JEWELLERYCART.IN
MANUFACTURERS/RETAILERSPANEL TERMS OF USE
THIS MANUFACTURERS/ SELLER PANEL TERMS OF USE (THE “TERMS OF USE”) IS AN ELECTRONIC DOCUMENT IN TERMS OF USE OF 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.
PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE MANUFACTURERS/RETAILERSPANEL (DEFINED BELOW), SHALL SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. Sri kimtee jewellers, a propritory concern represented by Mr. Deepak kumar kimtee, having registered office at H.No- 8-2-686/k/3/1, Kimtee banjara heights Road no 12, Banjara hills, Hyderabad-500034, Telangana, owns, operates and maintains the online market place located at the URL http://www.jewellerycart.in (herein after refered to as jewellerycart.in or the “Website/APP”). Sri kimtee jewellers owns operates and maintains a software application hosted at the URLs https://www.jewellerycart.in or any other URLs /Play Store/ or any Operating Systems listed from time to time, which facilitates listing of products for display, managing the order/sale of Products, providing the Product details, charges, costs price, inventory management, inventory maintenance, etc. provided by the dealer/manufacturer/sellers who have accepted the jewellerycart Manufacturers/RetailersAgreement .
Jewellerycart may in its sole discretion modify the Terms of Use or any policy hyperlinked to this Terms of Use at any time without any notification to You. Jewellerycart may in its sole discretion incorporate any new policy to this Terms of Use at any time without any notification to You. It is Your responsibility to review the Terms of Use from time to time. You will be deemed to have accepted the Terms of Use as amended, if You continue to access and use the Website/APP and/or Seller Panel after the amendments are posted on the Website/APP or Manufacturers/RetailersPanel or communicated to You. In case of any contradiction between the jewellerycart and Manufacturers/RetailersAgreement, the Terms of Use and any the terms of any other policies issued by Jewellerycart, the terms of the Jewellerycart shall prevail.
1. Jewellery Cart Role
You agree that Jewellerycart.in role is to managing the Website/APP and for the display of the Products, their details/cost/charges etc and other incidental services provided by Manufacturers/Retailersto facilitate the transactions between You , Jewellerycart or the buyers of the Products (the “Buyers”). Accordingly Jewellercart.in is an intermediary and the Website/APP is only a platform or an online market place where the dealer/manufacturer/sellers agree to display and offer its Products for order/sale to Jewellerycart.in and/or to Buyers. It is agreed by the Manufacturers/Retailersthat all products, designs, descriptions etc provided by the Manufacturers/Retailerscan be used by jewellerycart.in in whatsoever manner it deems fit and proper for promoting such products and brands associated with such products if any, in there or any media or medium it feels fit, and you as the manufacturer/seller agree and authorize the same.
2. Use of Manufacturers/Retailers product account:
2.1 On being registered as a Manufacturers/Retailers on the Website/APP, You shall be given access to Your products account with a unique login id and password to view your products and get orders through jewellerycart.in portal/APP. You as a Manufacturers/Retailers can update/change the order status, costs/charges/price and inventory of the Products on the Website/APP. You shall provide accurate information of the products to jewellerycart.in to update the same in there Website/APPs. The Product description shall not be misleading and shall describe the actual details of the Product. If You provide any information that is copied, untrue, inaccurate, not current or incomplete (or which becomes copied, untrue, inaccurate, not current or incomplete), or jewellerycart.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, jewellerycart.in has the right to suspend or terminate such product/s or Your access to the Manufacturers/Retailers Panel and refuse any and all current or future use of the Manufacturers/RetailersPanel (or any portion thereof).
2.2 You agree to use the services provided to You as a Registered Manufacturers/Retailers of the Website/APP only for the purposes that are permitted by: (a) jewellerycart.in manufacturers/ Seller Agreement; (b) these Terms of Use; and (c) any applicable law, regulation or generally accepted practices or guidelines in India. You also agree to comply with the (a) jewellerycart.in Banned Products’ List; (b) product delivery policy (c) Pay Policy (d) Product Return to Origin Policy;
(e) Product Reverse Pickup Policy; (f) Product Packaging Guidelines; (g) Jewellerycart.in Manufacturers/RetailersPanel Privacy Policy, and such other policy(ies) which jewellerycart.in may issue from time to time. [Comment: Please provide hyperlinks to these policies.]
2.3 Jewellerycart.in reserves the right to determine the dealer/manufacturer/sellers who may give there products for display/sell on the Website/APP. Jewellerycart.in also reserves the right to suspend or terminate Your access to the Website/APP and/or the Manufacturers/RetailersPanel, without assigning any reasons for doing so.
2.4 You agree that as a Registered Manufacturers/Retailersof the Website/APP, You shall not directly or indirectly facilitate or grant access of the manufacturers/ Seller Panel to any unauthorised person or entity.
2.5 You shall be responsible for maintaining the confidentiality of Your login id and password required for accessing the Manufacturers/Retailers Panel. Jewellerycart.in shall/will not be held responsible/liable for any loss that You may incur as a consequence of the unauthorized use of Manufacturers/RetailersPanel or any services or materials, either with or without Your knowledge. You agree to (a) immediately notify jewellerycart.in of any unauthorized use of Your Manufacturers/RetailersPanel account or any other breach of security, and (b) ensure that You exit from Your Seller Panel account at the end of each session.
3. Conduct of Business
3.1 You shall be responsible for ensuring that the Products displayed is updated and reflects the real-time availability / non-availability of the Products listed on the Website/APP or delivering of the same within specified time as stated in the Website/APP or communicated. Jewellerycart.in shall not be responsible for claims made by Buyers for inaccurate Product availability details or delay that are displayed on the Website/APP due to Your negligence / default to provide updated and accurate Product information and execution of the same.
3.2 You represent that all material provided by you to be uploaded by jewellerycart.in to describe the Product, either by way of any text descriptions, graphics, or pictures or videos shall not be obscene, profane, defamatory, or infringe the intellectual property rights or any other rights of any person or entity.
3.3 You shall be solely responsible for making any representations or warranties with respect to the quality of the Products to jewellerycart.in and the Buyer, including all relevant Product warranties.
3.4 For all orders placed through the Website/APP directly or indirectly, payments shall be collected by manufacturers/Retailers as seller. Herein jewellerycart is not responsible for collecting/remitting the payment to Manufacturers/Retailersfor the product.You agree to keep Jewellerycart.in indiminified now and in future for any transaction between the Manufacturers/Retailers/Customers.
3.5 You shall be solely responsible for product quality/details/description etc and shall guarantee the same or return/refund the sums received in form of cash/kind/metal etc, if any such product is found not as per the description/quality/details/damage etc as ordered through jewellerycart.in or/any buyer through the same
4. Manufacturers/RetailersRepresentations and Warranties
4.1 By accessing and using the Manufacturers/RetailersPanel You represent to us that: (a) You are not a minor under applicable laws and You have the authority to enter into legal contracts; (b) You have legal title to and ownership of the Products and the content (including all intellectual property rights) that You feature on the Website/APP; and (c) the information You have provided to jewellerycart.in during the registration process and thereafter, including all information relating to Your Products, whether or not posted on the manufacturers/ Seller Panel and/or Website/APP, is to the best of Your knowledge complete, truthful and accurate.
4.2 You also represent that You will not:
(i) harass or interfere with the privacy of jewellerycart.in or its/any Buyer, and post false, inaccurate, misleading, defamatory, or libelous content about any other seller, Buyer or jewellerycart.in or directly deal with the buyers or other Manufacturers/Retailersof the jewellerycart.in.
(ii) utilize, copy, modify, distribute, or harvest content, including photographs of alleged Products, from the Website/APP for use elsewhere without obtaining prior permission;
(iii) engage in any disruptive technology-related practices such as spamming, hacking, improper harvesting and use of user information, or distributing viruses or any technology that may harm the Website/APP or any Manufacturers/Retailersor Buyer;
(iv) violate any laws, third party rights, or any of our policies posted on the Website/APP;
(v) host, display, upload, modify, publish, transmit, update or share any Product or information or content including images, video and text, that:
(a) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
(b) harm minors in any way;
(c) infringes any patent, trademark, copyright or other proprietary rights;
(d) violates any law for the time being in force;
(e) deceives or misleads the addressee about the origin of such Product, information or content, or communicates any information which is grossly offensive or menacing in nature;
(f) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
(g) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
4.3 jewellerycart.in may, at its sole discretion, with immediate effect and without notice, restrict, suspend or terminate Your access to the and/or to the Website/APP, upon your breach or alleged breach of any of the above representations and warranties.
5. Referal Terms:
Jewellerycart.in to promote and increase the business for the Manufacturers/Retailers and customers from time to time provide Discounts/Promotion/Referral points to its users so to avail certain benefits for the use of the Website/APP.
1. For Manufacturers/Retailers:
The Website/APP with permission from the user on Downloading and registering as a manufacturers/Retailers will get referral points on every download and registration by the contact from his contact list. This points the user can redeem on his subscription/Services/Promotions to a max of 25% per month, the balance will be in his account. The points will be assigned a value as decided by the Jewellerycart.in management.
2. For the Customers:
The Website/APP with permission from the user, on downloading and registering as a customer will get referral points on every download and registration by the contact from his contact list this points the user can redeem on purchase from the registered retailer to a max of 2% or as given by jewellerycart.in of the invoice value. The details of the same has to be uploaded by the retailer with details of purchase.
This value will be converted to points and will be added to the retailers account which he can redeem as per the clause 5(1) above.
Note: No two offers can be clubbed together for redeeming the Referral Points.
The Retailer/Manufacturers can refuse to redeem at his discretion if he/she has made sale with any offers or have given discounts.
Decision of the Management will be final and referral program can be changed or discontinued without any prior intimation. Terms & Conditions Apply.
6. No Warranty
6.1 JEWELLERYCART DOES NOT UNDERTAKE THAT THE WEBSITE/APP OR ANY SERVICE OR FEATURE OF SUCH WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE USE OF THE WEBSITE/APP WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE/APP IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
ALL INFORMATION PROVIDED ON THE WEBSITE/APP AND THE MANUFACTURERS/RETAILERSPRODUCT IS SUBJECT TO CHANGE WITHOUT NOTICE. JEWELLERYCART.IN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JEWELLERYCART.IN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH, OR RELATED TO, USE OF WEBSITE/APP.
6.2 You acknowledge and agree that Jewellerycart.in shall not be liable for any loss, damages or claims (direct or indirect) which may arise due to non-availability of the Website/APP and/or services provided such Website/APP hereunder for any reasons whatsoever. Jewellerycart.in may in its sole discretion inform You of the non-availability of the Website/APP and/or services provided through Website/APP at any time.
7. Indemnity
7.1 You agree to indemnify and hold harmless Jewellerycart.in and its propritors/partners/directors, employees, officers, representatives and agents from and against all third party claims, and all related damages, losses, liabilities, costs and expenses of every kind arising out of, or as consequence of:-
(a) Your breach of any of the provisions of the Agreement;
(b) infringement of any third party’s intellectual property by You;
(c) Your breach or contravention of any applicable law.
8. Dispute Resolution & Jurisdiction
8.1 If any dispute arises between the Parties hereto during the subsistence of these Terms of Use or thereafter, in connection with, or arising out of, this Agreement, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by Jewellerycart.in. Arbitration shall be held at Hyderabad, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. These Terms of Use shall be governed in accordance with the laws of India and courts in Hyderabad, Telangana shall have exclusive jurisdiction.
The information contained on this Website/APP is subject to change without notice. Copyright © jewellerycart.in. All rights reserved.
Private and Confidential
9. Data Privacy
You acknowledge and agree that Jewellerycart.in can use your email and mobile no to promote the products and to send the notification and/or advertise related to products on Jewellerycart.in
Jewellerycart.in can also share your contact to third party for promotion purpose only.