

4. INDEMNITY

You agree to defend, indemnify and hold harmless Jeench and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (collectively, the “Jeench Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Jeench Service, your access to any Jeench Stores or any interactions with any Users, including any data or content transmitted or received by you through the Jeench Service; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim for damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party’s access and use of the Jeench Service with your username, password or other appropriate security code; or (vii) if you have sold any products or provided any services through any Jeench Store, or have purchased or made use of any products of services through any Jeench Store, your failure to collect and/or pay any applicable taxes for any purchases or sales you make through the Jeench Service.

5. DISCLAIMER OF WARRANTIES

THE JEENCH SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE JEENCH SERVICE (“PRODUCT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE JEENCH SERVICE AND THE PRODUCTS AND ANY GOODS INFORMATION OR SERVICES AVAILABLE OR ACCESSED THROUGH ANY JEENCH STORE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, JEENCH, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE JEENCH SERVICE, ANY JEENCH STORE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE OR ACCESS TO ANY JEENCH STORE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JEENCH SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE JEENCH SERVICE.

JEENCH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JEENCH SERVICE INCLUDING THROUGH ANY JEENCH STORE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND JEENCH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD- PARTY PROVIDERS OF PRODUCTS OR SERVICES.

IF YOU DOWNLOADED THE MOBILE SOFTWARE FROM THE GOOGLE PLAY STORE OR THE APPLE APP STORE, YOU FURTHER ACKNOWLEDGE THAT APPLE AND GOOGLE PLAY HAVE NO RESPONSIBILITY FOR ADDRESSING ANY CLAIMS RELATING TO THE SOFTWARE OR JEENCH SERVICES OR YOUR POSSESSION AND/OR USE OF THE SOFTWARE OR JEENCH SERVICES, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE SOFTWARE OR JEENCH SERVICES FAIL TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE JEENCH PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE AND/OR ANY OF THE JEENCH SERVICES, INCLUDING ANY JEENCH STORE, THESE TERMS OF USE OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF JEENCH OR ANY OTHER JEENCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE JEENCH PARTIES SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THESE TERMS OF USE OR USE OF THE SOFTWARE OR ANY OF THE JEENCH SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL JEENCH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER

THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU HAD PAID TO JEENCH OVER THE PRECEDING THREE MONTHS PERIOD, IF ANYTHING.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR JEENCH SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN JEENCH AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE JEENCH SERVICES. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF JEENCH ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE JEENCH PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE JEENCH PARTIES.

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

7. COPYRIGHT INFORMATION

As required by the Digital Millennium Copyright Act of 1998, the following individual is designated for notification of potential copyright infringement regarding the Jeench Service: Dimitry Lensky, Esq., 1901 Avenue of the Stars, Suite 480, Los Angeles, CA, 90067.

If you believe the Jeench Service infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):

  • A physical or electronic signature of the copyright owner or authorized agent;
  • Identification of the copyrighted work(s) claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you that the information in your notification is accurate, and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

It is expected that all Users will comply with applicable copyright laws. However, if we are notified of claimed copyright infringement, or otherwise become aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity. we will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its designated agent

8. CALIFORNIA USER NOTICE

Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R. Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by e-mail at dca@dca.ca.gov.

9. DISPUTES WITH JEENCH: VENUE, BINDING ARBITRATION, AND CLASS ACTION WAIVER

Please contact us as soon as possible if you have any issues or complaints with respect to the Jeench Service or anything else. If we can’t resolve any issues or dispute, the rules set forth in this section below will govern any Dispute between you and Jeench or its affiliates. “Dispute” includes any dispute, action or other controversy between you and us concerning the Jeench Service or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.

You agree that Jeench shall be deemed solely based in California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable. Any legal action against Jeench related to the Jeench Service shall be filed by you in Los Angeles, California. For any actions under the AAA Rules, the proceedings will be in Los Angeles, CA, or otherwise conducted at a location which is reasonably convenient to both parties considering their ability to travel and other pertinent circumstances under the AAA Rules.

You and Jeench agree to arbitrate all disputes between you and Jeench or its affiliates. Any Dispute shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (“AAA”) per its Consumer Arbitration Rules then in effect (the “AAA Rules”) – such rules can be viewed at the following site: https://www.adr.org/sites/default/files/ document_repository/Consumer_Arbitration_Rules_Web.pdf.

Arbitration of any Dispute shall be handled by a sole arbitrator in accordance with the AAA Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms of Use will take place on an individual basis, class arbitrations and class actions being prohibited – THUS, YOU HEREBY WAIVE YOUR RIGHT TO A CLASS ACTION BY MAKING USE OF THE JEENCH SERVICE. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non- representative, and non-class basis.

Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000, Jeench will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

10. OTHER LEGAL MATTERS

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Jeench without restriction or notice. No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to maintain the Jeench Service as a result of conditions beyond our control such as, but not limited to, war, strikes, fires, floods, governmental restrictions, power failures, natural disasters, acts of terrorism or damage or destruction of any network facilities or servers, shall not be deemed a breach of these Terms of Use.

11. CONTACT US IF YOU HAVE ANY QUETIONS!

Should you wish to contact us with any questions with respect to the Jeench Service, these Terms of Use, or otherwise, please e-mail us at support@Jeench.com.

Privacy Policy

Last updated: June 2018

IMPORTANT! PLEASE CAREFULLY READ THIS PRIVACY POLICY AS IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.

This Privacy Policy (this “Privacy Policy”) is a legal agreement between you and Jeench Inc, a Delaware corporation (“Jeench”, “we”, or “us”) and applies to information that we collect or use via our online and/or mobile services, website, and software provided by us (collectively, the “Jeench Service”). This Privacy Policy incorporates by reference the terms of the Jeench Terms of Use, accessible at http:// jeench.com/terms-of-service (the “Terms of Service”), and any terms undefined herein shall have the meaning ascribed to such terms in the Terms of Service. This Privacy Policy and the Terms of Service may be jointly referred to herein as this “Agreement”)

Although most changes are likely to be minor, we may change our Privacy Policy from time to time, and in our sole discretion. We encourage visitors to frequently check this page for any changes to the Privacy Policy. Your continued use of the Jeench Service after any change in this Privacy Policy will constitute your acceptance of the changes. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for: (i) ensuring we have an up-to-date active and deliverable e-mail address for you and (ii) for periodically visiting this privacy policy to check for any changes.

By accessing or using the Jeench Service, you acknowledge and agree to this Privacy Policy. If you choose to not agree with this Agreement, you may not use the Jeench Service.

I. NOTICE REGARDING THIRD PARTY LINKS

The Jeench Service, including the Jeench Stores, may contain third party links to other websites, goods or services. Additionally, when accessing or visiting Jeench Stores, the owners of such Jeench Stores may also refer you to third-party websites and services. Please be aware that we are not responsible for the content or privacy practices of such other third party websites or services. We encourage our users to be aware that when they leave the Jeench Service and visit any third-party- related link, or any third-party service, they are advised to read the privacy statements and terms of use of any such third parties. When you leave the Jeench Service to visit any third-party website, please be advised that such third parties may use automatic information collection technologies to collect information about you or your device. Third parties who collect your personal information in such manner may include: advertisers, ad networks and ad servers; analytics companies; your mobile device manufacturer; and your mobile service provider.

II. OUR COLLECTION OF YOUR INFORMATION

We may collect information that identifies you (“Personal Information”) when you use the Jeench Service, including when you register for an account via the Jeench Service, establish a Jeench Store, or post any User Content.

The types of Personal Information that we may collect includes:

(i) information that you provide to us when you register for an account;

(ii) information that you provide to us when you make any purchases or order any services using the Jeench Service, including, without limitation, payment card and billing information;

(c) information that you provide to us and/or our third party service providers when you purchase products or services, such as payment card and billing information;

(d) information that you provide to us, such as your name, location, address, phone number, and email address;

(e) information that you provide to us if you participate in a sweepstakes, contest, rewards program, or other promotion;

(f) information that you provide if you use the Jeench Service to upload, share, or communicate any content or information, including photos, images, videos, text, social network accounts, or other Personal Information that you may include about yourself or others, including User Content (as defined in the Terms of Use);

(g) information that you publicly post via links to social media networks, forums, blogs, message boards, chat rooms or similar functionality is public information that we, or others, may share or use in accordance with the law (please note that if you chose to voluntarily disclose personal information in a public forum or via the Jeench Service, such information will be considered public information and the protections set forth in this Privacy Policy will not apply);

(h) information that you provide if you email, call, contact or communicate with us or our third-party service providers for customer support or other communications, including, without limitation, records and copies of correspondence, responses to surveys for research purposes; and

(i) information provided through Facebook, Twitter, Instagram or other social-media properties, by "following", "liking", adding the Jeench Service, linking your account to the Jeench Service or similar methods, that a third party may pass to Jeench about your use of its service, including, without limitation the user ID associated with your account (for example, your Facebook UID), any information that you have permitted the third party to share with us including contacts or "Friends", and any information you have made public in connection with that service. If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, may be used and stored to make your experience of the Jeench Service more accurate and efficient or to improve the Jeench Service;

(j) information that third parties (such as other proprietors), or owners of Jeench Stores, provide to us when you use our Jeench Services, including information about the purchases you make; and

(k) information from and about the devices you use to access our Jeench Services, including attributes such as the operating system, hardware version, device settings, file and software names, types, battery and signal strength, device identifiers, device locations, specific geographic locations (such as GPS, Bluetooth, WiFi signals), connection information such as the name of your mobile operator or ISP, browser type, language, time zone, mobile phone number and IP address.

The Jeench Service may also collect the following information:

(i) traffic and usage information generated during your use of the Jeench Service, including traffic data, logs, pages you visit, your device’s unique device identifier, mobile network, browser information, operating system, IP address, cookie information, the type of device that you use to access the Jeench Service, and any other communication data arising from your access and use of the Jeench Service;

(ii) in connection with visits or use of the Jeench Service, we may automatically collect information about our users, such as the numbers and frequency of users and their characteristics and information about similar groups of users, certain age groups or users that live in a particular geographical area. This data is only used in the aggregate as a statistical measure and not in a manner that would identify you personally. Aggregate information generally is collected through the use of cookies and beacons;

(iii) when you access or use the Jeench Service, or any portion thereof (including accessing or browsing any Jeench Store), we may collect physical location information that is sufficiently precise to allow us to locate a specific person or device (“Location Information”). We only collect Location Information with your permission (e.g., such as when you agree to provide it to us after you initially access or use the Jeench Service). We may use Location Information and provide it to third parties to provide you with content and Jeench Services that are relevant to a particular location, such as advertising, search results, and directions;

(iv) the Jeench Service may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information; and

(v) We also may use these technologies to collect information about your activities over time and across third-party websites, apps or other online Jeench Services (behavioral tracking).

If you do not want us to collect this information do not download the Jeench Service or delete it from your device.

III. METHODS WE MAY USE TO COLLECT YOUR INFORMATION

We may use one or more of the following tracking technologies, and similar future tracking technologies, to automatically collect information: cookies, local shared objects, web beacons, unique telephone numbers, general log information and referral information from third-party Jeench Services.

“Cookies” are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in the Jeench Service are visited and by how many people. Our cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or your screen name or e-mail address. The “Help” portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. We recommend that you leave the cookies activated because cookies allow you to use many features of the Jeench Service.

“Web Beacons,” also known as an Internet tags, pixel tags, single-pixel GIFS or clear GIFs, link web pages to web servers and their cookies. Web Beacons can be embedded in web pages, videos, or emails, to collect certain types of information from your browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed the content, the IP address of your computer, and the URL of the web page from which the content was viewed.

“Local Shared Objects,” sometimes known as Flash cookies, may be used to store your preferences or display content based upon what you have viewed on various websites to personalize your visit.

Google Analytics. We may use Google Analytics (“Google Analytics”), a web analytics service provided by Google Inc. (“Google”) or other analytics data or tools to help us measure traffic and usage trends for the Jeench Service. Google Analytics uses “cookies.” The information generated by the cookies about your use of the Jeench Service (including your IP address) will be transmitted to and stored by Google on their servers. Google will use this information for the purpose of evaluating your use of the Jeench Service, compiling reports on website activity for website operators and providing other Jeench Services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this, you may not be able to use the full functionality of the Jeench Service. More information about how you can opt-out is in Section 6 (Do Not Track Disclosures) below. By using the Jeench Service, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

IV. HOW WE MAY USE COLLECTED INFORMATION

We may use the information that we collect for any of the following purposes:

(i) to provide, operate, maintain, improve, and promote the Jeench Service, and any other information, products or services that you request from us;

(ii) to enable you to access and use the Jeench Service, including uploading, downloading, collaborating and sharing content, photos, images, videos and information on any Jeench Store, or with other users or third parties;

(iii) to process, verify, and complete transactions, and send you related information, including purchase confirmations and invoices;

(iv) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing, collection and enforcement, and to build a user database;

(v) to send transactional messages, including responding to your comments, questions, and requests; providing customer service and support; sending you technical notices, updates, security alerts, and support and administrative messages; and, when we have location information, we use it to tailor our service for you and others;

(vi) to send promotional communications, such as providing you with information about Jeench Services, features, newsletters, offers, promotions, contests, events and sending updates;

(vii) to monitor and analyze trends, usage, and activities in connection with the Jeench Service and for marketing, advertising, administrative, analytical, research, optimization, and other purposes. For example, we may use statistical analyses of usage data in order to measure interest in the various areas of the Jeench Service, for development purposes and to inform advertisers and partners in aggregate and anonymous terms about consumers who click on their advertising or other messages. IP addresses are also used for systems administration and troubleshooting purposes;

(viii) to investigate and prevent fraudulent transactions, unauthorized access to the Jeench Service, and other illegal activities; and

(ix) to personalize the Jeench Service’s content, features or advertisements.

For personal data that is subject to General Data Protective Regulation 2016/679 (“GDPR”), we rely on several legal bases to use and process your personal data, which include (i) when you have given consent, which you may withdraw at any time by sending an e-mail to support@jeench.com; (ii) when data processing is necessary to perform a contract with you, as the Terms of Use; and (iii) our legitimate business interests, such as improving and personalizing the Jeench Service, marketing new features or products that may be of interest to you, and promoting safety and security of Jeench, the Jeench Service, and our users.

V. HOW WE MAY DISCLOSE COLLECTED INFORMATION

We may share certain information with our advertising partners.

To the extent there any advertisements appearing on the Jeench Service, Ads may be delivered to users by advertising partners, who may set cookies. These cookies allow the applicable ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by the Jeench Service and does not cover the use of cookies by any advertisers, each of whom maintain their own privacy policy.

We may share certain information with our service providers.

We engage service providers to perform functions and provide various services to us, as described below. We may share your private personal information with such service providers subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that the third parties use your private personal data only on our behalf and pursuant to contractual obligations requiring such third parties to maintain privacy and security of your information. Service providers that we may engage include, without limitation those who provide services such as web site hosting, maintenance, payment processing, order fulfillment, IP services, e-mail delivery services, credit card processing, auditing services, legal services and other similar services.

We may share certain information with payment processors to:

(i) process payments;

(ii) prevent, detect and investigate fraud or other prohibited activities; (iii) facilitate dispute resolution such as chargebacks or refunds;

(iv) for other purposes associated with the acceptance of credit or debit cards. We may share your credit or debit card number with payment service providers or card networks to monitor card transactions at participating merchants and track redemption activity for the purposes of providing card-linked services through the Jeench Service.

Our authorized personnel may have access to your personal information. Our employees, agents, contractors or other authorized personnel may have access to user information as necessary in the normal course of our business. Any such parties with access to personal information are bound by confidentiality agreements.

Transfer of information as a result of business transactions and restructurings. In some cases, we may choose to buy or sell assets, or have engaged in discussions with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our users is among the assets transferred. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if the Jeench or substantially all of its assets, were acquired, liquidated, or dissolved, user information would be one of the assets that is transferred.

Government, Law Enforcement or Third Parties. We may disclose any information, including, without limitation, Personal Information that we deem necessary, in our sole discretion and without your prior permission, to comply with any applicable law, regulation, legal process or governmental request. We also may exchange information, including, without limitation, Personal Information, with other companies and organizations to protect the rights, property, or safety of Jeench and its affiliates, personnel, users, third parties, or others.

Social Media Networks. We may include applications or widgets from social media networks that allow interaction or content sharing by their users. These widgets, such as a Facebook “Share” or “Like” button, are visible to you on the web page you visit. Integration between the Jeench Service and social media networks such as Facebook, Twitter and others may allow social media networks in which you participate to collect information about you, even when you do not explicitly activate the network’s application or widget. Please visit the applicable social media network’s privacy policy to better understand their data collection practices and choices they make available to you. The privacy policy of the social media network controls the collection, use and disclosure of all personal information transmitted to that network.

Push Notifications. We may occasionally send you push notifications through our mobile applications to send you updates and other service related notifications that may be of importance to you. You may at any time opt-out from receiving these types of communications by turning them off at the device level through your settings.

VI. HOW YOU MAY OPT OUT FROM HAVING YOUR INFORMATION COLLECTED

We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information.

Choice. In accordance with local law, your controls and choices may include:

(i) you may correct, update and delete your account information, as described below; (ii) you may change your choices for subscriptions and newsletters;

(iii) you may choose whether or not to receive offers from us; and

(iv) you may choose whether you received targeted advertising from us or our partners. How to control certain uses and disclosures of your information.

(i) Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Jeench Service may then be inaccessible or not function properly.

(ii) Location Information. You can choose whether or not to allow the Jeench Service to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the Jeench Service may then be inaccessible or not function properly.

(iii) Promotion by the Company. If you do not want us to use your e-mail address and other contact information to promote our own or third parties' products or Jeench Services, you can opt-out by providing us notice at support@jeench.com.

(iv) Communications. If you do not want us to send you e-mails or otherwise contact you, you can always opt-out of communications by following the instructions we provide to you when we contact you or by e-mailing us at jeench.com domain emails (like info@jeench.com). We may, however, send certain functional or administrative e-mails which pertain to the Jeench Service on a regular basis that you may not (have) opted-out of.

Accessing and Correcting Your Information. If you have an account on the Jeench Service, you can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account or by emailing us at support@jeench.com. For other personal information we hold, we will provide you with access for any purpose including requesting that we correct the data if it is inaccurate or delete the data if we are not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.

VII. SECURITY MATTERS

Security Measures. We have put in place physical, electronic, and managerial procedures designed to help prevent unauthorized access, to maintain data security, and to use correctly the information we collect online. These safeguards vary based on the sensitivity of the information that we collect and store. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Jeench Service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Information security. We work hard to protect the Jeench Service and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular, (i) we encrypt the Jeench Services using secure sockets, (ii) we review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems; and (iii) we restrict access to personal information to Jeench employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. We take the protection of your personal data serious and will continuously use appropriate technical and organizational measures, to protect your personal data against unauthorized or unlawful processing and against accidental loss, destruction or damage. However, because no IT system can be 100% secured, we cannot completely guarantee the security of any personal data we may have collected from or about you.

No Security Guarantees. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Jeench Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide. Although we take appropriate measures to safeguard against unauthorized disclosures of Information, we cannot assure you that Information will never be disclosed, altered or destroyed in a manner that is inconsistent with this Privacy Policy.

VIII. CHILDREN UNDER THE AGE OF 13

The Jeench Service is not intended for children or directed at any individual under 13 years of age. In fact, our Terms of Use expressly prohibit use of the Jeench Service by anyone under the age of 18. We do not knowingly collect or knowingly solicit any information from anyone under the age of 13 or knowingly allow people under the age of 13 to register for the Jeench Service. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at support@jeench.com.

IX. CALIFORNIA PRIVACY RIGHTS AND DO NOT TRACK DISCLOSURES

If you are a California resident, you may have certain additional rights.

Privacy Rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information by us to third parties for the third parties’ direct marketing purposes. California Business and Professions Code Section 22581 permits registered users who are minors to request and obtain deletion of certain posted content. To make any such requests, please email us at support@jeench.com or contact us at the address below.

Do Not Track Disclosures. California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how we respond to “Do Not Track” browser settings. We do not currently take action to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.

X. USERS FROM OTHER JURISDICTIONS

We give you account settings and tools to access and control your personal data regardless of where you live. If you live in the European Economic Area, United Kingdom, and Switzerland (the “Designated Region”), you have several legal rights regarding your information as discussed below.

Accessing Data. You may access your personal information by signing into your account. From there, you can modify or correct your information.

Exporting Data. If you live in the Designated Region, you may access your personal information and you can also download your personal information in a common file format. If you would like us to provide you with information in this manner, please e-mail us at: support@jeench.com.

Deleting Data. If you live in the Designated Region, you can change or delete your personal information in your account settings. Additionally, you may delete your account if you wish. We will use commercially reasonable efforts to honor your requests for deletion, but certain information will actively persist on the Jeench Service even if you close your account, including messages or reviews you posted via the Jeench Service. In addition, personal information may remain in our archives and information you update or delete, or information within a closed account, may persist internally for our administrative purposes, legal compliance reasons, to the extent permitted by law. In addition, we typically do not remove information you posted publicly through or on the Jeench Service. Please note that you or Jeench can delete all copies of information that has been previously shared with others via the Jeench Service.

Objecting or Restricting Data Use. You have the option to control our use of your data. If, after reviewing this Privacy Policy you wish to limit how your infomraiton is visiable to other users or made publicly available, please e-mail us at support@jeench.com.

If you live in a Designated Region, you have the right to object to our processing of your information based on our legitimate interests and the right to object to the use of your information for direct marketing purposes. You may control our marketing communications to you by accessing your account settings. Please note that you can delete your account at any time if you do not want us to use or process your information.

Data Retention. We keep your information, such as your name, e-mail address and phone number for as long as you keep your account in existence. In some instances, we will delete the information you provide to us after it is no longer needed. We also keep information about you and your use of the Jeench Service for as long as it is necessary for our legitimate business interests, for legal reasons, and to prevent harm to you, any third party, or us.

International Users and Data Transfers. If you are located outside of the United States and chose to provide personal information to us, we transfer such personal information to the United States for processing and our service providers may process personal information in the United States or other locations. When we transfer your information to the United States, we will protect it as described in this Privacy Policy. When we transfer personal information from the Designated Region to our service providers and affiliates in the United States, we rely on approved transfer mechanisms, including standard contract clauses approved by the European Commission. You may request a copy of standard contractual clauses relevant to your personal information, if any, using the contact information below.

XI. CONTACT INFORMATION

If you have any questions, feedback or to report a violation regarding the Privacy Policy, you may email us at support@jeench.com or contact us by mail addressed to:

Jeench Inc

P.O. Box 60802
Palo Alto, CA 94306
USA

Delivery Policy

Updated: January 2020

Thanks for purchasing our local sellers' products in the Jeench app operated by Jeench Inc. Jeench app provides delivery services for buyers from the local stores.

The cost for delivery depends on order size and distance traveled by Jeench Inc. couriers. The minimum delivery fee is $8. The maximum delivery fee is unlimited. The delivery distance between the customer’s location and the store’s location is a 5mile radius.

Jeench Inc. couriers deliver purchased orders from the local stores in 10 to 30 minutes after the seller marks orders “Ready for pickup. Remember that stores need additional time to prepare and pack your order.

You have the opportunity to save money for delivery services by purchasing an order with the “self-pickup” option for no additional fee.

You have the option to pay less for delivery services if you opt for an extended delivery time. Or, you could pay extra for fast delivery. Select your preferred option while ordering your purchase.

If the products arrive damaged, rotten or contaminated in any way, please contact directly the store that sold you the items or contact our Customer Support team via email support@jeench.com.

Refund & Return Policy

Updated: January 2020

Thanks for purchasing our local sellers' services and products in the Jeench app operated by Jeench Inc.

Jeench app provides local businesses with a free online presence to sell their products and services, help customers to schedule services, and order products online with delivery from the store. Jeench Inc requires local stores to use their own Refund & Return Policy.

Since each store has its own Refund & Return Policy, Jeench Inc is not responsible for any returns or refunds between a seller and buyer.

All refunds and returns are processed according to the store's policy. Please review the Refund & Return Policy on the “store location page” in the app before making appointment or ordering online.

Refund Policy for Services

You can schedule appointments with any local specialist that provides a service you need with the Jeench app. Canceling or rescheduling is free of charge and has no limits.

If you did not go to a scheduled appointment with a specialist and did not cancel it in advance, the service is not eligible for a refund.

If you are not satisfied with the quality of service provided at the store, please directly contact the store that sold you a type of service or contact our Customer Support team via email support@jeench.com.

Refund Policy for Perishable Products

Due to the nature of local businesses we host in our app and products they sell, items that expire before one month from the date of the purchase are not eligible for a refund.

For other items to be eligible for a refund, return the items you have purchased directly to the local store within 7 calendar days of the purchase. The items must be unopened and in its original condition. Contact the seller’s store directly by phone to get more information.

If the products arrived damaged, rotten or contaminated in any way, please contact us immediately. We will be happy to send a free replacement regardless of its expiration date.

If anything is unclear or you have more questions, feel free to directly contact the store that sold you items or contact our Customer Support team via email support@jeench.com.

Refund Policy for Physical Products

In order to be eligible for a refund, you have to return the product within 30 calendar days of your purchase. The product must be in the same condition that you received it and undamaged in any way.

If the product is damaged in any way, or you have initiated the return after 30 calendar days have passed, you will not be eligible for a refund.

If anything is unclear or you have more questions, feel free to directly contact the store that sold you the items or contact our Customer Support team via email support@jeench.com.