Welcome to Jewellery Exchange Application (“Jewellery Exchange,” “we,” “us,” or “our”) online marketplace platform.   Jewellery Exchange App operates the online platform via Jewellery Exchange App’s mobile application (the “App”) and website located at www.jewelryexchange.app  (the “Site”), which is designed to connect Jewellers with potential clients (each a “Client” and collectively “Clients”) and to facilitate the browsing of jewellery pictures and videos uploaded by jewellers and establish the communication between the consumer and jeweller. We have established this Privacy Policy as a means to describe to you our practices related to the information we collect from users (Jewellers (retailers, manufacturers, designers, assessors and suppliers), Clients, and buyers and sellers of Products) of the Site, App and the online services enabled therein (the “Services”).

 

 

We collect Personal Information from you in the following ways:

 Information You Provide to Social Networking Sites. The Services allows users to connect certain social networking services to their Account (each, an “SNS”).  If you connect your account to your SNS account, we may receive information from the SNS depending on the privacy settings you have with that SNS.  Please consult the SNS’s privacy and data practices.

 Information Automatically Collected Via Technology

 Information Collected by Our Payment Processor. Jewellery Exchange App is FREE for all to download. The Jewellery Exchange App do not accept any payment method.

 

So we are clear about the terminology we are using, when we use the phrase “Personal Information” in this Privacy Policy, we mean information that allows someone to identify or contact you (e.g., your name, address, email address, or telephone number) and any other non-public information that is associated with such information. When we use the phrase “Anonymous Information” in this Privacy Policy, we mean information that is not associated with or linked to your Personal Information, such as aggregated, de-identified data.

This Platform is operated by the Company under the brand Jewellery Exchange. The Company offers this Platform, including all information, tools and services available from this Platform to You, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The User’s use of the Platform and related tools and services thereof, including but not limited to viewing information, acting on such information and the transactions that may be implemented through the Platform, is governed by and shall be subject to these terms and conditions (hereinafter referred as “Terms of Service” or “User’s Agreement”), the terms whereof are subject to change at any time, without prior notice to You. Any new features or tools which are added to the current Platform shall also be subject to the Terms of Service. To ensure that you are aware of the changes, please review this Buyers’ Agreement and all the documents referred to hereunder periodically.

If you continue to browse through this Platform, You are agreeing to be bound by the Terms which along with the Privacy Policy govern your relationship with us. You confirm that You have also read and have agreed and accepted to be bound by the terms and conditions incorporated in the terms of the Privacy Policy, which shall be deemed to be a part of this Buyers’ Agreement.

In the event you are representing an incorporated entity, you hereby confirm that You have been expressly authorized by such entity to consent this Buyers’ Agreement, and such entity agrees to be bound by the terms hereunder.

This Buyers’ Agreement sets forth the legally binding terms of your use of the Platform and related services. By proceeding further, You confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned herein and incorporated in any additional guidelines or rules applicable to particular services on the Platform (“Additional Documents”), which shall be deemed to be a part of this Buyers’ Agreement. In the event of any conflict between the terms of this Buyers’ Agreement and any aforesaid Additional Documents, the Additional Documents shall prevail. If any of the terms of this Buyers’ Agreement or of any of the Additional Documents are not acceptable to You, please do not use the Platform. Your continued usage of the Platform after any change constitutes Your acceptance of the amended Buyers’ Agreement.

The Platform is an e-portal/mobile based application for marketing, purchasing and selling of Products. By visiting the Platform and/or buying/agreeing to buy Products listed on the Platform, You engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”“Terms”), including those additional terms and conditions and policies, as may be laid down under any Additional Documents as referenced herein and/or available by hyperlink. These Terms of Service apply to all Users of the Platform, including without limitation users who are browsers, vendors, customers, jewellers, and/ or contributors of data, content, information, pictorial representations and/or images (“Content”).

You are aware and fully understand that Platform is only a platform for prospective buyers and sellers and that:

A breach or violation of any of the Terms will result in an immediate termination of Services and may result in reporting to the law enforcement agencies.

The headings used in this Buyers’ Agreement are included for convenience only and will not limit or otherwise affect these Terms.

The company have built systems from offering to sell any prohibited items on the Platform. However, you understand and acknowledge that as a buyer it is also your responsibility to ensure that at no point you purchase the following Products on the Platform in the unlikely event that they are listed by the Jeweller:

In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the Platform or its Content:

You acknowledge that certain parts of this Platform are available only if you register on this Platform by following the registration process mentioned under this Buyer’s Agreement. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We reserve the right, but not the obligation, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Platform is void where prohibited.

We do not warrant that the quality of any Products, information, or other material purchased or obtained by You from the jewellers will meet Your expectations, or that any errors in the Service will be corrected. The jewellers will be solely responsible for the same.

We may provide You with access to third-party tools which We neither monitor nor have any control over nor do We provide any input. You acknowledge and agree that we provide access to such tools on an “as is basis” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by You of optional tools offered through the Platform is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Platform may direct You to third-party Platforms that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or Platforms, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any third-party Platforms. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us.

We are and shall be under no obligation to:

We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any third-party.

Your submission of personal information is governed by Our Privacy Policy

Occasionally there may be information on the Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Platform is inaccurate at any time without prior notice (including after You have submitted Your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related platform, should be taken to indicate that all information in the Service or on any related Platform has been modified or updated.

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that Your use of, or inability to use, the Service is at Your sole risk. The Products delivered to You through the Service are (except as expressly stated by us) provided on an 'as is basis' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Company our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service, or for any other claim related in any way to Your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Each time You upload the Content, You grant the Company a worldwide non-exclusive, transferable, royalty free license to use any such content including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such content. You accept that such license will not terminate upon Your deletion or removal of the Content or other uploaded content in respect of which it is granted; and shall continue to be used by the Company, on the Platform.

You agree and confirm that:

You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.

You acknowledge that certain parts of this Platform are available only if You register on this Platform by following the registration process mentioned under this Buyer’s Agreement. 

These Terms of Service are effective unless and until terminated by either You or Us. If in our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Buyer’s Agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Services (or any part thereof).

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by Us on this Platform or in respect to The Service constitutes the entire agreement and understanding between You and Us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service and any separate agreements whereby we provide You Services shall be governed by and construed in accordance with the laws of India and the Courts of New Delhi, India will have the exclusive jurisdiction. 

We shall not be held liable for any of Our obligations under the Buyer’s Agreement due to reasons beyond our control such as down time of servers, viruses, strikes, technical snags, system compatibility, natural calamities, acts of war, terror etc. You agree not to hold Us liable for any delay or adverse effect caused due to the occurrence of such an event. 

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Platform. It is Your responsibility to check our Platform periodically for changes. Your continued use of or access to our Platform or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

You should search your requirement and be specific before exchanging or placing any new order, as the return policy is completely the prerogative of the individual jeweller on the platform. 

 

For Users/Consumers

This document is an electronic record in terms of the information technology act, 2000 and rules made thereunder. this electronic record is generated by a computer system and does not require any physical or digital signatures. these terms of use were updated on October 14, 2020. please carefully read these terms of use. by using this platform you indicate your understanding and acceptance of these terms. if you do not agree to these terms you may not use this platform.

 

For Children

The Site and App are not directed to children under the age of 18 and children under the age of 18 are not eligible to use our Services.  We do not intentionally collect or maintain Personal Information from children under 18 years of age. If we later learn that a person under 18 years of age has submitted Personal Information to us, we will take steps to remove that user’s Personal Information from our databases and to prevent the user from utilizing the App, Site and the Services.

How we Use your personal Information

In general, we will use your Personal Information to either respond to the requests you make, or to aid us in serving you better. We use your Personal Information to:

 Anonymous Information

We may create Anonymous Information records from your Personal Information by excluding information (such as your name) that makes the data personally identifiable to you. We may use Anonymous Information analyse request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Information for any purpose and disclose Anonymous Information to third parties in our sole discretion.

How We Disclose Information

We may disclose your Personal Information as described below and as described elsewhere in this Privacy Policy:

 

Your Choices Regarding Your Information

Information Disclosed to Third Parties

This Privacy Policy addresses only our use and disclosure of information we collect from and/or about you on the Site and Services. If you disclose information to others, the use and disclosure restrictions contained in this Privacy Policy will not apply to any third party.  We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable.

The Site may contain content or links to other websites that are not owned or controlled by us. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other websites. When you click on such a link, you will leave our Site and go to another site.  During this process, another entity may collect Personal Information or Anonymous Information from you. The Site may also contain links to other websites controlled by us but which operates under different privacy policies. Please review the privacy policy of any new site you visit.

 Changes to this Privacy Policy

This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site and App.  Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site and App.  These changes will be effective immediately for new users of our Services.  Please note that at all times you are responsible for updating your Personal Information to provide us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  If you do not wish to permit changes in our use of your Personal Information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us.  Continued use of our Site or Services, following notice of such changes shall indicate your acknowledgement of such changes.

Client declare that the Information provide to us, is true and correct and there shall not be any false and incorrect information and if it is found that you intentionally shared false information intentionally to cause any kind of monetary loss to the company, all the deals will be immediately be terminated and you shall be sole liable for the punishment as per the law.