TERMS AND CONDITIONS
Gold Setu Private Limited, a company incorporated under the laws of India and its registered office at B/189, BDA Colony, Shahpura, Bhopal – 462039, Madhya Pradesh (“Company”, “We” or “Us” and their connotations) operates a website www.goldsetu.co (“Website”), a mobile application “Gold Setu” available on Google play store and Apple app store (“App”), and the uniform resource locator and/or mobile application created for each Merchant (“Merchant Platform”) (the Website, the App, and the Merchant Platform together called as “Platform”)
The users of the Platform shall mean to include any individual or corporate body, who has agreed to become a user of the Platform by accessing or using the Platform., including but not limited to jewellery retailers (“Merchants”) or their customers (“Customers”) and are herein referred to as “Users”. The term “Users” for the purposes of these Terms shall be read as “You” and its connotations and shall mean the Merchants and/or Customers as the context may so prescribe.
In the event that you are a Merchant, Part (A) of these Terms shall specifically apply to you. In the event that you are a Customer, Part (B) of these Terms shall specifically apply to you. Part (C) of these Terms shall apply to the Merchants as well as the Customers. These Terms shall apply fully to your use or access of this Platform. By using or accessing this Platform, you agree to accept all Terms written in here. You must not use or access this Platform if you disagree with these Terms.
Minors or people below 18 years old are not allowed to use this Platform and any person below the age of 18 years availing the Services shall be deemed to have obtained parental consent to do so.
The Company via its Platform a) enables the Merchants to offer products or service including but not limited to gold jewellery, silver jewellery, platinum jewellery, coins, bars, digital gold, gold loans, purchase plans/schemes, online payment options to the Customers and b) offer products, services, digital and payment tools to the Merchants (a and b together called as “Merchant Services”)
By virtue of this Platform, the Customers or Merchants shall be able to choose and avail Merchant Services. It is hereby clarified that the Company is not rendering the Merchant Services, directly by itself, and it is merely providing a Platform to its Users and facilitating the transaction related to Merchant Services being offered by the applicable Merchant. You hereby acknowledge that the Company only facilitates the transactions related to Merchant Services through this Platform and will not be liable in any manner whatsoever with respect to any of the Merchant Services being offered to You.
(A)TERMS APPLICABLE ON MERCHANTS
The Merchant undertake to provide accurate and correct information while registering on the Platform and while offering Merchant Services. The Merchant shall provide all such documents as and when required by the Company. In case of any changes in the aforementioned information, the Merchant shall immediately inform the Company in writing and rectify the information. The Merchant agrees and confirms that we may review the information provided and undertake any appropriate due diligence. However, we shall not be liable for any loss or damage caused to the Merchant due to submission of inaccurate information.
The Merchant hereby represents and warrants that it has all the necessary rights, consents, and permissions for the content that is being transmitted, displayed, stored through the Platform and that no content will violate or infringe any (i) third party intellectual property, publicity, privacy or other rights or (ii) any laws.
The Merchant shall at all times be responsible for maintaining the quality, authenticity and sanctity of the Merchant Services that is being sold through the Platform. The Merchant shall not hold the Company liable for any issues owing to quantity and/or quality of the Merchant Services or for any issues related to the delivery of the Merchant Services and at all times indemnify the Company in case of any third party or Customer claim.
The Merchant is solely responsible for the quoted prices of Merchant Services on our Platform, for selling and/or delivering the Merchant Services to the Customer, for storage, fulfilment of any order placed by the Customer, and for any deficiency in the Merchant Services performed by the Merchant.
The Merchant is the operator of the specific purchase plan as introduced by it from time to time and entered into by and between the Merchant and the respective Customers. Such purchase plans will be governed by the terms and conditions of the respective purchase plan.
Any disputes arising between the Customer and the Merchant shall be resolved by the Merchant at its sole and absolute liability. The Merchant hereby agrees to absolve the Company from any liability arising from these Terms as well as the applicable purchase plan terms. In an event, where the Company is made a party to any dispute, the Merchant hereby agrees to indemnify the Company for any loss suffered.
The usage of certain services and features of the Platform are subject to usage charges (“Platform Fees”). The Platform Fees for usage of a feature or services will be either published on the Platform or communicated directly to the Merchant. In consideration of using a paid service or a paid feature of the Platform, the Merchant hereby unconditionally agrees to pay the respective Platform Fees to the Company. The Merchant further agrees that the Platform Fees is subject to change by the Company and such change shall be accepted by the Merchant, from time to time.
The Merchant grant the Company unconditional and irrevocable right to deduct the Platform Fees directly from any amount received by the Company from Customers for the Merchant Services. The Merchant agree to settle any Platform Fees that has not been automatically deducted by the Company on a monthly basis. Any pending payments beyond this will incur a penalty fees of 5% per month.
In order to facilitate the provision of Merchant Services between the Merchants and Customers, the Company provides payment facility as a feature on the Platform either directly or through a third party service provider at its sole discretion (“Payment Gateway”).
The Company directly or via the relevant third party service provider shall transfer the amount paid by the Customer using Payment Gateway (after deducting the Platform Fees) in the Merchant’s account, within 2 working days from Customer being in receipt of such Merchant Services.
(B)TERMS APPLICABLE ON CUSTOMERS
The Customer agrees that the prices for Merchant Services reflected on our Platform are being managed, controlled and operated by the applicable Merchant and we do not determine, set forth, or control the prices offered by Merchants in any manner. For certain transactions, the Customer shall bear fees and charges in addition to payment for prices displayed on the Platform. Such additional fees and charges shall be as are appearing on the Platform. The Customer agrees to pay attention to the details of the transactions entered into by them, because the total price for a transaction may include taxes, fees and shipping costs (as the case maybe), which the Customer is responsible for paying. We assume no liability for the accuracy of any pricing, the content of displayed images or any other associated information in relation to Merchant Services displayed by Merchant on our Platform.
The Customer hereby agrees to undertake the sole responsibility towards providing us with the accurate and correct information while registering to our Platform and while using Merchant Services. In an event, where the Customer believes that an information provided has any error or has changed from the original information provided, the Customer shall immediately inform us in writing and forthwith rectify the information. The Customer agrees and confirms that we may review the information provided and undertake any appropriate due diligence. However, we shall not be liable for any loss or damage caused to the Customer due to submission of inaccurate information.
The Customer agrees and understands that the applicable Merchant is solely responsible for the delivery and fulfilment of Your order. You shall not hold the Company liable for any issues owing to quantity and/or quality or for any issues related to the delivery of the Merchant Services.
The Customer shall be solely responsible for providing accurate payment information. You agree that all information that you will provide is accurate, complete and current and that payments means (including but not limited to credit card/debit card/net banking/upi) used by you is lawfully owned by You. You will pay all payment owed, including any applicable taxes for the respective Merchant Service and the Company or the Merchant will not be responsible for any delay or refusal in authorization of payment by Your Bank or financial institution. In case of a delay or refusal of the payment, the Merchant shall have the right to delay or cancel the order of the Merchant Service without any further liability. You hereby agree that We cannot reverse any payment that has been made through our Platform. Your sole recourse for any issues related to payment will be to contact the Merchant for a resolution.
You agree and acknowledge that the Merchant has the sole liability to maintain purity and authenticity, deliver accurate ordered quantity in terms of weight and measurement, content and fitness and associated aspects for the Merchant Services through our Platform. Additionally, the Merchant shall have the sole liability towards raising invoices, providing for any warranty, provide any post sale support and the Company will not have any liability on these account in any manner, whatsoever.
You shall raise any concern that you might have related to Merchant Services that has been transacted through the Platform with the applicable Merchant. The Platform will allow for facilitation of any grievances / complaints associated to any transaction that has been made through it.
The Customer acknowledges and agrees to the effect that in the event he opts/avails for any purchase plan made available by any applicable Merchant, the purchase plan shall govern the terms of such purchase. You hereby agree that your relationship with the applicable Merchant will be governed by the terms of the aforementioned purchase plan. You agree to have carefully read and acknowledge all applicable terms and conditions before entering into any transaction with a Merchant through our Platform.
Please note that Part (C) of these Terms shall apply to the Merchant and as well the Customers.
For accessing and using the Platform You might be required to create a username and password and/or use mobile verification and/or use email verification (together “Login Details”)”. You are responsible for what you do with your Login Details including maintaining the security, safety, and confidentiality. You agree and acknowledge that anybody with Your Login Details will be able to use Your account as You would and perform any actions as You would. You shall immediately notify the Company of any actual or suspected unauthorized use of Your Login Details. You will be solely responsible for any such access and/or losses incurred by You and the Company will have no liability whatsoever in such cases. However, you shall be liable for any losses suffered by the Company or such other parties as the case may be, due to any unauthorized use of Your account.
You acknowledge and confirm to the effect that our role is limited to providing a Platform facilitating all of Merchant Services. We are not to be construed as a marketplace to provide any such services to Customers or Merchants. We are neither acting as a seller of any Merchant Services being offered nor are we responsible for fulfilment of the order in any manner.
You agree that the Company based on internal policies, statutory and regulatory requirements may report any transaction to appropriate authorities in case any transaction is classified as suspicious or fraudulent and We shall not be liable for any loss caused to You for such reporting required under law, even if such transaction is later deemed to be lawful at any stage.
LICENSE TO USE
Company hereby grants you the limited right to access, view and use the Platform only for the purposes of providing or availing the Merchant Services. Any rights not expressly granted to you herein are reserved to Company.
RESTRICTIONS ON USE
You must comply with the laws that apply to you in the location that you access Platform or its services from. If any laws applicable to you restrict or prohibit you from using the Platform or its services you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Platform or its services. You promise that all the information you provide to Company on accessing and/or using the Services is and shall remain true, accurate and complete at all times.
Notwithstanding anything, you are specifically restricted from all of the following:
publishing any Platform material in any other media unless expressly permitted by the Company;
selling, sublicensing and/or otherwise commercializing any Platform material;
publicly performing and/or showing any Platform material without the Company’s prior written consent;
using this Platform in any way that is or may be damaging to this Platform;
using this Platform in any way that impacts user access to this Platform;
using this Platform contrary to applicable laws and regulations, or in any way may cause harm to the Platform, us or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Platform;
duplicating, downloading, reproducing, exploiting or creating any derivative works of the Platform material;
framing or utilizing any framing techniques to capture any trademark, logo, or other proprietary information in any form belonging to the Company without its express written consent;
using this Platform to engage in any advertising or marketing unless expressly permitted by the Company.
Certain areas of this Platform are restricted from being accessed by you and we may further restrict access by you to any areas of this Platform, at any time, in absolute discretion.
ALL SERVICES ARE PROVIDED “AS IS”. NEITHER COMPANY NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT YOUR USE OF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES COMPANY WARRANT THAT IT WILL REVIEW YOUR CONTENT FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN YOUR CONTENT OR ANY DATA WITHOUT LOSS. COMPANY WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF COMPANY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
TO THE EXTENT PERMITTED BY LAW, COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR ANY OTHER LOSS OR DAMAGE RESULTING FROM (I) THE TRANSFER OF DATA OVER PUBLIC COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, OR (II) ANY DELAY OR DELIVERY FAILURE ON THE PART OF ANY OTHER SERVICE PROVIDER NOT CONTRACTED BY COMPANY, AND YOU ACKNOWLEDGE THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. YOU ACKNOWLEDGE THAT COMPANY CANNOT GUARANTEE THE ABSOLUTE PREVENTION OF CYBER-ATTACKS SUCH AS HACKING, SPYWARE, AND VIRUSES. ACCORDINGLY, COMPANY SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED DISCLOSURE, LOSS OR DESTRUCTION OF YOUR CONTENT ARISING FROM SUCH RISKS.
You will indemnify, defend and hold harmless Company from and against any and all claims arising out of or in connection to (a) any content, or any acts or omissions that constitute a breach or alleged breach of any of the provisions or obligations under these Terms or (b) any service or product being offered by You in connection with or related to the Merchant Services. This indemnification obligation is subject to You receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for You to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) at Your expense, all necessary reasonable cooperation of Company to defend a Claim. Notwithstanding the foregoing sentence, Company may participate in the defense of any claim by counsel of its own choosing, at its cost and expense and You will not settle any claim without Company’s prior written consent, unless the settlement fully and unconditionally releases Company and does not require Company to pay any amount, take any action, or admit any liability.
INTELLECTUAL PROPERTY RIGHTS
Other than the content you own, under these Terms, We and/or our licensors/suppliers own all the intellectual property rights and materials contained in this Platform. You acknowledge that You are obtaining only a limited right to the Services and that irrespective of any use of the words “purchase”, “sale” or like terms in these Terms no ownership rights are being conveyed to You under these Terms. You agree that Company or its suppliers retain all right, title and interest (including all intellectual property rights) in and to the Services, and any and all related and underlying technology and documentation and any derivative works, modifications or improvements of any of the foregoing, (collectively, “Company Technology”). Except as expressly set forth under these Terms, no rights in any Company Technology are granted to You. Further, You acknowledge that the Services are offered as an on-line, hosted solution, and that You have no right to obtain a copy of it.
LIMITATION OF LIABILITY
In no event shall the Company, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Platform, whether such liability is under contract. The Company, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Platform.
Notwithstanding anything to the contrary contained under these Terms, applicable laws or equity or otherwise, the liability of the Company including its officers, directors and employees under no circumstances shall exceed the Platform Fees received by the Company with respect to a Merchant Service during the period and/or instance of the related claim.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
VARIATION OF TERMS
The Company is permitted to revise these Terms at any time as it sees fit, and by using this Platform you are expected to review these Terms on a regular basis. The Company shall not be liable to give any prior notice for any amendments to these Terms.
The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Company may remove, restrict, cancel or suspend access to and/or use of the Service and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms. We can take an injunctive relief or any other legal action as deemed necessary considering the circumstances and We shall not be liable for any loss to You owing to termination.
You may also terminate your agreement with Company by ceasing to access the Service, deleting all copies of the Platform or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.
GOVERNING LAW & JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising out of these Terms shall be resolved under the provisions of the Indian Arbitration and Conciliation Act 1996. The arbitration will be conducted by a sole arbitrator appointed by the Company. The language of the arbitration shall be English. The seat of the arbitration shall be Bengaluru. The Company reserves its rights to approach a court of competent jurisdiction located at Bengaluru to enforce any of its legal rights and to obtain any equitable relief.
If You have any questions about these Terms or have any grievance, objection or complaint with respect to the Platform, Platform Services, Users or Company please contact the grievance officer by email at email@example.com