Terms & Conditions Policy
Introduction
Thank you for using Jewellaire. These Terms of Use (the ‘Terms’) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Jewellaire website at https://jewellaire.in (the ‘Site’) and any related mobile or software applications including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the ‘Services’). These Terms are effective for all existing and future Jewellaire customers. By accessing this site (hereinafter ‘Jewellaire’), you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the ‘User Agreement’). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Jewellaire Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. The User Agreement may be updated from time to time by the Company without notice. It is therefore strongly recommended that you review the User Agreement, as available on the Jewellaire, each time you access and/or use. The terms ‘visitor(s)’, ‘user(s)’, ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Jewellaire at any point in time. Should you need clarifications regarding the Terms of Use, please do write to us at support@jewellaire.in. For abundant clarity, the Company does not provide any services to users other than providing the Jewellaire as a platform to transact at their own cost and risk, and other services as may be specifically notified in writing. The Company is not and cannot be a party to any transaction between you and the third-party sellers, or have any control, involvement or influence over the products purchased by you from such third-party sellers or the prices of such products charged by such third-party sellers. The Company therefore disclaims all warranties and liabilities associated with any products offered on Jewellaire. Services on the Jewellaire are available to only select geographies in India and are subject to restrictions based on business hours and days of third-party sellers. Transactions through the Jewellaire may be subject to a delivery charge where the minimum order value is not met. You will be informed of such delivery charges at the stage of checkout for a transaction through Jewellaire.
Eligibility
Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents, etc. are not eligible to use/access the Jewellaire. However, if you are a minor, i.e. under the age of 18 years, you may use/access the Jewellaire under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are however prohibited (even under provision) from purchasing any product(s) which is for adult consumption, the sale of which to minors is prohibited. The Jewellaire is intended to be a platform for end-consumers desirous of purchasing product(s) for domestic self-consumption. If you are a retailer, institution, wholesaler, or any other business user, you are not eligible to use the Jewellaire to purchase products from third-party sellers, who have been granted access to the Jewellaire to display and offer their products for sale. The Company, in its sole discretion and without liability, reserves the right to terminate or refuse your registration or refuse to permit use/access to the Jewellaire, if: (i) it is discovered or brought to notice that you do not conform to the eligibility criteria, or (ii) the Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria are not met/are violated by a user, or (iii) may breach the terms of this User Agreement. In order to determine compliance with eligibility criteria, the Company inter alia uses an algorithm and/or pre-determined criteria-based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/predetermined criteria. In such cases, if you are a genuine domestic user of the Platform, please contact us for assistance.
Licence & Access
The Company grants you a limited sub-license to access and make personal use of the Jewellaire, but not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the Company. Such limited sublicense does not include/permit any resale or commercial use of the Jewellaire or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Jewellaire or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools. The Jewellaire or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Jewellaire or of the Company and/or its affiliates without the express prior written consent of the Company. You may not use any meta tags or any other 'hidden text' utilizing the Company’s name or trademarks without the express prior written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Jewellaire, or any other systems or networks connected to the Jewellaire or to any server, computer, network, or to any of the services offered on or through the Jewellaire, by hacking, ‘password mining’ or any other illegitimate means. You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
- Belongs to another person and to which you do not have any right;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- Harms minors in any way;
- Infringes any patent, trademark, copyright, or another proprietary/intellectual property right;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
- Is misleading or known to be false in any way.
Any unauthorized use shall automatically terminate the permission or sub-license granted by the Company.
Account & Registration Obligations
All users must register and log in for placing orders on the Jewellaire. You must keep your account and registration details current and correct for all communications related to your purchases from the Jewellaire. By agreeing to the Terms of Use, you agree to receive promotional or transactional communication and newsletters from the Company and its partners. You can opt out of such communication and/or newsletters either by contacting the customer services team of Jewellaire or by placing a request for the same. As part of the registration process on the Jewellaire, the Company may collect the following personally identifiable information about you, including but not limited to name, email address, age, address, mobile phone number, and other contact details, demographic profile (like your age, gender, occupation, education, address, etc.) and information about the pages on the Jewellaire you visit/access, the links you click on the Jewellaire, the number of times you access a particular page/feature and any such information. Information collected about you is subject to the privacy policy of the Company https://jewellaire.in/pages/privacy-policies which is incorporated in these Terms of Use by reference.
Pricing
The Company aims to ensure that prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors, or incorrect product information provided to the Company by third-party sellers. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability. Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product offered for sale on the Jewellaire will be sold at a price higher than its MRP (maximum retail price).
Disclaimers
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions. The Company makes the best efforts to display available products, including in respect of their color, size, shape, and appearance, as accurately as possible. However, the actual color, size, shape, and appearance may have variations from the depiction on your mobile/computer screen