Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE AND/OR PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS AND PRIVACY POLICY.

The domain name and the brand name www.jewellers.live (hereinafter referred to as the "Website") is absolutely owned and operated by SMJ Solutions Pvt Ltd, a company incorporated under the Companies Act, 2013 with its registered office at No.42, H.No.7, Sri Rama Building Royal Placid Layout, Phase 1, Haralur Main Road, Bangalore 560102, exclusively creates and manages webstore(s) for other Jewellers (together “Company”, “We” or “Us” and their connotations) and operates it under the domain and sub-domain www.jewellers.live (“Websites”), a mobile application “jewellers live” available on Google play store and Apple app store (“App”), and the uniform resource locator and/or mobile application created for each Merchant (“Merchant Platform”) (the Websites, the App, and the Merchant Platform together called as “Platform”).

The users of the Platform shall mean to include any individual or corporate body, who has agreed to become a user of the Platform by accessing or using the Platform, including but not limited to jewellers (“Merchants”) or their customers (“Customers”) and are herein referred to as “Users”. The term “Users” for the purposes of these terms shall be read as “You” and its connotations and shall mean the Merchants and/or Customers as the context may so prescribe.

These terms and conditions (“Terms”) describe the terms on which the Company grants Users access to the Platform and certain provisions may apply specifically to only one class of the User depending on whether the Platform is being accessed by the Customer or the Merchant and shall be read with the privacy policy available.

In the event that you are a Merchant, Part (A) of these Terms shall specifically apply to you. In the event that you are a Customer, Part (B) of these Terms shall specifically apply to you. Part (C) of these Terms shall apply to the Merchants as well as the Customers. These Terms shall apply fully to your use or access of this Platform. By using or accessing this Platform, you agree to accept all Terms written in here. You must not use or access this Platform if you disagree with these Terms.

Minors or people below 18 years old are not allowed to use this Platform and any person below the age of 18 years availing the Services shall be deemed to have obtained parental consent to do so.

SERVICES
The Company via its Platform;

a) Enables the Merchants to offer products or service including but not limited to gold jewellery, silver jewellery, DIamond jewellery, Gemstones, loose diamonds, coins, bars, digital gold, gold loans, purchase plans/schemes, online payment options to the Customers and (“Merchant Services”)

By virtue of this Platform, the Customers or Merchants shall be able to choose and avail Merchant Services. It is hereby clarified that the Company is not rendering the Merchant Services to Customers, directly by itself, and it is merely providing a Platform to its Users and facilitating the transaction related to Merchant Services being offered by the applicable Merchant. You hereby acknowledge that the Company only facilitates the transactions related to Merchant Services through this Platform and will not be liable in any manner whatsoever with respect to any of the Merchant Services being offered to You.

(A) TERMS APPLICABLE ON MERCHANTS
The Merchant undertakes to provide accurate and correct information while registering on the Platform and while offering Merchant Services. The Merchant shall provide all such documents as and when required by the Company. In case of any changes in the aforementioned information, the Merchant shall immediately inform the Company in writing and rectify the information. The Merchant agrees and confirms that we may review the information provided and undertake any appropriate due diligence. However, we shall not be liable for any loss or damage caused to the Merchant due to submission of inaccurate information.

The Merchant hereby represents and warrants that it has all the necessary rights, consents, and permissions for the content that is being transmitted, displayed, stored through the Platform and that no content will violate or infringe any (i) third party intellectual property, publicity, privacy or other rights or (ii) any laws.

The Merchant shall at all times be responsible for maintaining the quality, authenticity and sanctity of the Merchant Services that is being sold through the Platform. The Merchant shall not hold the Company liable for any issues owing to quantity and/or quality of the Merchant Services or for any issues related to the delivery of the Merchant Services and at all times indemnify the Company in case of any third party or Customer claim.
The Merchant is solely responsible for the quoted prices of Merchant Services on our Platform, for selling and/or delivering the Merchant Services to the Customer, for storage, fulfilment of any order placed by the Customer, and for any deficiency in the Merchant Services performed by the Merchant.

The Merchant is the operator of the specific purchase plan as introduced by it from time to time and entered into by and between the Merchant and the respective Customers. Such purchase plans will be governed by the terms and conditions of the respective purchase plan.
Any disputes arising between the Customer and the Merchant shall be resolved by the Merchant at its sole and absolute liability. The Merchant hereby agrees to absolve the Company from any liability arising from these Terms as well as the applicable purchase plan terms. In an event, where the Company is made a party to any dispute, the Merchant hereby agrees to indemnify the Company for any loss suffered.

The usage of certain services and features of the Platform are subject to usage charges (“Platform Fees”). The Platform Fees for usage of a feature or services will be either published on the Platform or communicated directly to the Merchant. In consideration of using a paid service or a paid feature of the Platform, the Merchant hereby unconditionally agrees to pay the respective Platform Fees to the Company. The Merchant further agrees that the Platform Fees is subject to change by the Company and such change shall be accepted by the Merchant, from time to time.
The Merchant grant the Company unconditional and irrevocable right to deduct the Platform Fees directly from any amount received by the Company from Customers for the Merchant Services. The Merchant agree to settle any Platform Fees that has not been automatically deducted by the Company on a monthly basis. Any pending payments beyond this will incur a penalty fees of 5% per month.

In order to facilitate the provision of Merchant Services between the Merchants and Customers, the Company provides payment facility as a feature on the Platform either directly or through a third party service provider at its sole discretion (“Payment Gateway”).
The Company directly or via the relevant third party service provider shall transfer the amount paid by the Customer using Payment Gateway (after deducting the Platform Fees) in the Merchant’s account, within 2 working days from Customer being in receipt of such Merchant Services.

(B) TERMS APPLICABLE ON CUSTOMERS
The Customer agrees that the prices for Merchant Services reflected on our Platform are being managed, controlled and operated by the applicable Merchant and we do not determine, set forth, or control the prices offered by Merchants in any manner. For certain transactions, the Customer shall bear fees and charges in addition to payment for prices displayed on the Platform. Such additional fees and charges shall be as are appearing on the Platform. The Customer agrees to pay attention to the details of the transactions entered into by them, because the total price for a transaction may include taxes, fees and shipping costs (as the case maybe), which the Customer is responsible for paying. We assume no liability for the accuracy of any pricing, the content of displayed images or any other associated information in relation to Merchant Services displayed by Merchant on our Platform.

The Customer hereby agrees to undertake the sole responsibility towards providing us with the accurate and correct information while registering to our Platform and while using Merchant Services. In an event, where the Customer believes that an information provided has any error or has changed from the original information provided, the Customer shall immediately inform us in writing and forthwith rectify the information. The Customer agrees and confirms that we may review the information provided and undertake any appropriate due diligence. However, we shall not be liable for any loss or damage caused to the Customer due to submission of inaccurate information.

The Customer agrees and understands that the applicable Merchant is solely responsible for the delivery and fulfilment of Your order. You shall not hold the Company liable for any issues owing to quantity and/or quality or for any issues related to the delivery of the Merchant Services.
The Customer shall be solely responsible for providing accurate payment information. You agree that all information that you will provide is accurate, complete and current and that payments means (including but not limited to credit card/debit card/net banking/upi) used by you is lawfully owned by You. You will pay all payment owed, including any applicable taxes for the respective Merchant Service and the Company or the Merchant will not be responsible for any delay or refusal in authorization of payment by Your Bank or financial institution. In case of a delay or refusal of the payment, the Merchant shall have the right to delay or cancel the order of the Merchant Service without any further liability. You hereby agree that We cannot reverse any payment that has been made through our Platform. Your sole recourse for any issues related to payment will be to contact the Merchant for a resolution.

You agree and acknowledge that the Merchant has the sole liability to maintain purity and authenticity, deliver accurate ordered quantity in terms of weight and measurement, content and fitness and associated aspects for the Merchant Services through our Platform. Additionally, the Merchant shall have the sole liability towards raising invoices, providing for any warranty, provide any post sale support and the Company will not have any liability on these account in any manner, whatsoever.

You shall raise any concern that you might have related to Merchant Services that has been transacted through the Platform with the applicable Merchant. The Platform will allow for facilitation of any grievances / complaints associated to any transaction that has been made through it.
The Customer acknowledges and agrees to the effect that in the event he opts/avails for any purchase plan made available by any applicable Merchant, the purchase plan shall govern the terms of such purchase. You hereby agree that your relationship with the applicable Merchant will be governed by the terms of the aforementioned purchase plan. You agree to have carefully read and acknowledge all applicable terms and conditions before entering into any transaction with a Merchant through our Platform.

(C) GENERAL TERMS
Please note that Part (C) of these Terms shall apply to the Merchant and as well the Customers.

For accessing and using the Platform You might be required to create a username and password and/or use mobile verification and/or use email verification (together “Login Details”)”. You are responsible for what you do with your Login Details including maintaining the security, safety, and confidentiality. You agree and acknowledge that anybody with Your Login Details will be able to use Your account as You would and perform any actions as You would. You shall immediately notify the Company of any actual or suspected unauthorized use of Your Login Details. You will be solely responsible for any such access and/or losses incurred by You and the Company will have no liability whatsoever in such cases. However, you shall be liable for any losses suffered by the Company or such other parties as the case may be, due to any unauthorized use of Your account.

You acknowledge and confirm to the effect that our role is limited to providing a Platform facilitating all of Merchant Services. We are not to be construed as a marketplace to provide any such services to Customers or Merchants. We are neither acting as a seller of any Merchant Services being offered nor are we responsible for fulfilment of the order in any manner.

You agree that the Company based on internal policies, statutory and regulatory requirements may report any transaction to appropriate authorities in case any transaction is classified as suspicious or fraudulent and We shall not be liable for any loss caused to You for such reporting required under law, even if such transaction is later deemed to be lawful at any stage.

You agree that each Merchant Services may have specific terms and conditions associated with them and You by using those Merchant Services agree to be legally bound and govern by those terms and conditions along with the Terms and the Privacy Policy.

LICENSE TO USE
Company hereby grants you the limited right to access, view and use the Platform only for the purposes of providing or availing the Merchant Services. Any rights not expressly granted to you herein are reserved to the Company.

RESTRICTIONS ON USE
You must comply with the laws that apply to you in the location that you access Platform or its services from. If any laws applicable to you restrict or prohibit you from using the Platform or its services you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Platform or its services. You promise that all the information you provide to Company on accessing and/or using the Services is and shall remain true, accurate and complete at all times.

Notwithstanding anything, you are specifically restricted from all of the following:
Publishing any Platform material in any other media unless expressly permitted by the Company;
Selling, sublicensing and/or otherwise commercializing any Platform material;
Publicly performing and/or showing any Platform material without the Company’s prior written consent;
Using this Platform in any way that is or may be damaging to this Platform;
Using this Platform in any way that impacts user access to this Platform;
Using this Platform contrary to applicable laws and regulations, or in any way may cause harm to the Platform, us or to any person or business entity;
Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Platform;
Duplicating, downloading, reproducing, exploiting or creating any derivative works of the Platform material;
Framing or utilizing any framing techniques to capture any trademark, logo, or other proprietary information in any form belonging to the Company without its express written consent;
Using this Platform to engage in any advertising or marketing unless expressly permitted by the Company.
Certain areas of this Platform are restricted from being accessed by you and we may further restrict access by you to any areas of this Platform, at any time, in absolute discretion.

AGREEMENT TO RECEIVE COMMUNICATION

• You hereby agree for the receipt of communication and newsletters from Jewellers.live by way of e-mails and/or SMS notifications. You shall intimate Jewellers.live immediately of any changes to contact. By accepting these Terms, You further authorize Jewellers.live to get in touch with You for communication and promotions, despite any Do Not Disturb requests made by You.

 

FEEDBACK

• The Platform may allow You to post Your review and experience of using the Platform in order to improve the user experience.

• You represent that all such Reviews will be in accordance with applicable law. You acknowledge that Jewellers.live does not endorse any Reviews on the Platform and is not responsible or liable for any Reviews.

• Jewellers.live reserves the right to disable access to the Reviews on the Website to disable access on any part of the Platform.

• You hereby grant Jewellers.live an absolute right to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Reviews in any manner as deemed appropriate by Jewellers.live in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by Jewellers.live.

• You further represent and warrant that while posting any Reviews on any part of the Platform You shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, You shall not post any content on any part of the Platform that is obscene, pornographic.

 

CONFIDENTIALITY

• As provided in the Privacy Policy, all confidential information, including Your personal information, shall not be shared/disclosed to anyone except as required by law, and shall ensure that such confidential information is protected with adequate security measures.

• Jewellers.live acknowledges that only its employees, directors, agents and contractors shall use the confidential information only for the intended purpose provided for. Jewellers.live shall take all reasonable meaures to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these Terms of confidentiality.

 

LINKS TO THIRD-PARTIES' WEBSITES

• The Website or any other part of the Platform may contain links and interactive functionality interacting with the websites of third parties. Jewellers.live is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Jewellers.live strongly recommends that You review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website and/or mobile based software applications/programs (as may be applicable) and/or any liability whatsoever in relation to Your use of such website and/or mobile based software applications/programs (as may be applicable) save and except to the extent expressly set out in these Terms. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such any such website and/or mobile based software applications/programs (as may be applicable), Jewellers.live strongly recommends that You review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of such any such website and/or mobile based software applications/programs (as may be applicable).

 

INDEMNIFICATION

• You shall indemnify and hold harmless Jewellers.live, its owner, licensee, affiliates, subsidiaries, dealers, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms, Privacy Policy and other policies, or Your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

 

TERMINATION

• Jewellers.live may suspend, or terminate access to, all or any portion of the Platform or Your ability to access any Services through the Platform at any time for any reason including termination for breach of any of these Terms or privacy policy or for any other action prejudice to Jewellers.live.within 24-48 hrs from the time of request placed.

• These Terms shall further stand terminated:

• if jewellers.live is adjudged bankrupt or declared insolvent;

• if jewellers.live ceases to carry on its business or has communicated to the Security Trustee any intention to cease to carry on its business;

• if jewellers.live breaches any of the terms and conditions under the Security Trustee Agreements or Terms and jewellers.live does not remedy such breach within 60 (Sixty) days of being called upon to do so by the Security Trustee;

• upon any corporate action (excluding any third-party corporate action), legal proceedings or other procedures or steps being taken in relation to the suspension of payments, winding up, dissolution, administration, provisional supervision or reorganization or restructuring (by way of voluntary arrangement, scheme of arrangement or otherwise) of jewellers.live;

• upon jewellers.live commencing a voluntary proceeding under any applicable bankruptcy, insolvency, winding up or other similar applicable law now or hereafter in effect, or consenting to the entry of an order for relief in an involuntary proceeding under any such applicable law, or consenting to the appointment or taking possession by a receiver, liquidator, assignee (or similar official) for the whole or a substantial part of its property or takes any action towards its re-organization, liquidation or dissolution;

• upon an order being made for the winding up, bankruptcy or dissolution of jewellers.live, or an application is admitted for initiating any corporate insolvency resolution process against jewellers.live in accordance with Applicable Law;

• upon any encumbrancer lawfully taking possession, or a liquidator, judicial custodian, receiver, administrative receiver or trustee or any analogous officer having been appointed in respect of the whole or a substantial part of the property of jewellers.live, or an attachment, sequestration, distress or execution (or analogous process) being levied or enforced upon or issued against whole or a substantial part of the assets or property of jewellers.live, or any action has been taken or suffered against jewellers.live towards liquidation or dissolution or similar reorganization; or

• upon a liquidator or provisional liquidator being appointed to jewellers.live or a receiver, receiver and manager, trustee or similar official being appointed in respect of jewellers.live or any of its assets, or an event analogous.

CONSEQUENCES OF TERMINATION

• Upon such termination for any reason whatsoever, subject to these Terms :

• You agree that jewellers.live shall not be liable for any discontinuation or termination of Services by any third party

• None of Your content shall remain accessible on the Website upon termination. This information cannot be recovered by You, once the account is terminated.

• The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

DISCLAIMER OF WARRANTIES

• THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE "CONTENTS") ARE PROVIDED BY jewellers.live ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. jewellers.live MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. jewellers.live SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION OR ANY OTHER LOSSES INCURRED BY YOU FOR USE OF THE WEBSITE. YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. jewellers.live WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE SERVICES OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, jewellers.live DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM (OR ANY PART THEREOF) AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

 

LIMITATION OF LIABILITY

• You hereby acknowledge that company (including but not limited to its, directors, employees, agents or partners) shall not be held liable to You for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. Company shall also not be liable under any circumstances for damages arising out or related in any way to Your inability to access, or Your difficulty in accessing the Platform or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, any loss of Your data, any claim relating to Your data or content from the Services, Your failure to keep the Customer Account Information secure and confidential. You further agree that the company shall not be held responsible in any manner whatsoever for any and all acts of the Intermediaries.

 

CONTENT AND INTELLECTUAL PROPERTY RIGHTS

• Company solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Services and content on the Website as well as any content provided by company and displayed on/accessed except for any images uploaded by the partnered stores for exchange of digital gold for jewelry via

• (i) any website(s) operated by jewellers.live or/

• (ii) any mobile based software applications/programs offered by jewellers.live is protected under The Indian law.

• You hereby acknowledge that the Services on company constitute purely original works and have been developed by applying standards of judgment and investing substantial time, effort, and money and constitutes valuable intellectual property of jewellers.live and such others.

• You thereby agree to protect the proprietary rights of company during and after the term of these Terms.

•  You may not selectively download any portions of the Platform. You may download material from the Platform only for the purpose intended by these Terms.

• Any infringement shall lead to appropriate legal proceedings against You at appropriate forum for seeking all available remedies under applicable laws of the country.

 

GOVERNING LAW AND DISPUTE RESOLUTION

• These Terms shall be governed by and construed in accordance with the laws of India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Bangalore, Karnataka, India.

 

ASSIGNMENT

• It is expressly agreed by the parties that company may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to You, except to the extent provided by law.

 

GRIEVANCE REDRESSAL MECHANISM

• In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

 

Name: Aryan Sachdev

Address: SMJ Solutions Private Limited

No.42, H.No.7, Sri Rama Building Royal Placid Layout, Phase 1

Haralur Main Road, Bangalore 560102

E-mail: business@jewellers.live

 

If You wish to make a complaint regarding any violation of the provisions of these Terms, You may send a written complaint to the Grievance Officer, who shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.

HOW TO CONTACT US

• If You have any questions or concerns about these Terms, please contact jewellers.live at business@jewellers.live

AMENDMENT OF TERMS

• Please note that these Terms may be amended from time to time by Company.

• You would be provided 7 days' prior notice to such changes/ amendments which does not change the nature of the obligations cast upon you and Company.

• In the event, any proposed changes or amendments to the Terms are adverse to or in any way detrimental to the You, then company shall provide You with 14 days' prior notice requiring You to opt out of the agreement/understanding on which company would provide the Services to You as recorded in these Terms. In the event that You do not respond to any such proposed change/amendment within 7 working days stating that You do not accept such change/amendment and wish to opt out of the Terms, then You would be deemed to have consented to such proposed change or amendment to these Terms.