Terms of service

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Terms of Service

OVERVIEW
These User Term of Service (“Terms of Service”) constitute a binding contract between you - our corporate client (“User” or “Customer” or “You”) and www.sapnamehta.com (“our Website”) owned by Sapna Mehta Jewels Private Limited (“Us”, “We”, “Company”), regarding the terms under which We will provide You with access to our products and Services.

This Terms of Service Policy sets out the terms between You and Us under which You may access our Website. This Terms of Service Policy applies to all Customers and Users of our Website.

Our Website is operated by Sapna Mehta Jewels Private Limited, a company registered under Companies Act, 2013 and having its registered address at 112-122, Hira Bhavan, Raja Ram Mohan Roy RD, Prarthana Samaj, Mumbai 400 004, Maharashtra, India. We request you to read this Policy as we offer Our Website, including all information, tools, products and Services available on Our Website to you. By using our Website, you signify your consent and agreement to be bound by and to accept all terms, conditions, policies and notices as stated and specified herein.

BY CLICKING ON THE BUTTON MARKED “I ACCEPT”, USER SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE (“Acceptance”). By accessing, visiting and using our Website, you signify your agreement to these Terms of Service. User hereby shall agree that User’s assent, given electronically, shall have the same legal effect as if it had been personally signed by User. To the extent permitted by the law, these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Furthermore, when you use our Website for any of our existing and/or future products / services, you will be subject to the appropriate guidelines, terms, conditions, and agreements applicable to those products / services. If our Terms of Service conflict with the guidelines, terms, and agreements that apply to such services, these Terms of Service will control the same including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users and visitors of Our Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.


If you do not agree to all the terms and conditions of this agreement, then you may not access Our Website or use any Services or purchase any Products enlisted, displayed or available on Our Website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.


Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We reserve the right (however, the same being not an obligation on Us) to periodically modify, update, change or replace any part of these Terms of Service without having to expressly notify you, and as a User it is your sole responsibility to check for the most recent changes made herein. You agree to be bound by the terms of any revisions and updates to these Terms of Service, which shall be effective from the date of posting on Our Website. You can review the most current version of the Terms of Service at any time on this page. Your continued use of or access to Our Website following the posting of any changes constitutes acceptance of those changes.

 

 

  1. TERMINOLOGY
  2. “Account” means an account that may be required to access and/or use our Website at www.sapnamehta.com;
  3. “Company” means Sapna Mehta Jewels Private Limited.
  • “Content” means the information, animations, visuals, texts, graphics, logos, icons, images and descriptions of products, video clips, digital downloads, data compilations as may be available on the Website from time to time.
  1. “Effective Date” refers to the date that the Company confirms User’s right to use the Website and/or the date of acceptance of this Terms of Service by the User, whichever is earlier, and shall be binding on the parties hereto as Effective Date.
  2. “Services” means the Website, and its entire description and contents, features and functionality (including but limited to, all information, software, code (source code and object code), user interface, algorithms, data, data structure, text, displays, images, video and audio, and the design, selection and arrangement thereof, the Content, files and any documentation pertaining to the foregoing) related to the Website.
  3. “User” refers to a person that is our customer and who has the right to access the Website by either visiting or registering themselves on the Website. A User must possess the legal right and ability to enter into binding contracts. User agrees to treat password, usernames, and other security information (“Authentication Information”), as confidential and to not provide any other person with access to the website or portions of it using User’s Authentication Information, save and except other employees/officers of the corporate. User shall notify the Company immediately of any unauthorized access to, or use of, Authentication Information. The Company has the right to disable any User’s access to the Services at any time, in its sole discretion [for any or no reason, including] if, in the Company’s opinion, and/or User has violated any provision of these Terms of Service or appears likely to do so.
  • “Registration” means subscribing to the Website as a User.
  • “Store” means the online store hosted by Shopify.
  1. “Shopify” means the website hosting service provider that hosts our Website.
  2. “Jewelry” the pre-designed jewelry or custom-made jewelry that is offered for sale on our Website.
  3. “Term” means the period of time that a User may utilize the applicable portion of the Website.
  • “Virus” means any item or device (including any software, code, file or program) which is designed to prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices.
  • “Website” means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in Company's website located at www.sapnamehta.com
  • “Website Provider” – means Sapna Mehta Jewels Private Limited.

 

  1. INFORMATION ABOUT THE COMPANY

This site is owned and managed by Sapna Mehta Jewels Private Limited, a company having its registered office at 112-122, Hira Bhavan, Raja Ram Mohan Roy RD, Prarthana Samaj, Mumbai 400 004, Maharashtra, India. Our Website is provided solely to promote and sell our high quality ready-to-use pre-designed jewelry and custom-made jewelry mastered with craftsmanship and offers our Users services to purchase jewelry. We strive to deliver extraordinary everyday premier style jewelry and accessories specially curated and designed for all our Users around the world. We may sell our jewelry or any other services to Users and/or customers through our website, who can purchase the same with permitted payment methods as may be available on our Website from time to time.

 

  1. AGE RESTRICTIONS
  2. Our Website can be used and accessed by anyone irrespective of the age criteria. However, a User who is below the age of 18 years (or the legal age of majority in the jurisdiction of the country the User resides in if that jurisdiction has an older age of majority), who intends to use our Website, such User agrees and undertakes to review this Terms of Service alongwith our Privacy Policy (Client to insert hyperlink here) with his/her parent or guardian to ensure that both the minor User and such minor User’s parent or guardian understand this Terms of Service alongwith our Privacy Policy. Such User further agrees to have his/her parent or guardian review and accept the Privacy Policy for and on behalf of the minor User.
  3. If a User’s parent or guardian has agreed to the Privacy Policy on behalf of a child under the age of 18 years (or the digital age of consent basis the laws of country of residence of such User, if older), such parent or guardian agrees to accept sole responsibility for such minor User’s use of our Service, including any financial cost, charges and legal liability arising therefrom.
  • To use this Website, the age criteria of 18 years shall not be applicable to you in the event you represent an organisation or any artificial person (corporates).
  1. If a minor User is not guided by his/her parent / guardian to review and accept this Terms of Service alongwith our Privacy Policy for and on behalf of the minor User, then we urge such minor User to not interact with Us, to not fill out our forms or send any personal information about them to Us. If we learn that we have collected personal information from a child under the age 18 years, who has not been well sufficiently informed of our Privacy Policy by his/her parents / guardians, then, We will delete that information promptly and restrict the access or usage of our Website, on which such child under the age of 18 years was registered as a User on his/her own accord. We shall also not process or proceed further with responding to any enquiries or product purchases made by such a User and in the event any request, product order or enquiry is processed by Us, we shall have a sole right to cancel the same.

 

  1. ACCESS AND CHANGES TO OUR WEBSITE
  2. All content contained on our Website including but not limited to text, animations, visuals, texts, graphics, logos, icons, images and descriptions of products, video clips, digital downloads, data compilations available is Company’s exclusive property and it is protected by laws of India. You may access our Website, services provided therein and purchase our products with or without registering on our Website. Our Website is available for the User’s to only access our Services and make use our Website by browsing or making a purchase of our products therein. However, it is optional to the User’s to register on Our Website to avail our services or purchase our Products through our Website.
  3. Any content of our Website or any other platform / website owned or controlled by us shall not be copied, reproduced, republished, posted, transmitted, sold and resold for any purpose other than of availing services provided on our Website.
  • If a User uses Our Website, and registers themselves on our Website then such User is responsible for maintaining the confidentiality of their Account, login credentials including the password and for restricting access to their hardware and/or their Account to prevent unauthorised access to their respective Account. User agrees to accept responsibility for all activities that occur in the User’s Account and/or with the password. User shall take all necessary steps to ensure that login credentials are kept confidential and secure. If User has any reason to believe that the login credentials have become known to anyone else, or if the password is being used or is likely to be used in an unauthorised manner such User should inform Us immediately. User shall ensure that the personal information that User provides Us with are correct and up-to-date shall further ensure to inform Us immediately of any changes to the information that the User provided at the time of registration. User can access the information provided to Us by the User in the Account tab of Our Website. However, if a User wishes to update or change its Personal Information, then such User shall request the changes in its Account by writing to us at ___________________ (Client to insert email/number for user’s to connect for any change in User’s personal information). We reserve the right to deny access to Our Website, terminate accounts, remove or edit content at any time without a prior notice to you.
  1. We may from time to time make changes to Our Website:
  2. Changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We will inform you by email of any changes (including, if applicable, anything that you need to do) and/or host a disclaimer on Our Website if that would materially affect your use of Our Website.
  3. Changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by email of any such changes (including, if applicable, anything that you need to do); and
  4. We will continue to develop and improve our Website over time, in some cases making significant changes to it.
  5. We will always aim to ensure that our Website is available at all times. In certain limited cases, such as in cases when servers of Shopify are down, or to make any necessary changes in our Website, We may need to temporarily suspend availability to make certain changes outlined under Clause 4.iv. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to availability.

 

  1. USER ACCOUNT
  2. User may be required to register and set up an account for purchasing products from our Website by entering his/her email address to sign up for an Account on Our Website. Our Website may ask for the verification of email address and hence, it is advisable to provide valid information for creating the Account. Our Website will set-up an account upon verification of the email address (as and when may be required) provided by the User.
  3. User can create only one Account and such Account shall not be permitted to transfer or interchanged with any other person. The type of information required to be provided by the User to register on Our Website, usage of such information, protection and confidentiality of such information are more specifically dealt with in Our Website’s Privacy Policy (Client to insert hyperlink here) and the Users are requested to read the Privacy Policy in detail before sharing their information or creating an Account on Our Website.

 

  1. WORKING OF THE WEBSITE
  2. Our Website is custom jewelry showcase website, wherein the Users can browse through the available collections and products exhibited by Us from various categories such as
  3. ‘High Jewelry’ – that are atelier pieces from Our collection,
  4. ‘Silver Jewelry’ – that are ready-to-wear sterling jewelry pieces,
  5. ‘Jewelry’ – that consists of our timeless pieces that can be incorporated into your everyday wear and
  6. ‘Bespoke Services’ – that can enable you to customize or personalize your jewelry requirements, book bridal appointments with Us and/or aesthetically customize / upgrade your existing pieces that you no longer use.
  7. Our products cannot be directly bought from the website due to custom-made nature of the products. Therefore, on every product page, the customer has an option to press “Enquire Now” / “Speak with the Expert” / “Get in Touch” buttons which will redirect the customers to our Company’s WhatsApp Account** and where customers can chat with our team, and our team shall provide customizations for that product to such User. All further communication related to the order will be then carried out on our WhatsApp account.

(**Our Company’s WhatsApp Account is a business account enabled on WhatsApp. If the Customer chooses to interact with Us via our WhatsApp account and share certain information about itself with Us, then such information provided by the Users and collected / accessed / used by WhatsApp shall be governed by the privacy policy and usage policy of WhatsApp and We shall not be held liable or responsible for the same at any time in any manner whatsoever.)

  • It is pertinent to note that in the event a User / Customer interacts with us via WhatsApp and chooses to avail our Bespoke Services of “Give life to your old jewelry” for aesthetic customization or upgradation / alteration to your existing pieces, we would require your old jewelry piece to be accompanied with the following:
    1. A paper-copy of your WhatsApp message to us to request for customization or upgradation / alteration (as the case may be) of your old jewelry piece;
    2. written details pertaining to the customization / upgradation / alteration required to be made in your old jewelry piece alongwith reference images / sketches, if any;
    3. A Certificate of Authenticity of the old jewelry piece;
    4. the bill / tax invoice (of the same old jewelry piece that you shall be sending to us for customization or upgradation / alteration) bearing the description of the old jewelry piece sent by you;
    5. A photograph of the old jewelry piece; and
    6. A list of all precious, semi-precious stones, gems, metals / non-metals, diamonds, other elements etc. (“Elements”) as incorporated or forming a part of the old jewelry piece.

 

  1. With respect to requests raised for “Give life to your old jewelry”, please note the following:
  2. We shall not be liable and/or responsible for any theft or loss or damage to any jewelry piece sent by you to us via courier / postal services.
  3. We request you to update us via WhatsApp the tracking reference number of the courier / postal services through which your old jewelry piece has been shipped to us alongwith the name and branch name of your courier service provider.
  4. We shall not be held liable and/or responsible for any damage or loss that may be caused to any Elements while refurbishing or customizing or alteration of the old jewelry piece.
  5. Please be informed that under “Give life to your old jewelry” we do not entertain request for exchange of old jewelry with new jewelry, so any requests made in that regard shall not be entertained.
  6. Further, we shall also not entertain any requests for returns, exchange, refund and/or cancellation under “Give life to your old jewelry” and “Personalize your Jewelry” for any reason whatsoever.
  7. We request Users to be informed that, only the Elements forming a part of the old jewelry pieces that are not utilized by us in the refurbished jewelry, as instructed by the User, shall be returned by us alongwith the jewelry order.

 

  1. USER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS AND OBLIGATIONS.
  2. Subject to these Terms of Service, User will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicense-able right to access the Website. Upon agreeing to grant such access, the Website Provider/website host/Company does not obligate itself or take liability on itself to maintain the Website, or to maintain it in its present form. The Website Provider/website host/Company may upgrade, modify, change or enhance the Services at any time in its sole discretion, to the extent that the same is not detrimental to User’s use of the Services.
  3. User agrees to abide by any rules or regulations that the Website Provider publishes with respect to conduct of Users of the Website, and rules and regulations are hereby incorporated into these Terms of Service by reference. The Website Provider reserves the right to deny any User, access to any portion of the Website if, in the Website Provider’s sole discretion, User has failed to abide by these Terms of Service or appears likely to do so.
  • User accepts that the Website Provider in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Service.
  1. User acknowledges and agrees on behalf of itself that their use of our Website shall be strictly governed by the following binding principles:

 

  1. User shall not post, publish, transmit, alter/modify or share any information which:
    1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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;
    2. is misleading in any way;
    3. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
    4. promotes illegal activities or conduct that is abusive or threatening;
    5. belongs to another person and User does not have any right on the same and/or infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
    6. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    7. contains video, photographs, or images of another person (with a minor or an adult);
    8. Attempts / tries to gain unauthorized access or exceeds the scope of authorized access to Our Website or solicits passwords or personal identifying information for commercial and/or unlawful purposes from other users;
    9. interferes with another User's usage of Our Website;
    10. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy;
    11. violates any law for the time being in force;
    12. attempts to copy, infringe, pass-off, duplicate and disseminate any of the designs of the jewelry or any other products sold by Us;
    13. 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 offence or prevents investigation of any offence or is insulting any other nation;
    14. shall not be false, inaccurate or misleading;
    15. that shall not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;

 

  1. User also agrees, undertakes and acknowledges that:
    1. Access privileges shall not be transferred to any other third-parties;
    2. It will not access, store, distribute or transmit any Viruses;
    3. It will comply with all applicable laws and regulations with respect to use of the Services;
    4. It will use content available on our Website only for personal, non-commercial purpose only;
    5. It will not rent, lease, sublicense, sell, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
    6. It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
    7. It will not transmit, distribute, upload, post, republish any data or content of our Website including but not limited to any commercial purpose;
    8. It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
    9. It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;
    10. It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
    11. It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any copyright, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.

 

  1. MODIFICATIONS TO THE SERVICE AND PRICES
    1. The pricing of our Products is determined basis the prevailing market value in India in Indian National Rupees of the quality category of the components or elements with which the product is made (for instance: gold, platinum, silver, diamonds, precious and semi-precious stones, gems etc.) and we provide you the best rates with respect to making charges and other costing parameters (for instance.: exchange rate fluctuation) pertaining to our products. Due to fluctuations in the prices of components and elements, making charges and other costing parameters, our product prices shall be subject to changes and revisions, both upwards and downward. The prices of the products listed on the Website or as communicated over the WhatsApp chats to you are not negotiable. The Prices on our Website are subject to change without any notice to any of our Users. The Users will be charged the Price for the jewellery as it is listed on the day of purchase.
    2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
  • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

  1. PRODUCTS AND SERVICES
  2. Our products and Services may be available exclusively online on our Website only. Our products and/or Services may have limited quantities and are subject to Our Return, Refund Exchange and Cancellation Policy [Client to insert LINK TO REFUND POLICY]
    which shall be subject to changes at any time, without any notice in that regard. We have made every effort to display as accurately as possible the colors and images of our products that shall be displayed for sale. Due to screen defaults and photographic methods, certain products may appear somewhat larger or smaller than they actually may be. Products may occasionally be depicted either larger than it is in reality to clearly exhibit details or smaller than it originally is in reality to show the full object. We shall not be held responsible and/or liable for customer’s perception and expectation for our products in that regard. For the sake of clarity, each product shall be accompanied with a corresponding description with the height and width mentioned as well as a scale key is provided to enable the User to understand the actual size of the piece of jewelry. User shall read through such description to understand our Products and only after being satisfied of the same proceed ahead to purchase the same.
  3. We endeavor to accurately represent the colors of our jewelry on our Website. However, We cannot guarantee that your computer monitor's display of any color will be accurate. Hence, we shall not be held responsible for the same as well. There may be a possibility that a Product ordered by a User at any time might not be available/ be out of stock at the time of/ after placing an order. This may occur before we are able to post a notification on our Website. In such cases a User may connect with us and we shall try our best to provide user with best possible options.
  • We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-to-case basis. We reserve the right to limit the quantities of- any Products or Services that we offer. All descriptions of products or product pricing are subject to change at any time as stated in this Terms of Service with or without notice, at our sole discretion  . We reserve the right to discontinue any product at any time. Any offer for any product or Service made on our Website is void where prohibited.
  1. We do not warrant that if quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Further, we shall not be held liable and/or responsible in any manner whatsoever at any time in that regard. As stated hereinabove, only after being satisfied of the product alongwith the description thereof, proceed ahead to purchase the same. Once an order for a product is placed with us, it shall be deemed to mean that the User has satisfied itself with the product description.

 

  1. ORDERS
    1. The User can purchase our products available on our Website either by connecting with us via WhatsApp, placing the order thereof with or without customization of the order and proceeding to checkout by fulfilling the order obligations and payment obligations associated with purchase and shipping of the product so ordered by the User. It must be noted that orders are normally considered complete only after the payment has been received by Us.
    2. Upon placing an order after the payment is made, User will receive a tentative delivery date/time which will be given along with the order confirmation email on the email address which is provided by the User. The exact delivery date is usually provided as soon as the same is provided to us by our delivery service provider. Alternatively, registered Users can track their order by clicking Track Order and find the order status.

 

  1. INSURANCE, SHIPPING AND DELIVERY
  2. Insurance:

We as a Company shall be obligated only to procure transit insurance with respect to the products shipped by us to you solely for the purpose of covering the products against loss, theft or damage in transit. However, once the products reach the User the risk of loss gets transferred to the User.

  1. Shipping:

User shall be required to pay shipping charges and delivery charges in addition to the order value amount. Basis the order quantity and the delivery address, the shipping charges and delivery charges will be calculated and shall be displayed at the time of checkout. All shipping and delivery charges are inclusive of GST (in the event of export/custom duties [as the case may be] then inclusive of export charges) unless stated otherwise. Shipping and delivery charges may vary for different pin code because of the variation in shipping cost or if the User is located in a different area. Shipping charges will also vary according to type of product.

  • Delivery:
  1. Once an order is placed by User, as per the availability of the product, we confirm the placement of the order. Basis the order confirmation on our part, we then proceed to customizing the product, if such requirement is requested by the User, else if the product has no customization request, we proceed to arranging for shipping the product. The order is then shipped alongwith the relevant quality certification or certificate of authenticity, as the case may be, and then delivered to the User within ________working days on the delivery address stated in User’s order. All deliveries are executed by the delivery service provider appointed by Us.
  2. Once the products are out for delivery to the delivery address, We send the User an email and/or WhatsApp message or SMS intimating the date of dispatch of their order including details of the expected date of delivery, order tracking reference number etc. It is to be noted by the Users that, all delivery dates are estimates only and are as informed to us by our delivery service providers.
  3. We take reasonable efforts to ensure that the delivery of the orders of our Users is completed within the stipulated time as stated on our Website or as informed and notified to Users when their order is accepted. However, we make no guarantees or claims in relation to actual timelines pertaining to the deliveries.
  4. Delayed Delivery:

Sometimes, order deliveries may take longer due to:

  • Bad weather,
  • Transportation delays,
  • Natural calamities,
  • Political disruptions,
  • Logistics service provider related challenges,
  • Product lost / misplaced in transit,
  • Regional or national holidays which are considered as delivery holidays,
  • Other unforeseen circumstances or events beyond our control or beyond the control of our or delivery service provider,
  • Occurrence of a lockdown and/or curfew.
  1. All products ordered from our Website are delivered in accordance with an arrangement with third-party delivery service providers. As a result, when we deliver the products to such third-party delivery service providers, User becomes the owner of the goods and the risk of loss gets transferred to the User. Unless otherwise specified, We will not be liable and/or responsible to compensate User for any mental agony or inconvenience or loss caused due to delay in delivery for any reason or for the risk of loss of goods while they are being delivered to the User by the third-party delivery service provider.

 

  1. ACCOUNT REGISTRATION CHARGES

As on the date of publishing this Terms of Service, the usage of our Website and creation of Account on our Website is free of charge. However, We reserve the right to charge a fee for registration of a User and creation of an Account on Our Website. Our Website may, at its sole discretion, introduce new services and/or modify some or all of the existing services offered on Our Website. In such an event, Our Website reserves the right to introduce fees for such new services offered or amend/introduce fees for existing services, as the case may be. Any changes to the charges shall be posted on Our Website here in these Terms of Service and such changes shall automatically become effective immediately after they are posted on the Website and a User’s continued use of Our Website shall amount to deemed acceptance of the changes so made to Our Website. Unless otherwise stated, all fees shall be quoted in Indian National Rupees. User shall be solely responsible for compliance of all applicable laws including those in India for making payments to Our Website.

 

  1. AVAILABILITY OF WEBSITE.
    1. User recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and therefore, a User agrees and undertakes that a User shall not hold the Website Provider liable for delays that are ordinary in the course of internet use. The User further acknowledges and accepts that the Website will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the Website/Company's upgrading, modification, or standard maintenance of the Website or due to Website host’s downtime and the Website Provider/Company will not be held liable for the same at any time in any manner whatsoever.
    2. We will use commercially reasonable efforts to enable our Website to be accessible, except for scheduled maintenance, downtime(s) and required repairs and for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by Our Website, including, but not limited to, any Force Majeure Event (as defined hereinbelow). The foregoing shall not apply to the extent of any non-conformance caused by use of Our Website contrary to the Company's instructions, or modification or alteration of Our Website by any party other than the Company. If our Website is in non-conformance with the foregoing, We will use all reasonable commercial endeavours to correct any such non-conformance, or We may, at Our discretion provide Users with an alternative means of accomplishing the desired performance i.e. via WhatsApp. However, the Company shall not be obligated to conform with the foregoing.

 

  1. DEFAMATION

User shall at all times refrain from making any negative, denigrating, or defamatory statement(s)/comment(s), verbally and/or in writing, about the Company, the brand name and/or domain name used by the Company, including but not limited to “Ms. Sapna Mehta”, “www.sapnamehta.com” “Sapna Mehta Jewels Private Limited” and/or otherwise engage in any conduct or action that might tarnish Our name, brand, image or reputation or product(s) sold on Our Website or otherwise tarnish and/or dilute any trademark, trade name and/or goodwill associated with such trademarks, trade name as may be owned and/or used by Company. User agrees that User will not tamper with and/or misuse Our systems, networks, or any systems or networks connected to our Website.

 

  1. INTELLECTUAL PROPERTY RIGHTS
    1. The Website is owned, hosted, maintained and operated by the Company under its brand name “Sapna Mehta Jewelry” and its licensors, if any, and is protected by Indian and international copyright, trademark and other intellectual property or proprietary rights laws. Any trademarks, service marks, logos, scripts contained on our Website are proprietary to the Company and its licensors. Further, all jewelry designs are a proprietary of Our Company. No right, title or interest in or to the designs are sold, transferred, assigned or licensed to any User, buyer or the end-user customer when the products are enlisted for sale and when the products are actually sold by Us.
    2. No right, title or interest in or to the Services or any portion thereof, is transferred to any User and all rights not expressly granted herein, are reserved and retained by the Website Provider.
  • The Website Provider name, the Website Provider logo, brand name – ‘Sapna Mehta Jewelry’ and all related names, logos, product and service names, designs and slogans, are trademarks of the Website Provider or its affiliates and/or licensors. User shall not be at a liberty to use such intellectual property rights without the prior written permission of the Website Provider. All other names, logos, product and service names, designs and slogans on Our Website are the trademarks of their respective owners.
  1. By accepting these Terms of Service, you hereby agree and undertake:
    1. To not acquire, copy, download or otherwise attempt to acquire, copy, download any part of Our Website, save and except any forms to be duly filled by User, if any;
  2. To not disassemble, decompile or otherwise reverse engineer Our Website or any part thereof;
  3. To not allow or facilitate any use of Our Website that would constitute a breach of these Terms of Service, Privacy Policy, GDPR Policy, Cookie Policy and User Policy;
  4. To not embed or otherwise distribute Our Website on any third-party website, ftp server or similar.
  5. To not use our Website or any part thereof in any way whatsoever for promotion, marketing and branding of any third party products / services that are not registered on Our Website for sale.

 

  1. PAYMENT AND PAYMENT METHODS

For purchasing the products enlisted on and sold through Our Website, We offer Google Pay as the payment method for Users. Opting to purchase and pay for our products via Google Pay shall be governed by the Policies of Google Pay.

 

Google Pay or GPay

  1. We accept payments by the User made using Google Pay. Upon receiving request from User We share our Google Pay QR code with Users after they have chosen the product and placed their order through WhatsApp. The User will be able to make payment as per instructions mentioned on Google Pay’s site/ application. The transaction shall be governed by the Privacy, Terms and Conditions and other website and payment related policies of Google Pay. Our Website and/or Website Provider shall neither be liable nor responsible in any manner whatsoever at any time for any breach or default on the part of Google Pay relating to the User and/or personal data / sensitive personal data of the User.
  2. Once the payment related credentials are verified and confirmed by the payment gateway partner, the order will be processed as soon as the payment receipt confirmation can be traced by Us from either Google Pay or from the payment receipt confirmation communication sent by the recipient bank.
  • User may inform Us by email at the email address provided at the end of this Terms of Service Policy if any product is not available for access or viewing by the User for which the payment is made by the User and successfully received by us within a period of 3 (three) days the payment is made by the User alongwith relevant proof of payment confirmation including but not limited to transaction reference number post which We shall look into and action the same accordingly, if found genuine by Us in our sole judgment. In genuine cases, We may also try to proactively contact the User. User is advised to check their emails regularly for any updates from Us in that regard.

 

  1. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per billing / shipping address or per order, at our sole discretion. These restrictions may include orders placed by or under the same customer account and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

  1. RETURNS, REFUND, EXHANGE AND CANCELLATION

(i) Returns & Refund

We carefully inspect each item ordered by the Users prior to their respective shipment. We urge the User to video record the unboxing / opening of product packaging as soon as the product order is received by the User bearing the date and time stamp in the video. In the event, upon receipt of the User’s order should the User discover any damage or defect in the product(s) received, then the User must contact Us immediately. Any damage or defect in the product(s) so delivered should be brought to Our attention via email at ________________ along with pictures of the defect/damage in the product received and unboxing video of the product order, no later than within 3 (three) days of receipt of the order. After careful examination of such product received by Us from the User, We, at our sole discretion, may provide the User with the replacement product OR provide a credit note in lieu of any defective item(s) on a case-to-case basis and as per availability of the same, after receipt of the product by Us in good condition without any further defect or damage, other than the damage claimed by the User and without tampering with any element (gold, platinum, silver, diamond, pearls, precious and semi-precious stones etc.) (“Elements”) of the product by the User. All product returns shall be subject to a strict quality check by Us at the parameters followed by the Company while processing product orders and shall be processed at the sole discretion of the Company. Due to the nature and value of the products, no refunds shall be processed by Us for any reason whatsoever. Please note that User will have to bear the cost of shipping the product back to Us at 112-122, Hira Bhavan, Raja Ram Mohan Roy RD, Prarthana Samaj, Mumbai 400 004, Maharashtra, India. A User shall note that no request for returns shall be processed regarding genuineness, quality and authenticity of the products since all our products shall be accompanied by certificate of authenticity / quality certificate / hallmark etc. depending on the nature of the product. Any request for return raised by a User that is not accompanied by the unboxing video of the product order and which is not in accordance with this Return Policy shall be liable to be rejected by Us without any further recourse.

 

(ii) Exchange

We carefully inspect each item ordered by the Users prior to their respective shipment. We urge the User to video record the unboxing / opening of product packaging as soon as the product order is received by the User bearing the date and time stamp in the video. In the event upon receipt of the User’s order, the User is unsatisfied/discontented with the product(s) purchased by it from Our Website, User may exchange the same within 3 days of receipt of the order. User may email us at ______________ within 3 (three) days stating the reason for the exchange along with pictures of the product ordered and unboxing video of the product order. We, at our sole discretion, may permit exchange the product for the User once after We receive the product in good condition without any defect, damage and in the same condition as it was shipped to the User and without tampering with any element (gold, platinum, silver, diamond, pearls, precious and semi-precious stones etc.) (“Elements”) of the product by User. The Products received back by us with corresponding exchange requests from the User shall be subject to a strict quality check by Us at the parameters followed by the Company while processing product orders. Please note that the User will have to bear the cost of shipping the product back to Us and the cost of the product received in exchange of the initial order, if any, at 112-122, Hira Bhavan, Raja Ram Mohan Roy RD, Prarthana Samaj, Mumbai 400 004, Maharashtra, India. A User shall note that no request for exchange shall be processed regarding genuineness, quality and authenticity of the products since all our products shall be accompanied by certificate of authenticity / quality certificate / hallmark etc. depending on the nature of the product. Any request for exchange raised by a User that is not accompanied by the unboxing video of the product order and which is not in accordance with this Exchange Policy shall be liable to be rejected by Us without any further recourse.

 

(iii) Cancellation

As the standard company policy, any product order once placed cannot be cancelled for any reason whatsoever.

 

Further, We shall also not entertain any requests for returns, exchange, refund and/or cancellation under “Give life to your old jewelry” and “Personalize your Jewelry” for any reason whatsoever. As stated in the Terms of Service, only the Elements forming a part of the old jewelry pieces that are not utilized by us in the refurbished jewelry, as instructed by the User, shall be returned by us alongwith User’s jewelry order.

We shall not be held liable and/or responsible for any damage or loss that may be caused to any Elements while refurbishing or customizing or alteration of the old jewelry piece.

 

In any event whatsoever, if it comes to Our attention that a User has, beyond 2 instances, raised frivolous, false and baseless requests for return or exchange, such User shall be debarred from using Our Website and be also debarred from transacting with Us. This is without limitation Our right to legally proceed against such User under law and/or in equity. User will be solely liable and responsible for all costs and expenses incurred by Us in this regard.

 

  1. CONFIDENTIALITY

The User agrees to maintain the confidentiality of the Website Provider & Company’s Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” means all portions of the Services, including but not limited to, the Website.

 

  1. OPTIONAL TOOLS
  2. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
  3. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
  • Any use by you of the optional tools offered through our Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
  1. We may also, in the future, offer new Services and/or features through Our Website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

 

  1. THIRD-PARTY LINKS AND WEBSITES

Our Website may provide links to websites or other online platforms operated by third-parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services. This Privacy Policy does not apply to information collected by our business partners or by Us via an offline mode and other third-parties or third-party applications or services, even if this information is collected using our Website.

 

  1. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

  1. You may be permitted to post reviews, comments, feedbacks, suggestions, ideas or other materials online on our Website, with or without our request, offered in connection with your use of our Website or purchase of our Products by you (collectively “User Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any of the aforesaid User Content that you post on the Website. However, We are and shall be under no obligation:
  2. to maintain any User Content
  3. to keep such User Content in confidence;
  4. to permit hosting such User Content with respect to our business interests;
  5. to pay compensation for any comments; or
  6. to respond to any comments.

 

  1. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be including but not limited to unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene material, software viruses, political campaigning, chain letters, mass mails or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • You agree that your User Content will not violate any right of the Company / Website Provider or of any other third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You shall not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. You are and shall be solely responsible for any User Content you make and post and the accuracy thereof. We take no responsibility and assume no liability for any User Content posted by you or any third-party on or by using our Website. If you wish to submit content to us for publication on our Website, you may do so on the terms and conditions more particularly covered in our User Policy. (Client to insert link here)

 

  1. PERSONAL INFORMATION

We may collect your personal information such as your email address, phone number, name and delivery address which is provided and consented to use by you. Such Personal data shall be governed by our Privacy Policy, which is to be read with this Terms of Service and can be viewed at _________

 

  1. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website or pertaining to our Services and Products that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information of the Services or Products on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information  pertaining to our Services or Products or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

  1. DATA PROTECTION AND USER SITES.
    1. Both Users and We shall comply with all requirements of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. With respect to personal data collected by Us of a User, for the purpose of the Information Technology Rules, 2011 - the User is the data controller and We are the data fiduciary / processor.
    2. Any and all personal data processed by Us (as a data fiduciary / processor) on your behalf (as a data controller) in the course of providing our Website) shall be processed in accordance with the terms of Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
  • However, it is to be noted that section 69 of the Act, along with section 17 of Digital Personal Data Protection Act, 2023 which is an exception to the general rule of maintenance of privacy and secrecy of the information, provides that where the Government is satisfied that it is necessary in the interest of:
  1. the sovereignty or integrity of India,
  2. defence of India,
  3. security of the State,
  4. friendly relations with foreign States, or
  5. public order, or
  6. prevention, detection, investigation, prosecution or incitement to the commission of any cognizable offence relating to above, or
  7. enforcing any legal right or claim, or
  8. ordered by any court or tribunal or any other judicial or quasi-judicial or regulatory or supervisory body in India, or
  9. personal data of Users not situated within the territory of India is processed pursuant to any contract entered into with any person outside the territory of India by any person based in India, or
  10. a scheme of compromise or arrangement or merger or amalgamation of two or more companies or a reconstruction by way of demerger or otherwise of a company, or transfer of undertaking of one or more company to another company, or involving division of one or more companies, approved by a court or tribunal or other authority competent to do so by any law for the time being in force, or
  11. ascertaining the financial information and assets and liabilities of any User who has defaulted in payment due on account of a loan or advance taken from a financial institution, or
  12. research, archiving or statistical purposes if the personal data is not to be used to take any decision specific to a User.
    1. It may by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource. This section empowers the Government to intercept, monitor or decrypt any information including information of personal naturein any computer resource.
    2. Where the information is such that it ought to be divulged in public interest, the Government may require disclosure of such information. Information relating to anti-national activities which are against national security, breaches of the law or statutory duty or fraud may come under this category.

 

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
    1. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free or that defects will be corrected, that the Services or the Website or the server that makes it available, are free of viruses or other harmful components, or that the Services or items obtained through the Services will otherwise meet User’s needs or expectations. Neither the Website Provider, its affiliates nor any person associated with them makes any statement, warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Services. Website Provider and its affiliates hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
    2. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. No verbal or written representations, information or advice given by Company, its affiliates or their authorized representative shall create a warranty or in any way increase the scope of this Policy.
  • You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
  1. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  2. In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, or for any act or actions which may result in injury, damage to the life or limb or property of the User, or which may lead to interference in enjoying or availing the services provided herein even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
  3. Under no circumstances shall company or any of the indemnified parties be liable for any failure or delay in service resulting, directly or indirectly, from any event of force majeure or other reasons beyond our or their control, including, without limitation, acts of god, war, equipment and technical fail we are not responsible or liable for any incompatibility between the website and any other site, service, software, or hardware; or any delay or failure you may experience with any transmission or transaction related to the website. Company shall have no liability and responsibility for any additional expense, omissions, delays, or acts of any government or authority.

 

  1. No part of our Website or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to any aspect of our Services.
  2. We make reasonable efforts to ensure that the content contained within our Website is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that our Website (and the content therein) is complete, accurate or up-to-date.
  3. We may permit our Users share and update their reviews on their experience on our Website. However, in any event We shall not be responsible for any content or accuracy thereof, or for any opinions, views, or values expressed in any User Content or comments/reviews expressed by Users on our Website, uploaded, or hosted using our Website. Any such opinions, views, or values shall be those of the relevant User, and not our opinions, views, or values in any way.
  4. We are not responsible for any aspect of any services provided by Third-Party Service Providers, nor do we endorse those services in any way.
  5. While using our Website, user may be routed to other sites beyond our control, including links to or from affiliates and content partners who may utilise our Marks as part of an affiliate arrangement. When you click on a link that takes you away from the Website, the site you are taken to may not be in our control, and different terms of use and privacy policies may apply, which you should carefully read and analyse. We shall not be held responsible for checking or evaluating any such third party's offerings or the content of their websites, and that we do not warrant their offerings or the content of their websites or any other platform.
  6. Your use of services provided by any Third-Party Service Providers shall be subject to the terms and conditions / terms of service specific to those services. We will not be party to any contracts or agreements between you and such Third-Party Service Providers, nor will we be responsible for such transactions in any way.
  7. You are solely responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
  8. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Website.
  9. You must not attempt to gain unauthorised access to any part of our Website, the server on which our Website is stored, or any other server, computer, or database connected to our Website.
  10. You must not attack our Website by means of a denial-of-service attack, a distributed denial of service attack, or by any other means.
  11. By breaching the provisions of these sub-Clauses above you run the risk of committing a cybercrime under the Information Technology Act, 2000 (as may be amended from time to time) and such other cybercrime laws prevalent at that time. Any and all such breaches will be reported to the relevant law enforcement authorities and We will co-operate fully with those authorities by disclosing your identity to them. Your right to use our Website will cease immediately in the event of such a breach and, where applicable, your Account, User Content will be suspended and/or deleted.

 

  1. INDEMNIFICATION
    You agree to indemnify, defend and hold harmless the Company, the Website Provider, the brand and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

  1. USER LIABILITY
  2. In the event due to any reason whatsoever the payment has not been successfully processed on the part of Google Pay/GPay or such other third-party payment gateways integrated on our Website, then We shall not be liable and/or responsible to execute the order(s) placed by the User until the payment made by the User is reflected in our bank account. Further, it shall be the sole responsibility of the User to resolve the issue (if any) with Google Pay/ GPay or such other third-party payment gateways integrated on our Website, depending on the mode of payment chosen by the User. Company under no circumstances shall not be held liable and/or responsible in any manner whatsoever including processing of order in the aforesaid circumstances.
  3. Company is neither User’s agent nor contractor. We shall provide Our Website to User on a principal-to-principal basis and nothing contained in this Terms of Service shall constitute a partnership or joint venture or an agency relationship between User and Company; and Company does not authorize User to make any representation or to incur any liability on behalf of the Company.

 

  1. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

  1. TERM, TERMINATION & EFFECTS
    1. Term:
  2. A User may use our Website, register on our Website and avail our Services or purchase our Products available on our Website, until User notifies Company of its intention not to use its account on Our Website.
  3. These Terms of Service are effective from the time the User clicks “I Accept” and/or uses/continues to use Our Website and are in force until terminated by either User or the Website Provider.
  • A User shall be at a liberty to terminate these Terms of Service at any time by discontinuing their access to Website.
  1. A User shall notify the Website Provider / Company of its intention not to use its Account on the Website.

 

  1. Termination:
    1. The Website Provider /Company reserves the right to terminate or suspend access to all or any portion of the Services for violation or suspected violation of these Terms of Service.
    2. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  • These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
  1. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

  1. Effects of Termination:
  1. User will have no further rights to access our Website.
  2. Termination will not affect the rights, liabilities and/or claims of User that accrued prior to termination.
  • Upon Termination, Company shall, unless retention is necessary for compliance with any law for the time being in force:

(a) erase personal data of the Users, upon such Users withdrawing their consent; or

(b) if the purpose for which the personal data of the Users is collected has concluded or is no longer serving the purpose.

 

Legal notices may be sent to the Company at __________________ (if by email) or to 112-122, Hira Bhavan, Raja Ram Mohan Roy RD, Prarthana Samaj, Mumbai 400 004, Maharashtra, India (if by registered post). Notices to User may be sent to the email address supplied in User’s account as part of User’s Registration information. In addition, Website Provider may broadcast notices or messages through the Website / WhatsApp account of the User to inform matters of importance, and such broadcasts shall constitute notice to User to the extent permitted by applicable law. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email; or within three (3) days after Website Provider posts a notice on the Website.

 

When User uses Our Website or send emails or other data, information or communication to us, User agrees and understands that User is communicating with Us through electronic records and User consents to receive communications via electronic records from Us periodically and as and when required. We may communicate with the User by email or by such other mode of communication, electronic or otherwise.

 

  1. FORCE MAJEURE.

Website Provider will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Website Provider’s reasonable control including, but not limited to, epidemic, pandemic, global pandemic, lockdown, restrictions of law, regulations, orders, or other governmental directives, labour disputes, acts of God, third-party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.

 

  2. We may, in exceptional cases, transfer (assign) Our obligations and rights under these Terms of Service (and under the Contract, as applicable) to a Third Party (this may happen, for example, if We sell Our business).
  3. You cannot transfer (assign) your obligations and rights under these Terms of Service (and under the Contract) without Our express written permission.
  • If any of the provisions of these Terms of Service are found to be unlawful, invalid or otherwise unenforceable by any Court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Service. The remainder of these Terms of Service shall be valid and enforceable.
  1. No failure or delay by Us in exercising any of Our rights under these Terms of Service means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Service means that We will waive any subsequent breach of the same or any other provision.
  2. We may revise these Terms of Service from time to time in response to changes in relevant laws and other regulatory requirements.

 

User acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause the Company an irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Company may seek an injunction to prevent the User from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive and Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the Company may be entitled at law or in equity.

 

  1. PRIVACY POLICY AND WEBSITE USER POLICY

User agrees to comply with the then-current Website User Policy and Privacy Policy (collectively, the “Policies” and individually, the “Policy”). Website Provider reserves the right to modify either Policy at any time, and to the extent permitted by applicable law, changes to the Policies are effective immediately upon posting on the Website. User’s continued use of any portion or all, of the Services, following the posting of a revised Policy means that User accepts and agrees to the changes. In the event of an express conflict between the Terms of Service and the terms of the Privacy and User Policies, the Terms of Service will prevail.

 

  1. ENTIRE AGREEMENT

The failure on our part to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on our Website or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

  1. GOVERNING LAW

This Policy shall be construed and governed by the laws in India and courts in Mumbai alone shall have exclusive jurisdiction over matters relating to or arising from this Policy.

 

  1. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

  1. WAIVER AND AMENDMENT.

If the Website Provider fails to insist upon strict performance of User’s obligations under any of these Terms of Service, or if Website Provider fails to exercise any of the rights or remedies to which it is entitled under these Terms of Service, this will not constitute a waiver of such rights or remedies and will not relieve User from compliance with such obligations. No waiver by Website Provider of any default will constitute a waiver of any subsequent default, and no waiver by Website Provider of any of these Terms of Service will be effective unless it is expressly stated to be a waiver and is communicated to User in writing.

 

  1. DISPUTE RESOLUTION.
  2. The Parties shall attempt in good faith to resolve any dispute, difference or claim arising out of or in relation to this Policy through mutual discussion. In case it is not resolved within thirty (30) days from receipt of the written notice (setting out the dispute or claim) by the other party, the complaining party may issue a notice of reference, invoking settlement of such dispute through Arbitration.
  3. Any and all disputes arising out of or in relation to this Policy between the Parties hereto or arising out of or relating to or in connection with this Policy or the performance or non-performance of the rights and obligations set forth herein or the breach, termination, invalidity or interpretation thereof, shall be referred for arbitration in accordance to the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereof.
  • The place and seat of arbitration shall be Mumbai and the language used in the arbitral proceedings shall be English. Arbitration shall be conducted by a sole arbitrator to be appointed mutually by both the parties.
  1. Costs of arbitration shall be borne equally by the both the parties to this Policy.
  2. The arbitral award issued by such Arbitrator shall be in writing and shall be final and binding on the parties.

 

  1. COMPLETE UNDERSTANDING.

These Terms of Service, together with the Website User Policy, Cookie Policy, GDPR Policy and the Privacy Policy, constitute the sole and entire agreement between User and Website Provider with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms and conditions, both written and oral, with respect to the Services.

 

  1. CONTACT INFORMATION

Grievance Officer

In accordance with Information Technology Act 2000, the Consumer Protection Act, 2019 and rules made there under, the Digital Personal Data Protection Act, 2023 and such other data protection laws applicable on country-to-country basis and the amendments made thereto from time to time, the name and contact details of the Grievance Officer to address User grievances are provided below:

 

Name:

Address: 112-122, Hira Bhavan, Raja Ram Mohan Roy RD, Prarthana Samaj, Mumbai 400 004, Maharashtra, India.

Phone:

Email:

Time:

EFFECTIVE DATE: _ October, 2023