Welcome to Swarnakund ("Website"). This Website is owned and managed by SwarnaKart India Pvt Ltd. This page (read in conjunction with the documents referred to on it) details the terms and conditions ("Terms") on which the products and/or services ("Products") listed on the Website are governed. Please read these Terms carefully before using the Website. You understand that by using the Website, you are deemed to have accepted these Terms, regardless of how you subscribe to or use the services of the Website. These Terms of Service and various other policies are binding under relevant provisions of the Information Technology Act of 2000. In these Terms, references to "you", "User", "Your" shall mean the merchant using this Website to display or advertise their products or designs of their products connected to gold ornaments or jewelry involving the use of gold, platinum, diamond or silver in association with various other stones or metals ("Jewelry") who are accessing the Website, its contents and using the Services offered through the Website. "We", "Us", "Our" and "Swarnakund" shall mean SwarnaKart India Private Limited and its affiliates.
You choose a password and account designation during the Website's registration process. You are responsible for maintaining the confidentiality of the password and account. You agree to immediately notify Swarnakund of any unauthorized use / breach of your password or account and
ensure that you exit from your account at the end of each session. Swarnakund cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Swarnakund provides a number of Internet-based services through the Website (all such services, collectively, the "Service"). One such Service enables Users to advertise original Jewelry that you have designed, or have authority to. The Products can be advertised through the Website through various methods of payments offered.
You will be allowed to advertise 16 items in the Website free of cost. The Items refers to products advertised in the Website with their particular deigns. The term Item does not refer to a class of product like bangles, chains etc, but refers to the actual product put up on display or advertised.
The said items will be on display (search engine results and merchant home page) for a period of 3 months after which you can repost the product or with new products for a further period of 3 months. The old items might be still stored in the data Base (can access with direct URL if known or stored by end customers or users) but will not show up in the search results or at merchant home page.
You will not be allowed to change the item after publishing. Items can be deleted but they might be still stored in the data base and they will not show up in the search results and merchant home page.
If you opt for the Premium Listing, then you will be allowed to post more than 16 items, maximum number of items depends on the type of your premium membership.
The Website only serves as a platform for you to display or advertise your products and designs to your prospective customers. Your customers can access your contact details as you may choose to display in the Website and they will get in touch with you. Neither the Website nor SwarnaKart India Private Limited is responsible for the delivery of the products or guarantee for payment, or placing of purchase orders. Any sale and purchase transaction pursuant to the advertisement in the Website is solely between you and your prospective customers/purchasers.
You further agree that neither the Website nor SwarnaKart India Private Limited guarantees safeguards or protection of copyrights of your product designs nor assumes any liability for any kind of infringement by the users of this website or at the hands of your prospective customers.
Your customers who may contact you pursuant to viewing you and your products on this Website whether or not they actually transact business with you, will have the option to rate you on a scale of 5 (stars) and also be entitled to write reviews on you or your products. Every effort will be made by the Website and Swarnakund to verify the genuineness of the persons writing the reviews, to ensure that only actual persons who have visited this Website and contacted you have the option to write a review. However SwarnaKart India Private Limited and its affiliates assume no liability for any actions or damages arising out of wrong or malicious reviews.
Swarnakund reserves the right to remove you or your products from the website if you or your products have been rated below 5 (stars) or have received a very poor rating by 51% of your customers for a period of 45 days preceding the date on which data is analyzed for this purpose. For the purpose of this clause "customers" mean persons who have viewed your contact details.
In addition, these Terms may be further supplemented by Product specific conditions, which may be displayed with that Product.
1. Correspondence Information. Following are the various Correspondence Information which You provide when You access/ register for Our Service includes:
Children under the age of 18: The services under the Website is not directed towards children under 18, they are not allowed to register with or use the service, or provide personal data. If we discover that we have collected personal information from a child under 18, we will delete that information immediately. Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.
Financial Information: Credit/ Debit card details including card number and expiry date is transacted in an encrypted form along with details for net banking services and Wallet services. Please be advised that Swarnakund ensures the highest degree of data security, while encrypting as per the guidelines specified by Payment Cards Industry Data Security Standard (PCI DSS).
Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers. However, your transactions details may be preserved by Swarnakund for purposes of tax or regulatory compliance. Transactional Information: Order ID, transactional history (other than banking details) about your e-commerce activities on our Website.
User IDs: Your usernames, passwords, email addresses and other security-related information used by you in relation to our Services.
Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc.
Shared Information: What types of information are not allowed on Swarnakund Website? Nudity or other sexually suggestive content Hate speech, credible threats or direct attacks on an individual or group Content that contains self-harm or excessive violence Fake or impostor profiles Spam
2. Technical and functional management of the Website. When you use our Website, we also process technical data such as your IP-address, Device ID or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the Website, resolve technical difficulties, and provide you with the correct (prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content) and most up to date version of the Website.
3. Operational Use. We may use your information for suggesting products and promotional offers and schemes. You may update your profiling information at any time on the Website. You acknowledge and agree that such update is for Your interests and for improving personalization and service efficiency of the Website. Note: You acknowledge that, we will only disclose your information in an aggregated form which is not capable of being used or interpreted in such a manner as to identify you.
4. Applicable law and procedure. We collect and store your Correspondence Information to: (a) comply with our obligations under law; and (b) monitor your use of our Services in order to ensure your compliance with our Terms of Service. Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Website is at your own risk. We recommend that you do not disclose your password to anyone.
6. Third Party. At times We may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, Your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and We shall not be liable for the use or misuse of Your information by such third parties. We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it.
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
3. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;
4. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
5. conduct or forward surveys, contests, pyramid schemes or chain letters;
6. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
7. violate any applicable laws or regulations for the time being in force in or outside India;
8. imitate, abuse, harass, any user using the Website; and
9. violate, abuse, unethically manipulate or exploit, any of the Terms for the use of Website.
We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including 'viewing user generated content' and/or 'videos' and 'posting comments'. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Website, you accept and consent to the practices described in these 'Terms of Service' and 'Privacy Policies', as well as any other terms of prescribed by the Website. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these 'Terms of Service' of the Website.
You may or may not be able to mention the price for your products on the Website. The Website is a mobile platform that enables you to advertise Products listed on the Website at the price indicated therein at any time. However, Our Website does not guarantee payment of that price. All orders made pursuant to the advertisement made in the Website, shall be made directly between your customers and you, and the same is outside the control of this Website and as such SwarnaKart India Private Limited assume no liability whatsoever on or in connection with such orders.
It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service.
Swarnakund has endeavored to ensure that all the information on the Website is correct, but Swarnakund neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service. In no event shall Swarnakund be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of a user's transmissions or data; (c) cancellation of any orders (c) Infringement of your copyrights on any products and copying of the designs of your products (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Swarnakund shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website. The User understands and agrees that any material and/or data downloaded at Website is done entirely at the Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. Swarnakund shall not be liable for any dispute or disagreement between Users or between you and your customer.
You agree to indemnify, defend and hold harmless SwarnaKart India Private Limited from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Swarnakund that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
1. Swarnakund may suspend or terminate your use of the Website or any Service 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 of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Swarnakund chooses to terminate them.
2. If You or Swarnakund terminates your use of the Website or any Service, Swarnakund may delete any content or other materials relating to your use of the Service and Swarnakund will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Swarnakund for purposes of tax or regulatory compliance.
3. You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.
4. Either party shall have the right to cease/terminate the relationship by giving you a prior twenty four (24) hours written notice. If Swarnakund unilaterally terminates Your account without any reason then any applicable cash back or wallet amount (if any) shall be refunded to You.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Hyderabad.