Taj Mahal Silver Term & Conditions

Welcome to Taj Mahal Silver Jewellery Company (hereinafter referred to as the “website” or “site” or “app” or “we” or “us”). The website/app is offered to the user conditioned on their acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Their use of our website/app constitutes their agreement to all such Terms.

Our website/app is owned and operated by Taj Mahal Silver Jewellery Company with its office located at ________________________________________________ (Office Address).Our website/app provides an online shopping platform through which users/buyers/customers (hereinafter referred to as “user”, or “Client”, or “you” or “your” )will have the opportunity to buy products listed on our website/app(collectively, the “Services”).

By using the Site, the users agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern the user access to and use of the Site and Services and all Collective Content and constitute a binding legal agreement between the user and us.

Please read carefully the Terms of use, in case the user does not agree to these terms, he/she may at any time stop operating this site and not use it. Failure to do so may subject the user to civil and/or criminal penalties.

All products/services and information displayed on our website constitutes an "invitation to offer". Any order made for purchase shall be considered as the user’s “Offer” for which the following terms of use shall play an important role in accordance thereof. If the users have supplied us with their valid email address, we will notify the user by email as soon as possible to confirm receipt of their order and email the user again to confirm details and therefore process the order. Our acceptance of the user’s order will take place upon dispatch of the product(s) ordered. No act or omission of our website before the actual dispatch of the product(s) ordered will constitute acceptance of the offer of the user.

The use of this Website constitutes the user consent to, and agreement to, abide by the most current version of these terms and conditions (the "Terms"). The following terms and conditions may be revised and changed by us at any time without prior notice. The most up to date version of the Terms will always be available for the user review under the "Terms of Use" link that appears at the bottom of the Website.

This website reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING THE USER LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

IN USING THIS WEBSITE, THE USER ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. THE USER AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT THE USER OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES THE USER UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.

1. DEFINITIONS AND INTERPRETATION:

I. "Agreement" means the terms and conditions as detailed herein including all Exhibits, privacy policy, other policies mentioned on the website/app and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.

II. Taj Mahal Silver Jewellery Company means the online shopping platform via which customers/buyers can purchase the products offered for sale via our website/app.

III. "Customer" / "Buyer" means an individual who accepts the offer for sale and purchases/buys from our website/app by placing an order with us for any product offered for sale on our website/app. Customers/buyers shall also hereinafter be referred to as “Users”.

IV. "Product/s" means the various Products such as Silver and Gold Jewellery, coins, bullion of Gold and Silver, diamonds, gemstones, accessories and jewellery cleansers etc. are offered for sale on our website/app along with the product’s price, related description, information, warranties, refund and cancellation procedures, delivery schedule etc.

V. “Account” means the accounts created by the customers/users on our website/app in order to use the Services provided by us and require information such as name; email address; password; contact number; residential address, office address or any other details of the address that is going to be the address for the purpose of deliveries; etc.

VI. “Content” means text, graphics, images, music, audio, video, information or other materials.

VII. “User Content” means all Content that a user post, uploads, publishes, submits or transmits to be made available through our website/app.

VIII. “SNS” means Social Networking Site such as Facebook, twitter etc.

IX. The official language of these terms shall be English.

X. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.

2. ELIGIBILITY OF MEMBERSHIP:

I. Use of the Site/App is available only to persons who can form legally binding contracts under applicable law. If the user is a minor i.e. under the age of 18 years but at least 13 years of age, he/she may use this Site/App only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If the user age is below that of 18 years their parents or legal guardians can transact on behalf of the user if they are registered users.

II. Our website/app reserves the right to terminate the user’s membership and refuse to provide the user with access to the Site/app if we discover that the user is under the age of 18 years if it is required to do so. The Site/app is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If the user is registering as a business entity, the user represents that the user has the authority to bind the entity to this User Agreement.

III. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our website/app you agree to be bound by the Terms and Conditions.

3. REGISTRATION:

I. Some of our services are available to unregistered Users but in order to avail broader access to our services the user shall be required to create an account with us in order to become a registered user (“User” or “member”).

II. In order to avail our services, the User shall be required to create an account with us. In order to create an account and register with us, the user shall create an account with us.

III. In order to register for an account with us (an "Account") and provide certain personal information such as name; email address; contact number; password; residential or office address; and phone number.

IV. The user represents and warrants that all required registration information the user submits is truthful and accurate and that he/she will maintain the accuracy of such information. The user shall be responsible for maintaining the confidentiality of his/her Account login information and shall be thus fully responsible for all activities that occur under his/her Account. The user agrees to immediately notify us of any unauthorized use, or suspected unauthorized use of his/her Account or any other breach of security. The website cannot and will not be liable for any loss or damage arising from the user’s failure to comply with the above requirements. The user must not share their password or other access credentials with any other person or entity that is not authorized to access their account. Without limiting the foregoing, the user will be solely responsible for any activities or actions that occur under the user website/app account access credentials. We encourage the user to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with the user account. We cannot and will not be liable for any loss or damage arising from the user fails to comply with any of the above.

V. The user agrees to provide and maintain accurate, current and complete information about their Account. Without limiting the foregoing, in the event the user changes any of his/her personal information as mentioned above in this Agreement, the user will update their Account information promptly.

VI. When creating an Account, don’t:

a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than the user without such other person’s permission;

b) Use a username that is the name of another person with the intent to impersonate that person;

c) Use a username that is subject to rights of another person without appropriate authorization; or

d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.

VII. We reserve the right to suspend or terminate the user’s Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that the user creates through the Service that violates our Terms. If the user has reasons to believe that his/her Account is no longer secure, then the user must immediately notify us at ______________________________ (email address).

VIII. The user may not transfer or sell their Taj Mahal Silver Jewellery Company account and User ID to another party. If the user is registering as a business entity, the user personally guarantees that the user has the authority to bind the entity to this Agreement.

IX. Our Services are not available to temporarily or indefinitely suspended members. Our website/app reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website/app reserves the right to refuse service to anyone, for any reason, at any time.

X. The user agrees to comply with all local laws regarding online conduct and acceptable content. The user shall be responsible for all applicable taxes. In addition, the user must abide by our website/app’s policies as stated in the Agreement and the website/app policy documents published on the Website/App as well as all other operating rules, policies and procedures that may be published from time to time on the Website/App by Company.

4. SERVICES:

I. Our website/app is an online shopping platform via which customers/users can purchase/buy products listed on our website/app at the price indicated therein at any time from any place. Our website/app has made its services available to use as a matter of convenience for our users.

II. Our website/app uploads pictures of the products which it offers for sale on the website/app and also mentions the product descriptions therein. In order to make the purchase of the product listed thereon, the customer will have to click on the product which it wishes to purchase and therein it will be displayed with two options that are either to buy the same or add the same to the Cart in order to continue with further shopping.

III. Thus, the actual transaction of sale purchase shall take place when the user clicks "Checkout” on our website/app and pays for the product and/or if the user has opted for Cash on Delivery, then after the payment of the order at the time of delivery. We shall ship/deliver the products/items to the user only when the user purchases and pays for the ordered product provided that the user has opted for online payment as a mode of their payment. In case of cash on delivery on the other hand once the delivery has been made the user has to make the payment for the purchase at the time of such delivery not before or after.

5. ACKNOWLEDGEMENTS/REPRESENTATIONS AND WARRANTIES BY USERS:

I. Before placing an order, users are advised to check the product description carefully. By placing an order for a product, buyer/customers agree to be bound by the conditions of sale included in the product’s description/listing.

II. Charges displayed on the site/app include all the charges and display the final cost of the product for purchase. However, in some cases, we may levy extra charges apart from the listed price as applicable, and such extra charges shall be added in the total when the final purchase is made.

III. Prices and availability of products are subject to change, without prior notice to users/Buyers/Customers, at our sole discretion. The price of the product may vary depending upon the change in the value of the metal (silver/gold) in the market that is being used; such changes may occur at any time even after the user has added the products in the cart or wish list until the user checks out with a payment method.

IV. Our website/app reserves the right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user id of such user and/or disqualify that user from using our website/app. Any person who knowingly and with an intention to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

V. The Website/App is only a venue through which User can reach a larger base to buy products/items. All products are offered only for a restricted time and only for the available supply.

VI. The user acknowledges and undertakes that the user is accessing the services on the Website/App and transacting at their own risk and are using their best and prudent judgment before making any purchases through the Website/App. We shall neither be liable nor be responsible for any actions or inactions of manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.

VII. We shall not be held liable by the user in case the product causes any loss or damage to anyone under any circumstances.

VIII. Our website/app strongly advises the user not to test the site/app with false purchases, as it will put the user at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by us. In case an unauthorized card is being used the user shall be responsible to pay the amount if the authorities claim the same from the website/app in order to prevent us from any risks, legal action or refund thereof. It shall thus be the responsibility of the user to bear any or all such risks, legal actions or refunds.

IX. All purchases on the Website/App are a firm commitment to purchase. If the user is the buyer/purchaser for any product/item, he/she is obligated to complete the transaction with us. By purchasing an item, the users agree to be bound by the conditions of sale included in the item's description on our website/app.

6. PAYMENTS:

I. The users/customers/buyers may make payments to us via their valid debit or credit cards, Paytm, razor pay, or net banking at the time of ordering the product via our website/app or choose to pay Cash on Delivery.

II. Unless otherwise stated, all prices/fees are quoted in Indian Rupee.

III. Charges displayed on the site/app shall include all the charges and therefore displays the final cost of the product for making any purchase. However, in some cases in addition to the payment of the purchase price, user/buyer is responsible for paying any extra charges as applicable. All such extra charges are not included in the listed price but will be displayed to buyers before confirmation of any purchase.

IV. Our website/app uses third party payment providers to receive payments from the user. We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues.

V. We take utmost care to work with 3rd party payment providers, but we do not control their systems, processes, technology and workflows, hence cannot be held responsible for any fault at the end of payment providers. In case the 3rd party saves any of the payment details of the user, we shall not be responsible for it or any other mishappening and thus it is recommended to the user to further visit the 3rd party site, read their privacy policy and only then fill-up any such sensitive details here.

VI. Our website/app reserves the right to refuse to process transactions by the user with a prior history of questionable charges including without limitation breach of any agreements by Buyer with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

VII. The user acknowledges that he/she will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.

VIII. Our website/app reserves the right to recover the cost of goods, collection charges and lawyers' fees from persons using the Site/App fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site/App and any other unlawful act or acts or omissions in breach of these terms and conditions.

IX. We as a merchant 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 the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

7. COLOURS AND PRODUCT DESCRIPTION:

I. We have made every effort to display as accurately as possible the colours of our products that appear on our website/app. However, as computer monitors vary, we cannot guarantee that the user’s monitor's display of any colour will be completely accurate.

II. All sizes and measurements are approximate; however, we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website/app are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been incorrectly published, including prices and promotions.

III. Our website/app attempts to be as accurate as possible. However, our website/app does not warrant that product descriptions or other content of the site/app are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, please contact our customer service department email_____________ at our website/app.

8. THE USER AGREE AND CONFIRM:

I. That in the event that a non-delivery occurs on account of a mistake by the user (i.e. wrong name or address or any other wrong information) any extra cost incurred by us for redelivery shall be claimed from the user.

II. That the user will use the services provided by our website/app, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site/App and transacting on the Site/App.

III. The user will provide authentic and true information in all instances where such information is requested of the user. We reserve the right to confirm and validate the information and other details provided by the user at any point of time. If upon confirmation their details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar the user from using the Services of our website/app and/or other affiliated websites without prior intimation whatsoever.

IV. That the user is accessing the services available on this Site/app and transacting at their sole risk and is using their best and prudent judgment before entering into any transaction through this Site/App.

V. That the address at which delivery of the product ordered by the user is to be made will be correct and proper in all respects.

VI. That before placing an order the user will check the product description carefully. By placing an order for a product, the user agrees to be bound by the conditions of sale included in the item's description.

VII. The user shall at all times ensure full compliance with the applicable provisions including International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding the user’s use of Our service.

VIII. It is possible those other users (including unauthorized/unregistered users or "hackers") may post or transmit offensive or obscene materials on the Website/App and that the user may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about the user due to their use of the website/app, and that the recipient may use such information to harass or injure the user. Although we use best in class security measures like cyber security servers and also encrypt of sensitive data to hide our data even after hacker attack but We do not approve of such unauthorized uses, but by using the website/app the user acknowledge and agree that we are not responsible for the use of any personal information that the user publicly disclose or share with others on the website/app. Please carefully select the type of information that the user publicly discloses or share with others on the Website/App.

9. THE USER MAY NOT USE THE SITE/APP FOR ANY OF THE FOLLOWING PURPOSES:

I. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

II. Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

III. Interfering with any other person's use or enjoyment of the Site/App.

IV. Breaching any applicable laws;

V. Interfering or disrupting networks or web sites connected to the Site/App.

VI. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

VII. Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep the user from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our site/app, services

10. MODIFICATION OF TERMS & CONDITIONS OF SERVICES:

I. We may at any time modify the Terms & Conditions of Use of the site/app without any prior notification to the user. The user can access the latest version of the User Agreement at any given time on our website/app. The user should regularly review the Terms & Conditions on our website/app. In the event the modified Terms & Conditions is not acceptable to the user, he/she should discontinue using the service. However, if they continue to use the service they shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site/app.

II. This website/app will not be liable for delays resulting from an incomplete address. In such cases, the customer will have to bear the reshipping charges.

11. REVIEWS, FEEDBACK, SUBMISSIONS:

I. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site/App or otherwise disclosed, submitted or offered in connection with the use of the user of this Site/App (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments the user submits for any purpose whatsoever, without restriction and without compensating the user in any way.

II. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay the user any compensation for any Comments; or (3) to respond to any Comments. The user agrees that any Comments submitted by him/her to the Site/app will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), (4) will not cause injury to any person or entity; and (5) use any vulgar or abusive language in the comments or while giving any feedback; and if at any point the user does so it shall result in a legal action further deleting any such comment or feedback. The user further agrees that no Comments submitted by them to the Site/App will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

III. Our website/App does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site/App. The user grants us the right to use the name that is submitted by the user in connection with any Comments. The user further agrees not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments they submit. The user is and shall remain solely responsible for the content of any Comments the user makes and agrees to indemnify us and our affiliates for all claims resulting from any Comments the user submits. We and our affiliates take no responsibility and assume no liability for any Comments submitted by the user or any third party.

12. COPYRIGHT & TRADEMARK:

I. Our website/app, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site/App. Access to this Site/App does not confer and shall not be considered as conferring upon anyone any license under any of www.tajmahalsilver.com or any third party's intellectual property rights. All rights, including copyright, in this website/app, are owned by or licensed to us or third-party suppliers. Any use of this website/app or its contents, including copying or storing it or them in whole or part, other than for the user’s own personal, non-commercial use is prohibited without the permission of our website/app. The user cannot modify, distribute or re-post anything on this website/app for any purpose.

II. Taj Mahal Silver Jewellery Company names and logos and all related product and service and our slogans are the trademarks or service marks of Taj Mahal Silver Jewellery Company. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site/App. Access to this Site/App does not authorize anyone to use any name, logo or mark in any manner.

III. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site/App (collectively, the "Contents") are intended solely for personal, non-commercial use. The user may download or copy the Contents and other downloadable materials displayed on the Site/App for their personal use only. No right, title or interest in any downloaded materials or software is transferred to the user as a result of any such downloading or copying. The user may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site/App or any related software. All software used on this Site/App is the property of our website/app or its suppliers and protected by Indian laws. The Contents and software on this Site/App may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site/App is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website/app, one of its affiliates or by third parties who have licensed their materials to us and are protected by Indian laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site/App is the exclusive property of our website/app and is also protected by laws of India.

IV. If the user learns of any unlawful material or activity on our website/app, or any material or activity that breaches this notice, he/she shall inform us. We respect the intellectual property rights of others and expect the user of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If the user has a reason to believe that the user’s Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: at this email_________________

a. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

b. identification of the copyrighted work claimed to have been infringed;

c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

d. Their contact information, including their address, telephone number and an email address;

e. a statement by the user that they have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. a statement that the information in the notification is accurate, and that the user is authorized to act on behalf of the copyright owner.

V. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to the user. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.

VI. Notices regarding our website/app should be sent to: _________________________________________________ (email address of our copyright agent to whom copyright infringement complaints can be filed).

13. INDEMNITY:

The user agrees to defend, indemnify and hold harmless our Company/website/app, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the actions or inactions of the users, which may result in any loss or liability to our website/app or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of the user’s obligations under this User Agreement or arising out of their violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

14. TERMINATION:

I. We may, at any time and without notice, suspend, cancel, or terminate the user’s right to use the website/app (or any portion of the website/app). In the event of suspension, cancellation, or termination, the user shall be no longer authorized to access the part of the website/app affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on the user with respect to material downloaded from the website/app and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.

II. Without limiting the foregoing, we may close, suspend or limit the user’s access to our website/app:

• if we determine that they have breached, or are acting in breach of, this Agreement;

• if we determine that they have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;

• if we determine that they have engaged, or are engaging, in fraudulent, or illegal activities;

• to manage any risk of loss to us, a User, or any other person; or

• For other similar reasons.

III. If we find that the user is in breach of these terms of service, the user may also become liable for an amount of which we have suffered losses/damages.

15. DISCLAIMERS AND LIMITATION OF LIABILITY:

I. The Site/App is provided without any warranties or guarantees and in an "As Is" condition. The user must bear the risks associated with the use of the Site/App.

II. The Site/App provides content from other Internet sites or resources and while our website/app tries to ensure that material included on the Site/App is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems the user may experience with the Site/App. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and the user agrees not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

• The user’s use of or inability to use our Website/App, Services and tools;

• Delays or disruptions in our Website/App, Services, or tools;

• Viruses or other malicious software obtained by accessing our Website/App, Services, or tools or any site, Services, or tool linked to our Website/App, Services, or tools;

• Glitches, bugs, errors, or inaccuracies of any kind in our Website/App, Services, and tools or in the information and graphics obtained from them;

• The content, actions, or inactions of third parties, including items listed using our Website/App, services, or tools or the destruction of allegedly fake items;

• A suspension or other action is taken with respect to their account; and

III. To the fullest extent permitted under applicable law, our website/app or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site/App, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of our website/app to the user for all liabilities arising out of this USER AGREEMENT WHETHER IN TORT OR CONTRACT IS LIMITED TO THE VALUE OF THE PRODUCT ORDERED BY THE USER. Our website/app, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site/App or that the operation of the Site/app will be error-free and/or uninterrupted. Consequently, our website/app assumes no liability whatsoever for any monetary or other damage suffered by the user on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site/App; and/or any interruption or errors in the operation of the Site/App.

IV. We believe that all the customers who order online are aware that colours seen on a monitor in certain cases may be slightly different as compared to the actual products ordered. All colour options offered on the net is an exercise to provide our customers with the maximum available choice. A slight variation in the shade selected by them is considered as a normal practice as these products have a tendency to reflect different shades of a colour under different light and medium. Patterns, gems, shape, design or ornamentation in the product might vary slightly depending on the availability and therefore, we will not consider any received or furnished order cancellation or exchange for this reason.

V. Our website/App periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. The user agrees that we have no responsibility and are not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

VI. The Jewellery provided by us to the user shall be high-end Jewellery having various purities such as sterling silver which consists of 92.5% pure silver mostly and in some products 99.9% pure silver or any other such percentage as per the manufacturers of the products; the products having 98%, 99% or 99.9% purity in it shall be considered as pure due to the limitations of the procedures opted by the refiners for refining the same and shall be thereby made available to the user for their purchase.

VII. Our website’s team based upon the user subscription to our newsletter shall send them information about products, services, offers, any other general information, notices, letters and other communication via email or at times by posting such information on the website. The user can ask us to refrain from sending such offers or promotional offers by sending us an email at _________________________ or by unsubscribing our newsletter.

VIII. Our website shall not be held responsible by the user in case there are any scratches, defects, wear and tear, breakage of the jewellery, breakage of any gem or any other part of the jewellery, or any such other condition will cause harm to Jewellery. If the jewellery is under any of the aforementioned conditions it cannot be returned by the user and therefore no request of refund shall be entertained by us.

IX. We shall provide the users with the best quality products by using best treatments that are possible on the Jewellery in order to maintain the shine, luster and make it long-lasting with proper care, although any discolouring of silver or breakage which is natural shall not be our responsibility. As noble metals are resistant to corrosion yet not entirely. The composite of metal has a tendency to tarnish when exposed to air and sulfur. However, if the user takes proper care of the jewellery as directed, the jewellery’s lifetime maybe increases in other words, the shine, finish and gloss of the jewellery can last longer.

16. GOVERNING LAWS AND JURISDICTION:

I. This User Agreement shall be construed in accord with the applicable laws of India regardless of the user’s physical location.

II. The Courts at Ludhiana, Punjab have exclusive jurisdiction in any proceedings arising out of this agreement.

17. DISPUTE RESOLUTION:

I. Generally, transactions are conducted smoothly on our website/app. However, there may be some cases where we and the user may face issues. A 'Dispute' can be defined as a disagreement between the user and us in connection with a transaction on the Website/App.

II. In the interest of resolving disputes between the user and us in the most expedient and cost-effective manner, they and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. It shall be the sole decision of Taj Mahal Silver Jewellery Company whether to opt for Indian judiciary system or arbitration for the purpose of solving disputes that arise. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and regardless of whether the claims arise during or after the termination of the Terms. THE USERS UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, THE USERS AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

III. The venue for arbitration shall be Ludhiana, Punjab and the language used for arbitration shall be English.

IV. The award of the arbitration shall be binding on both, the user and us.

V. The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.

18. SITE/APP SECURITY:

The user is prohibited from violating or attempting to violate the security of the Site/App, including, without limitation, (a) accessing data not intended for the user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting user who is involved in such violations. The user agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site/App or any activity being conducted on this Site/App. The user agrees, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site/App other than the search engine and search agents available from us on this Site/App and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

19. PRIVACY:

All Personal Information and User Generated Content provided to or displayed on the Site/App and Services are subject to our Privacy Statement.

20. NOTICE:

I. By using the Site/App and Services, the user accepts that communication with us will be mainly electronic. We will contact the user by email or provide the user with information by posting notices on the Site/App and Services.

II. The user acknowledges that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.

III. Notice will be deemed received and properly served immediately when posted on the Site/App and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:

• For letters, the letter was properly addressed, stamped and placed in the post; and

• For emails, the email was sent to the specified email address.

21. LEGAL COMPLIANCE:

I. In addition to this Agreement, the user must familiarize them with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding the user’s use of our services. Notwithstanding the successful conclusion of a transaction, the user must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.

II. The user alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website/app are lawful. The user must ensure that they comply with all applicable laws in India and all other countries.

III. The user should comply with country, state and federal regulations.

22. LINKS TO OTHER WEBSITES:

Links to third party Websites on this site/app are provided solely as a convenience to the user. If the user uses these links, a new browser will be lodged to access linked Websites. We have not reviewed these third-party Websites and do not control and are not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If the user decides to access any of the third-party Websites linked to this site/app, the user does this entirely at the user’s own risks.

23. NO WAIVER IMPLIED:

The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by the user of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

24. SEVERABILITY:

Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.

25. ASSIGNMENT:

I. The user will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.

II. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without the user’s consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.

26. FORCE MAJEURE:

I. We shall be under no liability to the user in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:

(a) acts of god;

(b) natural disasters;

(c) sabotage;

(d) accident;

(e) riot;

(f) shortage of supplies, equipment, and materials;

(g) strikes and lockouts;

(h) civil unrest;

(i) Computer hacking; or

(j) malicious damage.

II. In case of any such act of God, natural disaster or any other circumstance as aforementioned there may be a delay in the delivery of the products for which we shall not be held accountable or for any other loss or damage thereof which may arise or occur out of such a situation, we shall not be held accountable whatsoever.

27. DIGITAL SIGNATURE:

I. By using our services, the user is deemed to have executed this Agreement electronically, effective on the date the user register the Account and start using our services. The Account registration constitutes an acknowledgement that the user is able to electronically receive, downloads, and prints this Agreement.

II. In connection with this Agreement, the user may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate the user’s use of the website/app, the user gives us permission to provide these records to the User electronically instead of in the paper form.

III. By registering for an Account, the user consent to electronically receive and access, via email, all records and notices for the services provided to the user under this Agreement that we would otherwise be required to provide to the user in paper form. However, we reserve the right, in our sole discretion, to communicate with the user via the Postal Service and other third-party mail services using the address under which the user’s account is registered. The user’s consent to receive records and notices electronically will remain in effect until the user withdraw it. The user may withdraw the consent to receive further records and notices electronically at any time by contacting Customer Support. If the user withdraws the consent to receive such records and notices electronically, we will terminate the user’s access to the Services, and the user will no longer be able to use the Services. Any withdrawal of the user’s consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process the user’s request for withdrawal. Please note that the user’s withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to the user before the withdrawal of the user’s consent becomes effective.

IV. In order to ensure that we are able to provide records and notices to the user electronically, the user must notify us of any change in the email address by updating the user’s account information on the website/app or by contacting Customer Support.

28. ENTIRE AGREEMENT:

These Terms collectively represent the entire agreement and understanding between the user and us and supersede any other agreement or understanding (written, oral or implied) that the user and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.

29. CONTACT US:

For any further clarification of our Terms and Conditions, please write to us at ________________________________________ (email address).