Guidelines and Agreements - Our Terms & Conditions

Terms & Conditions for your use of the Jinius Platform

Welcome to Jinius, a cloud-based, customer-centric technology platform offering a wide range of lifestyle products and services to fulfil daily needs for enterprises and citizens (the Platform).

This document ( Main Agreement), including its Appendices, if any, sets out the terms and conditions for the use of the Platform (altogether Terms and Conditions) and constitutes an agreement between you, meaning the customer of the Platform ( the Customer, you), and Jinius Limited ( the Jinius, we, us). Jinius is part of the Bank of Cyprus Group, meaning the group composed of the Bank of Cyprus Public Company Limited, its subsidiary companies, its ultimate holding company and all subsidiary companies of the Bank of Cyprus Public Company Limited’s ultimate holding company. The terms “holding company” and “subsidiary company” shall have the meaning given to such terms by the Companies Law CAP 113 of Cyprus, as such law may be amended or replaced from time to time.

Please read these Terms and Conditions carefully, as this page contains the conditions applicable to the Customer’s access to, and use of, the Platform, and any web and mobile applications, sites and pages related thereto made available by us (the Services). By using our Services, the Customer signifies its agreement to be bound by these Terms and Conditions. One of these Services is the offering of products, listed for sale by a User, through the Jinius marketplace (the Products).

Any third-party applications, sites and pages made available via the Platform are subject to such third party’s terms and conditions, if applicable.

For the purposes of these Terms and Conditions, Applicable Laws means applicable laws, rules, codes, regulations, formal regulatory guidelines, and standards, made by a regulator, legislature, or other public authority with binding effect in force from time to time (construed having regard to related guidance and codes of practice issued or approved by a regulator or other public body) and applicable to a party and relevant to these Terms and Conditions.

For information regarding our use of personal data, please refer to our Privacy Statement.

If you have any questions, you may contact our customer support team at hey@jinius.com.cy

CUSTOMER ACCOUNT
1. By using the Services, you accept these Terms and Conditions.
2. To use our Services, you may be required to create and be logged into your account through one of the indicated means.
3. If you create an account, this account will be linked to a valid email address.
4. You are responsible for ensuring that the information you provide us with on your account, including contact details, are correct and complete, and for keeping your information up to date on your account. You can access your information on your account. Please see our Privacy Statement and Contact Page for additional information.
5. If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile application. You should inform us immediately at hey@jinius.com.cy if you have any reasons to suspect that the security of your account has been compromised.
6. To the extent permitted by Applicable Law, you agree to accept responsibility for all activities that occur under your account or password, including because of your failure to maintain the confidentiality of your password. All activities carried out under or through your account shall be considered activities carried out by you, unless you have promptly notified us at hey@jinius.com.cy that you believe an unauthorised person has obtained your password or is otherwise accessing or able to access your account.
ACCEPTABLE USE
1. You must not use the Services in any way that:
  (a) causes, or is likely to cause, any Service, or any access to it to be interrupted, damaged or impaired in any way;
  
  (b) violates any Applicable Laws;
  
  (c) encourages, promotes, facilitates, or instructs others to engage in violence, racial intolerance, the financial exploitation of a crime or other illegal activity;
  
  (d) misrepresents your identity or affiliation with any person or entity;
  
  (e) infringes or violates the intellectual property or privacy rights of Jinius or any third party;
  
  (f) harms, disrupts, or otherwise engages in an activity that diminishes the Services;
  
  (g) modifies, translates, adapts, edits, copies, decompiles, disassembles or reverse engineers any software used or provided by us in connection with the Services;
  
  (h) transmits unsolicited email ("spam"), email bombing or email forging;
  
  (i) causes any kind of network attack, including without limitation denial of service (DOS) attacks, crawling external networks and intentional overloading of other networks;
  
  (j) collects, sells, or processes personal information without explicit permission of that person(s);
  
  (k) involves the distribution of information that is false, inaccurate, misleading, defamatory, libelous, threatening, obscene, offensive, sexually explicit, harmful to minors or otherwise inappropriate;
  
  (l) contains information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  
  (m) interferes with any other party's ability to use the Services.
2. We reserve the right to refuse access to the Services, terminate your account or remove or edit content if you are in breach of Applicable Laws, these Terms and Conditions or any other applicable terms and conditions, guidelines, or policies.
JINIUS AND USERS OR PARTNERS – RESPECTIVE ROLES
1. Via the Platform, we allow certain third parties with which we have contractual arrangements in place (Users or Partners) to offer their Products and services to you. In each such case, this is indicated on the respective Product detail page. While we offer the Platform on which the transactions take place, we are not involved in the actual transaction between you and the User or Partner. At no point in time, do we have possession of any such Products and services.
2. Any contract for the provision of Products or services offered by a User or Partner is directly between you and said User or Partner. We are not a party in that contract, we do not assume any responsibility arising out of or in connection with it (e.g., regarding the delivery of Products and services, refunds, etc.), and, unless explicitly stated otherwise herein, we are not the User’s or Partner’s agent.
3. Unless expressly stated otherwise, the Users or Partners on the Platform are considered to be traders. Title to and risk of loss of the ordered Product shall remain with the User or Partner until the delivery to the Customer has been completed.
4. The User or Partner is at all times responsible for the provision of its Products and services and for dealing with any customer claims or any other issue arising out of or in connection with the contract between the buyer and User or Partner.
5. All queries relating to the ordering of Products must be directed to the User or Partner through the Platform.
RIGHT OF WITHDRAWAL
1. If you buy a Product or a service from a professional trader, as defined in the EU Directive 2011/83 on consumer rights, subject to Applicable Laws, you may have the right of withdrawal without any reason within 14 days:
  (a) from the day of the conclusion of the contract in the case of service contracts;
  
  (b) from the day on which you receive the Product; or
  
  (c) in the case of multiple Products ordered by you in one order and delivered separately, from the day on which you receive the Product; or
  
  (d) in the case of delivery of a Product consisting of multiple lots or pieces, from the day on which you receive the last lot or piece of the Product; or
  
  (e) in the case of contracts for regular delivery of goods during defined period of time, from the day on which you receive the first Product.
2. In case of an order of Products, the Product must be returned to the User or Partner whereby the costs of such return shall be borne by the Customer, unless otherwise indicated on the Platform.
3. You must inform the User or Partner of your exercise of the right of withdrawal before the end of the above 14-day period through the Platform. You must send back the Product to the User or Partner or hand it over to a person authorised by the User or Partner to receive the Product, without undue delay and in any event not later than 14 days from the day on which you communicated your decision to exercise your withdrawal right.
4. You will be reimbursed by the User or Partner without undue delay and, except as set out in this clause, by no later than 14 days from the day on which the User or Partner received your communication on the cancellation of the order. For such reimbursement, the same means of payment as you used for the initial transaction will be used, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. The User or Partner may withhold reimbursement until they have received the Product back or you have supplied evidence of having sent back the Product, whichever is the earliest.
5. The Customer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
6. In no event can Jinius be liable for any loss or damages related to the exercise of the right of withdrawal.
PAYMENT
1. Specific payment obligations may apply for you on the Platform.
2. The Platform makes use of a third-party payment service provider, and you may need to place any transactions using the checkout system of such third-party payment service provider. All transactions are between you and the User or Partner. You will be informed of which payment cards or alternative payment methods are accepted on the Platform when payment is due.
3. If there is an issue with charging your selected payment method, we may charge any other valid payment method associated with your account. Your payment options may be managed on the Platform. If no other valid payment method can be charged, the envisaged Services subject to the payment will be cancelled.
INTELLECTUAL PROPERTY
1. We own, or are the licensee to, all right, title and interest in and to all content made available through the Services. All content made available through the Services embodies intellectual property rights protected under international copyright, author’s right, and database rights laws. All title, ownership and intellectual property rights in the content made available through the Services shall remain with us, our affiliates, or licensors, as the case may be.
2. Save for what is explicitly permitted under Applicable Laws or approved by us in writing, you may not (i) extract and/or re-utilise parts of the content of the Services, (ii) utilise any data mining, robots or similar data gathering and extraction tools to extract for re-utilisation any substantial parts of the content of the Services, or (iii) create and/or publish your own database that features substantial parts of our Services (e.g., prices and listings).
3. The name “Jinius” and all related icons and logos are registered trademarks or trade dress of ours. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or third parties or in any manner that disparages or discredits us. All other trademarks not owned by us, that appear in the Services, are the property of their respective owners, who may or may not be affiliated with or connected to us.
4. You shall not use the name, logo, trademarks or tradenames of Jinius, refer to Jinius in any publicity release, promotional material, customer or partner list, advertising, or marketing or business-generating effort, whether written or oral, without the prior written consent of Jinius.
CLAIMS
1. If you believe that your rights have been infringed, please notify us by submitting your complaint on our online Contact Form and we will respond. This form may be used to report all types of claims, including, but not limited to, intellectual property claims. For more information, please refer to the respective Complaints Management Policy.
2. Upon receipt of a complaint, we may take certain actions, including removing information or an item and terminating or suspending infringers accounts in appropriate circumstances. All such actions are taken without any admission as to liability and without prejudice to any rights, remedies, or defences, all of which are expressly reserved. In this context, we may forward the complaint to the parties involved in the provision of the allegedly infringing action. You agree to indemnify Jinius for all claims brought by a third party against Jinius arising out of or in connection with the submission of a complaint.
COMMUNICATION AND CONTENT
1. Customers may post reviews, comments and other content; as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. We reserve the right to remove or edit such content.
2. Subject to what is determined in our Privacy Statement with regard to personal data, if you post content or submit material, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such information), irrevocable, royalty-free and sublicensable right to use, copy, distribute, modify and create derivative works on the information, and the you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the information and/or content. To the fullest extent permitted under Applicable Laws, you waive your moral rights in such information and promises not to assert such rights or any other intellectual property rights you have in such information against us, our sublicensees our assignees.
3. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Jinius including the execution of deeds and documents, at our request.
4. As part of the Services, we will recommend applications, products and services that may interest you, determine your preferences and personalize your experience.
5. When you use the Services or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the Platform or through the Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures, and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless Applicable Laws specifically require a different form of communication.
6. We do not guarantee that any of the content provided by third parties through the Services is accurate, complete, or up to date. We are not responsible for examining or warranting the listings or content provided.
7. The hyperlinks made available through Services directing users to websites or app pages of third parties do not engage our liability for the content of such websites or app pages. We have no control over the content of any third party’s website or app page, which remains entirely independent of us. The existence of a link between a website or app page operated by us and a third party’s website or app page does not mean that we approve of the content of such third party’s website or app page and, in particular, the potential use of the content on such third party’s website or app page. The Customer will bear all risks associated with the use of such third party’s website or app page, and the Customer will be solely responsible for complying with the third party’s terms of use.
REPRESENTATION AND WARRANTIES
1. You represent and warrant that:
  (a) you own or otherwise control all of the rights to the content that you post;
  
  (b) such content does not violate the intellectual property rights of Jinius or of any third party;
  
  (c) you will not upload any pictures that contain branding; and
  
  (d) as at the date that the content or material is posted:
  
  (i) the content and material are accurate; and
  
  (ii) the use of the content and material you supply does not breach any applicable policies or guidelines of Jinius and will not cause injury to any person or entity (including that the content or material is not defamatory).
INDEMNIFICATION

You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when we are notified of the illegal nature of the content arising out of or on the grounds of, or originating from, the content that you have communicated to us.
BREACHES
1. In addition to any other remedies available to us, if we have reasonable grounds to believe that you are violating these Terms and Conditions or any Applicable Laws, we may:
  (a) immediately suspend or terminate your account and your use of the Services if you have breached these Terms and Conditions or is breaking Applicable Laws when using our Services; or
  
  (b) impose other restrictions on your use of the Services, as we reasonably think appropriate in light of the circumstances.
2. We may cooperate fully with governmental authorities, law enforcement bodies and/or injured third parties (such as Partners) in the investigation of any suspected criminal or civil wrongdoing. To the extent permitted by Applicable Law, we may disclose your identity and/or information relating to your account, transactions or activities if requested by a governmental authority, law enforcement body or injured third party or as a result of legal action. We shall not be liable for damages arising from such disclosure.
LIABILITY
1. We will do our utmost best to ensure that availability of the Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. In addition, your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. We will use all reasonable care in providing the Services to you. Otherwise, to the extent permitted by law, we exclude any warranties or representations regarding the Services.
2. In addition, we are liable for negligent breach of essential obligations. Essential are those obligations the breach of which puts at risk the achievement of the contractual purpose, or the performance of which enables the fulfilment of the contract and is regularly trusted on by you. In this case, we are only liable for foreseeable damage typical of the contract. We are not liable for negligent breach of any other obligations than those mentioned in the previous sentences.
3. The aforementioned limitations of liability do not apply for damages from injury to life, body or health, for a defect after a guarantee for the condition of the product or for fraudulently concealed defects.
4. To the extent the liability of Jinius is excluded or limited, such exclusion or limitation also applies to the employees, legal representatives or vicarious agents of Jinius.
5. In no event can Jinius be liable for any loss or damages related to the ordering or sales of Products on the Platform.
DISCLAIMER

THE PLATFORM AND ANY RELATED SERVICES, WEBSITES, SOFTWARE AND SYSTEMS ARE PROVIDED ON AN “AS IS” BASIS. NEITHER JINIUS NOR ITS AFFILIATES OR THEIR SERVICE PROVIDERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (i) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, (ii) THAT THE PLATFORM OR ANY RELATED SERVICES, WEBSITE, SOFTWARE OR SYSTEM WILL MEET THE CUSTOMER’S REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR, AND (iii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, JINIUS AND ITS AFFILIATES AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL SUCH WARRANTIES.
ALTERATIONS TO THESE TERMS AND CONDITIONS

We reserve the right to make changes to the Services, policies and Terms and Conditions at any time. Your continued use of the Services will be considered acceptance of the adapted policies and Terms and Conditions. You will be subject to the policies and Terms and Conditions in force at the time that you use the Services. If any of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining Terms and Conditions.
ASSIGNMENT

The Customer may not transfer or assign any of its rights and obligations under these Terms and Conditions without our prior written consent.

We reserve the right to transfer, assign or novate these Terms and Conditions or any right or obligation under these Terms and Conditions, at any time and without the Customer’s consent and if permissible by Applicable Laws. This does not affect the Customer’s right to terminate its account in accordance with Clause 16 (Termination and Suspension).
TERMINATION AND SUSPENSION

Without prejudice to Clause 11 (Breaches), we may end our agreement with the Customer, and close the Customer’s account or any service associated with it, for any reason by giving the Customer at least two (2) months’ notice before doing so

The Customer may terminate these Terms and Conditions and close its account at any time, by giving a one (1) month notice via an email to hey@jinius.com.cy with the related request.

The Customer may not use any part of the Services after its agreement with us has ended.

We may refuse, suspend, or terminate access to the Customer’s account or the Services with immediate effect if we reasonably suspect that:

(a) the Customer has made false representations in its account information,

(b) the Customer has otherwise acted fraudulently,

(c) the Customer’s account use is in breach of Clause 2 (Acceptable Use),

(d) the Customer is in breach of these Terms and Conditions, Applicable Laws, or any other applicable terms and conditions, guidelines, or policies, or

(e) the security of the Customer’s account has been compromised.

Upon termination of our agreement with the Customer and the closing of the Customer’s account or any service associated with it, we may retain documents and material containing, reflecting, incorporating, or based on the Customer’s data, to the extent required by law or any applicable governmental or regulatory authority, for a minimum of 5 years from the termination of our agreement with the Customer.

Any termination will be without prejudice to the rights and obligations of either party in respect of any prior claim or breach of any of the provisions of these Terms and Conditions. Any rights and obligations that, by their nature, are intended to survive, including without limitation payment or customer service obligations, shall survive the termination of these Terms and Conditions.
SEVERABILITY

If any provision of these Terms and Conditions is held to be unlawful, void, invalid or otherwise unenforceable, this shall not affect the validity of any other provision in these Terms and Conditions. In case any provision of these Terms and Conditions is or becomes invalid as a result of changing legislation, the validity of the remaining provisions shall not be affected thereby.
WAIVER

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms and Conditions shall be effective only if in writing and signed by our authorized representative.
CHILDREN

We do not sell products for purchase by children, i.e., persons who have not yet reached the age of 18. We sell children's products for purchase by adults.
CONTACT

JINIUS LTD
51 Stasinou Street, 2002, Nicosia, Cyprus
T: +357 22363300
E: hey@jinius.com.cy

For any complaints, comments, or suggestions regarding the Services, or to exercise any of your rights hereunder, please contact hey@jinius.com.cy.
GOVERNING LAW AND JURISDICTION
1. Any dispute, claim or controversy arising under or in connection to these Terms and Conditions shall be governed and construed in all respects by the laws of the Republic of Cyprus.
2. The courts of the Republic of Cyprus have exclusive jurisdiction to settle any dispute, claim or controversy arising out of or in connection with these Terms and Conditions.
PROMO CODES

By using a promo code, you agree to abide by these Promo Code Terms and Conditions. If you do not agree with any of these terms, please refrain from using the promo code.

Except where otherwise specified in these Promo Code Terms and Conditions, the Promo Code Terms and Conditions shall be read in conjunction and shall form an inseparable part of the Terms & Conditions for your use of the Jinius Platform. In case of inconsistency between the Terms & Conditions for your use of the Jinius Platform and these Promo Code Terms and Conditions, the latter shall prevail in relation to their subject-matter.
1. Promo codes are applicable only on purchases made through the Jinius Marketplace.
2. Each promo code may have additional terms and conditions associated with it, which will be specified on the promo code itself or the relevant promotion.
3. Promo codes are valid for a limited time only, unless explicitly stated otherwise. Promo codes must be used within the validity period mentioned on the promo code or relevant promotion terms. Expired promo codes will not be honored.
4. If the qualifying items added to your cart are not purchased when the promo code is in effect, the discount will not apply, and the final price will be amended accordingly.
5. Each promo code cannot be combined with any other offers unless explicitly stated.
6. Promotion may not be applicable to certain products or categories as determined by Jinius Marketplace and will be specified on the promo code or related promotion terms.
7. To redeem a promo code, the promo code must be entered in your cart during the checkout process. Once applied, the discount will be reflected in the final price.
8. Promo codes are non-transferable and cannot be exchanged for cash or any other form of currency.
9. Each promo code is limited to one use per customer/account unless otherwise stated in the related promotion terms.
10. If any of the items purchased with a promo code are returned, the promo code discount or value will be subtracted from the return credit.
11. If an order made using a promo code is cancelled or refunded, the promo code amount will not be refunded unless explicitly stated otherwise.
12. Applicable shipping and handling charges apply to all products.
13. Consumer is required to pay any applicable sales tax related to the use of the promo code.
14. Promo codes will automatically be considered void if it they are found to be restricted or prohibited by any applicable law.
15. Jinius reserves the right to modify or cancel promo codes or the related promotion at any time without prior notice. Once a modification or cancelation takes place you will be properly notified by Jinius to the extent that you will be affected by such modification or cancelation.
16. Jinius reserves the right to cancel any order that appears to be fraudulent or in violation of these terms and conditions.
17. To the extent permitted by applicable law, Jinius makes no representations and does not provide any guarantees regarding the promo codes.
18. To the extent permitted by law, Jinius shall not be liable for any loss or damage to any person or property that may arise, directly or indirectly, in whole or in part, from the acceptance and/or use of the promo code.
19. Information about the processing of personal data, rights and other important information regarding the security and use of personal data, can be found in Jinius' Privacy Statement.
20. These Terms and Conditions are governed by the laws of the Republic of Cyprus.
21. These Promo Code Terms and Conditions should be read in conjunction with each promotion's specific Terms and Conditions which can be found under Promotional Campaigns.
For any queries regarding promo codes, please contact Jinius customer support at hey@jinius.com.cy.

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