About Bhoopnarayan Tanayakumar Jewellers and these Terms of Use
Bhoopnarayan Tanayakumar Jewellers has its headquarters at Lucknow, Uttarpradesh, India. The Platforms are owned and edited by Bhoopnarayan Tanayakumar Jewellers. Please read these terms of Use carefully before using the Platform. By using the Platform, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorized to continue use of the Platform.
Definitions
"Agreement" shall mean the terms and conditions as detailed herein including those incorporated by reference and including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, novated, supplemented, varied or replaced/substituted from time to time.
"Customer" shall mean any individual person or an entity who accesses this Website, desires to place or places an order for the purchase of the Products) on the Seller at this Website.
"Consignment" shall mean each shipment of Products) that the Seller makes in response to a purchase order placed by the Customer in accordance with the terms of this Agreement.
"Product" shall mean silver coins, gold coins, gold articles and items of gold, diamond or gemstone jewellery that the seller has made available for purchase on this website [this Website and Products) listed therein may be updated by the Seller from time to time at its sole discretion] and that as part of the designs offered on this Website the items of gold jewellery may or may not be encrusted with/embedded with/have strings of as applicable - diamonds, precious stones, semiprecious stones, pearls, beads, Kundan, meena/meenakari or coated/electroplated with precious metals or alloys or artistically made to give an antique look or colored artistically etc. as per the description of each of item given in the Website.
"This Website" shall mean the website www.bhoopnarayanjewellers.com owned by the Seller which website is also identifiable by its URL www.bhoopnarayanjewellers.com which is an online shopping platform owned and operated by the Seller for sale of the Product(s).
"Ordering Procedure" shall mean the step by step procedure which is to be followed by the Customer to order the Product(s) from the Seller's Website.
"Payment Procedure" shall mean the step by step procedure which is to be followed by the Customer to pay the Seller for the Product(s) ordered by the Customer from this Website.
"Intellectual Property Rights" shall include but not be limited to copyrights, trademarks, patents, trade secrets, designs, artistic work or other proprietary rights protected under law from time to time.
Use of the website
The user of this website shall not access this website from a jurisdiction where none of the terms and conditions of this Agreement are recognised or in force. The user of this website or the Customer agree, acknowledge and recognise that the contract of sale is made in India, is governed exclusively by laws of India and is subject to the exclusive jurisdiction of the High Court of Prayagraj Lucknow bench and its subordinate courts to the exclusion of all other courts.
The Customer agrees and acknowledges that this Website can be used only by individuals who are 18 years and above and can enter into legally binding contracts. Individuals who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including but not limited to minors, un-discharged insolvents ete. Are not eligible to use this Website and purchase the Products). In the event the Customer is a minor and wishes to purchase the Products) such purchase must made by Customer's legal guardian or parents. The Seller reserves the right to terminate Customer's access to and refuse to provide Customer with access to this Website if the Seller discovers that Customer is under the age of 18 years or is incompetent to contract as mentioned above.
Updates to these Terms of Use
We may make changes from time to time to these terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the platform. Any new version of these Terms of Use shall take effect and will govern the use of the platform and your relationship with us immediately upon the date of posting. By continuing to use this Platform, you agree to be bound by the terms of these updates and amendments.
Transaction security
When you (the Customer) visit/accesses the Website or send emails to us (the Seller), you are communicating with Seller electronically. From your computer (Customer's computer) till the point of the server where this Website is hosted, it is the sole responsibility of the Customer accessing this Website to ensure secure communication, to maintain the confidentiality of his information details (including Credit card number and all other confidential information disclosed by him), to restrict access to his computer, and the Customer agrees to accept responsibility for all activities that occur using his computer.
The Seller disclaims all responsibility for any hacking, communication interruptions, etc. that take place on this connection. The Customer expressly agrees that the Seller shall not be liable for any unauthorised access to or modification of Customer's transmissions or data, any material or data communicated or received or not sent or received, or for any failure to send or receive any material or data. Additionally, the Seller will make best efforts to safeguard the confidentiality of Customer's personally identifiable information available with it, but transmissions made by means of the Internet cannot be guaranteed or made absolutely secure. By using this website, the customer acknowledges and agrees that the seller will not be held liable for the disclosure of the customer's information as a result of transmission failures or unauthorised acts by third parties. Without limiting the aforementioned, the Customer acknowledges and agrees that the Seller is not liable or accountable for "phishing attacks" against the Customer.
To the fullest extent permitted by applicable law, Bhoopnarayan Tanayakumar Jewellers shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from The Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort(including negligence) or otherwise, even if
Sale of products
The Customer agrees and acknowledges that in the Website all Products) are offered only at the sole discretion of the Seller for a restricted time and only for the available supply/till stock lasts.
Prices on the website are subjected to change without any prior notice, as the prices are calculated using current prices of precious metals and gems.
The Seller also reserves the right to put a limit on the number of items purchased or orders placed through this Website. In addition the Seller also reserves the right to put a monetary limit/value cap in terms of Indian Rupees up to which only the Customer may place order(s) on this Website.
Additionally, the Seller also reserves the right to put a condition that each order placed by the Customer on this Website must be above a certain minimum monetary value in terms of Indian Rupees.
Customer data
The Customer agrees, acknowledges, confirms and undertakes that the Registration Data, information/data provided or uploaded onto the Website by the Customer:
- shall not be false, inaccurate, misleading or incomplete or
- shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards or
- shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy or
- shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing or
- shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 or
- shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever or
- shall not create liability for Seller or cause Seller to lose (in whole or in part) the services of Seller's ISPs or other service providers/suppliers. If the Customer contravenes the foregoing or the Seller has reasonable grounds to suspect that the Customer has contravened the foregoing, the Seller has the right to indefinitely deny or terminate Customer's access to the Website and to refuse to honor the Customer's Order(s).
Trademark
The Customer agrees, acknowledges, confirms and undertakes that in any event and at any point of time whatsoever the Customer shall not do all or any of the following:
- tamper with or alter Seller's trade mark, service mark, symbol, marking, abbreviations thereof or any brand or hallmark symbol displayed/etched/stamped on the Products), or
- add, in any manner whatsoever, any trade mark, service mark, symbol, marking, abbreviations thereof or any brand or hallmark symbol on the Products) or
- do or cause to be done any act or thing, directly or indirectly impairing or affecting the right, title and interest of the Seller to the Intellectual Property Rights in relation to the Products). In this respect the Customer agrees, acknowledges and confirms that making copy/copies of the Products) is a violation of Seller's Intellectual Property Rights and is prohibited under this Agreement
This Agreement provides the Customer with a personal, revocable, nonexclusive, non-transferrable license to use this Website, provided, the Customer complies with and continues to comply with this Agreement. The Customer may use this Website solely for his personal, non-commercial use, and the Customer may download a single copy of the materials from this site only for personal, non-commercial home use, as long as Customer agrees not to remove any copyright, trademark, or other proprietary notices from the materials downloaded.
The Seller shall take appropriate legal action and prosecute to the fullest extent of the law any violation of the following Clause. The Seller prohibits the use of its trademarked names in Meta tags and/or hidden text. The use of trademarked names in meta tag keywords amounts to trademark infringement, and the use of trademarked terms in page text, meta tags, and/or hidden text for purposes of gaining higher rankings from search engines amounts to unfair practise. The Seller prohibits the following
- linking of this Website and its web pages) without prior written consent of the Seller and/or
- Framing of this Website and its web pages) with links, advertisements and/or other information not originating from this Website.
- No right or license is granted under any copyright, patent or trademark of the Seller to any other party.
Warranty
The Customer hereby assumes the sole risk of making use or relying on the information, materials and services relating to the Products available on this Website or relating to this Website. The Seller makes no representations about the suitability, completeness, timeliness, reliability, legality in Customer's jurisdiction, or accuracy of the information, materials and services relating to the Products described or contained in this Website for any purpose.
All Products described or contained in this Website are offered "as is" without warranty of any kind whatsoever, including aside from the implied warranties and conditions of merchantability or fitness for a specific purpose, workmanlike effort and non-infringement.
In respect of, in relation to and with regard to this Website or any of the information, software, services and related graphics contained within the Website, the Seller expressly disclaims all warranties and conditions, whether express or implied, regarding the accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components. This Website and all such information, software, services and related graphics are provided "as is" without warranty of any kind whatsoever.
Applicable Law and Jurisdiction
These terms of Use Shall be governed by and construed in accordance with the laws of India, without reference to conflict of law’s provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said terms of Use.