This Agreement is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000, and rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. This Agreement does not require any physical, electronic or digital signature.
1. APPLICABILITY OF THIS AGREEMENT
THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND RUSHABH JEWELS. BY USING THE WEBSITE, ITS SERVICES, AND FEATURES, YOU ARE ACKNOWLEDGING, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS, WHETHER YOU HAVE READ THE SAME OR NOT;
This Agreement is subject to revision by RUSHABH JEWELS at any time. The revised Agreement shall be made available on the Website. You are requested to regularly visit the Website to view the most current terms contained in this document. Your continued use of the Website, following such changes, will constitute your acceptance of those changes.
2. ABOUT US
The Website is a digital platform and facilitates the online purchase and sale of various kinds of Jewelry/ornaments and gold (“Product”) in a manner as provided under this Agreement (“Services”). By subscribing to our Services, either free or paid, you agree to:
- Provide current, complete, and accurate information about yourself as prompted to do so by the Website;
- To maintain and update the above information as required and submitted by you with the view to maintain the accuracy of the information being current and complete.
3. ELIGIBILITY TO USE
You represent that you are of legal age to form a binding contract and are not a person barred from receiving information under the laws applicable in India. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, please read through this Agreement with your parent or legal guardian, and in such a case this Agreement shall be deemed to be a contract between RUSHABH JEWELS and your legal guardian or parent and to the extent permissible under applicable laws, enforceable against you.
RUSHABH JEWELS reserves the right to refuse access to use the Website to any new users or to terminate access already granted to you at any time without according any reason for doing so.
You shall not have more than one active Account (defined below) on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another person.
4. YOUR ACCOUNT
To avail RUSHABH JEWELS’s Services, you may be required to create an account on the Website (“Account”). You agree to furnish all the requisite details and information that RUSHABH JEWELS may request at the time of the creation of the account and thereafter. You shall be responsible for maintaining the confidentiality of all such information furnished to RUSHABH JEWELS including without limitation, login credentials, password, etc. You agree to (a) immediately notify RUSHABH JEWELS of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. RUSHABH JEWELS cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by RUSHABH JEWELS or any other user of or visitor to the Website due to unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential.
You further declare and affirm that all the details provided to RUSHABH JEWELS by you are correct and true to the best of your knowledge and belief. If any information provided by you is incorrect, illegal, or against the provisions of any laws, RUSHABH JEWELS shall have the right to terminate this Agreement and deactivate your Account on the Website.
If anyone other than yourself accesses your Account, they may perform any actions available to you, make changes to your Account, accept any legal terms available therein, make various representations and warranties, and more – and all such activities will be deemed to have occurred on your behalf and in your name.
You may request closure of the account at any time by clicking on the “deactivate your account” button. Your account will be deactivated.
5. USER OBLIGATIONS
RUSHABH JEWELS grants you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website.
You agree not to access (or attempt to access) the Website by any means other than through the interfaces that are provided by RUSHABH JEWELS. You shall not use any deep-link, robot, spider, or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
When you use the Website, you specifically undertake not to use the Website or to host, display, upload, modify, publish, transmit, update or share any information that:
a. belongs to another person and to which you do not have any right to;
b. 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 whatsoever;
c. harms minors in any way;
d. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
e. threatens the unity, integrity, defense, 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 insulting of any other nation;
f. infringes any patent, trademark, copyright, or other proprietary rights;
g. contain software viruses or any other computer code, files, or programs designed to interrupt destroy or limit the functionality of any computer resource;
h. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
i. engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
j. attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any RUSHABH JEWELS server, or to any of the Services offered on or through the Website, by hacking, password mining, or any other illegitimate means;
k. probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
l. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Websites or any affiliated or linked sites;
m. use the Website for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of RUSHABH JEWELS or other third parties;
n. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
o. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p. violate any applicable laws or regulations for the time being in force within or outside India;
q. violate the terms of the Agreement.
You agree that you are solely responsible to RUSHABH JEWELS and to any third party for any breach of your obligations under this Agreement or other Agreements and for the consequences (including any loss or damage which RUSHABH JEWELS or its affiliates or its Sellers may suffer) for any such breach.
6. OUR PRODUCTS/SERVICES
6.1. Third-party Products
The Website provides for certain Products that are provided by third-party Sellers and are sold on the Website where Customers can meet and interact with the Sellers for purchases. The Website or RUSHABH JEWELS is not and cannot be a party to or control in any manner any transaction between the Customers and such third party Sellers.
In such third-party Products, all commercial/contractual terms are offered by and agreed to between the Customers (buyers) and Sellers (sellers) alone as per principal to principal bipartite contractual obligations. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period, and mode of delivery, and warranties related to items listed for sale. RUSHABH JEWELS does not have any control and neither does it determine or advise or in any way involve itself in the offering or acceptance of such commercial contractual terms between the Customers and the Sellers. Further, you understand that a listing may end if another Customer buys the item, the Customer who made the listing chooses to end the same, or if the listing expires after a stipulated period of time.
RUSHABH JEWELS is neither involved in the buying and selling of items (in relation to such third party Sellers) on the Website nor liable or responsible for any non-performance or breach of any contract entered into between the Customers and the Sellers including but not limited to non-delivery or non-receipt, non-payment, damage, breach of representations and warranties provided by the Sellers or any fraud as regards the items listed on the Website. You acknowledge that RUSHABH JEWELS will not be liable for any damages, interests or claims, etc. resulting from not processing or any delay in processing a Transaction/ Transaction Price which is beyond the control of RUSHABH JEWELS. RUSHABH JEWELS shall not and is not required to mediate or resolve any dispute or disagreement between Users.
RUSHABH JEWELS does not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, or usefulness) of the items proposed to be sold or offered to be sold or purchased on the Website offered by the third party Sellers. In particular, RUSHABH JEWELS does not implicitly or explicitly support or endorse the sale or purchase of any items on the Website. RUSHABH JEWELS shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
6.2. Digital Gold
The Website facilitates buying and selling of Digital Gold. All transactions in relation to the purchase and sale of Digital Gold are final and non-reversible. RUSHABH JEWELS shall provide buy/sell quotes for the prices of gold, which shall be linked, based on a formula, to the prices of gold in the open market.
You may buy any quantity of gold through the Platform and RUSHABH JEWELS shall issue an invoice in relation to the gold purchased by you. The gold purchased will be delivered to and stored with a custodian in a vault on your behalf and at your request by default so that you do not have to physically hold it. You can redeem the Digital Gold against gold coins, jewelry, or cash anytime through the Website or physically at RUSABH JEWELS showroom. The minimum price to issue in Digital Gold is INR 500.
Before availing of the Services, you shall complete the registration process as may be prescribed from time to time. You shall follow the instructions given on the Platform for opening a Gold Account and competition of KYC as may be necessitated under law. RUSHABH JEWELS shall be entitled to collect and store relevant information and documents provided by you to the Platform for KYC purposes. As and when required by RUSHABH JEWELS, you will be required to provide additional documents for fulfilling the KYC requirements. You authorize RUSHABH JEWELS to make such inquiries as may be necessary to satisfy the validity of your identity. You shall be responsible for the correctness of information provided to RUSHABH JEWELS. If you have reasons to believe that there is an error in the information furnished by you, you shall immediately provide correct/updated information.
RUSHABH JEWELS reserves the right to terminate any Gold Account, with or without notice to you, in the event the KYC documents/information are found to be incorrect or the authenticity of the documents/information is found to be doubtful. You hereby undertake to indemnify and keep indemnified RUSHABH JEWELS against any and all losses, claims, liabilities costs, etc. which arise out of or relate to your failure to identify yourself and validate your account promptly and/or due to incorrect KYC document /information.
You will be responsible for maintaining the confidentiality of the Gold Account information and shall be fully responsible for all activities that occur under the Gold Account. You agree to immediately notify RUSHABH JEWELS of any unauthorized use of the Gold Account information or any other breach of security. RUSHABH JEWELS cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by RUSHABH JEWELS or any user or visitor of the Platform due to authorized or unauthorized use of the Gold Account, as a result of your failure in keeping the Gold Account information confidential.
6.3 SIAM Scheme
RUSHABH JEWELS facilitates an Equal Monthly Installment (“EMI”) scheme for the purchase of certain Products (“SIAM Scheme”). You can avail of this Service by making 11 equal monthly installments of which 1 monthly installment will be borne and paid by RUSHABH JEWELS. You shall only take the delivery and ownership of the Product(s) after the fulfillment of all the installments. Upon fulfillment of all the installments, you will receive RUSHABH JEWELS SIAM VOUCHER which you can utilize for certain eligible ornaments and Gold Coins (“Eligible Products”). You may buy multiple Products using the RUSHABH JEWELS SIAM VOUCHER to the extent of the voucher amount.
You shall be required to pay the installments either manually (cash/cheque/online payment) on a pre-determined date of every month or through a NACH mandate, details of which shall be shared with you via email at the time of initiating the Service. If the installment remains unpaid or if the cheque returns dishonored, RUSHABH JEWELS will give 1 (One) week’s time to process the amount due for that particular installment to ensure a continued EMI cycle. If the installment remains unpaid or if the cheque is returned dishonored and the same is not cleared for 2 (Two) weeks or more, RUSHABH JEWELS reserves the right to deactivate your SIAM Scheme without making any refunds. You may however choose the make a lump sum payment (a sum of all the EMIs) within a period of 6 months from such deactivation to reactivate your SIAM Scheme and avail the eligible products as aforementioned.
7. REFUND AND CANCELLATION
You may cancel your order within 24 hours of placement of an order on the Website. RUSHABH JEWELS does not refund the amount but will issue a refund voucher after deduction of the cancellation fee which can be utilized by you within a period of 1 (One year) from the date of such cancellation.
You may return a Product in return for either a refund voucher or another Product of a similar value or higher value by making an additional payment of the difference amount. All shipping costs in relation to returns and exchanges shall be borne by you and shall reflect at the time of exit through the cart.
Orders placed for Digital gold and SIAM Scheme are not eligible for any returns/refunds/exchanges. You may however encash your digital gold units already purchased or purchased an ornament/gold coins under the SIAM scheme as mentioned in the clause.
8. GENERAL TERMS
RUSHABH JEWELS may discontinue any of its Services either permanently or for such amount of time as it may deem fit in the best interest of the investors or due to any operation or change in any law for the time being in force. RUSHABH JEWELS will make sure to take care of the interests of the investors and inform them reasonably in advance prior to the discontinuance of such services. Any loss of profits, income, investment, etc. arising due to discontinuance of the Services or change in market forces affecting investments shall be the sole responsibility of the investors and RUSHABH JEWELS shall not be liable for the occurrence of any such loss.
8.2. Investment decision
RUSHABH JEWELS may provide for or publish research and opinions on the platform (like blogs, articles, latest news, etc.). You may rely on such information to make informed investments but such information and/or any Service on the Website shall not be construed as providing any investment advisory and you are requested to consult investment advisors before making such investment decisions.
RUSHABH JEWELS reserves the right to limit the quantity and/or the value of the items you are willing to purchase and such other restrictions as RUSHABH JEWLES deems fit and as may be applicable to orders placed by the same account, the same credit/debit card and also to orders that use the same billing and/ or shipping address. We will intimate you before you make any payments should such limits be applied. Titan reserves the right at its sole discretion to prohibit sales to anyone as it may deem fit.
9. INTELLECTUAL PROPERTY RIGHTS
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, pictures/photos, user interfaces, visual interfaces, and computer code (collectively, the "Content") on the Website is owned and controlled by RUSHABH JEWELS or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through your use of the Website, by no means are any rights impliedly or expressly granted to you in respect of such Content as otherwise mentioned in this Agreement. RUSHABH JEWELS reserves the right to change or modify the Content from time to time at its sole discretion.
The trademarks, logos, and service marks displayed on the Website ("Marks") are the property of RUSHABH JEWELS or respective third parties. You are not permitted to use the Marks without the prior consent of RUSHABH JEWELS or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, RUSHABH JEWELS owns all intellectual property rights to and into the trademark " RUSHABH JEWELS ", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from RUSHABH JEWELS or thirty party owner of such Content.
10. DISCLAIMER OF WARRANTIES & LIABILITY
The Website and all information, Content, material, products (including software), and services made available to you through the Website are provided by RUSHABH JEWELS on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise.
To the maximum extent permitted by applicable law, RUSHABH JEWELS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. RUSHABH JEWELS does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communications sent from RUSHABH JEWELS are free of viruses or other harmful components. RUSHABH JEWELS will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified expressly in writing.
You expressly understand and agree that to the maximum extent permitted by applicable law RUSHABH JEWELS will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Website or any Services, either with or without your knowledge.
RUSHABH JEWELS has endeavored to ensure that all the information on the website is correct, but RUSHABH JEWELS neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, product, or service. RUSHABH JEWELS shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, RUSHABH JEWELS shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond RUSHABH JEWELS' control.
Services including the RUSHABH JEWEL authorized Payment Gateway facility for electronic payment on an "as is" basis and without any warranty or condition, express, implied, or statutory, and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. RUSHABH JEWEL specifically disclaims any such warranty. You expressly agree that the use of the Website and RUSHABH JEWEL authorized payment gateway electronic payment facility is at your own risk.
For all the Third Party Products, the Seller and the logistics partner shall solely be liable for transport and delivery of the product. Rushabh Jewels shall have no privity of contract and you shall claim no liability regarding any loss, theft, damages, etc. caused to the product due to mishandling of the product by the Seller and/or the logistics partner.
You agree to indemnify, defend and hold harmless RUSHABH JEWELS, its subsidiaries, affiliates, Sellers, agents, and their respective directors, officers, employees, contractors, and agents (hereinafter individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with your breach of this Agreement.
Notwithstanding anything to contrary the Agreement(s), in no event shall RUSHABH JEWELS, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary, or punitive damages whatsoever, including those resulting from i) Your inability to use the Website in any manner, ii) loss of use, data or profits resulting from the use of any of our Services, whether or not foreseeable or whether or not RUSHABH JEWELS has been advised of the possibility of such damages, iii) any other claim arising out of or in connection with your use of or access to the Website.
12. TERM AND TERMINATION
The Agreement will continue to apply until terminated by either you or RUSHABH JEWELS as set forth below. If you want to terminate your agreement with RUSHABH JEWELS, You may do so by clicking on the “deactivate your account” button.
You agree that RUSHABH JEWELS may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if RUSHABH JEWELS determines that you have violated the terms of this Agreement.
RUSHABH JEWELS may, at any time, with or without notice, terminate this Agreement with You if:
- RUSHABH JEWELS is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
- RUSHABH JEWELS has elected to discontinue, with or without reason, access to the Website, or;
- In the event RUSHABH JEWELS faces any unexpected technical issues or problems that prevent the Website from working;
- Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination/expiry of this Agreement, will survive indefinitely unless and until RUSHABH JEWELS chooses to terminate them.
13. CONSENT AND PRIVACY
14. GRIEVANCE REDRESSAL MECHANISM
In case of any grievance, objection, or complaint on your part with respect to the Website and your usage thereof, including any complaints, you should promptly raise such grievance or complaint with the designated Grievance Officer at email@example.com and provide all necessary information and/or documents to enable the Grievance Officer to resolve the issue.
15. GOVERNING LAW AND JURISDICTION
This Agreement and all transactions entered into on or through the Website and the relationship between you and RUSHABH JEWELS shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, this Agreement, or any transactions entered into on or through the Website or the relationship between you and RUSHABH JEWELS shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat, India and you hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum nonconvenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action, or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
When you use the Website or generate an inquiry or contact us or make communication with RUSHABH JEWELS, You agree and understand that you are communicating with RUSHABH JEWELS through electronic records and you consent to receive communications via electronic records from RUSHABH JEWELS periodically and as and when required. RUSHABH JEWELS will communicate with you by email or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
17. GENERAL PROVISIONS
Notice: All notices with respect to this Agreement will be served to you by email provided by you at the time of registration or by general notification on the Website. Any notice provided to RUSHABH JEWELS pursuant to this Agreement should be sent to firstname.lastname@example.org.
Assignment: You cannot assign or otherwise transfer any rights granted hereunder or any obligations, to any third party, and any such assignment or transfer or purported assignment or transfer shall be void ab initio. RUSHABH JEWELS’ rights and/or obligations under the Agreement are freely assignable or otherwise transferable by RUSHABH JEWELS to any third parties without the requirement of seeking your prior consent.
Relationship: You and RUSHABH JEWELS are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you and RUSHABH JEWELS.