AsthapadEnterproises (“JEWELWAALE”) is the author and publisher of the internet resource www.jewelwaale.com listing and permitting transactions in relation to preloved precious Jewellery (“Product(s)”). Jewelwaale owns and operates the services provided through its website. It is important that you spend time reading the terms as they constitute a legal agreement between www.jewelwaale.com (the “Website” or “Site”) and the seller (“you”) in connection to selling of your Products on the Website.

The corporate office of Jewelwaaleis at C-149, Sector 10, Noida, Uttar Pradesh.

These Terms of Use (TermsorAgreement) define the terms and conditions under which you are allowed to sell your Products on the Website and how well treat your account while you are a member. If you have any questions about our Terms, feel free to contact us at info@jewelwaale.com.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. Your continued use of the service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the service.

This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of the services.

1. TERMS OF USE

1.1 By using these services, you agree that you have read and understood these Terms and you agree to be bound by these Terms. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT CLICK THE "I AGREE" BOX, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE SERVICES. You expressly represent and warrant that you will not avail the services if you do not understand, agree to become a party to, and abide by all of the Terms specified below. Any violation of these Terms may result in legal liability upon you. Nothing in these Terms should be construed as conferring any rights to any third party or any other person. YOUR USE OF THE WEBSITE AND ITS SERVICES MEANS YOU ARE CONSENTING TO THIS AGREEMENT AND THE ASSOCIATED AGREEMENTS AS LISTED HERE UNDER:

Sell Products or Services : Jewelwaale Seller Terms and Conditions Agreement

Buy Products or Services : Jewelwaale Buyer Terms and Conditions Agreement

Privacy Statement Personal Data and Privacy Policy : Jewelwaale Privacy Policy

It is recommended that all users, before using the Jewelwaale, read carefully all agreements and make sure they understand them, because they contain their rights and obligations.

These Terms and Conditions are intended to define the conditions under which Jewelwaale, directly or via a partner website, allows users to access and browse the Site, provides the User services allowing them to sell or buy these products directly and offers products for sale to users.

Users will be asked to accept the terms and conditions when they sail on the Website and in particular when creating an account, regardless of whether or not the realization of a Transaction on the Site. If a user does not agree to the Terms, he or she neither can access any product or to register, nor pass any order on the Site.

1.2 The Website and its services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name. You may not impersonate any other participant or use another participant's password(s). Any such fraudulent conduct may be reported to law enforcement, and Jewelwaale will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

1.3 The Agreement is published in compliance with; and is governed by the provisions of Indian law, including but limited to:

1. The Indian Contract Act, 1872,
2. The (Indian) Information Technology Act, 2000 and
3. The rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the SPI Rules), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (theIG Rules).

2. DEFINITION

Unless otherwise defined in the Agreement, the following terms shall have the meaning set out as follows:

Buyershall mean a person who is registered as a user to access the Website and buys a Product from the Website.

Seller shall mean any individual, organisation, business entity; or a company registered under the Companies Act, 1956 or the Companies Act, 2013.

3. MEMBERSHIP

3.1 Use of this Website to list your Products is available only to persons who can form legally binding contracts under the applicable laws. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 including undischarged insolvents, etc. are not eligible to list their Products on this Website.

3.2 If you are a minor i.e. under the age of 18 (eighteen) years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents on the Website. Jewelwaale reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to Jewelwaales notice or if it is discovered that you are under the age of 18 (eighteen) years.

4. ACCOUNT REGISTRATION AND YOUR INFORMATION

4.1 If you use the Website, you shall be responsible for maintaining the confidentiality of your display name and password. You shall be responsible for all the activities that occur under your display name and password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.

4.2 You are solely responsible for the information you provide, and in accordance with certain features of the Website we may only act as a passive conduit for online distribution and publication of any information you provide.

5. LISTING OF PRODUCTS

5.1 This Agreement governs the Products and services that are offered by Jewelwaale to the User. Jewelwaale authorizes the User to view and access the content available on the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Products, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the services (Service Content), are the properties of Jewelwaale and are protected under copyright, trademark and other laws. User shall not modify the Service Content or reproduce, display, publicly perform, distribute, or otherwise use the Service Content in any way for any public or commercial purpose or for personal gain.

5.2 You, the User, are solely responsible for the way anyone you have authorized to use the Website and for ensuring that all of such Users comply with all of the Terms. Any violation of the Terms by any such User shall be deemed to be a violation thereof by you.

5.3 Multiple Users are not permitted to share the same/single log-in.
5.4 You agree that any information you give to Jewelwaale will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Website shall be registered in your name and you might be asked to provide supporting documents to prove the same.
5.5 You agree that you will not use the Website for any unauthorized and unlawful purpose. You will not impersonate another person.
5.6 You agree to use the Website only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
5.7 You agree not to access (or attempt to access) Website by any means other than through the interface that is provided by Jewelwaale, unless you have been specifically allowed to do so in a separate agreement with Jewelwaale.
5.8 You agree that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks which are connected to the Website).
5.9 You agree that you are solely responsible for (and that Jewelwaale has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Jewelwaale may suffer) of any such breach.
5.10 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any log-in you use to access the Website.
5.11 Jewelwaale does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
5.12 Jewelwaale is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Jewelwaale cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Jewelwaale shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
5.13 Jewelwaale does not at any point of time during any transaction between the Buyer and the Seller on the Website gain title to or have any rights or claims over the Products offered by Seller to Buyer.
5.14 At no time shall Jewelwaale hold any right, title or interest over the Products nor shall Jewelwaale have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
5.15 The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell Products or services.

6. CODE OF CONDUCT

You are solely responsible for all descriptions, information, data, text, software, music, sound, graphics, video, messages or other materials that you upload, post, publish or display or otherwise transmit via the Website, and for all items that you purchase via the Website. The following are examples of the kind of items, content and/or use that is illegal or prohibited by Jewelwaale. Jewelwaale reserves the right to investigate and take appropriate legal action against anyone who, in Jewelwaale’s sole discretion, violates this provision, including without limitation, removing the offending items or content from the Website, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Website to:

• sell, post or otherwise transmit any item or content that


1. Is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of anothers privacy, hateful racially, ethnically or otherwise objectionable
2. ou do not have a right to transmit under any law or under contractual or fiduciary relationships
3. Poses or creates a privacy or security risk to any person
4. Infringes any intellectual property or other proprietary rights of any party
5. Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, junk mail,spam,chain letters,pyramid schemes,contests,sweepstakes, or any other form of solicitation
6. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or
7. In the sole judgment of Jewelwaale, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Jewelwaale or its users to any harm or liability of any type


• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• solicit personal information from anyone under the age of 18
• harvest or collect email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
• advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Website
• violate any applicable local, state, national or international law, or any regulations having the force of law
• further or promote any criminal activity or enterprise or provide instructional information about illegal activities
• or
• Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website.

7. AUTHENTICATION

7.1 Authenticity is the key factor in determining Product listings. Jewelwaale shall rely on the experience of the in-house category specialists and in some cases by partnering with selected luxury brands to determine the authenticity of the Products.
7.2 The authentication procedure of the Products shall take place at the Seller's site and the Product authentication shall be also done in possession of Jewelwaale at any point of time.
7.3 If the Product is found to be inauthentic, Jewelwaale shall have the right to return the product at to the seller after taking handling charges, or destroy the Product if the Seller is unwilling to pay for the handling charges.
7.4 The User acknowledges that the process established by Jewelwaale to assess the authenticity of a product is created for commercial purposes in order to assist the User in his/her purchase of the Product and not with the intention to take responsibility of any kind for the Product or the purchase itself.
7.5 Jewelwaale disclaims all warranties, express or implied, in relation to any claim arising out of or in connection to authenticity of the Products and the Seller agrees to indemnify and hold Jewelwaale, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any User/Buyer or a third party due to or arising out of any claim in relation to the authenticity of the Products.
7.6 Jewelwaale may, at its sole discretion take penal actions or institute legal proceedings against the User or anyone who is responsible, due to fraud or negligence, or for any claim arising out of or in connection with authenticity of the Products or any loss caused thereby.

8. TITLE TO THE PRODUCT

Title to and ownership in the Product will remain with the Seller until a Product Sale, (as defined). A "Product Sale" shall be deemed to have occurred when the Buyer has made the payment for the Product and the Product has been delivered to the Buyer.

9. SHIPPING

Upon the confirmation of any purchase and sale transaction through the Website and payment of the required amount by the Buyer, Jewelwaale will schedule with the Seller an appropriate time for pick-up of the Product. A Jewelwaale logistics representative will visit the Seller for pickup. After authentication, the product shall be delievered to the Buyer. Upon receipt of confirmation from the Buyer that it has satisfactorily received the purchased Product, Jewelwaale will credit Seller's account an amount equal to the purchase price received from the Buyer minus commissions as agreed upon with Jewelwaale, subject to deductions as may be notified by Jewelwaale .The Product will be deemed accepted once the buyer recives the product. This Clause will stand as it is irrespective of any signatures provided on a courier form or any other recieving form.

10. PAYMENT

10.1 While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

1. Lack of authorization for any transaction
2. Exceeding the pre-set limit mutually agreed by you and between your bank
3. Any payment issues arising out of the transaction
4. Decline of transaction for any other reason/s

10.2 All payments made against the purchases of the Products on the Website by you shall be made in Indian currency ( Indian Rupees ) acceptable in the Republic of India. The Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.
10.3 The price displayed on the Website shall be the final price of the Products and if the Seller so requests, Jewelwaale shall have all the rights to change the price without prior notices to the Buyer.
10.4 Before shipping/delivering your order to you, Jewelwaale may request you to provide supporting documents to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our Users.
10.5 Transactions, transaction price and all commercial terms such as delivery, dispatch of Products and/or services on the Website are as per principal to principal bipartite contractual obligations between Buyer and Jewelwaale and payment facility is merely used by the buyer and Jewelwaale to facilitate the completion of the transaction. Use of the payment facility shall not render Jewelwaale liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products and/or services listed on the Website.
10.6 You understand, accept and agree that the payment facility provided by Jewelwaale is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment allowing payment for transactions on the Website by the payment options provided therein.
10.7 You have specifically authorized Jewelwaale or its service providers to collect, process, facilitate and remit payments and/or the transaction price electronically to and from other Users in respect of transactions through payment facility. Your relationship with Jewelwaale is on a principal to principal basis and by accepting these Terms, you agree that Jewelwaale is an independent contractor for all purposes, and does not have control of or liability for the Products that are listed on the Website that are paid for by using the payment facility.
10.8 The Buyer and Jewelwaale acknowledge that Jewelwaale will not be liable for any damages, interests or claims resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond the control of Jewelwaale.
10.9 Each User is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Jewelwaale is in no way responsible for any of the Users taxes or legal or statutory compliances, except for its own due diligence.
10.10 All fees are exclusive of taxes. Goods and Service Tax(GST) and other statutory taxes as applicable are levied on every purchase.

11. CANCELLATION AND REPLACEMENT/RETURN OF ORDER

11.1 Cancellation by Jewelwaale

11.1.1 There may be certain orders that we are unable to accept and we must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
11.1.2 Some situations that may result in your order being cancelled shall include without limitation inaccuracies or errors in product, error in pricing information, and/or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. In the event that your order is cancelled after your credit card or any other payment instrument has been charged, the said amount will be reversed back in your account.

11.2Cancellations by the User

11.2.1 In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount.
11.2.2  We are currently unable to provide the cancellation facility to the Buyer. Once the payment is received by Jewelwaale, the Product shall be deemed to be sold subject to the authentication of the Product. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.

11.3 Returns and Exchanges

11.3.1 Jewelwaale will not be liable to return, replace or exhange any Products. Jewelwaale and the Buyer acknowledge that the Products purchased/used are not subject to any Jewelwaale warranties.
11.3.2 Jewelwaale currently is unable to provide any returns, replacements and exchanges.

11.4 The Seller shall not tamper with the Product before Product Sale or during any procedure of authentication.

11.5 Refunds

11.5.1 In case of cancellation by Jewelwaale due to non-authenticity of Product, we process the refund to buyer within 5-7 business days.
11.5.2 For payments done through credit/debit cards or net banking, the refund will be processed to the same account from which the payment was made. It may take 3-5 additional days for the amount to reflect in user’s bank account.

12. COLLECTION, USE, STORAGE AND TRANSFER OF PERSONAL INFORMATION

12.1The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the privacy policy ("Policy").
12.2The Policy sets out:

• The type of information collected from Users, including sensitive personal data or information
• The purpose, means and modes of usage of such information
• How and to whom Jewelwaale will disclose such information.

12.3The User is expected to read and understand the Policy, so as to ensure that he or she has the knowledge of:

• The fact that the information is being collected
• The purpose for which the information is being collected
• The intended recipients of the information
• The name and address of the agency that is collecting the information and the agency that will retain the information
• The various rights available to such Users in respect of such information.

12.4Jewelwaale will be responsible for obtaining explicit consent from their Users before storing any User information in the software.
12.5Jewelwaale shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Jewelwaale or any other person acting on behalf of Jewelwaale.
12.6The use of the Website involves every User’s registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Policy. The other information collected by Jewelwaale from Users as part of the registration process is described in the Policy. The consent and revocation procedures in relation to the same are set out in the Policy.
12.7The User is responsible for maintaining the confidentiality of the User’s log-in account access information and password. The User shall be responsible for all usage of the User’s log-in or password, whether or not authorized by the User. The User shall immediately notify Jewelwaale of any actual or suspected unauthorized use of the User’s log-in or password. Although Jewelwaale will not be liable for your losses caused by any unauthorized use of your account such as stolen or hacked passwords, you may be liable for the losses to Jewelwaale or any other parties due to such unauthorized use.
12.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Jewelwaale has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Jewelwaale has the right to discontinue the access to the Website to the User at its sole discretion.
12.9Jewelwaale collects and uses Users personal and demographics information in ways as stated in the Policy that can be found at www.Jewelwaale.com. Jewelwaale intends to seek User’s permission if it wishes to use any User’s personal data for any purpose not specified herein or in the Policy. Any information provided by the User may be retained by Jewelwaale and used at its discretion after termination of these Terms and thereupon the terms of Policy of www.Jewelwaale.com shall be applicable to such information.

13. Referral Program

Jewelwaale may from time to time offer credits to existing users that refer new users to the Jewelwaale service using the invitation URL provided by Jewelwaale to such existing users. Jewelwaale may also make certain credits available to such new users. The amount and requirements to earn such credits will be determined, and may change, from time to time in Jewelwaale’s sole discretion and such program may be terminated by Jewelwaale at any time, in each case with or without notice to you. Jewelwaale reserves the right to limit the number and/or amount of credits that may be earned with respect to any existing user with or without notice to you. In addition, any credit granted cannot be traded for cash or any other service. Jewelwaale reserves the right to void any credits that we believe in our sole discretion are a result of fraud or other misuse of this program or the site.

14. INTELLECTUAL PROPERTY RIGHTS

14.1 The Jewelwaale name is the trademark and service mark of Jewelwaale (the “Jewelwaale Trademarks”). Other company, product, and service names and logos used and displayed via the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Jewelwaale. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Jewelwaale Trademarks displayed on the Website, without Jewelwaale’s prior written permission in each instance. Our logo has been created by our own development team.
14.2 Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content including Jewelwaale Trademarks available on or through the Website for commercial or public purposes.
14.3 Jewelwaale will not be liable for any claim against any logo or intellectual property rights of any third party in relation to the brands of the Products listed on the Website and any such infringing content may be removed by Jewelwaale at its sole discretion.

15. LIABILITY AND EXCLUSION OF WARRANTIES

15.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
15.2 Jewelwaale shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any action taken by Jewelwaale, where the User has consented for the same.
15.3 Jewelwaale does not warrant, endorse, guarantee, or assume responsibility for any Product or service advertised or offered by you through the Website or any hyperlinked website or featured in any banner or other advertising, All the Products listed on the Website shall be on an as is basis and Jewelwaale shall not provide any warranties to you in respect of any Product listed on the Website. You are advised to independently verify the bona fides of any particular Products that you choose to buy or transact with on the Website and use your best judgment in that behalf. You shall check and confirm the colour/model/version and any other such particulars of the Products before placing the order. Jewelwaale accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
15.4 Jewelwaale does not verify any content or information provided by Users and to the fullest extent permitted by law disclaims all liability and/or claims arising out of the Users use or reliance upon the services.
15.5 For abundant clarity, Jewelwaale shall not be liable for issues that may arise including but not limited to manufacturing defects or any other defects in relation to the Products sold.

16. INDEMNITY

The User agrees to indemnify and hold harmless Jewelwaale, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of service on the Website, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Jewelwaale will notify the User promptly of any such claim, loss, liability, or demand, and in addition to the foregoing obligations, the User agrees to provide Jewelwaale with reasonable assistance, at his expense, in defending any such claim, loss, liability, damage, or cost.

17. TERM AND TERMINATION

17.1 This Agreement may be in force until terminated as per this Clause 16.
17.2 The User acknowledges and agrees that Jewelwaale, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate the Users account, block the Users e-mail or IP address, or otherwise terminate access to or use of the service (or any part thereof) immediately for any reason or with no reason at all, including, without limitation, if Jewelwaale believes that the User has violated these Terms.
17.3 Jewelwaale reserves the right to terminate any account in case:

• A User breaches any terms and conditions of these Terms.
• Jewelwaale believes in its sole discretion that a User’s actions may cause legal liability for such User, other Users or for Jewelwaale or are contrary to the Terms.

17.4 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the services under the same account, a different account or re-register under a new account, unless explicitly permitted by Jewelwaale.

18. ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Jewelwaale without restriction. Any assignment or transfer by you shall be null and void.

19. GOVERNING LAW AND DISPUTES

These Terms shall be governed and construed in accordance with the laws of the Republic of India and the courts at Delhi shall have exclusive jurisdiction over all matters and disputes arising out of and relating to the business or Website.

20. SPECIFIC PERFORMANCE

The parties shall be entitled to seek and enforce specific performance of this Agreement, in addition to any other legal rights and remedies, without the necessity of demonstrating the inadequacy of monetary damages.

21. INDIRECT AND CONSEQUENTIAL LOSSES

Save as expressly provided otherwise in this Agreement, neither party shall be liable under or in connection with this Agreement for any loss of income, loss of profits or loss of contracts, or for any indirect or consequential loss or damage of any kind, in each case howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

22. RELATIONSHIP

None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and Jewelwaale and you shall have no authority to bind Jewelwaale in any manner whatsoever.

Miscellaneous

This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of this Agreement or use of the Website and Company Services. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

DISPUTES

Between Users

If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

With Company

1. Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Company Services shall be governed by and construed in accordance with the internal laws of the land, that is India, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the jurisdictional courts located in India and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in such courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website or Company Services be instituted more than two (2) years after the cause of action arose.


2.  Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.


3. Binding Arbitration. If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules Laws of the land, that is India. The determination of whether a Dispute is subject to arbitration shall be governed by the jurisdictional Acts and Laws and would be determined by a court rather than an arbitrator. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable law, the arbitration will take place in India. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.


4. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.


5. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court. 

DISCLAIMERS

Company cannot control the nature of all of the content available on the Website. By operating the Website, Company does not represent or imply that Company endorses any reviews, blogs, contributions or other content available (including any that may have been created by users employed or contracted by WheelVerse) on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Company Services.

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,

(B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,

(C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES,

(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR

(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF AGREEMENT AS PER THIS TERMS OF SERVICE PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.