Last updated on February 20th, 2016
1.1 Splendor Retail Pvt. Ltd. is a company incorporated under the laws of India, with its registered office at B5/32, Sector 4, Rohini, Delhi - 110085, India and having CIN U72300DL2007PTC168097. Splendor Retail is an intermediary in the form of an online marketplace and is limited to managing 101Jewels site to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of 101Jewels by any User.
1.3 If there is any conflict:
101Jewels site is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the 101Jesels site and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on 101Jewels site, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products or Gift cards.
3. Eligibility to Use
3.2 101Jewels reserves the right to refuse access to use the Services offered at 101Jewels to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3.3 You shall not have more than one active Account (defined hereunder) on 101Jewels. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
4. User Account, Password, and Security
4.1 You may access and use 101Jewels site and the Services either as a registered user or as a guest user. However, not all sections of 101Jewels site and Services will be accessible to guest users.
4.2 Registered users: 101Jewels makes certain sections of the Services available to You through the 101Jewels site only if You have provided 101Jewels certain required User information and created an account through certain log-in ID and password ("Account"). You can create Your Account on 101Jewels through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on 101Jewels (101Jewels ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").
In the event You register as a User by creating an Account in order to avail of the Services provided by 101Jewels, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify 101Jewels of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. 101Jewels cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by 101Jewelsl or any other user of or visitor to 101Jewels due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
You shall ensure that the Account Information provided by You in the registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or 101Jewels has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 101Jewels has the right to suspend or terminate Your Account and refuse any and all current or future use of 101Jewels site / Services (or any portion thereof).
4.3 Guest users: 101Jewels also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the 101Jewels site and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
5. Payments related Information
5.3 101Jewelsl may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a buyer) or receive (if You are a seller) in the course of a single transaction. 101Jewels will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, 101Jewels shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the preset limit mutually agreed by 101Jewelsl with its bank from time to time.
5.4 For Your making payments for buying the Products on 101Jewels, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on 101Jewels and 101Jewels does not control the same and shall be liable for the same.
5.4 Payment Facility for Your orders: 101Jewels may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of 101Jewels fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. 101Jewels shall initiate the remittance of the payments made by Your for Your purchase orders on the 101Jewels site after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between 101Jewels and sellers.
6. User Obligations And Role Of 101Jewels
6.1 Subject to compliance with the Agreement(s), 101Jewels grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use 101Jewels site and the related Services provided therein.
6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on 101Jewels in accordance with clause 7.
6.4 You agree not to access (or attempt to access) the 101Jewels site or Services by any means other than through the interfaces that are provided by 101Jewels. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of 101Jewels site or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the 101Jewels site, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through 101Jewels site.
6.5 If you believe that any Content or User Content (as defined herein) or other content available on the 101Jewels site does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.
6.6 101Jewels may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of 101Jewels site, as well as submit any suggestions, comments, questions or other information to 101Jewels using the 101Jewels site / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on 101Jewels. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that 101Jewels does not endorse any User Content on 101Jewels site and is not responsible or liable for any User Content. 101Jewels reserve the right to disable access to the User Content on the 101Jewels site.
6.8 You agree, understand and acknowledge that 101Jewels is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that 101Jewels is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on 101Jewels site. Accordingly, any contract for the sale / purchase of Products on 101Jewels is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). 101Jewels neither recommends You to buy or sell any Products nor does 101Jewels endorses any such Products and nor does 101Jewels provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on 101Jewels. Further, 101Jewels does not guarantee, warranty or provide any assurance on the behaviour of any User of 101Jewels site including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.
6.9 When you use 101Jewels site and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
6.12 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on 101Jewels. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
6.13 You shall use 101Jewels, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
6.14 Any purchase of the Products from 101Jewels will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, 101Jewels reserves the right to cancel any orders that classify as 'Bulk Order' as determined by 101Jewels as per certain criteria. Any rewards or benefits provided by 101Jewels and used by You for placing the 'Bulk Order' will not be refunded. An order can be classified as 'Bulk Order' if it meets certain criteria adopted by 101Jewels for the purpose of identifying 'Bulk Order', including but not limited to:
a. Products ordered for commercial resale and not for self-consumption;
b. Multiple orders placed for same product at the same address;
c. Bulk quantity of the same product ordered;
d. Invalid address given in order details; or
e. Any malpractice used to place the order.
6.15 There may be certain orders that 101Jewels is unable to process or pass on buyer's order to the seller and must cancel. Some situations that may result in 101Jewels inability to process or pass on buyer's order to the seller include, without limitation, non- availability of the 101Jewels site service, force majeure, credit limitations or suspected fraud.
6.16 In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.
6.17 In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts 101Jewels for the same, 101Jewels may inform the seller to provide or facilitate the provision of such services to the buyer. 101Jewels is not and shall not be obliged to provide any such additional services. 101Jewels role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.
6.18 You represent and warrant that
(i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
(ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Use of Content
7.1 Except as expressly indicated to the contrary in any applicable Service Terms, 101Jewels hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on 101Jewels, subject to the following conditions:
7.2 The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of 101Jewels. Such elements of 101Jewels are protected by intellectual property rights and may not be copied or imitated in whole or in part.
7.3 Any software that is available on 101Jewels is the property of 101Jewels or its vendors. You may not use, download or install any software available at 101Jewels, unless otherwise expressly permitted by the Agreement or by the express written permission of 101Jewels.
8. Intellectual Property Rights
8.1 101Jewels site and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the 101Jewels site is owned and controlled by 101Jewels or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of 101Jewels site, by no means are any rights impliedly or expressly granted to You in respect of such Content. 101Jewels reserves the right to change or modify the Content from time to time at its sole discretion.
8.2 The trademarks, logos and service marks displayed on the 101Jewels site ("TradeMarks") are the property of 101Jewels or their vendors/seller or respective third parties. You are not permitted to use the TradeMarks without the prior consent of 101Jewels, the vendor/seller or the third party that may own the TradMarks.
8.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, 101Jewels owns all intellectual property rights to and into the trademark "101Jewels", and the 101Jewels site, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
8.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from 101Jewels or thirty party owner of such Content.
Third Party Content
9.1 General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on 101Jewels site ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on 101Jewels site. All Third Party Content is provided on an 'As Is' basis. 101 Jewels may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. 101 Jewels shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
9.2 In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. 101 Jewels makes no warranty or representation regarding, and does not endorse, any website linked to the 101Jewels site / Services or the information appearing thereon or any of the products or services described thereon.
10. Disclaimer Of Warranties & Liability
10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 101JEWELS WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. 101JEWELS ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
10.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW 101JEWELS WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH 101JEWELS SITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. 101JEWELS HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON 101JEWELS SITE IS CORRECT, BUT 101JEWELS NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. 101JEWELS SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE 101JEWELS SITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE 101JEWELS SITE, OR OTHERWISE ARISING OUT OF THE USE OF 101JEWELS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, 101JEWELS SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE 101JEWELS SITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE 101JEWELS SITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND 101JEWELS CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH 101JEWELS SITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. 101JEWELS IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. 101JEWELS ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
10.4 In the event You have purchased / downloaded the 101Jewels application from any online application stores, whether provided by Apple, Inc., Google, Inc. or Blackberry Limited (or their respective affiliates) (collectively referred to as "Store Providers"), and there occurs any failure of the application and / or Services, You may follow the process recommended by the Store Provider under the terms of the contract applicable between You and such Store Provider. The Store Providers shall not be liable for any (i) warranty obligations of 101Jewels and related claims, losses, liabilities, damages, costs or expenses; (ii) product liability / consumer protection claims, and claims related to the 101Jewels site non-conformity with any applicable laws; and (iii) any third party claims of infringement of intellectual property rights by the 101Jewels.
11. Indemnification and Limitation of Liability
11.1 You agree to indemnify, defend and hold harmless 101Jewels, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of 101Jewels site; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
11.2 101Jewels may notify You of any claims which You shall be liable to indemnify 101Jewels against You will then be required to consult with 101Jewels regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of 101Jewels without the express prior written consent of 101Jewels which can be withheld or denied or conditioned by 101Jewels in its sole discretion.
11.4 Notwithstanding anything to contrary in the Agreement(s), in no event shall 101Jewels, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not 101Jewels has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to 101Jewels site, Services or Content.
12.1 The Agreement will continue to apply until terminated by either You or 101Jewels as set forth below. If You want to terminate Your agreement with 101Jewels, You may do so by (i) not accessing 101Jewels site; or (ii) closing Your Account for all of the Services that You use, where 101Jewels has made this option available to You.
12.4 101Jewels may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within 101Jewels site or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
12.5 You agree that all terminations shall be made in 101Jewels sole discretion and that 101Jewels shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to 101Jewels site and Services.
12.6 Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until 101Jewels chooses to terminate them. 101Jewels may inform the sellers who have accepted Your purchase orders on 101Jewels site, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. 101Jewels may also cancel all Your non-fulfilled orders on the 101Jewels site without any obligation or liability towards You.
13. Governing Law and Jurisdiction
Report Abuse And Take Down Policy
When You use 101Jewels site or send emails or other data, information or communication to 101Jewels, You agree and understand that You are communicating with 101Jewels through electronic records and You consent to receive communications via electronic records from 101Jewels periodically and as and when required. 101Jewels will communicate with You by email or by notices on 101Jewels site or electronic records on 101Jewels site or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,
16. General Provisions
16.2 Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. 101Jewels rights and/or obligations under the Agreement are freely assignable or otherwise transferable by 101Jewels to any third parties without the requirement of seeking Your prior consent. 101Jewels may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. 101Jewels shall have right to transfer Your Account and Account Information to a third party who purchases 101Jewels business as conducted under the 101Jewels site.
Feedback and Information
17.1 Any feedback You provide to 101Jewels shall be deemed to be non-confidential. 101Jewels shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) 101Jewels is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) 101Jewels may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from 101Jewels for the feedback under any circumstances.
17.2 To clarify, 101Jewels may at its discretion, make any modifications or changes to the 101Jewels site, Content and / or Services on the basis of such feedback, however 101Jewels shall not be obliged to do so. Further, in the event that 101Jewels makes any changes or modifications to 101Jewels site, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to 101Jewels site, Content and / or Services. You expressly waive any and all rights in such changes or modifications to 101Jewels site, Content and / or Services, and assign to 101Jewels, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to 101Jewels site, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the 101Jewels site, Content and / or Services