TERMS AND CONDITIONS FOR
SELLERS AND BUSINESSES
This document is an
electronic record in terms of the Information Technology Act, 2000 and the amended
provisions about electronic records in various statutes as amended by
the Information Technology Act, 2000. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
.GENERAL
For the User
Agreement, Registered User / and wherever the context so require 'You' shall
mean any natural or legal person who has agreed to become a member of the Website/Mobile
Application by providing Registration Data (as defined hereinafter) while
registering on the Website/Mobile Application using the computer systems of the
Website/Mobile Application and accepted this electronic version / electronic
record of the User Agreement and has allocated himself a unique identification
user name ("User ID" and "Password"). This User Agreement shall be effective and binding upon your
'acceptance' as a new Registered User. 'Acceptance' shall mean your affirmative action in clicking on the 'check box and on the 'continue button' as provided on the registration page.
If you do not agree or are not willing to be bound by the terms and conditions
of this User Agreement, please do not click on the "check box" and the "Continue" button and do not seek to obtain access to or
otherwise use the Website/Mobile Application.* You may not modify copy,
distribute, transmit, display, perform, reproduce, publish, License, create
derivative works from, transfer, or sell any information, software, products, or
services obtained from the Website/Mobile Application.* As a condition of your
use of the "Website/Mobile Application," you pledge that you will not use the
Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Website/Mobile Application in any manner which
could damage, disable, overburden, impair, or interfere with any other party's
use and enjoyment of the Website/Mobile Application. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Website/Mobile
Application. You agree and are at this moment put on notice that you are prohibited
from posting or transmitting to or from this Website/Mobile Application any
unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or
profane material or any other material that could give rise to any civil or
criminal liability under the law. You are solely responsible for the content of any
comments you make.
AMENDMENTS
Dreamslly PVT. LTD or its affiliates may amend this User Agreement and the Jewelrylly.com website/Mobile Application's Privacy Policy at any
time by posting a revised version on the Website/Mobile Application. All
updates and amendments shall be notified to You via www.Jewelrylly.com Website/Mobile
Application. The revised version will be effective when Dreamslly or its
affiliates post it on the Website/Mobile Application. You are advised to
regularly check for any amendments or updates to the terms and conditions
contained in this User Agreement and the Jewelrylly.com Privacy
Policy.
MEMBERSHIP ELIGIBILITY
Use of the Website/Mobile
Application is available only to persons who can form legally binding contracts
under Indian Contract Act, 1872. Persons who are "incompetent to
contract" within the meaning of the Indian Contract Act, 1872, including
minors, un-discharged insolvents, etc., are not eligible to use the Website/Mobile
Application. If you are a minor, i.e., under 18 years, you shall not
register as a Website/Mobile Application member. Dreamslly or its affiliates
reserves the right to terminate your membership and refuse to provide you with
access to the Website/Mobile Application if it is brought to Dreamslly or its
affiliates' notice or discovered that you are under the age of 18
years.
BUSINESS ENTITY REGISTRATION
If you are registering as a
business entity, you represent that the business entity duly authorizes you to accept this User Agreement, and you have the authority to bind that
business entity to this User Agreement and Privacy Policy
.YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
When You use the Website/Mobile
Application, You agree and understand that You are communicating with Dreamslly
or its affiliates through electronic records. You consent to receive
communications via electronic records from Dreamslly or its affiliates
periodically and as and when required. Dreamslly or its affiliates will
communicate with You by email, which will be deemed adequate notice
/ electronic record service.
FEES AND SERVICES
TAXES
You are responsible for paying
all fees associated with the use of the Website/Mobile Application, and you
agree to bear any applicable taxes, charges, cesses, etc., levied
thereon.
USE OF THE WEBSITE/MOBILE
APPLICATION
.PLATFORM FOR COMMUNICATION
Dreamslly or its affiliates is
not and cannot be a party to or control in any manner any interaction between
two Users of the Website/Mobile Application or any other third party.
Consequently, :* Dreamslly or its affiliates do not make any representation or
warranty regarding the attributes (such as quality, worth, marketability, etc.) of
the items or services on the Website/Mobile Application. Dreamslly or its
affiliates accepts no liability for any errors or omissions, whether on behalf
of itself or third parties.* Dreamslly or its affiliates do not make any
representation or warranty regarding the attributes (such as legal title,
creditworthiness, identity, etc.) of any information on the Website/Mobile
Application. You are advised to independently verify the bona fides of any
particular User that you choose to deal with on the Website/Mobile Application
and use your best judgment on that behalf.* Dreamslly or its affiliates are only
providing a platform for communication. It is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract
between the two parties. At no time shall any right, title, or interest over the
items vest with Dreamslly or its affiliates, or shall Dreamslly or its
affiliates have any obligations or liabilities in respect of such contract. Dreamslly
or its affiliates are not responsible for the unsatisfactory or delayed performance
of services or damages or delays due to items that are out of stock,
back-ordered, or otherwise unavailable. At no time shall any right, title, or
interest over the items vest with Dreamslly or its affiliates, nor shall Dreamslly
or its affiliates have any obligations or liabilities in respect of such
contract. Dreamslly or its affiliates is not responsible for the unsatisfactory or
delayed performance of services or damages or delays.
BREACH
Without limiting other remedies, Dreamslly
or its affiliates may limit your activity, immediately temporarily/indefinitely
suspend or terminate your membership, and/or refuse to provide you with access
to the Website/Mobile Application in the event, but not limited to: * If
you breach the User Agreement or the documents, agreements rules, policies,
terms, and conditions these incorporate by reference;* If Dreamslly or its
affiliates is unable to verify or authenticate any information you provide; or*
If it is believed that your actions may cause legal liability for you, other
Users or Dreamslly or its affiliates* Dreamslly or its affiliates may at any
time at its sole discretion reinstate suspended Users. A User that has been
indefinitely suspended may not register or attempt to register with Dreamsllyor
its affiliates or use the Website/Mobile Application in any manner whatsoever
until such time that Dreamslly or its affiliates reinstate such User. Notwithstanding
the foregoing, if you breach the User Agreement or the documents it
incorporates by reference, Dreamslly or its affiliates reserves the right to
recover any amounts due and owing by you to Dreamslly or its affiliates and to
take strict legal action including but not limited to a referral to the
appropriate police or other authorities for initiating criminal or other
proceedings against you.
NO WARRANTY
Dreamslly or its affiliate and
its suppliers, affiliates, and service providers provide the Website/Mobile
Application "as is" 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. You
expressly agree that your use of the Website/Mobile Application is at your
risk.
LIMITATION OF LIABILITY
In no event shall Dreamslly or
its affiliates or its suppliers, affiliates, and service providers be liable for
any direct, indirect, incidental, special, incidental, consequential, or
exemplary damages, including but not limited to damages for loss of profits,
goodwill, use, data or other intangible losses arising out of or in connection
with the Website/Mobile Application, its services or this Agreement (however
arising, including negligence). Dreamslly its associates, affiliates and
service providers, and technology partners make no representations or warranties
about the accuracy, reliability, completeness, and/or timeliness of any
content, information, software, text, graphics, links, or communications
provided on or through the use of the Website/Mobile Application or that the
operation of the Website/Mobile Application or will be error-free and/or
uninterrupted. Consequently, Dreamslly or its affiliates assumes no liability
whatsoever for any monetary or other damage suffered by you on account of:* The
delay, failure, interruption, or corruption of any data or other information
transmitted in connection with the use of the Website/Mobile Application.* Any
interruption or errors in the operation of the Website/Mobile Application. You
expressly understand and agree with Dreamslly or its affiliates. shall not be
liable for any direct, indirect, incidental, special, consequential, or
exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data, or other intangible losses (even if Dreamslly or its
affiliates has been advised of the possibility of such damages).* The content,
accuracy, and reliability of the material provided by the other users or any
other individual.
PROPRIETARY RIGHTS
The information contained in this
Website/Mobile Application including all images, illustrations, designs,
photographs, video clips, writings, and other materials that appear herein are
copyrights, trademarks, trade dress or other intellectual property owned,
controlled, or licensed (all of which, collectively, "Contents") by the Website/Mobile
Application or its subsidiaries and affiliates or are the property of their
respective owners. The name "Jewelrylly.com" and its logos are trademarks of
the Website/Mobile Application.
REPRESENTATIONS &
WARRANTIES OF DREAMSLLYOR ITS AFFILIATES
The Website/Mobile Application
and/or its respective suppliers, affiliates, associates, representatives make
no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, products, and services contained on the Website/Mobile
Application for any purpose. All such information, products offered, services
offered, etc., are provided on an "as is where is" basis without
warranty of any kind. Website/Mobile Application and its respective
suppliers, associates, affiliates at this moment disclaim all warranties and conditions
about the information, products, services, including all implied
warranties and conditions of merchantability, fitness for a particular purpose,
title, and non-infringement. Nor do they guarantee that this information will be
error-free or continuously available or that the service will be free of
viruses or other harmful components. The information generated by the Website/Mobile
Application is believed to be accurate, but the Website/Mobile Application and
its suppliers do not warrant or guarantee such accuracy. The Website/Mobile
Application and its suppliers do not authorize the use of such information for
any purpose other than your personal use, and prohibit to the maximum extent
allowable the resale, redistribution, and use of this information for
commercial purposes. In no event shall the Website/Mobile Application be liable
for any direct, indirect, punitive, incidental, special, consequential damages
or any damages whatsoever including without limitation, damages for loss of use
arising out of or in any way connected with the use or performance of the Website/Mobile
Application, with the delay or inability to use the Website/Mobile Application
or related services, the provision or failure to provide services, or for any
information, products, services and related graphics obtained through the Website/Mobile
Application, or otherwise arising out of the use of the Website/Mobile
Application, whether based on contract, tort, negligence, strict liability or
otherwise, even if the Website/Mobile Application or any of its
suppliers/affiliates has been advised of the possibility of damages. Suppose you are
dissatisfied with any portion of the Website/Mobile Application or with any of
these terms of use. In that case, your sole and exclusive remedy are to discontinue using the Website/Mobile
Application. The Website/Mobile Application shall not be responsible for and
does not guarantee the performance of any goods or services purchased through
the Website/Mobile Application.
REPRESENTATIONS &
WARRANTIES OF USER
You shall not upload from, post
or transmit or distribute or otherwise publish through the Site any materials
which: restrict any other user from using the Site and are unlawful,
threatening, abusive, defamatory, vulgar, offensive, pornographic, or indecent
and constitute or contain false or misleading indications of origin or
statements of fact. You further represent and warrants Dreamslly or its
affiliates that all the information provided by you about yourself is true and
accurate. You shall be responsible for all actions taken by you or by any
other individual through your ID to whom you have given the authorization to use.
COPYRIGHT AND TRADEMARKS
Unless otherwise stated,
copyright and all intellectual property rights in all material presented on the
Site including but not limited to text, graphics, button icons, images, audio
clips, digital downloads, data compilations, and software, trademarks, and logos
appearing on the Site are the property of the Dreamslly, affiliates, and
associates and are protected under applicable Indian and international laws.
You agree not to use any trademark or logo or other proprietary Information of Dreamslly.
COMMUNICATION
You agree that Dreamslly or its
affiliates can and may communicate with you via phone calls, SMS, Emails, and/or any other method & Dreamslly or its affiliates will not be liable to
you and/or any other authority for such an act. If your number is registered
with any Do Not Call (DNC) and/or Do Not Disturb (DND) service, you hereby
authorize Dreamslly or its affiliates to communicate with you via telephone
calls, SMS, Emails and/or any other method and You will not, in any case, hold Dreamslly
or its affiliates liable for any communication in this regard
.INDEMNITY
You shall indemnify and hold
harmless Dreamslly and (as applicable) Dreamslly, subsidiaries, affiliates, third parties and their respective officers, directors, agents, employees,
suppliers, service partners, agents, and consultants 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 this Agreement, or the
documents they incorporate by reference, or your violation of any law, rules
or regulations or the rights of a third party.
STORING OF USERS AND
CUSTOMERS DETAILS
By using this Website/Mobile
Application, you hereby legally authorized Dreamslly or its affiliates under
the applicable laws/acts, to store details of PAN card, Aadhar Card, Passport,
Driving License, and any other documents/ information relating to KYC.
RELATIONSHIP, NOTICE, AND
SEVERABILITY
None of the provisions of the
User Agreement shall be deemed to constitute a partnership or agency between
you and Dreamslly or its affiliates and you shall have no authority to bind Dreamslly
or its affiliates in any manner whatsoever. Except as explicitly stated
otherwise, any notices shall be given by registered postal mail on behalf of Dreamslly
or its affiliates to ____________Name and Address of
Company____________________ (in the case of Dreamslly PVT. LTD or its
affiliates) or to the email address you provide to us during the registration
process (in your case). Notice shall be deemed given 24 hours after email is
sent unless the sending party is notified that the email address is invalid.
Alternatively, we may give you notice by certified mail, postage prepaid, and
return receipt requested, to the address provided to us during the registration
process. In such case, notice shall be deemed given 3 days after the date of
mailing. If any clause of the User Agreement shall be deemed invalid, void, or
for any reason unenforceable, such clause shall be deemed severable and shall
not affect the validity and enforceability of the remaining clauses of the User
Agreement.
ARBITRATION
If any dispute arises between you
and Dreamslly or its affiliates during your use of the Website/Mobile
Application or thereafter, in connection with the validity, interpretation,
implementation, or alleged breach of any provision of the User Agreement and
Seller Terms and Conditions or the documents they incorporate by reference,
the dispute shall be referred to a sole Arbitrator who shall be an independent
and neutral third party identified by Dreamslly or its affiliates. The place of
arbitration shall be Jodhpur, Rajasthan, India. The Arbitration &
Conciliation Act, 1996, shall govern the arbitration proceedings. The
arbitration proceedings shall be in the English language and each party shall pay
their own costs.
GOVERNING LAW
The User Agreement Terms and
Conditions or the documents they incorporate by reference shall be governed
and construed in accordance with the laws of India.
ENTIRE AGREEMENT
Unless otherwise specified
herein, the Agreement constitutes the entire Agreement between the User and the
Dreamslly and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between the User and the Website/Mobile
Application. A printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this Agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form.