Terms and Conditions

TERMS OF USE - DIGITAL GOLD

PART1

Introduction

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires publishing the rules and regulations, privacy policy and terms of use for access or usage of the platform.

PART I AND PART II OF THESE TERMS OF USE SHALL BE COLLECTIVELY REFERRED TO AS THE ‘TERMS’ AND SHALL ALWAYS BE READ TOGETHER.

DEFINITIONS
For the purpose of these Terms, wherever the context so requires, the term:

• Customer shall mean any individual, who as the counterparty transacts using the Platform for buying Gold (as defined below), taking delivery of Gold and/or selling back the Gold to J K JEWELLERS as outlined in these Terms.
• Gold shall mean 24 karat gold of 99.5% purity, offered to the Customer by J K JEWELLERS under the brand name J K Jewellers Digital Gold
• Gold Account shall mean the account created whether by You or otherwise, in accordance with these Terms.
• Gold Account Information shall mean the information provided by You for the purpose of creation of the Gold Account.
• Customer Request shall mean a Delivery Request, Sale Request or Exchange Request placed by You in relation to the Customer Gold.
• Force Majeure Event ” shall mean any event that is beyond the reasonable control of J K JEWELLERS and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of J K JEWELLERS and which J K JEWELLERS is not able to overcome.
• Person shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity.
• Platform shall mean, and include every point of sale including physical locations like the showroom, any physical place where the purchase can be enabled, the mobile web application, mobile app and website by the name and style of www.J K Jewellerseweller.com, that the Customer accesses for the transactions, including all contents, services and technology offered through the Platform.
• Transfer refers to a facility to transfer Gold from a Gold Account to another Gold Account. In addition to the terms defined in Section 2.1, additional terms used herein shall have the respective meanings assigned thereto in the relevant sections contained hereinafter.

TERMS AND CONDITIONS OF SERVICES BEING PROVIDED BY J K JEWELLERS

• The Gold is being offered for purchase and/or sale by J K JEWELLERS under its brand name J K Jewellers Digital Gold. The Services are being provided by J K JEWELLERS. Any and all of the transactions relating to the Services are being rendered by J K JEWELLERS.
• The Customers are advised to read and understand these Terms carefully before using the Services.
• J K JEWELLERS does not guarantee any returns, on any transactions consummated vis-à-vis the Platform, to any person, either directly or indirectly. The Customer (hereinafter referred to as You, with the term Your being construed accordingly) shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before undertaking any transactions pursuant to these Terms of Use. You further acknowledge and agree that J K JEWELLERS and its officers, directors, employees, agents and affiliates will have no liability for Your purchase or other decisions using the Platform.
• The Services by J K JEWELLERS shall be provided for a term commencing from the date of creation of the Gold Account.
• You understand and acknowledge that the Services are being provided and made available on an “AS IS” and “AS AVAILABLE” basis. 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 Services and the Platform, including without limitation, any costs incurred for the use of Your device and any damage to any equipment, software or data. You confirm that you are not registered under the Goods and Services Tax Act, 2017 and that if, in the course of your relationship with J K JEWELLERS, you become registered under the Goods and Services Tax Act, 2017, you shall inform J K JEWELLERS of your change in status immediately, and provide any relevant information and documents, as may be requested.

Safe Keeping/Vaulting of Gold

• Gold purchased by You corresponding to the Customer Order shall be stored with J K JEWELLERS in a vault on Your behalf..
• You hereby authorize J K JEWELLERS to store such gold products purchased by You, including, but not limited to, bullion, coins or jewellery (as the case may be) in the secured vault on Your behalf (Customer Gold). It is hereby clarified that Your purchase of the gold corresponding to the Customer Order shall be deemed to be completed and title in relation thereto shall be deemed to have been passed upon such relevant portion of the Customer Gold being stored in the vault on Your behalf or upon a final invoice being issued by J K JEWELLERS in accordance with these Terms, subject to applicable laws.
• To ensure that the Customer Gold stored in such vault is adequately protected, necessary insurance policy/ies has been obtained. Pursuant to such insurance policy/ies, for any loss or damage to the Customer Gold stored in the vault, You further authorize J K JEWELLERS to act as Your beneficiary under the insurance policy/ies and to take all steps necessary to protect Your interests. Any lapse in taking of the insurance policy due to any reason whatsoever shall be the responsibility of the Customer and not J K JEWELLERS.
• While J K JEWELLERS 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 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.

FORCE MAJEURE

If performance under these Terms is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or failure of any device used to access the Platform, or any other act whatsoever, whether similar or dissimilar to those referred to in this section, which are beyond the reasonable control of J K JEWELLERS and could not have been prevented by reasonable precautions then J K JEWELLERS shall be discharged from such performance to the extent of and during the period of such force majeure event. Such non-performance by J K JEWELLERS shall, in no manner whosoever, amount to a breach of its obligations herein.

TERMINATION OF SERVICES BY J K JEWELLERS

J K JEWELLERS, in its sole discretion, may modify, suspend, or terminate access to or may require the Platform to modify, suspend, or terminate access to, all or any portion of the Platform or Your ability to access any Services through the Platform at any time for any reason including termination for breach of any of these Terms or the Privacy Policy.

These Terms shall further stand terminated:

• if J K JEWELLERS is adjudged bankrupt or declared insolvent;
• if J K JEWELLERS ceases to carry on its business;
• upon any corporate action (excluding any third party corporate action), legal proceedings or other procedures or steps being taken in relation to the suspension of payments, winding up, dissolution, administration, provisional supervision or reorganization or restructuring (by way of voluntary arrangement, scheme of arrangement or otherwise) of J K JEWELLERS;
• upon J K JEWELLERS commencing a voluntary proceeding under any applicable bankruptcy, insolvency, winding up or other similar applicable law now or hereafter in effect, or consenting to the entry of an order for relief in an involuntary proceeding under any such applicable law, or consenting to the appointment or taking possession by a receiver, liquidator, assignee (or similar official) for the whole or a substantial part of its property or takes any action towards its re-organization, liquidation or dissolution;
• upon an order being made for the winding up, bankruptcy or dissolution of J K JEWELLERS, or an application is admitted for initiating any corporate insolvency resolution process against J K JEWELLERS in accordance with Applicable Law;
• upon any encumbrancer lawfully taking possession, or a liquidator, judicial custodian, receiver, administrative receiver or trustee or any analogous officer having been appointed in respect of the whole or a substantial part of the property of J K JEWELLERS, or an attachment, sequestration, distress or execution (or analogous process) being levied or enforced upon or issued against whole or a substantial part of the assets or property of J K JEWELLERS, or any action has been taken or suffered against J K JEWELLERS towards liquidation or dissolution or similar reorganization; or
• Upon the happening of any of the events referred to in Section 7.2, and where there is any insufficiency of J K JEWELLERS funds required to pay any costs and expenses to be incurred in relation to providing delivery of Your Customer Gold to You, then in such an event You do hereby authorise J K JEWELLERS to sell any part of the Customer Gold, that is necessary or required to defray such costs and expenses.
• Tt is not possible to accurately predict the time required to make any such distribution; and/or
• The amount received by you from such distribution may not be sufficient to completely extinguish J K JEWELLERS’s liability to you; and consequently, no liability shall accrue in relation to the above.
   

CONSEQUENCES OF TERMINATION OF SERVICES BY J K JEWELLERS

Upon such termination for any reason whatsoever:

• Fractional amounts for gold holdings of less than 1 (One) gram may be sold and cash in pursuance thereto will be sent directly to Your bank account, after deducting all the requisite charges relating to appointment of Intermediaries (including but not limited to charges due and payable to Intermediaries and any other out of pocket expenses, custody charges, minting and delivery charges) Charges.
• You acknowledge that the termination of your access to the Platform and Services may be affected without any prior notice, and the Gold Account may be immediately deactivated or deleted and all related information and/or bar any further access to the Gold Account the Platform or the Services. Further, you agree that J K JEWELLERS shall not be liable for any discontinuation or termination of Services by any third party.
• None of Your content shall remain accessible on the Platform upon termination. This information cannot be recovered by you, once the account is terminated.
• The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts of New Delhi shall have exclusive jurisdiction over any disputes arising under these Terms. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be New Delhi, India.

PART – II

CREATION OF GOLD ACCOUNT AND REGISTRATION OBLIGATIONS (Legal and Process validations needed)

• Before availing the Services, the Customer shall complete registration process as may be prescribed from time to time. The Customer shall follow the instructions given in the Platform for opening a Gold Account. J K JEWELLERS shall be entitled to collect and store relevant information and documents provided by the Customer to the Platform for KYC purposes. As and when required by J K JEWELLERS, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize J K JEWELLERS to make such enquiries as may be necessary to satisfy about the validity of your identity. You shall be responsible for the correctness of information provided to J K JEWELLERS from time to time. If You have reasons to believe that there is an error in the information furnished by You, You shall immediately provide correct / updated information.
• J K JEWELLERS reserves the right to terminate any Gold Account, with or without notice to You, in the event the KYC documents / information are found to be incorrect or authenticity of the documents / information is found to be doubtful. You hereby undertake to indemnify and keep indemnified J K JEWELLERS against any and all losses, claims, liabilities costs etc. which arise out of or relating to Your failure to identify Yourself and validate Your account promptly and / or due to incorrect KYC documents / information.

Know Your Customer (KYC) and Verification

• Prior to placing an order, You may be required to provide certain KYC documentation and other information as may be required by J K JEWELLERS in such form and manner as it may deem fit.
• Once such documentation and other information is provided by You to J K JEWELLERS, You shall be entitled to place an order on the Platform (Customer Order).
• You agree that Your continued use of the Platform, consequent upon the creation of the Gold Account, is subject to verification by J K JEWELLERS, of the information and documentation provided by You. You hereby grant J K JEWELLERS permission to conduct such verification, in such form and manner as it may deem fit.
• You further acknowledge that J K JEWELLERS reserves the right for such verification either on registration of the Gold Account or at any time thereafter.

Customer’s Obligations

• You will be responsible for maintaining the confidentiality of the Gold Account Information, and shall be fully responsible for all activities that occur under the Gold Account. You agree to immediately notify J K JEWELLERS of any unauthorised use of the Gold Account Information or any other breach of security. J K JEWELLERS cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by J K JEWELLERS or any user or visitor of the Platform due to authorised or unauthorised use of the Gold Account, as a result of your failure in keeping the Gold Account Information confidential.
• You shall ensure that the Gold Account Information provided by You in the registration form is complete, accurate and up-to-date. Use of another Customer’s account information for availing of any of the Services and/or for use of the Platform is expressly prohibited.
• You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if J K JEWELLERS has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms, J K JEWELLERS shall have the right to indefinitely suspend or terminate or block access to the Gold Account on the Platform and refuse to provide You with access to the Platform.

PURCHASE OF GOLD

• You can offer to buy Gold worth Rs.100.00 (Rupees Hundred Only) and above incremental value thereof at the market linked prices of gold shown / displayed on / at the Platform. Market linked prices means that these quotes are linked to the prices of gold in the commercial bullion market in India.
• It is hereby clarified that such market linked prices of gold shall constitute fully binding offers and would be an invitation to offer to purchase gold at the said market prices to all Customers. Notwithstanding the foregoing, You understand that these prices may vary multiple times within a day, and accordingly Your payment obligations for any order will depend on the market linked prices then prevailing. While reasonable efforts will be made to offer You a competitive price for the Customer Gold, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market.
• upon any corporate action (excluding any third party corporate action), legal proceedings or other procedures or steps being taken in relation to the suspension of payments, winding up, dissolution, administration, provisional supervision or reorganization or restructuring (by way of voluntary arrangement, scheme of arrangement or otherwise) of J K JEWELLERS;
• Payment will be accepted through the payment options made available on the Platform, which may include payment at the place of sale and redirection to a Payment Gateway hosted by other third party website or platform, including by J K JEWELLERS. At the time of purchase / fulfilment / sale-back / transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations. It is hereby clarified that once a Customer Order is placed, You are not entitled to cancel a Customer Order, provided however that a Customer Order shall stand cancelled if the online payment fails for any reason whatsoever.
• J K JEWELLERS reserves the right to cancel a Customer Order, at its sole discretion, if your information, provided prior to placing the Customer Order, is not found acceptable and J K JEWELLERS is of the opinion that you are not eligible to purchase gold. The Gold Account shall accordingly stand amended. J K JEWELLERS shall have the right to freeze the Gold Account until it receives KYC and other documentation in a form and manner satisfactory to J K JEWELLERS.
• Once the payments are received by J K JEWELLERS and the KYC information is found acceptable, J K JEWELLERS 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, J K JEWELLERS shall be entitled to accept or reject a Customer Order, for any reason whatsoever, at its sole discretion.
• In case of rejection of a Customer Order in accordance with these Terms, where payments have been received by J K JEWELLERS, such payments shall be returned to you to the bank account linked to your account, subject to the terms and conditions indicated on the Platform.

DELIVERY OF GOLD

• This Platform offers Services for Customers who wish to procure delivery of the Customer Gold in accordance with these Terms.
• You shall be entitled to procure delivery of the Customer Gold using the Platform (Delivery Request).
• Upon placing the Delivery Request, You shall be required to pay for the applicable charges and confirm the Delivery Request. Your Gold Account shall be provisionally debited corresponding to the quantity of the Customer Gold sought to be delivered (Delivered Customer Gold).
• Within a period of 7 (Seven) business days of the Delivery Request being confirmed or such further period as may be required by J K JEWELLERS, J K JEWELLERS shall arrange for delivery of the Delivered Customer Gold at the shipping address indicated by You. You shall be solely responsible for ensuring that the correct address is furnished by You on the Platform for processing such Delivery Request. You shall not be entitled to change the shipping address after the Delivery Request is processed by J K JEWELLERS.
• You should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with. If, however, You are of the view that the package delivered has been tampered with, You shall be required to intimate J K JEWELLERS immediately of the same, and provide such other information as may be required by J K JEWELLERS in this regard (Return Request). Within a period of 14 (Fourteen) business days of the original package of Delivered Customer Gold being delivered back to J K JEWELLERS, in a manner indicated by J K JEWELLERS, and the Return Request being approved by J K JEWELLERS, J K JEWELLERS shall arrange for re-delivery of the Delivered Customer Gold at the shipping address indicated by You. The costs for such shipping shall be borne by J K JEWELLERS. However, in the event of frivolous and unjustified Return Requests made by You, J K JEWELLERS reserve the right to take all action available to it, including black-listing or blocking You from using the Services on the Platform.
• You, upon signing the delivery receipt, acknowledge the receipt of the Delivered Customer Gold in terms of the Delivery Request placed with J K JEWELLERS. J K JEWELLERS shall not be liable to You for any refund/replacement, under any circumstance, for any subsequent complaints with respect to such deliveries and/or any failure on your part (as the case may be) to comply with these Terms.
• Notwithstanding anything to the contrary contained in these Terms, J K JEWELLERS shall be entitled to accept or reject a Customer Order, for any reason whatsoever, at its sole discretion.
• Upon receipt of the Delivery Request by J K JEWELLERS, the Gold Account shall be debited for the Delivered Customer Gold from the Gold Account.
• It shall be Your responsibility to ensure that You are available to receive the Delivered Customer Gold at the time of delivery. If You are not available at the time of delivery, J K JEWELLERS courier agent may try and deliver the item again before returning the same to J K JEWELLERS. In case of return of the Delivered Customer Gold to J K JEWELLERS, Gold Account shall be credited for the Delivered Customer Gold, after deducting the charges (if any) due from You, provided however that J K JEWELLERS is of the opinion that the packaging has not been tampered with. It is hereby clarified that should a request for re-delivery be made by You, You shall be solely liable to incur the applicable charges for delivering the Delivered Customer Gold.
• In case of J K JEWELLERS’s inability to make deliveries of Delivered Customer Gold due to a Force Majeure Event, J K JEWELLERS shall intimate You of the same and may require that the deliveries be effectuated through specific modes. In such a case, You hereby agree to bear any additional costs and fees necessary for the delivery to be complete.
• J K JEWELLERS will not be able to deliver a fractional quantity of gold below such threshold as J K JEWELLERS shall notify for this purpose even if a Customer Request is made for such fractional quantity (Threshold Quantity). You are advised to check the Platform periodically to determine the Threshold Quantity as the same may be revised from time to time. In the event that any Gold below the Threshold Quantity is to be delivered to you, then please note that such Customer Gold shall instead be sold by J K JEWELLERS based on the sale prices displayed on the Platform and You will instead receive the applicable sale proceeds in Your bank account, details of which are provided by You. If there is any mistake in the account number provided by You, J K JEWELLERS would not be held responsible for the same.
• Notwithstanding anything to the contrary contained in these Terms, J K JEWELLERS shall be entitled to reject a Customer Request which is not in compliance with the Terms hereof, and shall intimate the Customer of the reasons for the same.
• Based on the changes made to the Gold Account (in lieu of the Customer Orders and/or Customer Requests), if You are of the opinion that the changes made thereto do not tally with the orders and/or Customer Requests placed by You, You may contact Customer Care at 1800-120-1434 (or such other address as may be communicated in this regard), who shall accordingly take all necessary actions for taking care of any such identified discrepancies.
• It is hereby clarified that the Customer Gold cannot be pledged or transferred by You to any other user, and the Gold Account is non-transferrable, unless specifically allowed by J K JEWELLERS. In the event of Your death, if specifically allowed by J K JEWELLERS, the title to such Customer Gold lying in the vault and the Gold Account shall transfer to Your legal heirs only after the required due diligence has been conducted. Subsequent to this, Your legal heir(s) shall be regarded as the Customer for the purpose of the Customer Gold and Gold Account thereafter and the Terms shall be applicable to Your legal heir(s).
• It is hereby clarified that the Platform displays the articles that are available for shopping. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. J K JEWELLERS shall not be liable for any legal action on this account.
• Due to reasons not directly attributable to J K JEWELLERS, data may be inaccurately displayed on the Platform due to some system errors on the Platform or any device used to access the Platform. J K JEWELLERS reserves the right to correct any and all errors when they do occur, at its sole discretion, and J K JEWELLERS shall be entitled to not honour any requests/orders placed by You based on any inaccurate or erroneous prices.
• The prices quoted on the Platform are fixed and not negotiable. The prices on the Platform are also subject to change without notice to You.

SELL THE CUSTOMER GOLD

• You may be provided an option to sell the Customer Gold during market hours based on the sale prices on the Platform. If the prices are found acceptable to You, You shall confirm the sale request, in a form and manner acceptable to J K JEWELLERS (“Sale Request”). Your Gold Account shall be debited corresponding to the quantity of the Customer Gold sought to be sold vide the Sale Request (Sold Customer Gold).
• Within a period of 2 (Two) business days of the Sale Request being confirmed or such further period as may be required, the payment, pursuant to the Sale Request, shall be disbursed by J K JEWELLERS at the sale prices indicated at the time of placing such Sale Request. J K JEWELLERS shall arrange for such payments to be made to Your bank account, details of which are provided by You. If there is any mistake in the account number, IFSC code etc. provided by You, J K JEWELLERS would not be held responsible for the same.
• It is hereby clarified that J K JEWELLERS will provide this service on a best efforts basis and only when the commercial bullion market is in operation. J K JEWELLERS do not in any way guarantee that this option will be available to You at all times. Further, the buyer of the Sold Customer Gold may be either J K JEWELLERS or another party (being interested in buying the Sold Customer Gold). J K JEWELLERS shall not be held liable for any actions of such third-party purchaser.
• You will be provided with free storage for your Customer Gold for such period as more particularly stipulated by J K JEWELLERS 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, J K JEWELLERS 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, J K JEWELLERS is not able to deduct the storage charges because Your gold balance is too low, then J K JEWELLERS shall be entitled to sell such portion of Your Customer Gold stored in the vault that is necessary or required to recover the unpaid storage charges in question.
• While reasonable efforts will be made to offer You a competitive price for the Customer Gold, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market.
• You may make a maximum of 3 (three) Sale Requests in a span of 24 (twenty four) hours.
• USE OF THE PLATFORM AND SERVICES
  • You acknowledge that the Services are for Your personal use and agree not to publish the gold prices or descriptions of gold and/or any other information displayed on the Platform (in lieu of Your access to the Platform) on any other medium. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
  • Subject to these Terms and the Privacy Policy, You hereby grant to J K JEWELLERS a non-exclusive, worldwide, royalty-free right to (a) collect, store and transmit Your data, in each case solely to the extent necessary to provide the Services to You, and (b) share Your data or interact with other people, to distribute and publicly perform and display Your data as You direct or enable through the Services. You will provide Your consent to J K JEWELLERS as may be required under applicable law for the use and/or sharing of any data generated by You when purchasing Gold or otherwise using the Platform for any services related to the purchasing of the Gold in such manner as JK JEWELLER may stipulate in this regard. Your data will continue to be governed by confidentiality obligations outlined in Section 21.
  • You represent and warrant that: (i) You have obtained all necessary rights, releases and permissions to provide all Your data to J K JEWELLERS and to grant the rights granted to J K JEWELLERS in these Terms and (ii) Your data and its transfer to and use by J K JEWELLERS as authorized by You under these Terms do not violate any laws or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under these Terms and the Privacy Policy, J K JEWELLERS assume no responsibility or liability for Your data, and You shall be solely responsible for Your data and the consequences of using, disclosing, storing, or transmitting it.
  • J K JEWELLERS shall not be held liable for any loss of data, technical or otherwise, information, or for particulars supplied by You, due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of a Force Majeure Event.
  • J K JEWELLERS shall have the sole discretion to determine the locations and pin codes it may want to serve.
  • The provision of Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. J K JEWELLERS strives to keep the Services up and running; however, all online services suffer occasional disruptions and outages. J K JEWELLERS are not liable for any disruption or loss You may suffer as a result.
  • J K JEWELLERS may discontinue some or all of the Services, including certain features and the support for certain devices and platforms, at any time.

SUSPENSION / CLOSURE OF GOLD ACCOUNT

• J K JEWELLERS may, at its discretion, suspend Gold Account of Customers, if there appears to be a fraudulent or suspicious activity in the account. If J K JEWELLERS is of the opinion that You are involved in any unlawful activity or the Gold Account is used for any unlawful purpose by you or any third party, J K JEWELLERS shall have the right to take all actions available to it, including black-listing or blocking You from using the Services on its Platform or blocking Your access to the Services through the Platform or intimating the relevant authorities of such unlawful activities.
• J K JEWELLERS shall not be held liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / issue in Platform and / or acts / omission not attributable to it.
• You shall inform immediately, in any case no later than 7 (seven) days of the transaction, of any irregularities or discrepancies that may exist in Your Gold Account, failing which it shall be deemed that there is no error or discrepancy in the account. All records maintained by J K JEWELLERS, in electronic or documentary form of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Terms, shall as against the Customer, be deemed to be conclusive evidence of such instructions.

FEES

• You hereby agree that You shall be liable for all fees and charges associated with the use of the Platform and Services. Further, details of the fees payable (including, but not limited to the terms pertaining to such fees and the quantum thereof), has been set out on the Platform. Please note that the fees and charges may be revised from time to time and it would be Your responsibility to view the Platform to check the then current fees and charges payable.
• It is hereby clarified that fees and charges, once paid, are non-refundable.
• All payments made for the use of the Platform and/or purchase of Customer Gold by You shall be compulsorily in Indian Rupees.
• While availing any of the payment method/s available on the Platform for availing the Services, J K JEWELLERS shall not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
• Lack of authorization for any transaction(s), or
• Exceeding the preset limit mutually agreed by You and between bank/s and/or other institutions used by you in making payment, or
• Any payment issues arising out of the transaction, or
• Rejection of transaction for any other reason(s) whatsoever.
• J K JEWELLERS may temporarily/permanently suspend/terminate the Gold Account or refuse access in case of non-payment of fees due by You. Without limitation to the other rights and remedies available to J K JEWELLERS, it also reserves the right to take legal action

MEMBER ELIGIBILITY

Use of the Platform and/or the Services is available only to Persons who can enter into legally binding contracts under the Indian Contract Act, 1872 and to Persons resident in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform or the Services. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform in relation to or for any Services. J K JEWELLERS reserves the right to terminate any Person’s membership and/or refuse to provide such Person with access to the Platform and/or any Services if it is brought to J K JEWELLERS’s notice or if it is discovered that such Person is not eligible to use the Platform and/or any Service.

ABSENCE OF RELATIONSHIP

• You represent and warrant to J K JEWELLERS that you have sufficient experience and knowledge to make informed decisions to purchase / sell Gold. You acknowledge that you have not relied on any information made available either by J K JEWELLERS and that J K JEWELLERS is not making any recommendation with respect to such purchases / sale-back of Gold. No relationship other than seller-purchaser, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between you and J K JEWELLERS.
   
• You acknowledge that J K JEWELLERS is not providing / dealing in / offering any investment product and does not offer any guarantee / assured returns. You further acknowledge that value of Gold may vary depending on various factors and forces.

ELECTRONIC ORDER RISKS

• Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of J K JEWELLERS. Therefore, J K JEWELLERS shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities (including in any device used to connect to the Platform), or to any other cause beyond J K JEWELLERS’s control or anticipation.

FEEDBACK

• The Platform may allow You to post Your review and experience of using the Platform (Reviews) in order to improve the Platform and the user experience.
• You, being the originator of the Reviews, are responsible for the Reviews that You upload, post, publish, transmit or otherwise makes available on the Platform. You represent that all such Reviews will be in accordance with applicable law. You acknowledge that J K JEWELLERS does not endorse any Reviews on the Platform and is not responsible or liable for any Reviews. J K JEWELLERS reserves the right to disable access to the Reviews on the Platform.
• You hereby grant J K JEWELLERS a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Reviews in any manner as deemed appropriate by J K JEWELLERS in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by J K JEWELLERS.
• You further represent and warrant that while posting any Reviews on the Platform You shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, You shall not post any content on any part of the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986.

CONFIDENTIALITY

As elaborated under the Privacy Policy, J K JEWELLERS will keep all confidential information confidential, including Your personal information, and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. J K JEWELLERS acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. J K JEWELLERS shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with