1. Introduction
The website (the “Website”) of vikri jewels (hereinafter “vikri,” “we,” or “our”) with its Registered Office at 33-34 mahaveer colony TONK ROAD Jaipur Jaipur Rajasthan 302033, India is located at the domain http://www.vikrijewels.com and any of its web pages.
We want to market our unique products through the Website. including, but not limited to, jewellery made or designed by different designers.
These terms and conditions (“Terms”), as well as the purchase order policy, shipping, and delivery policy, return and exchanges policy, payment options policy, and any other policies that VIKRI may from time to time introduce, govern your access to the website.
2. Terms and Agreement:
It will be assumed that these terms are now in effect. Only those who can legally bind themselves to contracts under Indian law are permitted to use the website. The Indian Contract Act, of 1872 prohibits the use of the Website by anybody who is deemed “incompetent to contract” under this provision. You cannot use this website, buy any products from it, or enter any kind of contract with VIKRI, for instance, if you are under 18 or an insolvent who has not been declared bankrupt. Additionally, users whose Membership has been suspended or cancelled by VIKRI for any reason whatsoever are not permitted to access the Website.
You acknowledge that you have read and understand these Terms and other rules and agree to be bound by them in full by using the Website or making purchases from it using any computer resource, including but not limited to mobile or tablet devices.
All prior representations, understandings, arrangements, or agreements are superseded by these Terms, apart from any additional terms and conditions that are supplied and are product specific.
Please email cutomercare@vikrijewels.com with any questions you may have concerning the Terms, the various policies, or any comments, suggestions, or complaints you may have regarding our website.
Privacy Statement and Other Policies:
- You authorise VIKRI to use your information, including sensitive or personal data/information, as submitted to VIKRI and saved by the Website on an electronic medium in connection with your accessing the Website or placing an order for products made accessible on the Website, etc. It is further clarified that the term “Information” shall also include any information provided to us by you during the registration, buying, or listing processes, in the feedback area, blog area, through any email feature, or in a written letter or form mailed or submitted to any of our Stores and/or Offices. According to our policy, we’ll keep your information secureprivacy policy.
- You acknowledge that you have read and comprehended the Privacy Policy if you use any computer resource, including but not limited to mobile or tablet devices, to visit the Website or make purchases from it. You also agree that you fully accept the conditions and information in the privacy policy.
- You will be bound by the “Purchase Order Policy,” “Shipping and Delivery,” “Return and Exchanges,” “Payment Options,” and any other policies that VIKRI may establish from time to time in addition to the Terms and the “Privacy Policy.”
- VIKRI has the right to change or revise these Terms, including any policy, at any time without previous notice. Accessing the Website following any modification or revision to these Terms, or any policy or policies shall also represent your agreement to be bound by such amended Terms or any policy or policies. If required by any Indian laws, the updated or revised Terms or any policy/policies shall apply to any products purchased before such modification or revision takes effect.
- Even though it is in electronic form and neither you nor VIKRI has physically signed it, you recognise that these Terms, policy(s), and any modifications thereto constitute a binding contract between you and VIKRI. As a result, you understand and accept that simply using the Website constitutes a binding legal agreement between you and VIKRI, and that these Terms as well as other rules apply to you automatically.
- If Indian courts determine that any provision of the Terms or the Policy/Policies, or any portion thereof, is invalid, void, or otherwise unenforceable in any way or under any circumstance, just such term or the Policy/Policies will be deemed invalid, void, or unenforceable. The condition or any portion of it shall be deemed to be set aside/removed only to the extent/context determined by the Indian Courts; however, in such event, these Terms or any Policy shall be interpreted to give effect to such Indian Court’s determination. The meaning and intent of the listed conditions or the requirements that are excluded from the policy(s), as well as the validity and effect of the remaining provisions of this Agreement, shall be unaffected to the fullest degree possible and permitted by Indian law.
- All policies, whether now in effect or established later, shall be regarded to be a part of these Terms unless the context clearly dictates otherwise. The terms of the applicable policy shall take precedence over any conflicting terms.
Limited website usage:
- VIKRI is the only owner of all intellectual property rights in the website and all proprietary rights in the website. It is further stated that VIKRI either owns or has a licence to use the Website, Information, and any other contents on the Website, including software, photos, audio, videos, photographs, graphics, text, descriptions, logos, text, programmes, software, databases, trademarks, icons, etc. Without prior written consent from VIKRI or the relevant licensor, you are not permitted to utilise any intellectual property owned by VIKRI or its licensor in any way.
- VIKRI thus granted you a limited, revocable, and non-exclusive licence to access and make personal and non-commercial use of this Website, but not to download (other than page caching) or change it, in whole or in part. It is made clear that the following things will not be covered by the Website access licence:
- any unauthorised commercial use of this website or its content by you; or
- any whole or partial downloading or copying by you of any element of the website’s content, including any product(s), together with their prices and/ descriptions;or
- any copying in any way of any Information, including account information of VIKRI’s employees, customers, suppliers, designers, or models, for sale, resale, or for the benefit of third parties by you; or any extraction, reproduction, duplication, downloading, or similar act on any Information, in whole or in part.
- any reverse engineering, distribution, transfer, transmission, publication, sale, resale, exhibition, or licence of any Information that you have access to through the Website.
- If you use the Website improperly, violate these Terms or any other policy, or break any applicable Indian laws while accessing the Website or making a purchase from VIKRI, VIKRI reserves the right to suspend or terminate your Membership and refuse to grant you access to the Website without incurring any liability.
Website access:
- The Website and/or any services offered on the Website may occasionally not be available, in whole or in part, for a variety of reasons, including, but not limited to, website/technology upgrades, the launch of new products, the maintenance and repair of computer resources, and Website upkeep.
- No matter what, VIKRI will not be responsible for any direct, indirect, punitive, incidental, special, consequential, or other damages that might arise from:
- using the website, being unable to utilise it, or delaying doing so.
- improper access to or manipulation of user communications or data.
- any other issue, not limited to damages for loss of use, data, or profits, originating from or associated in any way with the use or functionality of the Website.
- access to the website or any information, services, or goods made available through the website, whether provided or not.
- Any unanticipated suspension of access to the website that might happen for technical reasons, in response to orders from authorities, or for any other reason outside of VIKRI’s control. The website’s unavailability during routine maintenance operations.
- The Website’s interruptions cannot be used as a justification for cancelling your subscription, your purchase order, or for demanding a full or partial refund of any payments you’ve already made or a decrease in upcoming payments.
Review, Comments, Feedback, etc.:
- If they do not contravene any Indian laws and follow these Terms, VIKRI invites you to provide your views, suggestions, ideas, and other submissions (collectively, “Views”) on the Website or through letters or emails.
- For the avoidance of dispute, views on the website’s content, products, etc. are the visitors’ unique opinions based on their expertise or experience. These Views are the author’s own subjective opinions. VIKRI neither endorses them nor takes on any duty or responsibility for them.
- If you submit Views that are against Indian law or these Terms, VIKRI maintains the right (but not the responsibility) to remove, amend, or refuse to keep any such View on the Website if, in VIKRI’s sole discretion, such View is against these Terms or any applicable Indian law. If VIKRI sees fit, they may even bar you from the Website or suspend your access.
- By posting your opinions on the website or communicating them via email or letter, you consent to:
- VIKRI shall retain ownership of the Views and shall have unassailable, unrestricted, and worldwide rights to the Views. VIKRI owns the sole, unrestricted, and complete right to commercially use the Views.
- VIKRI shall be free to use such Views for any purpose without limitation and without the need to pay you anything in order to display, distribute, disclose, reproduce, edit, adapt, publish, translate, or create derivative works from such Views throughout the world in any media; and
- The name you supply in connection with such Views may be used indefinitely by VIKRI and its affiliates, consultants, and contracted parties.
- You consent to giving up your right to claim authorship of such Views.
- You guarantee and indicate that the opinions you express on the website are your own and do not infringe upon Indian law, cause harm to any living thing, or constitute defamation.
- By posting Views on the Website in violation of these (i) Terms, (ii) any of these representations or warranties, or (iii) any relevant Indian laws, you undertake to hold VIKRI and its colleagues, consultants, contracted parties, etc. harmless from any claim brought against VIKRI or its associates.
Your Responsibilities
- You acknowledge and accept, among other things:
- Any products sold by VIKRI, its affiliates, or any contractors will only be used by you for legal purposes and in accordance with all applicable Indian laws. You will abide by all intellectual property right notices, information, and restrictions contained in or associated with any of the products or the Website content.
- You must keep an eye on and limit children’s access to the Internet and the Website. You agree to take full responsibility for any illegal use of the Website by minors, including any orders placed on the Website using your credit card(s), debit card(s), or other payment method (like PayPal). For the avoidance of ambiguity, it is made clear that a minor is someone who has not reached the age of 18.
- You acknowledge and agree that you will not, directly or indirectly:
- Using the website or purchasing any product through the website in a manner that is prohibited by any applicable Indian laws or these terms.
- Use a false identity or otherwise use the Website on someone else’s behalf.
- Use VIKRI’s website or product(s) for non-personal or business purposes. For instance, using the website’s content for any form of solicitation or advertisement, or collecting or transporting things bought from the website for future sale.
- portray VIKRI or its products in a hateful, slanderous, untrue, or inaccurate way.
- commit or fail to take any action that may harm the reputation or goodwill of VIKRI, its affiliates, contracting parties, suppliers, or designers.
- gain unauthorised access to the website or make any attempt to do so, interfere with another person’s use or enjoyment of the website or any of its components, or disrupt in any other manner the operation of the website or any of its components.
- Create or submit a submission containing any views that are illegal, indecent, profane, threatening, defamatory, libellous, vulgar, indecent, hateful, racial, cultural, or ethnically offensive, that encourage criminal activity, that give rise to, or may give rise to, civil or criminal liability, that violate any applicable Indian laws, rules, regulations, or regulatory guidelines under the laws of India, or that otherwise violate any of the foregoing.
- Send unsolicited or unauthorised advertising or promotional materials, such as chain letters, pyramid schemes, or spam, on behalf of VIKRI to anybody, including current VIKRI clients or designers or website users.
- engaging in any other unlawful or objectionable behaviour while using the website or purchasing any product through the website; harassing, bullying, stalking, inflicting harm, defaming, or disparaging someone; or otherwise causing mental or physical discomfort or injury.
- Use the website or make any purchases through the website a to gather, obtain, compile, gather, transmit, reproduce, delete, edit, view, display, or forward any content, data, or information posted by or pertaining to any other website user, whether that content or information is personally identifiable.
- While using the website or ordering any product through the website, violate any of VIKRI’s licensors’, associates’, contractual parties’, or any other third party’s intellectual property or proprietary rights by sending spam, chain letters, pyramid schemes, etc.
- Use automated systems or software, such as bots, crawlers, spiders, offline readers, or other automated systems, to access or use the website for improper purposes or to make money. Interfere with or attempt to interfere with anyone’s use or enjoyment of the website or any of its components. Disrupt or attempt to disrupt the operation of the website or any of its components. For the avoidance of doubt, VIKRI retains the right to forbid anyone from using such software or programmes, even if they are secure.
- Make false statements or inferences about your affiliation with VIKRI in any way other than as a user of the website or a customer of VIKRI’s product(s), whether explicitly or implicitly.
- transmit any content containing software viruses (such as time bombs, cancel bots, worms, or Trojan horses) or other computer code, files, or programmes intended to impede the performance of the Website, any computer software or hardware, or any telecommunications equipment used by VIKRI.
- Remove, modify, interfere with, or get around any digital rights management device, method, or other content protection or access control measure (including, without limitation, geo-IT filtering and/or encryption) connected to the website or any website features.
Hyperlinks:
- Subject to these Terms, VIKRI hereby grants you a revocable, and non-exclusive right to create a hyperlink to the Home Page of the Website.
- The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of VIKRI and VIKRI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to the terms of use or privacy policy of the Linked Site. It is clarified that mentioning of Linked Sites on the Website does not imply (i) endorsement by VIKRI of the Linked Sites or (ii) any association with its operators, unless expressly specified.
Waiver:
- We will still be able to use our rights and remedies in any subsequent instances of your violating the Terms or any policy, even if we choose not to respond to your violation of the Terms or any policy.
- Without express written consent signed by an officer of VIKRI with the necessary authority, VIKRI shall not be assumed to have granted any authorisation or to have waived any rights or remedies it may have in law or equity, under these Terms, or under any policy.
Release and Indemnity:
- You agree to defend VIKRI, its subsidiaries, affiliates, consultants, contracted parties, etc., as well as each of their officers, directors, agents, and employees, against any claim or demand made by a third party or action stemming from or arising out of your violation of these Terms or any policy or document incorporated by reference or your violation of any laws, rules, regulations, or the like.
- You specifically waive any claims or demands that you may have in this regard under any statute, contract, or other legal basis and hereby expressly release VIKRI and/or its associates and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of VIKRI’s suppliers’, fashion designers’, vendors’, courier companies’, or other parties’ actions or inactions.
Certain Things Happen:
- Neither party will be held responsible for any loss or failure to fulfil any obligation (other than your payment obligation where you are still receiving all or part of any products purchased under these Terms), caused by things like storms, tsunamis, fire, floods, earthquakes, outbreak of any contagious diseases, or other acts of God or any government act, restrictive orders of any government, industrial dispute(s), strikes, labour unrest, civil commotion, riots, or terrorist attacks.
- A written notice of the occurrence of a Force Majeure event must be sent to the other party by the party impacted by the event as soon as is reasonably possible. The Purchase Order may be immediately cancelled by any party by giving the other party written notice of the termination of the contract if the Force Majeure event lasts for more than 3 (three) months from the date the Purchase Order for any product(s) was placed.
- You further agree to pay for the product(s) delivered prior to the occurrence of the Force Majeure event or while it is occurring, if any, if the contract or Purchase Order is terminated owing to the occurrence of the Force Majeure event.
Jurisdiction and Governing Law:
- The laws of the Republic of India shall govern the terms and the interpretation of any policy.
- Any disagreement over the interpretation or otherwise of any provision of these terms must be brought before the courts, who will have sole jurisdiction over the matter.
Intellectual property infringement
- A portion of the website’s material will also come from vendors, suppliers, fashion designers, or other parties whose goods VIKRI encourages you to buy. Before publishing material on the Website, VIKRI often tries to confirm the accuracy of the data coming from its suppliers, distributors, fashion designers, etc. VIKRI may occasionally have to publish such information without additional investigation, taking it at face value. Therefore, VIKRI’s suppliers, vendors, fashion designers, etc. who supply VIKRI with information as well as goods would be responsible if any of the material was discovered to be erroneous, false, objectionable, or to have violated any intellectual property rights.
- The users of VIKRI are expected to respect the rights to others’ intellectual property in the same way. If you are the owner of intellectual property and believe that any content on the Website violates your intellectual property rights, you may send a notification of the violation to compliance@vikrijewels.com or write to us at the address listed in the “Notice” clause. Your notification must include the following information in writing:
- a person authorised to act on behalf of the owner of an allegedly infringing intellectual property right, either physically or digitally, by signing their name.
- proof supporting your claim of ownership in the intellectual property you (the complainant) seek to enforce against the allegedly infringing work, such as a legibly scanned copy of the applicable registration certificate received from the relevant authority (s).
- Identification of the allegedly violated intellectual property or, in the case of numerous allegedly violated intellectual properties/works at a single online site, a representative list of those allegedly violated intellectual properties/works at that site.
- Identification of the allegedly unlawful or subject to unlawful activities material that must be removed or denied access, as well as information that is reasonably necessary to enable the service provider to find the item. The ideal technique to facilitate speedy information discovery is to include URLs in the email text.
- Information, such as an address, phone number, and, if available, an e-mail address, that is sufficient to allow us to get in touch with the complaining party.
- a declaration that the complaining party, in good faith, believes that the material’s use in the way complained of is illegal under the terms of the copyright owner’s or its agent’s agreement or by the law.
- a declaration that the details in the notification are true and, under pain of perjury, that the complaining party has the right to speak on behalf of the holder of the allegedly violated exclusive right.
- Please carefully examine whether the use of copyrighted material in question is covered by the “fair use” doctrine before filing such a notification, as doing so could subject you to costs and attorney’s fees even if there is no infringement. Please get in touch with a lawyer if you are unsure whether using your copyrighted content violates the law.
Miscellaneous:
- VIKRI requests you to abstain from referring VIKRI to your friends or relatives, who do not wish to purchase our products.
- VIKRI requests you to abstain from providing wrong, invalid or fictitious email address and thereby cause VIKRI send invitations to wrong recipients. You agree to indemnify VIKRI without limitation for any harassment claim made against VIKRI due to such wrong, invalid or fictitious email addresses provided by you.
- In the event of a discrepancy between the Terms, VIKRI’s decision shall be final and conclusive, and you hereby irrevocably waive any claim or objection you may have on this basis.
- The user acknowledges and agrees that any content and/or data downloaded or otherwise obtained through the Website is done at the user’s full risk and discretion, and that they alone are responsible for any resulting loss of data or harm to their computer resources.
- VIKRI has the right to establish unique terms and conditions for any Gift Vouchers, offers, or discounts made available by VIKRI on any of its products in addition to the Terms and different policies (s).
- In the event of a discrepancy between the Terms, VIKRI’s decision shall be final and conclusive, and you hereby irrevocably waive any claim or objection you may have on this basis.
- The user acknowledges and agrees that any content and/or data downloaded or otherwise obtained through the Website is done at the user’s full risk and discretion, and that they alone are responsible for any resulting loss of data or harm to their computer resources.
- If you have any complaints about (i) the website or any of its contents, please contact us by email at compliance@vikrijewels.com; or (ii) any items you have purchased from the website, please contact us by email at contactus@vikrijewels.com.