India’s Most Trusted Digital Platform for Gold & Silver & Platinum & Diamond.
These terms and conditions (“Terms”) govern your access to the website https://vyrajewellers.in/ including its mobile application (“Platform”), operated by Freekart Megamall India Private Limited (“Vyra Jewellers”, “We”, “Us”).
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF SAFE GOLD (AS AVAILABLE AT https://vyrajewellers.in/terms-conditions), YOU MAY NOT USE THE PLATFORM AND SHOULD NOT PROCEED TO CREATE ANY ACCOUNTS OR ACQUIRE ANY SUBSCRIPTIONS TO THE PLATFORM. BY USING THE PLATFORM, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ALL AMENDMENTS MADE HERETO FROM TIME TO TIME.
This is an electronic record in terms of the Information Technology Act, 2022 and the rules made thereunder, and does not require any physical or digital signatures. This is being published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
The Platform is an online portal that facilitates the Users to purchase/sale/transfer gold in digital form from a brand named ‘Safe Gold’ (“Gold”) operated and managed by Digital Gold India Private Limited (“Safe Gold”), a company incorporated under the laws of India with corporate identification number U74999MH2017PTC293205, and Safe Gold provides for purchase and sale of Gold, and providing services of safe keeping, vaulting, delivery and fulfilment of gold and related services (“Services”).
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY IS ONLY A DISTRIBUTOR THAT FACILITATES USERS TO BUY GOLD FROM SAFE GOLD. YOU UNDERSTAND THAT BY REGISTERING TO THE PLATFORM AND/OR ACCESSING SERVICES DIRECTLY OR INDIRECTLY FROM THE PLATFORM, YOU ONLY RECEIVE THE ABILITY TO USE THE PLATFORM FOR PURCHASE OF GOLD FROM SAFE GOLD OR SUCH OTHER PRODUCTS OFFERED BY US FROM TIME TO TIME. WE SHALL NOT INCUR ANY LIABILITY IN RELATION TO ANY DISPUTE RELATING THAT ARISES IN RELATION TO PURCHASE OF GOLD OR SERVICES OFFERED BY SAFE GOLD.
YOU EXPRESSLY AGREE THAT WE ARE NOT RESPONSIBLE FOR CUSTODY, QUANTITY AND QUALITY OF PHYSICAL GOLD THAT YOU PURCHASE THROUGH THE PLATFORM AND HENCE WE SHALL NOT BE LIABLE IN CASE OF ANY DISPUTE THAT ARISES IN RELATION TO CUSTODY OF PHYSICAL GOLD WITH THE CUSTODIAN AND TRUSTEESHIP WITH THE TRUSTEE ADMINISTRATOR.
You understand that the Gold is being offered for purchase by Safe Gold, and the User can also sell the Gold through Safe Gold. As per the terms and conditions of Safe Gold (available at https://vyrajewellers.in/terms-conditions), the Gold purchased by You will be accounted in a customer account maintained by Safe Gold and the corresponding quantity of gold in physical form will be stored with Brinks India Private Limited (“Custodian”). In order to safeguard Your interest, Safe Gold has also appointed a trustee (“Trustee Administrator”), and You agree to the appointment of such Trustee Administrator and the Custodian, and also accede to the terms for such arrangement with the Trustee Administrator (being the Trustee Administrator agreement). The Trustee Administrator shall be responsible for monitoring the physical gold held on Your behalf with the Custodian.
Please read these Terms and Conditions and privacy policy (available at https://vyrajewellers.in/privacy-policy) carefully before registering on the Platform or accessing any material and/or information through the Platform. The Company retains an unconditional right to modify or amend this Terms and Conditions without any requirement to notify You of the same. You can determine when this Terms and Conditions was last modified by referring to the ‘Last Updated’ legend above. It shall be your responsibility to check this Terms and Conditions periodically for changes. Your continued use of the Platform shall indicate an acceptance of the amended Terms and Conditions, and shall signify Your consent to the changes to the Terms and Conditions and the intention to be legally bound by the amended Terms and Conditions.
By using the Services, you represent and warrant that you are above the 18 years of age and qualified to enter into a legally binding contract, enforceable under Indian law, including the Indian Contract Act, 1872. If you are not eligible to enter into any contract, then please discontinue use of the Platform and leave now. If you are the parent or guardian of a child under 18 years of age, by registering/by creating an account or profile on the Platform, you provide your consent to your child’s registration and you agree to be bound by these Terms and Conditions in respect of their use of our Platform.
The Services are available to only those who have subscribed to the Platform by registering and creating account with Us. You can register to the Platform by providing your personal information including name, age, gender and registered mobile number. The registration will be validated by sending one time password (OTP) to registered mobile number. We may also ask You for certain financial information, including Your billing address, bank account details, credit card number, expiration date and/or other payment related details or other payment method data, and debit instructions or other standing instructions to process payments for the Platform Services (as defined below). The Company may also ask You to provide certain additional information about Yourself on a case-to-case basis. If there is any change in the account information, You shall promptly update Your account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its sole and absolute discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You. By registering on the Platform, you agree to (a) provide correct details when prompted on the Platform and failure to do so may invalidate your request to use Services; (b) authorise the Platformand the Company to retain the information shared by You for the purpose of using the Platform and/oraccessing the Services and for any marketing campaign undertaken by the Company and/or third-party service providers; and (c) by giving Your details, You agree to abide by the Terms and Conditions and the privacy policy. Also, by registering, you agree that you will not allow others to use Your account and that you are fully responsible for all activities that occur under Your username. We may assume that any communications we receive under Your account have been made by You. By providing such personal information, You consent to receive all information, communication and instructions relating to the Platform, the Services offered by the Platform and/or third-party service providers, and for availing special offers and promotional benefits. You shall solely be responsible for the appropriate use of the same. You shall immediately notify the Company of any unauthorized use /breach of your password or account and ensure that You exit from Your account at the end of each session. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole and absolute discretion. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these Terms and Conditions. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
You can purchase Gold on the Platform on a pre-payment basis i.e., once you place the order and confirms the transaction for purchase of Gold, and agree to the Terms and Conditions (“Customer Order”), the Platform will notify Safe Gold. Once the payments are received by Safe Gold and the KYC information is found acceptable, Safe Gold shall issue an invoice to You confirming the Customer Order placed within a period of 3 (three) business days of placing such order, in a manner it may deem fit. Notwithstanding anything to the contrary contained in these Terms and Conditions, Company and/or Safe Gold shall be entitled to accept or reject the User, for any reason whatsoever, at its sole and exclusive discretion. Once the Customer Order is placed, You are not entitled to cancel such a Customer Order, provided however that such Customer Order shall stand cancelled if the payment fails for any reason whatsoever. The Platform and/or Safe Gold reserves the right to cancel the Customer Order, at its sole discretion, if Your information, provided prior to placing the Customer Order, is not found acceptable and the Platform and/or Safe Gold are of the opinion that You are not eligible to purchase Gold from Safe Gold. In case of rejection of any of Your Customer Order, where payments have been received by the /Safe Gold, such payments shall be returned to You in accordance with these Terms and Conditions or the terms and conditions of Safe Gold, as applicable. The quantity of Gold purchased by You shall be stored with the Custodian in a vault on Your behalf.You hereby authorize Safe Gold to store such physical gold products purchased by You pursuant to the Customer Order, including, but not limited to, bullion, coins or jewellery (as the case may be) in the secured vault maintained by the Custodian on Your behalf (“Customer Gold”). It is hereby clarified that Your purchase of the physical gold corresponding to the Your Customer Order shall be deemed to be completed and title in relation thereto shall be deemed to have been passed to You upon such relevant portion of the Customer Gold being stored in the vault with the Custodian on Your behalf in accordance with the terms and conditions of Safe Gold, subject to applicable laws. You will be provided with free storage for your Customer Gold for 5 years, or for such period as more particularly stipulated by Safe Gold in this regard from time to time at its sole discretion and notified to Customers on the Platform (“Free Storage Period”). After the expiry of the Free Storage Period, Safe Gold shall be entitled to levy storage charges for such Customer Gold at such rate as would be specified on the Platform, and which may be revised from time to time. The charges would be levied by deducting the gold balance at the end of each month by a percentage amount at the specified rate. You are advised to periodically check the Platform to understand these storage charges. In the event, Safe Gold is not able to deduct the storage charges because Your gold balance is too low, then Safe Gold shall be entitled to sell such portion of Your Customer Gold stored with the Custodian that is necessary or required to recover the unpaid storage charges in question. To ensure that the Customer Gold stored in such vault is adequately protected, necessary insurance policy/ies has been obtained by the Custodian, with the cost of the insurance and the insurance premia is borne by the Custodian. Pursuant to such insurance policy/ies, for any loss or damage to the Customer Gold stored in the vault, You authorize the Trustee Administrator to act as Your beneficiary under the insurance policy/ies and to take all steps necessary to protect Your interests. While the Custodian has taken the necessary insurance policy/ies, in case of occurrence of an event not covered in such insurance policy/ies, the Customer Gold may be at risk. The insurance policy/ies obtained by the Custodian are in line with the global industry practices and cover losses due to fire, lightning, theft, cyclone, earthquake, flood, etc. but do not cover losses due to events such as war, revolution, derelict weapons of war, nuclear radiation, etc. In the event of any expenses or charges remaining payable to the Custodian, the Trustee Administrator or such other person appointed by Safe Gold as an intermediary, or otherwise till actual delivery or fulfilment of any of Your Customer Orders for any reason, including where Safe Gold is unable to service such requests due to any event of default, thereby adversely effecting or jeopardizing the fulfilment of Your Customer Orders, then the Trustee Administrator will be entitled to sell part of theCustomer Gold and satisfy such outstanding expenses or charges as required in accordance with these Terms and Conditions read with the Trustee Administrator agreement. The sums due to You and/or gold to be delivered (as the case may be), after settling the aforementioned charges, would be dealt with in accordance with these Terms and Conditions read with the Trustee Administrator agreement.
Except where noted otherwise, the price displayed on the Platform, represents the market linked price of Gold as indicated by Safe Gold. Market linked prices means that these quotes are linked to the prices of gold in the commercial bullion market in India. However, it does not indicate that the gold prices displayed on the Platform will always be same as that of the prevalent prices displayed in other commercial bullion market. As a purchaser, it is your responsibility to compare the prices and take appropriate decisions after adequate diligence Notwithstanding the foregoing, you understand that these prices may vary multiple times within a day, and accordingly Your payment obligations for any Customer Order will depend on the prices displayed at the relevant time. Payment policy: Payment will be accepted through the payment options made available on the Platform, which may include redirection to a payment gateways and aggregators hosted by third-partywebsite or applications including UPI payments like Phone Pe – https://www.phonepe.com/, Paytm –https://paytm.com/. At the time of purchase, fulfilment sale and/or transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations. However, please note that the payment terms, delivery, warranty and cancellation and refund policy are subject to the terms and conditions of Safe Gold which can be accessed at https://vyrajewellers.in/terms-conditions. The transactions on the Platform with will be completed only after successful transfer of money to safe Gold’s bank account, either from Your registered bank account or from the escrow account maintained by the Company. Please note that the corresponding gold quantity will be credited to Your Account maintained with Safe Gold, within 5 (five) business days from the date of successful transfer of such amount. Please look at Safe Gold Terms and conditions accessed at https://vyrajewellers.in/terms-conditions and understand fully the terms of custodian and trusteeship arrangement before making the investment. Any rewards ("Rewards") displayed from time to time on the Platform, including the Reward structure and disbursal of any and all Reward amounts, are subject to change at any time in accordance with Company policy. The Company reserves the right to revoke, withdraw, or modify any Rewards at any time and at its sole discretion. Unclaimed Rewards shall expire after 90 days from the date of credit of such Rewards.
For the purposes of making delivery to You, You are required to provide a valid address and/or any other documents/information/ biometric identification that may be specified in this regard by Company and Safe Gold on the Platform from time to time. You are required to take delivery of Your Customer Gold within such maximum period as shall be specified for this purpose by Safe Gold from time to time on the Platform (“Maximum Storage Period”). In the event that no valid address has been provided by You during the Maximum Storage Period, then Platform and/ Safe Gold shall for a period 1 (one) year commencing from the date of expiry of Maximum Storage Period (such period being the “Grace Period”) attempt at least once to contact You using the contact information provided by You to obtain either (i) an address to which You would require the gold in question to be delivered or (ii) Your bank account details into which sale proceeds of the Customer Gold shall be deposited. In the event that Platform and/or Safe Gold has not been able to contact You during the applicable Grace Period using the contact information provided by You or where You shall during the Grace Period either fail to take delivery of the physical gold in question for any reason whosoever (including where You shall not have provided any address to take delivery of such physical gold); or provide the details for a valid bank account into which the proceeds of any sale of such Customer Gold is to be deposited; then upon expiry of the applicable Grace Period for the Customer Gold in question, Safe Gold shall be entitled to purchase such Customer Gold with the purchase price being the applicable prevailing price displayed on the Platform for purchase of Gold from Customers. The purchase proceeds realized from such sale of Gold on Safe Gold’s platform (“Final Sale Proceeds”) after deducting any amounts payable to Safe Gold as storage charges after the free storage period, shall be deposited into a bank account operated by the Trustee Administrator who shall be the sole signatory to such bank account. In the event that You shall during a period of 3 (three) years commencing from the date of expiry of the applicable Grace Period (such period being the “Final Claim Period”) notify either the Platform, Safe Gold and/or the Trustee Administrator that You are claiming the applicable Final Sale Proceeds, the Trustee Administrator shall issue suitable instructions to transfer the Final Sale Proceeds to such bank account as You shall notify for this purpose. Please note that to claim the Final Sale Proceeds You will be required to provide details of a valid bank account and that the Final Sale Proceeds will not be transferred in the absence of such details. At no time will the Final Sale Proceeds be paid to You in cash. In the event that You shall not claim Your Final Sale Proceeds within the Final Claim Period, then the Final Sale Proceeds shall be transferred to the Prime Minister’s Relief Fund or such other fund as You may designate for this purpose at any time prior to the expiry of the Grace Period.
On use of any coupon or discounts, as made available by us on the Platform or any other website or platform of any authorised third party, for purchase of Gold, the same shall be verified and adjusted, as may be necessary, within 7 (seven) days of use of such coupon or discount. Upon confirmation of the payment, You shall be permitted to withdraw the monies after 24 (twenty-four) hours of investment, and there is no minimum lock-in period. Once the payment has been confirmed, the same shall be binding on You and cannot be cancelled. You can opt out of auto investing on the Platform by undertaking the following actions: Tap on 'Locker' in the bottom right corner on the mobile application. Go to 'Settings' by tapping on the icon on the top right corner on the mobile application. Scroll down and find ‘AutoPay’ under transactions and withdrawals on the mobile application. Disable AutoPay by tapping on the toggle on the mobile application. You can also pause their roundup detection and savings for a defined period of time. You can find theoption of pausing Your saving for 10 (ten) days to 1 (one) month in the settings of the mobile application.
Please note, once an order for purchase or sale has been confirmed by the customer, refunds or cancellation is not possible. All orders are final upon customer confirmation Deliveries are made only to the registered address of the customer. Please keep proof of identity ready at the time of delivery as it may be required for verification by the courier partner. If no one is available at the registered address to take delivery, delivery will be attempted at least once more after which the package will be returned to the vault and the customer's balance will be credited back with the corresponding grams of gold. Shipping charges will be payable again as and when the customer asks for delivery. Customers are required to verify that the package they are accepting has not been tampered with and is of acceptable quality. Once delivery has been taken by the customer, returns and refunds are not possible. All of our products are 100% certified and there should never be any problems with quality. In the unlikely event of any issues, feel free to contact us, we will investigate the matter to resolve any concerns or issues. You can email us at voc@Vyragold.com. We assure you that your request will be addressed on priority.
While accessing our Platform, You shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Platform from time to time. You shall not make any change or alteration to the Platform or any Content or Services that may appear on this Platform or on Safe Gold and shall not impair in any way the integrity or operation of the Platform. You shall always act in accordance with extant laws, customs and in good faith. You further represent and warrant that: Payment for purchase of Services is made from Your bank account (primary holder’s bank account in case of Investment Account held jointly), and the same is from legitimate sources and remitted through approved banking channels; Before making the investment purchase, You shall seek independent financial planning, legal, accounting, tax or other professional advice, if required; You have read the offer documents of Safe Gold (including its terms and conditions accessed at https://vyrajewellers.in/terms-conditions) and its schemes and have made an informed independent investment decision before investing; and You will not sell, trade, or otherwise transfer Your registered account to another party or impersonating any other person for the purposing of creating an account with the Platform. You agree and acknowledge and confirm that You solely, and to the exclusion of the Company, are liable for all liabilities that may arise on acts of omission or commission attributable to You, including but not limited to acts such as making inputs pertaining to UPI details, phone number or email addresses, bank account details, addresses, etc. Without limiting the generality of any other provision of these Terms and Conditions, if you commit any default in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to the Platform, Company, our partners or licensors.
The Platform and all information, content, materials, products including, but not limited to text, content, photographs, graphics, texts, video and audio content and computer code (“Content”) on the Platform is owned and controlled by the Company and the design, structure, selection and feel and arrangement of the Content is protected by copyright, patent and trademark laws and other applicable intellectual property rights either in the favour of the Company or third parties from whom the appropriate permissions have been taken under applicable laws by the Company. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company and its affiliates or other respective third parties, as the case may be. You are not permitted to use the Marks without the express prior written consent of the Company or the third party that owns the Marks, as the case may be. Further, You understand and accept that all information, except Your personal information and other data submitted by You for the purposes of transacting on the Platform, through the Platform shall be deemed the property of the Company, and the Company shall be free to use any ideas, concepts, know-how or techniques provided by You on the Platform, in any manner whatsoever. On initiating a contact or query through the Platform, You agree to be contacted by the Company or any other entities with whom the Company has entered into an arrangement for the provisions of Services to You.
The Content on this Platform is for your general information and use only and does not amount to any isnvestment advice. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and Content are provided by the Company on an “as is” basis without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. The Platform may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from Your device and/or any device used by You to connect to the Platform as well as from peripherals (including, without limitation, servers and computers) connected to any of the above-mentioned devices. You assume all risks and costs associated with Your use of the Platform and accessing the Platform Services and Services, including without limitation, any costs incurred for the use of Your device and any damage to any equipment, software or data. Further, without limiting the foregoing, the Company makes no warranty that (i) the Platform or Platform Services will meet Your requirements, or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the results obtained from the use of the Platform will be effective, accurate or reliable; (iii) any errors or defects in the Platform will be corrected by the Company. No advice or information, whether oral or written, obtained by You from the Company shall create any warranty not expressly stated in these Terms and Conditions. The Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other applicable laws. The Company will not incur any liability with respect to the misuse, loss, modification or unavailability of any user Content. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data. You acknowledge that the software and hardware underlying the Platform as well as other software which are required for accessing the Platform are the legal property of the respective vendors. The permission given by the Company to access the Platform will not convey any proprietary or ownership rights in the above software/hardware to You. You agree and acknowledge that you are not registered under the Goods and Services Tax Act, 2017.
You agree to indemnify the Company, its affiliates, their respective directors, officers and employees from any losses, damages, penalties, claims, costs and demands (including reasonable attorney fees and legal costs) arising out of breach or non-performance and/or non-observance of the duties and obligations, representations, warranties and covenants under the Terms and Conditions or due to Your acts or omissions. You further agree to hold the Company its affiliates, their respective directors, officers and employees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms and Conditions, or Your violation of any rights of another, including any intellectual property rights. In no event shall the Company, its affiliates, their respective directors, officers, partners, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform. The Company and Safe Gold do not guarantee any returns on any transaction consummated with respect to the Services to You, either directly or indirectly. You shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before undertaking any transactions pursuant to these Terms and Conditions. You further acknowledge and agree that the Company, Safe Gold and their respective officers, directors, employees, agents and affiliates will have no liability for Your purchase or other decisions using the Platform. 13. LIMITATION IN PLATFORM SERVICES Please note that Platform Services are not available in all geographical areas and depending on Your location, You may not be eligible to avail certain Platform Services offered by the Company. The Company reserve the absolute right to determine the availability and eligibility for any of the Platform Service offered on the Platform.
The Company is not responsible for the availability of Content or other services on third party sites linked from the Platform and the Company urges You to read the terms of use of the respective third- party sites, before accessing or registering with any of such third-party sites. Further, the Company does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non- infringement with respect to any information or services or products that are available or advertised or sold through these third-party websites.
The Company shall not be liable for failure or error of any transaction on the Platform or for any failure on part of the Company to perform any of its obligations under these Terms and Conditions if performance is prevented, hindered or delayed by a Force Majeure event (as defined below) and in such case its obligations under these Terms and Conditions shall be suspended for so long as the Force Majeure event continues. The term “Force Majeure Event” means any event which occurred and is beyond the control of the Company, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, pandemic, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
The Terms and Conditions will continue to apply until terminated by either You or the Company for reasons set forth below. If You object to the Terms and Conditions or are dissatisfied with the Platform, Your only recourse is to (i) close Your registered account on the Platform; and/or (ii) stop accessing the Platform. In case you violate these Terms and Conditions and/ or any applicable law, the Company may, at any time and in its sole discretion, terminate Your Account and/or prevent You from accessing the Platform and the Platform Services. The Company may delist You or block Your future access to the Platform or suspend or terminate your registered account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms and Conditions. Notwithstanding anything in this clause, these Terms and Conditions will survive indefinitely unless and until the Company chooses to terminate or modify them. If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your and the Company shall have no liability to You or any third party for doing so. However, Your transactions details may be preserved by the Company for purposes of tax or regulatory compliance. The Company may modify or amend these Terms and Conditions at any time.
The Terms of Use shall be governed and construed in accordance with the laws of India without reference to conflict of laws principles.
With respect to any dispute regarding the Platform, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and subject to thisClause 17, the courts at Bangalore, India shall have exclusive jurisdiction to deal with such disputes. To the fullest extent permitted by applicable law, any dispute, differences or claim arising out of your visit to this Platform, shall be referred to and finally resolved by mediation and in accordance with the dispute resolution provisions under Indian Consumer Protection Act, 2019. Please review our other policies, including privacy policy (accessed at https://vyrajewellers.in/privacy-policy), posted on the Platform. These policies also govern your visit to the Platform. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time without any notice to You.
You hereby expressly agree to receive communication (including transactional messages) or by way of SMS and/or e-mail or through What Sapp from the Company or any third party in connection with the Platform Services or Your registration on the Platform. You can unsubscribe/ opt-out from receiving communications through e-mail anytime by writing to vyrajewelindia@gmail.com
We are committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any User concerns through our Grievance cell. All Grievances related to the use of Platform shall be addressed to Mr. Dhivagaran (Grievance Officer). Please write us on vyrajewelindia@gmail.com . The Grievance Officer will get back to the User within 48 hours of the receipt of any complaint from You. Every grievance will be provided with a complaint or ticket number which can used to track the status of the grievance. Redressal or closure of a grievance might take approximately one month from the date of receipt of complaint. However, if you are dissatisfied with our grievance redressal mechanism, the dispute will be resolve through mediation in accordance with Consumer Protection Act, 2019 and as provided in Clause 17 hereinabove.
Notice: All notices from the Company will be served by email to your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms and Conditions should be sent tovyrajewelindia@gmail.com. Assignment: You cannot assign or otherwise transfer the Terms and Conditions, or any rights granted hereunder to any third party. The Company’s rights under the Terms and Conditions are freely transferable by the Company to any third party without your consent. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms and Conditions, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms and Condition shall continue in full force and effect. Waiver: Any failure by the Company to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver by the Company of that provision or right.
* Vyra Gold reserves the right to modify or cancel entries in the competition
Freekart Megamall India Private Limited and/or Vyra Gold Retail Company. Registered Office address: No. 423 /2, Sri Sugam Complex, Bhavani Main Road, Asokapu, Erode TamilNadu, India-638004 Tel: +91-9003353445, Email: vyrajewelindia@gmail.com Vyra Jewelry | Terms and Conditions Please read these Terms and Conditions (“T&C’s”) before using the Website. By accessing or signing up to our website and/or services you have read understood and hereby agree to be bound by these T&Cs and Privacy Policy (which is hereby incorporated by reference herein). If you do not agree to be bound by these T&Cs and Privacy Policy you must not access or use our Website and/or services. You should review the Privacy Policy and T&Cs periodically for any modifications or changes.
1.1.This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended from time to time. This document is generated by a computer system and does not require any physical signatures. 1.2.For the purpose of these T&Cs wherever the context so requires, “You”, “Your”, “Yours” or “Customer” shall mean any natural or legal person who has agreed to become a user of the Platform (as defined below) by accessing or using the Platform. If You are using the Services (as defined below) or the Platform on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so. 1.3.Unless the context otherwise requires, “Vyra” , “We”, “us”, “our” or “Company” shall mean “Vyra Jewellers”, which is owned and operated by FreeKart Megamall India Private Limited, a company incorporated under the laws of India and its registered office at No. 423 /2, Sri Sugam Complex, Bhavani Main Road, Asokapu, Erode TamilNadu, India-638004 or any of its licensees, whether now or in the future. 1.4.The Company operates a platform for selling jewelry ( “Platform Services”). The customer ( “Customers”) can browse and purchase jewelry on the Platform. The Customers can redeem their savings from them Vyra Gold App. Vyra also offers the autopay feature on the Platform that simplifies savings by automating daily/monthly/periodic contributions via unified payment interface ( “UPI”) and payment modes also. 1.5.Use of the Platform and the Services provided are subject to the rules and regulations, policies, notices, terms, and conditions set forth or mentioned on the https://vyrajewellers.in/ (“Website”) and the mobile application available on the Play Store – Vyra i.e. (“App”) is collectively hereinafter referred to as the ( “Platform”). 1.6.As a User, the T&C shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean Your affirmative action on entering information as requested on the sign-up page or simply by accessing or visiting the Platform. If You do not agree or are not willing to be bound by the T&Cs and our Policies (published on the website), please do not enter information as requested on the sign-up page and click the “Accept” button, or do not seek to obtain access to, view, visit, download or otherwise use the Platform (or any of its components/constituents) or any information or Services. 1.7.By impliedly or expressly accepting these T&Cs, You also accept and agree to be bound by applicable policies of the Company including the Privacy Policy and Shipping Policy as published on the Platform (“Policies”) communicated to the Users by publication on the Platform. Vyra and Customer shall collectively be referred to as , “Parties” and individually as “Party”. 2.DEFINITIONS 2.1.Whenever used in these T&Cs with initial letters capitalized, the following terms will have the following specified meaning: a)“Affiliate” shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of the Company. The term “Control” is used in the sense of the possession by a person or a group of persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise. A Person or a group of persons acting in concert shall be deemed to be in control of a body corporate if such Person or group of Persons is in a position to appoint or appoints the majority of the directors of such body corporate. b)“Authority” shall mean any union, national, state, local, or other governmental, statutory, administrative, judicial, regulatory, or self-regulating authority, agency, or instrumentality having jurisdiction over the relevant matter. c)“Grievance Redressal Officer” means the grievance redressal officer appointed by the Company in accordance with applicable law, from time to time. d)“Information” means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of the Platform or at the time of registration with the Platform, or through any email/messaging feature and shall include without limitation Your name, sex, age, email address, mailing address, phone number (if provided) or such other personal information. e)“Internal Service Provider” shall mean logistics or any back end service providers of the Platform appointed by the Company that will provide various services that the Company may require in order to run operations of the Platform, for example, to facilitate or outsource one or more aspects of the business, product and service operations provided on the Platform, including search technology, manufacturing, shipping, payments, affiliate and rewards programs, maintenance services, database management, etc. f)“Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, approval, statutory directive, guideline, requirement or other governmental restriction, or any decision of, or determination, interpretation or policy, having the force of law, by or of any court of law or any governmental authority including any entity exercising executive, legislative, regulatory or administrative functions having jurisdiction over the matter in question, in effect at the relevant time, in any applicable jurisdiction. g)“Losses” shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, penalties, judgments, amounts paid in settlement, expenses, etc. including reasonable attorneys’ fees and including any interest thereon. h)“Pay Facility” means the automated electronic payment or collection and remittance facility provided by the Company to the Customers to facilitate payments on the Platform directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment. i)“Person” shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, Hindu undivided family, trust, society, limited liability partnership, or proprietorship, whether incorporated or not. j)“Services” shall mean the services rendered by the Platform as may be specifically notified by Vyra on the Platform or by other means of communication from time to time, in accordance with the applicable law. k)“User(s)” shall mean a user of the Platform. 3.INTELLECTUAL PROPERTY 3.1.We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to the user interface, layout format, ideas, design, structure, expression, and any content thereof. 3.2.You recognize that the Company is the registered owner of the word mark ‘Vyra’ and the logo .including but not limited to its variants (“IPR”) and You shall not directly or indirectly, challenge or assist another in challenging the validity of, or Company’s or its Affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If You become aware or acquire knowledge of any infringement of IPR, You shall report the same at vyrajewelindia@gmail.com with all relevant information. 3.3.We respect the intellectual property rights of others. If you notice any act of infringement on the Platform, you are requested to send us a written notice/intimation at support@Vyragoldgold.com.com which must include the following information: 3.4.You may print off one copy and may download extracts of any page(s) from the Platform for Your personal reference and You may draw the attention of others within Your organization to material available on the Platform. (i)clear identification of such copyrighted work that you claim has been infringed; (ii)location of the material on the Platform, including but not limited to the link of the infringing material; (iii)the proof that the alleged copyrighted work is owned by you; and (iv)contact information. 3.5.You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. 3.6.You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors. 3.7.If You print off, copy or download any part of the Platform in breach of these T&Cs, Your right to use the Platform will cease immediately and You must, return or destroy any copies of the materials You have made. 3.8.You may download information presented on the Platform at Your sole risk, and without any express or implied warranty from us in relation to such information, provided that: (i)such information is used solely for personal purposes and not for any commercial purposes whatsoever; (ii)no alterations or modifications of any kind are made to such information; (iii)no further statements and warranties shall be made with regard to such information or documents containing such information for or on our behalf; (iv)no statements and/or notifications indicating our ownership of and other legal rights and interests in relation to such information shall be removed, in part or in full; (v)such information is not reproduced, republished, transmitted, displayed, posted or distributed in any form or by any means; and (vi)any unauthorized use of the information will be in violation of the applicable Law including intellectual property rights. 4.DISCLAIMERS 4.1.The Platform may be under constant upgrades, and some functions and features may not be fully operational. 4.2.Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the Platform. As a result, we do not represent that the information posted is correct in every case. 4.3.We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards on the Platform. 4.4.Vyra Gold disclaims all liability that may arise due to any violation of any applicable Laws including the Law applicable to products and services offered by any third party. 4.5.While the materials provided on the Platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations, or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. In no event shall we be liable to You or any third party for any decision made, or action taken in reliance on such information. 4.6.You agree that use of the Platform is entirely at your own risk. The information provided hereunder is provided “as is”, without any warranties of any kind. We and/or our employees make no warranty or representation, express or implied, regarding the timeliness, content, sequence, accuracy, fitness for a particular purpose, security, freedom from viruses, effectiveness, or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgment of Users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, Affiliates, business partners and employees from any kind of professional liability. 4.7.You agree that use of the Platform is entirely at your own risk. The information provided hereunder is provided “as is”, without any warranties of any kind. We and/or our employees make no warranty or representation, express or implied, regarding the timeliness, content, sequence, accuracy, fitness for a particular purpose, security, freedom from viruses, effectiveness, or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgment of Users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, Affiliates, business partners and employees from any kind of professional liability. 4.8.In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential, or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages. 4.9.We reserve the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform, for any reason whatsoever; (b) to modify or change the Platform, or any portion of the Platform, and any applicable policies or terms; or (c) to interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non- routine maintenance, error correction, or other changes. 4.10.Vyra assumes no liability or responsibility for any (i) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (ii) any interruption or cessation of transmission to or from our Platform, (iii) any bugs, viruses, trojan horses and/or the like which may be transmitted to or through our Platform by any third party, or (iv) any loss or damage to content or data (whether stored through the site and/or service or otherwise), or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Platform. Vyra does not warrant, endorse, guarantee or assume responsibility for any product, service or opportunity offered by a third party through the Platform. 4.11.For as long as Vyra continues to offer the Platform, Vyra shall provide and seek to update, improve and expand the Platform. As a result, we allow you to access the Platform as it may exist and be available on any given day and we have no other obligations, except as expressly stated in these T&Cs. 5.ELIGIBILITY 5.1.The User must possess the legal authority to enter into an agreement so as to become a User and use the services of Vyra. In order to use the Platform, You need to be 18 (eighteen) years of age or older. The Platform may only be used or accessed by such persons who can enter into and perform legally binding contracts under Indian Contract Act, 1872. 5.2.The Company shall not be liable in case of any false information is provided by the User including the User’s age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable Law of the country to which the User belongs. 5.3.The Company disclaims all liability arising out of such unauthorized use of the Platform and any third-party liability arising out of Your use of the Platform if You are a minor. 5.4.Before using the Platform, procuring the services of Vyra, the Users shall compulsorily read and understand these T&Cs, and shall be deemed to have accepted these T&Cs as a binding document that governs User’s dealings and transactions with Vyra. If the User does not agree with any part of these T&Cs, then the User must not avail Vyra’s services. 5.5.All rights and liabilities of the User and Vyra with respect to any services or product facilitated by Vyra shall be restricted to the scope of these T&Cs. 6.USER INFORMATION 6.1.You agree to provide true, accurate, up-to-date, and complete information while signing up on the Platform or for any other purpose when prompted or requested to do so on the Platform. 6.2.Certain information You provide on the Platform in Your profile may reveal, or allow others to identify different aspects and more generally about You. You are expressly and voluntarily accepting the terms of the T&Cs and supplying all such information by You on the Platform, including all information deemed “personal” or “sensitive” by applicable Laws, is entirely voluntary on Your part. 6.3.For the use of our Services, You may be required to use certain devices, software, and third-party applications including but not limited to WhatsApp, and data connections, which we otherwise do not supply. For as long as You use our Services, You consent to downloading and installing updates to our Services, including automatically, downloading and installing such updates, and shall be bound by the terms & conditions of the respective third-party application/s. 6.4.You are responsible for all carrier data plans and other fees and taxes associated with Your use of our Services. 6.5.The Company shall not be responsible in any manner whatsoever for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or to any other person acting on behalf of the Company. 6.6.You are prohibited from misrepresenting Your identity and agree not to represent Yourself as another User or login/register using the identity of any other person. You are responsible to maintain and promptly update the information provided while signing up or verifying or for any other purpose on the Platform to ensure that the information provided by You is true, accurate, current, complete, and not misleading at all times. 6.7.If You provide any information that is untrue, inaccurate, misleading, not current or incomplete or the Company has reasonable grounds to believe that such information is untrue, inaccurate, misleading, not current or incomplete, or not in accordance with the T&Cs, the Company reserves the right to indefinitely block Your use or access to the Platform in any manner whatsoever. Should any other User or Person act upon such untrue, inaccurate, not current, or incomplete information provided or verified by You, the Company, and its Personnel shall not be liable for any damages, losses, direct, indirect, immediate or remote, interests or claims resulting from such information to You or to any third party. You hereby agree and undertake to indemnify and to hold harmless the Company, and its personnel in accordance with the Indemnity clause contained in these T&Cs. 6.8.DND communication: You will be required to provide a valid phone number at the time of using the service through the platform. By registering the phone number with us, You give consent to be contacted by us via phone call. 7.ELECTRONIC COMMUNICATION 7.1.You agree to keep Yourself updated with all data, information, and communication pertaining to You made available on the Platform by the Company. You further agree that Your use of the Platform or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and You consent to receive communication from the Company via electronic documents including emails and/or SMS, voice call etc. which will be deemed adequate for service of notice/ electronic record. The User hereby unconditionally consents that such communications via SMS, voice call, email or any other mode by Vyra are: (i)upon the request and authorization of the User; (ii)‘transactional’ and not an ‘unsolicited commercial communication’ in compliance of the local laws, and (iii)in compliance with the relevant guidelines framed by the Telecommunications Regulatory Authority (TRA) or such other relevant authority in the relevant jurisdiction. 7.2.The User will indemnify against all types of losses and damages incurred by Vyra due to any action taken by the Telecommunications Regulatory Authority of India (TRAI) or such other relevant authority in the relevant jurisdiction, access providers or any other local authority due to any erroneous complaint raised by the User on Vyra with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever. 7.3.The User also understands that they will always have an option of withdrawing the consent as set out above. The User will have an unconditional right to opt out of receiving messages and email including but not limited to communications that are of marketing in nature by simply writing to Vyra on vyrajewelindia@gmail.com or by amending the notification settings in User’s account profile settings. 7.4.We may need to provide You with certain communications/notifications via voice calls and/or text messages and/or WhatsApp, such as service announcements, promotional schemes and administrative messages. These communications are considered part of the Services and Your Account, and You may not be able to opt-out from receiving them. If You added Your phone number to Your account and You later change or deactivate that phone number, You must update Your account information to help prevent us from communicating with anyone who acquires Your old number. 8.GENERAL TERMS 8.1.All commercial/contractual terms being offered by us and agreed by You with respect to products and services being offered by us. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period, and mode of delivery, warranties related to products and services, and after-sales services related to products and services. 8.2.The Customer agrees and acknowledges that on the Platform all Product(s) are offered only at the sole discretion of Company a restricted time and only for the available supply/till stock lasts. Prices on the Platform are subjected to change without any prior notice, as the prices are calculated using current prices of precious metals and gems. 8.3.Vyra also reserves the right to put a limit on the number of items purchased or orders placed through the Platform. In addition, Vyra 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 the Platform. Additionally, the Company also reserves the right to put a condition that each order placed by the Customer on this Platform must be above a certain minimum monetary value in terms of Indian Rupees. 8.4.The Company neither makes any representation or warranty as to specifics (such as quality, value, sale ability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. 8.5.In relation to the products being sold, for raising any consumer complaint in relation to the products or any other grievances, You may visit the ‘Contact Us’ section of our website where the contact details of our grievance redressal officer are published for raising any grievances. 9.USER OBLIGATIONS 9.1.You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by the T&Cs, or to solicit the performance of any illegal activity or other activity that infringes the rights of the Company and/or others. 9.2.You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable Laws; and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, general sales tax, central excise, custom duty, local levies) regarding Your use of our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. 9.3.You confirm that You shall not transfer Your account and shall not assign any rights and obligations under the T&Cs to any third party without the specific prior written permission of the Company. 10.WEBSITE 10.1.The Website is meant to be used by bonafide User(s) for lawful use. 10.2.User shall not distribute exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. 10.3.The T&Cs grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in these T&Cs. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever. 10.4.Vyra reserves the right to periodically make improvements or changes to its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website, which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to India. On receiving such report, Vyra reserves the right to investigate and/or take such action as the Company may deem appropriate. 11.SECURITY AND ACCOUNT RELATED INFORMATION 11.1.User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User’s end. 11.2.Vyra adopts the best industry standard to secure the information as provided by the User. However, Vyra cannot guarantee that there will never be any security breach of its systems which may have an impact on User’s information too. 11.3.The data of the User as available with Vyra may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User. 12.PAYMENT 12.1.We use third party service providers or payment gateway(s) for processing the payments made in relation to the purchase of products offered to Customers. 12.2.The Pay Facility may support payments through credit/debit cards from the banks that are available while selecting the Pay Facility as the payment method or by cash. The Pay Facility may support payments through UPI and mobile wallet payment options. However, payment mechanisms may be added or removed or suspended through any one or more banks directly or through any payment gateway facilitators and such change shall come into effect upon the same being published on such third-party service provider’s website. 12.3.The Pay Facility shall be made available to the Customers to make payment easier. In case wrong bank account details are used by the Customer, the Company shall not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, You could contact us at support@shopVyra.com , however, the Company shall not be liable for transaction failure or payment issues. You assume sole responsibility for all risks associated with transfer of money or payments, whether or not such transfer or payments are done through the use of a third-party payment gateway. All disputes regarding delayed payments or failed payments must be resolved by You, and the third-party payment gateway directly. 12.4.You acknowledge and agree that You shall not use the details of credit card/debit card/net- banking or any other payment instrument which is not lawfully owned by You. 12.5.Compliance with Laws: Customer shall comply with all the applicable Laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using the payment facility. 13.LIMITATION OF LIABILITY 13.1.In no event shall the Company or its personnel or its suppliers, service providers and internal service providers be liable for any direct, 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 (in any manner whatsoever) out of or in connection with the Platform, the Pay Facility, services provided by internal service providers on behalf of the Platform or the Company or any other services. 14.WARRANTY 14.1.The Customer hereby assumes the sole risk of making use of or relying on the information, materials and services relating to the products available on the Platform. The Company 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 the Platform for any purpose. 14.2.All products described or contained in the Platform 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. 15.INDEMNITY FOR NON-COMPLIANCE OR BREACH 15.1.You shall indemnify and hold harmless the Company and the Company’s parent, subsidiaries, its personnel, affiliates, internal service providers and their respective officers, shareholders, directors, agents, and employees, from and against any and all Losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys’ fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of the T&Cs or resulting from untrue, inaccurate, misleading not current or incomplete information provided or verified by You. 16.CONSENT AND PRIVACY POLICY 16.1.By using the Platform and/or by providing Your Information, You consent to the collection and use of such Information disclosed by You on the Platform and on the Pay Facility (if applicable), by the Company. The personal information / data including but not limited to the information provided by You to the Platform /Pay Facility (if applicable) during the course of You being a registered User shall be retained in accordance with the Privacy Policy published on the Platform from time to time which is incorporated herein by reference and applicable Laws including but not limited to Information Technology Act, 2000 and rules there under. If You do not agree to Your information being transferred or used in this way, please do not use the Platform. Please read our Privacy Policy carefully which is available on our Platform. 17.CHANGES IN TERMS & CONDITIONS OR PRIVACY POLICY 17.1.The Company reserves the right to modify the Platform and/or alter these T&Cs and/or Policies at any time and retains the right to deny access at any time including the termination of membership and deletion of the account, to anyone who the Company believes has violated the provisions of the T&Cs. 17.2.You are advised that any amendment to the T&Cs incorporated herein by reference will only be notified on the Platform on publicly accessible links and You agree by accessing, browsing or using the Platform that such publication shall immediately constitute sufficient notice for all purposes against You. The revised version/ terms shall be effective from the time that the Company publishes the same on the Platform. 17.3.The Company shall not be liable to give any prior notice to the Users of any amendments to the T&Cs, which in the opinion of the Company, has the effect of diminishing the User’s existing rights or imposing additional obligations. You understand and hereby accept that the decision, whether any proposed amendments to the T&Cs have the effect of diminishing the User’s existing rights or imposing additional obligations on the User, shall be decided by the Company in its sole discretion. 18.ELIGIBILITY 18.1.In case of any grievance, objection or complaint on Your part with respect to the Platform, any issue pertaining to transactions, other Users or the Company, including any complaints or enquiry about suspension, termination or blocking of Your membership or right to use the Platform, You should promptly raise such grievance or complaint with the designated Grievance Officer contact@shopVyra.com and provide the Grievance Officer with all necessary information and/or documents to enable the Company/Grievance Officer to try and resolve the issue. For each grievance lodged by a User, the Company will issue a ticket number for each complaint lodged through which such User can track the status of the complaint. 18.2.The Grievance Officer shall attempt to acknowledge your grievances/ complaints within 48 (forty-eight) hours of receiving it. The Grievance Officer may requisition such information as he may require in order to look into the grievances/ complaints for resolving the same. The Grievance Officer shall attempt to resolve the grievance/ complaint within 1 (one) month of having received it. You acknowledge that in the event you fail to provide the information sought by the Grievance Officer to look into your complaint, the Grievance Officer shall not be able to proceed with your grievance/ complaint, and as such, the grievance/ complaint may remain unresolved. By agreeing to the T&Cs herein, you hereby consent and authorize the Grievance Officer to contact you on the basis of the information provided by you, for the purposes of the grievance/ complaint. 19.CONFIDENTIALITY 19.1.All communications between the You and the Company and all confidential information given to or received by You from the Company, and all information concerning the business transactions of the Company with any entity or person with whom it may or may not have a confidentiality obligation with regard to the matter in question, shall be kept confidential by You (whether or not such information or data has been marked as confidential) unless specifically permitted to the contrary in writing to the Company. 19.2.This confidentiality obligation shall survive the termination of these T&Cs with and the User account of the concerned User. 20.ADDRESS COLLECTION VIA OTP VERIFICATION 20.1.To enhance your shopping experience, we may request your address through a pop-up on our website. This address will be securely fetched upon successful OTP verification using the third-party tool, Shiprocket. By providing your address, you consent to the use of this process. 21.COUPON USAGE POLICY 21.1.Coupons cannot be combined or clubbed with other ongoing offers or discounts. Each coupon can only be applied independently and is subject to its specific terms and conditions. Please check the offer details for eligibility and validity before use. 22.DELIVERY 22.1.The 5-day delivery option is currently only eligible for some selected SKUs. 22.2.This option is subject to change based on stock availability, location, and other unforeseen conditions. 22.3.While we strive to meet the 5-day delivery for certain items, we aim to deliver all orders within 7-10 working days.
For any queries related to Terms & Conditions, please contact:
Company: Freekart Megamall India Pvt Ltd
Email: vyrajewelindia@gmail.com
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