Terms of Service

Last Modified: 2/1/25

Welcome to JITANA and thank you for shopping with JITANA (referred to as “us”, “we”, or “our” as the context may require). We want to ensure that you have the best shopping experience possible, which is why we believe it's important for you to be aware of and carefully understand all of our Terms of Service, together with any documents they expressly incorporate by reference, including our Website and APP Terms of Use, Terms & Condition of Sales, Giveaways Terms & Conditions, Exchange & Return Policy and our Privacy Notice (collectively, these “Terms of Service”).

THESE TERMS OF SERVICE GOVERN YOUR ACCESS TO AND USE OF JITANAJEANS.COM, INCLUDING ANY CONTENT, FUNCTIONALITY, SERVICES, OR PURCHASES, OFFERED ON OR THROUGH THE WEBSITE (THE “WEBSITE”), THE JITANA MOBILE APPLICATION (THE “APP”), OR LIVE IN ONE OF OUR STORES (EACH, A “STORE”) (COLLECTIVELY, OUR “SALES CHANNELS”), WHETHER AS A GUEST OR A REGISTERED USER. BY PLACING AN ORDER ON OUR WEBSITE OR THROUGH OUR APP, OR BY PURCHASING OUR PRODUCTS AT A STORE, YOU’RE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE, WHICH CONSTITUTE AN AGREEMENT BETWEEN JITANA LLC AND YOU.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF SERVICE CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS TO RESOLVE CLAIMS. PLEASE SEE THE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) FOR COMPLETE DETAILS AND REVIEW CAREFULLY.

WEBSITE AND APP TERMS OF USE

Your access to the Website and App is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (our Terms of Use). Please read our Terms of Use carefully before you start to use the Website or App. Your use of, and/or access to, the Website and App constitutes your agreement to the Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website or App.

Our Website and App is offered and available to users who are 18 years of age or older. By using the Website or App, you represent and warrant that you are of legal age to form a binding contract with JITANA. Users who are under the age of 18 may only make purchases with permission from their parent or legal guardian. If you do not meet this requirement, you must not access or use the Website or App.

Changes to the Terms of Use

We reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review the Terms of Use so you are aware of any changes, as they are binding on you. Your continued use of the Website or App following the posting of revised our Terms of Use means that you accept and agree to the changes.

Access to and use of the Website or App

Please be aware that sometimes, websites and applications can have interruptions and undergo construction periods, therefore, we cannot be responsible for any delays or interruptions to the availability of the Website or App or the functionality made available on or through them. We will use commercially reasonable efforts to minimize delays and interruptions. However, we cannot warrant that the Website or App will be available at all times or at any given time. We reserve the right to withdraw or amend our Website and/or App, and any products we provide on or through our Website and App, in our sole discretion without notice. You are responsible for:

Making all arrangements necessary for you to have access to the Website or App.
Ensuring that all persons who access the Website or App through your internet connection are aware of these Terms of Use and comply with them.

To make a purchase on or through the Website or App, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or App that all the information you provide on the Website or App is correct, current and complete. You agree that all information you provide to register with this Website or App or otherwise, including but not limited to through the use of any interactive features on the Website or App, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures for access and use of your account on or through our Website and App, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or App or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Prohibited Conduct

In relation to the Website or App, you may only use the Website or App only for lawful purposes and in accordance with these Terms of Use. You must not:

Use the Website or App for any activities post, or transmit via the Website or App, any information or materials which breach any laws or regulations, infringe on third parties’ rights, or that are contrary to any relevant standards or codes;
Use the Website or App for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, such as exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
Use the Website or App to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website, App or the Internet;
Use the Website or App to send unsolicited email messages, including advertising, or promotional material, such as “junk mail”, “chain letter” or “spam” or any other similar solicitation.
Use the Website or App to impersonate or attempt to impersonate JITANA, an JITANA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
Use the Website or App to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use;
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or App, or which, as determined by us, may harm JITANA or users of the Website or App or expose them to liability.

Additionally, you agree not to:

Use the Website or App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or App, including their ability to engage in real time activities through the Website or App.
Use any robot, spider or other automatic device, process or means to access the Website or App for any purpose, including monitoring or copying any of the material on the Website or App.
Use any manual process to monitor or copy any of the material on the Website or App or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website or App.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or App, the server on which the Website is stored, or any server, computer or database connected to or used by the Website or App.
Attack the Website or the servers used by the App via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website or App.
Attempt any of the above acts or facilitate or assist another person to do any of the above acts.

Intellectual Property

The Website or App and all materials on the Website or App, including the content, features, functionality, (including but not limited to all software, information, design, text, images, videos and graphics, and the selection and layout of the Website or App) are owned or under license by JITANA and protected by international copyright, trademark, patent, trade secret and other IP laws.

These Terms of Use permit you to view and use the Website and its contents, using your web browser, and the use the App, for your personal, non-commercial use only. When visiting the Website or App, you may make a temporary copy of the Website or App through the usual operation of your web browser only. You may download a single copy of the App to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

Except as described in the Linking to the Website and Social Media Features section of these Terms of Use, You are strictly prohibited from (i) reproducing or using any of the material on the Website or App for commercial purposes, including sales; (ii) in any way modifying any material on the Website or App, or (iii) cause any of the material on the Website to be framed or embedded in another website for the purpose of selling or promoting your own products and services. In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website or App in any way, except as expressly provided for by us in these Terms of Use or expressly authorized in writing by us. If you commit any of the above acts, we will not hesitate to enforce our intellectual property rights against you.

Trademarks

The JITANA name, the terms JITANA, the JITANA logo and all related names, logos, product and service names, designs, and slogans are trademarks of JITANA or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on this Website and App are the trademarks of their respective owners. Your use of the Website or App does not grant you a license or act as a right of the use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the Website or App, without the express written permission of JITANA or the trademark owner.

User Contributions

The Website or App may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials, such as product reviews (collectively, “User Contributions”) on or through the Website or App.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website or App will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or App, you grant us and our affiliates the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not JITANA, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or App.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or App or the public or could create liability for JITANA.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or App.
Terminate or suspend your access to all or part of the Website or App for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App. YOU WAIVE AND HOLD HARMLESS JITANA AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JITANA OR ITS AFFILIATES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER JITANA OR ITS AFFILIATES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website or App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
Be likely to deceive any person.
Promote any illegal activity or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website or App infringe your copyright, you may request removal of those materials (or access to them) from the Website or App by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website or App, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
Include both of the following statements in the body of the DMCA Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Our designated Copyright Agent to receive DMCA Notices is:

Name:
Address:
Phone:
Email: hello@jitanajeans.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website or App is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Reliance on Information Posted

The information presented on or through the Website or App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or App, or by anyone who may be informed of any of its contents.

This Website or App may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by JITANA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of JITANA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Linking to the Website and Social Media Features

You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website or App may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on the Website or App to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not take any action with respect to the materials on the Website or App that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Third-party links

The Website or App may contain hyperlinks and other pointers to websites operated by third parties (“Linked Websites”). We do not control Linked Websites and are therefore not responsible for the content you see from these external links. We provide the hyperlinks for your convenience only and do not indicate any endorsement, sponsorship or approval by us of a Linked Website or the products and services offered at Linked Websites. You visit Linked Websites entirely at your own risk.

We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations concerning the suitability of goods and/or services offered to you via a Linked Website.

Spam Statement

JITANA complies with all obligations under any relevant US Spam legislation and regulations.

For that purpose, we have created an internal policy to educate staff and implement clear guidelines and rules in relation to the spread of commercial electronic messages. In addition, we assure you that we will not use address-harvesting software for any reason whatsoever.

You may also at any time unsubscribe from any mailing list to which you have previously subscribed. You can do this by following the instructions on the bottom of any email, or just let us know, using the “Contact Us” link on our Website or App.

To help us comply with our obligations, we request your assistance with the following:

If you receive an unauthorized commercial message, which appears to originate from an JITANA email address, please assume that it has been sent in error and notify us immediately by using the “Contact Us” link on our Website or App.
Please ensure that you unsubscribe from any of the JITANA mailing lists if you choose to no longer receive electronic commercial messages from JITANA or its contracted third parties.

Indemnity

By using the Website or App, you agree to indemnify and hold harmless, JITANA from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (including reasonable attorneys’ fees) (whether in tort or contract including and without limitation, negligence) arising out of or in any way connected to your violation of these Terms of Use or your use of the Website or App, including, but not limited to, your User Contributions, any use of the Website or App content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or App.

Disclaimer

Applicable consumer protection laws and regulations may grant you with rights and remedies relating to the provision of products to you, by us via, our Website or App which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights:

Your use of the Website or App, its content and any services (not including clothing items) obtained through the Website or App is at your own risk. The Website or App, its content and any services obtained through the Website or App (not including clothing items) are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
We disclaim all warranties of any kind related to your use of the Website or App including, but not limited to, warranties of acceptable quality and fitness for a particular purpose;
We cannot guarantee that the functions contained in any material on the Website or App, or your access to the Website or App will be uninterrupted or error-free.
We cannot guarantee that any defects on the Website or App will be corrected, or that the Website or App or the server which stores and transmits material to you, are free of viruses or any other harmful components;
We do not warrant or make any representation regarding your access to, or the results of your access to, the Website or App including its correctness, accuracy, timeliness, completeness, reliability or otherwise;
We cannot guarantee that any products obtained through the Website or App will otherwise meet your needs or expectations.

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damages, costs, or expenses, whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website or App.

We do not exert control over users of the internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to our Website and App.

JITANA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND APP, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT WILL JITANA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR APP, ANY WEBSITES LINKED ON OR THROUGH THEM, ANY CONTENT ON THE WEBSITE OR APP OR SUCH OTHER WEBSITES OR ANY ITEMS (OTHER THAN CLOTHING ITEMS) OBTAINED THROUGH THE WEBSITE OR APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Termination

At our discretion, the Terms of Use are effective until terminated by us, we may do so at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use, and limitations of liability set out in the Terms of Use, will survive.

Miscellaneous

It is your responsibility to stay up to date with the Terms of Use. If we suffer loss or damage, incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained on or through the Website or App may not be legal for certain persons or in certain countries. If you access the Website or App, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not explicitly granted in the Terms of Use are reserved.

If we do not act with regard to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

Applicable Law

All matters relating to the Website or App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed under the laws of the State of Delaware. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Delaware and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

In the event of any dispute or claim involving intellectual property, or in the event the arbitration described below is not available or upon mutual agreement of both parties to waive arbitration, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website or App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Dispute Resolution

PLEASE READ THIS ENTIRE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) CAREFULLY, AS IT INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS.

THE PROCEDURES AND OTHER TERMS SET FORTH IN THIS DISPUTE RESOLUTION SECTION APPLY TO ANY AND ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND JITANA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES, REGARDLESS OF WHEN SUCH CLAIM AROSE (EACH, A “CLAIM”), INCLUDING BUT NOT LIMITED TO: CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, TO THE USE OR ACCESS THEREOF, TO OUR ADVERTISING, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD BY JITANA AND/OR TO THESE TERMS AND CONDITIONS; CLAIMS THAT AROSE BEFORE THESE TERMS AND CONDITIONS OR ANY PRIOR VERSION OF THESE TERMS AND CONDITIONS; CLAIMS THAT ARE OR WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING PURPORTED CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS AND CONDITIONS.

The provisions of this Dispute Resolution section apply to you and JITANA and its affiliates and related entities. This entire Dispute Resolution section shall survive termination of this agreement or the parties’ relationship or the end of your use of the Website.

MANDATORY INFORMAL PRE-SUIT RESOLUTION

JITANA values our customers and seeks to resolve disputes informally where possible. Before filing any lawsuit relating to a Claim, you agree to first send a detailed notice (“Notice”) to JITANA by email at hello@jitanajeans.com within the applicable statute of limitations. Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone numbers; (4) your email address; (5) information sufficient for JITANA to identify any transaction and/or product at issue (e.g., your order number, order confirmation communication, SKU number, etc.); and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.

Likewise, JITANA agrees that if we have a dispute with you, we will first send a detailed Notice to your e-mail address on file with us. JITANA’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue; and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it.

You and JITANA agree to negotiate in good faith, for a period of at least 60 days from the date of the Notice, in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should JITANA request a telephone conference with you in an effort to resolve your claim as part of this informal process, you agree to personally participate (with your counsel if you are represented). Compliance with and completion of this Mandatory Informal Pre-suit Resolution process is a condition precedent to filing any lawsuit or serving an arbitration demand. You and JITANA agree that any action commenced in court or arbitration without first exhausting the Mandatory Informal Pre-Suit Resolution process shall be defective and subject to dismissal at the cost of the party found to have prematurely commenced the action. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. A court shall have the authority to enjoin the filing of any lawsuit concerning a Claim without first providing a Notice or other participating in good faith in this Mandatory Informal Pre-Suit Resolution process.

CLASS ACTION WAIVER; JURY TRIAL WAIVER; WHERE PERMISSIBLE, CLAIMS SHALL BE BROUGHT IN COURT ON AN INDIVIDUAL BASIS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND JITANA AGREE THAT ANY CLAIM RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS; CLASS ACTIONS AND ANY OTHER CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY SUCH ACTION. You agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. Class actions, private attorney general actions, and other consolidated actions are not allowed. Claims regarding the enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.

Together, the terms in the preceding paragraph shall be called and operate as the “Class Action Waiver.”

WHERE PERMISSIBLE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Claims must be brought in court, and only on an individual basis in accordance with the Class Action Waiver. To the extent permissible under applicable law, any such cases shall be decided by a judge and not a jury; the Parties mutually waive their right to have their Claim decided by a jury.

Solely in the context of arbitration, and as specified in the Arbitration Clause subsection below, if any court or arbitrator determines that this Class Action Waiver is void, unenforceable, or that an arbitration can proceed on a class basis for any other reason, then the Arbitration Clause set forth in this Dispute Resolution section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.

ARBITRATION CLAUSE

In jurisdictions where applicable law prohibits the Class Action Waiver from applying to Claims brought in Court, the CLAIM SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT.

THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS ARBITRATION CLAUSE. BY AGREEING TO ARBITRATION, YOU AND JITANA ARE NOT LIMITING IN ANY WAY EITHER OF OUR STATUTORY OR COMMON LAW RIGHTS OR POTENTIAL REMEDIES TO WHICH EITHER OF US WOULD BE ENTITLED TO IF OUR CLAIM WERE INSTEAD BEING HEARD IN A COURT.

ANY ARBITRATION WILL BE ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) AND GOVERNED BY NAM’S APPLICABLE RULES (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) ("NAM Rules"), as modified by these Terms and Conditions. You may obtain a demand form to initiate arbitration as set forth in the NAM Rules available online at www.NAMADR.com, by emailing NAM at commercial@namadr.com, or by requesting them in writing at the Notice address; this demand form, along with a certification under penalty of perjury of compliance with the Mandatory Informal Pre-Suit Resolution process, must both be personally signed by the party initiating arbitration (and their counsel, if represented) and a copy must be sent to JITANA. You and JITANA agree that any counsel representing a party in arbitration must comply with the requirements of Federal Rule of Civil Procedure 11(b), and that the arbitrator may impose any sanctions against all appropriate represented parties and counsel if he or she determines a claim is frivolous.

The arbitration shall occur through the submission of documents to one arbitrator. If the Arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference. If the Arbitrator determines that an in-person hearing is necessary, the hearing will take place in the United States county where you live or work or such other location agreed upon by both parties. You and JITANA will select an arbitrator or hearing officer(s) after commencement of the action in accordance with NAM’s rules and procedures.

If you and JITANA cannot submit a joint pre-hearing and hearing schedule, each party will submit their own schedule to NAM. You and JITANA will submit a joint pre-hearing and hearing schedule to the hearing officer(s) within the earlier date of (a) 7 days prior to the hearing or (b) 14 days following the arbitrator’s appointment. If only one schedule is submitted, that schedule will be delivered to the arbitrator for his or her consideration. The arbitrator may adopt the schedule submitted by one party in the absence of a competing or joint schedule.

Payment of all filing, administration and arbitrator fees will be governed by the NAM rules and applicable fee sheet, as determined by NAM. All issues relating in any way to arbitration—including the applicability, scope, and enforceability of the arbitration provisions of these Terms and Conditions—are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision on all procedural and substantive issues is binding only between you and JITANA and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

You and JITANA shall each be limited to a maximum of one (1) fact witness deposition per side, unless we agree otherwise or the arbitrator determines that more depositions are warranted based on the totality of circumstances (including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the Claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery). Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as "all documents directly or indirectly related to"; and shall not be encumbered with extensive "definitions" or "instructions." The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.

In any arbitration, the defending party may make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an award on the Claim. If the award is issued in the defending party's favor, or in the other party's favor but is less than the defending party's settlement offer, then the other party must pay the defending party's costs incurred after the offer was made, including any attorney's fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the Claim may be entitled for the cause of action under which it is suing.

SPECIAL PROCEDURES FOR MASS FILINGS

To the extent an arbitration falls within NAM’s definition of a mass filing, you and JITANA agree to the additional procedures set forth below and in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules," available at https://www.namadr.com/resources/rules-fees-forms). Any applicable limitations period (including statute of limitations) shall be tolled beginning when the Mandatory Informal Pre-Suit Resolution process is initiated, until the Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

Counsel for each side shall select 25 Claims (50 Claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless you and JITANA agree otherwise in writing. No administrative fees will be assessed in connection with any remaining Claims, unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, you and JITANA shall promptly engage in a global mediation session of all remaining Claims with a retired federal or state court judge, unless the parties agree otherwise.

If the remaining Claims are not resolved at this time, counsel for the parties shall each select an additional 25 Claims per side (50 Claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. This process shall continue, consistent with this staged process set forth above in this subsection, by administering and moving forward a maximum of 50 individual arbitration proceedings at a time until the parties are able to resolve all of the Claims, either through settlement or arbitration.

NOTWITHSTANDING THE PROVISIONS HEREIN, IN MASS FILINGS CONSISTING OF MORE THAN 50 CLAIMS TOTAL, EITHER PARTY MAY OPT OUT OF ARBITRATION AND ELECT TO HAVE THE CLAIMS HEARD IN COURT.

A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the allocation of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with the remainder of these Terms of Use.

EXCEPTIONS

Notwithstanding the parties’ agreement to resolve all Claims through arbitration (i) either you or JITANA may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; and (ii) either you or JITANA may bring suit in court to enjoin infringement or other misuse of intellectual property rights or confidential information. The route to small claims court shall only be the result of a direct filing by you or JITANA. As set forth above, a Claim commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration.

Time Limits

To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY CLAIM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a Claim is considered commenced at the time the Notice (defined above) is sent. To the extent a Claim is filed in court or arbitration without first providing such Notice (which would be contrary to these terms, as set forth above), the Claim is deemed commenced at the time of such filing.

Entire Agreement

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and JITANA with respect to the Website or App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website or App.

Your Comments and Concerns

This Website or App are operated by JITANA LLC. All feedback, comments, requests for technical support and other communications relating to the Website or App should be directed to: hello@jitanajeans.com.

TERMS & CONDITIONS OF SALES

These terms and conditions, together with any documents they expressly incorporated by reference (these “Terms and Conditions”), apply to the purchase and sale of our products on or through our Sales Channels. By placing an order on our Website or through our App, or by purchasing our products at a Store, you’re agreeing to be bound by these Terms and Conditions, which constitute an agreement between JITANA LLC and you.

These Terms and Conditions are subject to change by us without prior written notice at any time, at our sole discretion. Any changes to the Terms and Conditions will be in effect as of the “Last Updated Date” referenced on the Website or in the App or on available copies of this in our Stores. You should review these Terms prior to purchasing any product or services that are available through one of our Sales Channels. Your continued purchase of items through our Sales Channels after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms and Conditions are an integral part of the Terms of Service that apply generally to the use of our Sales Channels. You should also carefully review our Privacy Notice before placing an order for products or services through our Sales Channels.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS TO RESOLVE CLAIMS. PLEASE SEE THE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) FOR COMPLETE DETAILS AND REVIEW CAREFULLY.

PURCHASE ORDERS

You agree that your order on the Website or in the App is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. Please note, that JITANA reserves the right to review and cancel orders at any time, at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. All purchases made at our Stores is subject to these Terms.

During the process of placing an order (and upon our request) on our Website or through our App (or if we agree to ship you with items you purchase at our Stores), you must provide us with all your full and accurate information in order to receive your goods. Our fulfillment of your order relies on you providing us with correct information, including the correct delivery address and delivery instructions. Occasionally, you may be asked to provide additional details upon our request to ensure that your order gets to you safely.

If you enter an incorrect address, JITANA will not be obliged to re-send the products included in the order to the correct address at our own expense.

PRODUCTS NOT FOR RESALE OR EXPORT

When you place an order (or make a purchase in one of our Stores), You represent and warrant that you are buying our products for your own personal or household use (or to give as a gift for someone else’s personal or household use), and not for resale or export.

PURCHASE PRICE

All prices quoted on our Sales Channels or pursuant to your enquiry with us are listed in US Dollars (USD). All costs relating to international orders will be calculated via our integrated currency converter. The actual international currency conversion rate can vary depending on the bank you are with. We reserve the right to vary the prices displayed on or through our Sales Channels from time to time, in accordance with our discretion and without any obligation to give notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price changes will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email or on your receipt if you make a purchase at our Stores.

PAYMENT

JITANA accepts payment via credit card (Visa/Mastercard), via PayPal when you purchase on or through our Website or App, and via cash when you purchase in our Stores. Once processing a payment for purchases made on the Website or App, you will receive an email confirming the receipt of your order. You represent and warrant that (i) the credit card or payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Sales Channels at the time of your order. You may also make payments in installments for purchases made via our Website or App via Afterpay.

SECURITY

The safety of all information you provide is of the utmost importance to us. Therefore, we endeavor to provide you with a very safe and stress-free online shopping experience. We use the Secure Sockets Layer (SSL) encryption on our Website and App to transmit your personal and credit card details. SSL is a sophisticated method of scrambling data as it travels from your computer to our servers used for our Website and App. Your credit card information is sent directly to our PCI-compliant payment processor. We do not store your credit card information details in order to provide consumer confidence and satisfaction when shopping with us.

CONSENT

By agreeing to these Terms and Conditions, you also consent to receive further electronic communications from us in relation to JITANA, including information relating to products, promotions, special offers, and/or any other commercial message. Of course, you may at any time, opt-out from receiving electronic commercial messages from us. This is done by following the instructions at the bottom of any email or just informing us that you no longer wish to receive electronic messages, using the “Contact Us” link on our Website.

PROCESSING OF ORDERS

All purchases are processed on business days, which are Monday to Friday and exclude public holidays. We will provide you with a tracking number once we have shipped your order to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

CANCELLATION OF ORDERS

JITANA may cancel your order if for any reason we are unable to fulfill it (in whole or in part). In this situation, we will contact you should this occur.

Additionally, failure to provide additional details upon request may result in cancellation and refund of the order. We will not provide you with compensation for any loss of time or inconvenience which may result from such cancellation in these situations.

As we rely on third parties to expedite the delivery of your order, you will, unfortunately, be unable to cancel your order once it has been processed.

INCORRECT PRODUCTS/PRODUCTS MISSING FROM AN ORDER

Should a product be missing from an order when received or should you receive an incorrect product, please contact us directly at hello@jitanajeans.com, with the order number, product name, and code, and we will make the appropriate investigations.

RETURN OF PRODUCTS

Any return of products to us by you will be governed under our Exchange & Returns Policy.

SHIPMENT PROTECTION

Please visit our Shipment protection terms and conditions for more information.

DISCOUNTS AND PROMOTION CODES

Discount codes are one-time use only and exclude gift cards.

LOCAL DUTIES & TAXES

As taxes and local duty costs vary by location, by purchasing the goods, you authorize JITANA to ship the products to you and import the products on your behalf (if you are shopping outside of the United States) and to charge you with the applicable duties & taxes in addition to the purchase price of goods (including, sales tax or customs). Further, by purchasing our products, you agree that JITANA may delegate the obligation to ship and import the goods on your behalf to a subcontractor (e.g., customs broker).

INTELLECTUAL PROPERTY

For our Intellectual Property terms please see the Intellectual Property section under the Terms of Use which is expressly incorporated by reference into these Terms and Conditions and shall apply with respect to all our Sales Channels (including our stores, with the necessary adjustments).

TRADEMARKS

For our Trademarks terms please see the Trademarks section under the Terms of Use which is expressly incorporated by reference into these Terms and Conditions and shall apply with respect to all our Sales Channels (including our stores, with the necessary adjustments).

INDEMNITY

For our Indemnity terms please see the Indemnity section under the Terms of Use which is expressly incorporated by reference under these Terms and Conditions and shall apply with respect to all our Sales Channels (including our stores, with the necessary adjustments).

APPLICABLE LAW; DISPUTE RESOLUTION

For the Applicable Law and Dispute Resolution mechanism please see the Applicable Law and Dispute Resolution sections (including subsections) under the Terms of Use which is expressly incorporated by reference under these Terms and Conditions and shall apply with respect to all our Sales Channels (including our stores, with the necessary adjustments).

LIMITATION OF LIABILITY

To the extent permitted by law, our sole and entire maximum liability, and your sole and exclusive remedy, for a breach of any implied warranty or condition, which cannot be excluded by the Terms and Conditions, is limited, at our option, to one or more of the following: 1) the replacement of the products or the supply of equivalent products; 2) the repair of such products; 3) the payment of the costs of replacing the products or acquiring equivalent goods; or 4) the payment of the costs of having the products repaired.

JITANA’S GIVEAWAYS TERMS & CONDITIONS

If you participate in JITANA’s promotions, contests and giveaways (the “Giveaways”) you fully accept these general terms and conditions of JITANA and you acknowledge and confirm, by participating, that you fulfil all eligibility requirements.

ELIGIBILITY

If you are under the age of 18 you will have to obtain the approval of your parents or legal guardians to enter to the Giveaways. If you are resident of a jurisdiction which prohibits giveaways or restricts any aspect of the relevant Giveaway, you are prohibited from participation. JITANA may request, at any time, to provide proof of age and/or identity and/or proof of such approval and/or proof of residency. Any participant which will not prove eligibility as requested, may be excluded from the relevant Giveaway.

DATE OF GIVEAWAYS

The Giveaways shall start and close on the date specified on JITANA’s posts on the relevant social media channels (e.g., Instagram, Tik Tok, etc., each one shall be referred hereunder as the “Social Media Channel”). Entries after the closing date will not be considered and will be disqualified from participation in the Giveaways. It is hereby clarified that neither Instagram nor TikTok (nor any other Social Media Channel) will be accountable for or affiliated with any Giveaway being held by JITANA and will not bear any liability in relation to such Giveaways.

HOW TO ENTER

The Giveaways post on the applicable Social Media Channel will explain the entry procedure. Unless specifically mentioned, there is no entry fee and no purchase necessary to enter the Giveaways. Each eligible participant may insert multiple entries, but is only eligible to win one prize, if chosen, unless explicitly stated otherwise in the relevant post. By entering a Giveaway, you will not be eligible to receive any prizes awarded in any other Giveaway unless you enter each Giveaway separately.

THE WINNER

The winner will be chosen at random from all eligible entries. The winner will be notified by DM on the relevant Social Media Channel from JITANA’s account within five business days after the closing date of the Giveaway. JITANA reserves the right to change place and time of the announcement or to extend or shorten the period of the Giveaway, without prior notice, at its discretion. If the winner cannot be contacted or do not claim the prize within 48 hours, JITANA reserves the right to withdraw the prize from the winner and pick a replacement winner. JITANA’s decision in respect of all matters to do with the Giveaway will be final and shall not be subject to review or appeal by any entrant or by any third party.

In any Giveaway based on a choice of winner in accordance with JITANA’s discretion, an independent panel of judges will choose (at its sole discretion and in accordance with criteria determined by it), winner that will meet in the best way, the criteria set in the Giveaway post, all in accordance with the committee’s sole and absolute discretion.

PRIZE

The promotional prize shall be as indicated on the relevant post. The prize is as stated and no cash or other alternatives will be offered. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

In case the prize is in the form of site credit, the prize shall entitle the winner to purchase on JITANA’s website (www.jitanajeans.com), in one of the following forms: website credit, gift card, or any other form that JITANA shall decide, at its sole discretion and subject to the winner creating an account on JITANA’s website. The prize will be awarded in US Dollars or at its equivalent value in the local currency of the winner, according to the currency exchange rate at the end of the announcement date.

The prize is for personal use only. You may not alter, give away or exchange for other goods. Receiving the prize depends on the participant’s eligibility.

The Winner shall be entitled to exercise the prize within 30 days from the date such participant received notice of win via a direct message sent to its Social Media Channel’s account. If the winner did not respond in a timely manner and/or provided relevant details and/or it was decided that the participant is not an eligible participant and/or has violated these terms & conditions or the Terms of Use of the relevant Social Media Channel or any applicable law, JITANA will be able to disqualify the participant at its discretion, and in such case, the first winner’s entitlement shall be null and void and such winner shall have no claim and/or demand against JITANA with respect to it.

THE CONTENT

In case of a Giveaway Entry requiring certain content to be uploaded or posted by participants, the following shall apply: JITANA reserves the right to deny the Winner from receiving their prize in case of a felony or fraud of any kind whatsoever, including, the use of an already published video content to the Giveaway’s post or content which is not original in any way.

Each participant shall be solely liable for its content and declares that the publication of such content is in no way harmful to any third party, including, in accordance with the applicable laws of defamation and/or copyrights and/or privacy and JITANA shall be exempted from verifying the aforesaid. The participant shall be solely and fully responsible for any damage that may be caused as a result of the publication of its content or its participation in the Giveaway and by participating, each participant undertakes to compensate and reimburse JITANA, immediately upon JITANA’s first demand, for any damage, loss, charge, or expense that may be caused to or imposed on JITANA as a result of such publication of content or its participation.

JITANA reserves the right to erase or edit any content that will be published by any of the participants, including offensive and brutal content, advertising or spam content, or any other content that is considered harmful or inappropriate under these terms & conditions, Terms of Use of the relevant Social Media Channel and/or JITANA’s account in the relevant Social Media Channel, and reserves the right for disqualification of a participant, all in accordance with the JITANA’s sole discretion.

PERSONAL DATA

Each winner agrees that, by participating in a Giveaway, JITANA may use the winner’s details in any manner and in any medium for its promotional purposes without additional approval or compensation being required, including posting a winners’ list, Social Media Channel’s post and/or Social Media Channel’s stories (including by sharing participant’s content), tagging the winner’s accounts on the relevant Social Media Channels or publishing its location and/or photo, at JITANA’s sole discretion. JITANA reserves the right to publish the announcement of the winner and the aforesaid information in any additional media platform, site, or Social Media Channel of choice. By participating in the Giveaway, each participant waives any claim with respect to the aforesaid.

LIMITATION OF LIABILITY

By entering the Giveaway each participant agrees to release, discharge and hold harmless JITANA, its legal representatives, respective officers, directors, employees and agents from any damages whatsoever suffered or sustained in connection with the Giveaway or the acceptance of the prize.

GENERAL TERMS & CONDITIONS

These terms & conditions are the formal contract between JITANA and the participants, for all intents and purposes. These terms & conditions sum up the rights and obligations of the participants and JITANA, and by participating in the Giveaway, each participant agrees and declares that it has read and understood these terms & conditions, accepts the provisions included in them and undertakes to act in accordance with them, and understand that even without reading, it is hereby obligated to all the terms & conditions, for all intents and purposes.

JITANA reserves its right to cancel the Giveaways at any times or change the provisions of the terms & conditions at its sole discretion and such change shall have immediately effect upon the publication thereof. In addition, on the Giveaways as well as any use of prize in the form of site credit or JITANA’s products, JITANA’s general terms and conditions herein shall apply.

Without derogating from the provisions of these terms & conditions and any applicable law, JITANA reserves the right to deny the Winner from receiving their prize in case of a felony or fraud of any kind whatsoever, including, the use or tag of a fraudulent account. In addition, JITANA shall have the right to eliminate participants for any reason, to its sole and absolute discretion, in any case of a participants that will not cooperate with JITANA and/or and will not give JITANA full details in order to exercise the prize and/or will sabotage the Giveaway and/or the Giveaway’s operation and/ or other participants in any way and/or will use a Social Media Channel account that may raise the concern of being commercial of fake and/or operate through an application or any other participation means (including Bot, Script, Crawler, etc.).

Each participant declares that he/she is aware that despite all efforts invested in the various systems, these systems are not full proof of errors or faults, including due to human errors and/or technical difficulties (e.g., errors that prevent the posting of certain video clips, changes of the Giveaway’s dates, etc.). If for any reason (including due to a technical or a human error), a video clip is not published and/or the detail of a participant or a possible winner and/or a wrong winner shall be announced (one or more), JITANA will not bear any liability and the participants shall have no right or claim against JITANA with respect to the Giveaway.

The participation in the Giveaway and the exercise of the prize are in the exclusive responsibility of each participant and/or winner and JITANA shall not be liable for any damage, including personal damage (direct and/or indirect), loss or expense that may occur to a participant and/or a winner due to any matter related (directly and/or indirectly) to the Giveaway and/or the prize and/or its exercise.

Without derogating from the generality of the aforesaid, it is hereby declared that the participation in the Giveaway by the participant is for the sole purpose of entertainment and/or winning the prize and that in any case, such participation shall not give the participant and/or the winner and/or whomever on their behalf any right or claim related directly or indirectly to the Giveaway, its conduct, its result and anything related to it.

JITANA may, for whatever reason and to its sole discretion, immediately or with a notice, to cease the Giveaway and/or to amend these terms & conditions and/or change the prize of the Giveaway. In such an event, JITANA will publish an announcement with respect to such event, in the manner these terms & conditions were published. It is agreed that such announcement shall be deemed as appropriate and sufficient, and the participants and/or winner waive any claim with respect to such changes and/or announcement.

In any event of contradiction or discrepancy within these terms & conditions or other publishing in any media platform and/or the relevant Social Media Channel’s Terms of Use, the provisions of these terms & conditions shall prevail.