Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended 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.
1. USER AGREEMENT
a. This User Agreement contains rules and regulations, policies, terms & conditions and agreement applicable to any person who may access or use www.goldesmiths.com, including any subdomains, webpages or extension of www.goldesmiths.com. You hereby agree and acknowledge to be bound by the terms of this User Agreement.
b. The use of www.goldesmiths.com and the services provided are subject to the rules and regulations, policies, notices, terms & conditions set forth in this User Agreement. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of Goldesmiths by accessing or browsing the Website and/or has registered as a member of www.goldesmiths.com by submitting identification information/ registration details using the computer system of www.goldesmiths.com and accepting the electronic record of the User Agreement, has obtained a unique username along and a secret alpha-numerical key (password) for using the Website.
a. Saeyon Innovations LLP (Henceforth referred to as "Goldesmiths") reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who Goldesmiths believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and You agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against You. The revised version/ terms shall be effective from the time that Goldesmiths posts the same on the Website. [In the event, that the User Agreement includes a substantial change, Goldesmiths will provide 30 days' prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to Goldesmiths. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces Your rights or increases Your responsibilities.]
a. Payment on Billing shall mean a Transaction where the payment for the items purchased is paid through the (i) Goldesmiths authorised Payment Gateway Facility or (ii) the buyer (if permitted by the relevant seller) has opted to deposit the Transaction Price in the bank account of Goldesmiths by way of cash, cheque, demand draft or any other mode of payment and such payment of the Transaction Price is credited to the bank account of Goldesmiths within  days of booking the Transaction.
b. Payment on Delivery shall mean a Transaction where the payment for the items is collected from the buyer by the Logistics Partner at the time of delivering the goods. In this case, the buyer shall only make payment in cash and no other mode of payment will be accepted. However, this facility is available only in limited cities in India and Goldesmiths in its sole discretion and without notice, reserves the right to add or withdraw the cities in which such option may be available. This facility shall not be available for delivery of items outside India. Further, no item can be bought for full amount of Payment on Delivery. (a) in case of the price of the item bought by the buyer, being less than Rs. 10,000/- : Complete payment has to be Payment on Billing; (ii) in case of the price of the item bought by the buyer, being Rs. 10,001/- to Rs. 25,000/-: at least 50% of the total payment has to be Payment on Billing; and (iii) in case of the price of the item bought by the buyer, being Rs. 25,001/- to Rs. 2,00,000/-: at least 20% of the total payment has to be Payment on Billing;
c. Delivery / Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by Goldesmiths) by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on the Website.
d. In Transit/ Dispatched all mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by Goldesmiths) have been dispatched by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on the Website.
e. Dispatch Details means the true, accurate and valid data, information, details or documents as specified by Goldesmiths from time to time, which the seller/ Logistics Partner is obligated to provide to Goldesmiths as proof that the item has been Dispatched and/or Delivered, as the case maybe.
f. Information means and shall include any confidential and/or personally identifiable information or other information provided to Goldesmiths or other Users of Goldesmiths at the time of registration, buying or listing process or through any email feature and shall include without limitation Your name, email address, billing/shipping address, phone number and banking / financial information.
g. Issuing Bank in respect of a buyer, means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank which maintains a valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price.
h. Logistics Partner shall mean reputable logistics and courier company(s) preferred and approved by Goldesmiths that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services.
i. Transaction means every electronically generated valid purchase order placed by the buyer for purchasing the items listed by the seller on the Website.
j. Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the seller.
k. Valid Card means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of refund, if any.
l. Valid Bank Account shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/ demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account and in respect of the seller be referred to as the Seller Bank Account. [Both the Buyer Bank Account and Seller Bank Account are required to be with banks which are registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer and Seller supports Reserve Bank of India’s electronic / online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].
m. Goldesmiths authorised Payment Gateway facility means the automated electronic payment or collection and remittance facility provided by Goldesmiths to buyers and sellers to facilitate purchase and sale of items as well as making payments there for on Website 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.
a. Goldesmiths or any service provided by Goldesmiths may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and undischarged insolvents are not eligible to use the Website. A minor is not allowed to access or register as a User or sell or purchase any items on the Website.
b. If You represent and are registering as a business entity, by accepting the User Agreement You represent that such entity has sufficient authority under applicable law to enter into the User Agreement and You are duly authorized by the business entity to accept this User Agreement and You have the authority to bind that business entity to this User Agreement.
5. REGISTRATION AND COMMUNICATION
a. By registering on the Website, You agree to allow us to contact You through any mode of communication (Email/Chat/Telephone call) for any confirmation or service related information for the order placed by You, on the contact details provided by You. Any kind of legal implication raised, due to the incorrect nature of the details provided by You, Goldesmiths will not be held responsible for the same.
b. You agree that Your sole purpose of registering or using the Website is to buy or sell unique jewelry products or such products as may be specifically notified by Goldesmiths on the Website from time to time (that are permitted to be bought and sold under applicable law) and You shall not use the Website for any other purpose including for selling or buying products other than as mentioned above or products that are not allowed under applicable law to be sold or bought by You in any manner.
c. You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the Website. 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 registering or for any other purpose on the Website to ensure that the information provided by You is true, accurate, current and complete at all times. If You provide any information that is untrue, inaccurate, not current or incomplete or Goldesmiths has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, Goldesmiths reserves the right to indefinitely suspend or terminate or block Your use or access to the Website in any manner whatsoever.
6. CANCELLATION BY GOLDESMITHS
a. There may be certain orders that Goldesmiths cannot accept, and therefore, we reserve the right, at our sole discretion, to refuse or cancel any order. Some reasons may include limitation on quantity available for purchase; errors in pricing or product information or certain issues identified by our fraud avoidance department or any other issue which Goldesmiths identifies for not accepting the order. We also reserve the right to ask for additional information for accepting orders in certain cases. We will notify you in case your order has been cancelled fully or partially or if any additional information is required to accept your order.
7. CANCELLATION BY CUSTOMER
a. Our customer can cancel the order placed within 24 hours of placing the order. We shall initiate the refund process once we have the cancellation request in written forum from the customer. Customer will get the money back through the same mode in which they have paid for the product in 3-5 Business days after cancellation receipt. In case, if the money has been deducted from your account and we haven’t received it, we shall do the refund process after we speak on the same with the bank.
8. RETURNS POLICY(ONLY FOR DOMESTIC CUSTOMERS)
a. We are committed for the delivery of the products in intact condition. If, in case, there are any discrepancies, you can contact us on info@Goldesmiths.com or our customer executive on 9986703020 with the description and image of the received product within 24 hours of receiving the same. Some situations are however, beyond our control. They may be:
i. Incorrect address
ii. The consignee/recipeint of the product is not present at home
iii. Products being high value, if the consignee/recipient does not show their ID proof
9. RETURNS POLICY(ONLY FOR INTERNATIONAL CUSTOMERS)
a. No returns or exchange policy for international transactions. They may still avail the cancellation benefits.
10. REFUND POLICY(ONLY FOR DOMESTIC CUSTOMERS)
a. Customer needs to contact the customer executive on 9986703020 within 24 hours of receiving the product for the refunds.
11. SHIPPING POLICY
a. Domestic products will reach within 14-16 days from the day of receiving the order
b. International products will reach within 21-24 days from the day of receiving the order
12. BUYER REGISTRATION
a. Other than being a User, there is no separate registration requirement for buyers. Goldesmiths authorised Payment Gateway facility is available to Buyers who hold a Valid Card or Valid Bank Account.
13. ELECTRONIC COMMUNICATION
a. You agree to keep Yourself updated with all data, information and communication pertaining to You made available on the Website. You further agree that Your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by Goldesmiths is through electronic records and You consent to receive communication from Goldesmiths via electronic records which will be deemed adequate service of notice/ electronic record.
a. You understand and agree that Goldesmiths merely provide hosting services to its Users who access the Website for purchase and sale of unique jewelry products (that are permitted to be bought and sold under applicable law). All items advertised and/or listed on the Website and the contents therein are advertised and listed by Users and are third party purchasers and/or sellers as the case may be. You also give permission to the Website and Goldesmiths to store details and records of your usage of the Website indefinitely. However, this does not constitute any obligation on the part of Goldesmiths or the Website to do so.
b. Currently the membership on the Website is free and Goldesmiths does not levy any charges/fees for browsing or buying on the Website. However, for the purposes of listing any item on the Website to be sold or availing other services provided by Goldesmiths through the Website such as packing, warehousing, courier etc., the seller will be charged additional fees, as and when decided mutually. Goldesmiths reserves the right to introduce new services or modify the existing services provided on the Website. Additionally, Goldesmiths at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of Goldesmiths shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
c. All fees/ charges shall be quoted in Indian Rupees and shall be payable to Goldesmiths within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of the Website and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any nonpayment, Goldesmiths reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate Your membership with Goldesmiths and disallow access to the Website. Goldesmiths also reserves the right to take any legal action against You in case of any non-payment of charges/fees to Goldesmiths.
d. You agree that Goldesmiths may appoint any third party service provider, including but not restricted to one or more of Goldesmiths’s affiliate to provide backend operations and support as instructed by Goldesmiths from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner.
e. Goldesmiths neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. Goldesmiths has no control over third parties and contents generated by the Users on the Website.
f. Any information provided by You to Goldesmiths or submitted to Goldesmiths or provide or display to other Users of the Website in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely Your responsibility and Goldesmiths merely is a platform where such information is distributed, published, displayed or used by Users. Goldesmiths or the Website is not liable for accuracy, appropriateness or legality of such information.
15. USER OBLIGATIONS
a. All contractual terms of the manner and terms & conditions of delivery, payment, insurance etc. between the buyer and the seller shall be independently agreed with the other users of the Website that You may transact with.
b. You will treat Goldesmiths as a mere passive conduit which is used as a platform by Users to create listings or provide information for the purpose of selling their items so that such information can be discovered and read by other Users of the Website who may wish to purchase such items from other Users or provide feedback on items they have purchased or sellers who have sold any item to them.
c. You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
i. belongs to another person and to which You do not have any right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate another person or use an anonymous proxy;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
x. shall not be false, inaccurate or misleading;
xi. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
xii. may give rise to liability on part of the Website or Goldesmiths or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or Goldesmiths; and
xiii. link directly or indirectly to or include descriptions of items that are
prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Indian Penal Code, 1860 and Information Technology Act 2000 as amended time to time and rules there under or
are at the same time listed for sale on a website other than the Website. You shall not promote any website or webpage or link on the Website.
d. In case of any violation of the above provisions, Goldesmiths has the right to immediately terminate the access or usage rights of the User to the Website without any notice and any such violating information that is displayed or submitted on the Website can be removed immediately and completely.
e. You shall be responsible and liable for the legality of any product that You are offering for sale on the Website and for the listing describing the product. Further, Goldesmiths reserves the right to investigate such alleged infringement of intellectual property rights and You hereby agree to cooperate with Goldesmiths and render assistance as required.
f. You shall be responsible for keeping backup versions of the information and data provided by You. You hereby agree that You will not expect Goldesmiths to restore or keep back up of Your information and data and not hold the Website or Goldesmiths accountable for any loss of data in any circumstances.
g. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item being sold or purchased on the Website. You will also refrain from accessing information or databases in an unauthorized manner from Goldesmiths or servers where information or databases are kept.
h. You shall not attempt to or circumvent or manipulate any of the obligations conferred on You by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Website and also for taking appropriate legal action.
i. In case of any transaction or attempted transaction pertaining to any item listed on the Website which is violating this User Agreement or applicable laws comes to Your knowledge, You shall forthwith take all steps to inform Goldesmiths of such violation at info@Goldesmiths.com.
j. If You choose to provide feedback on the Website which is visible to other Users, You shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
k. You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless You have obtained the User's express consent to do so.
l. You shall not place any advertisements on the Website in any manner. Further, You shall not use the Website to promote Your own or any other persons business or interests on the Website except for providing description on a listing for a specific item, unless permitted by Goldesmiths in writing.
m. You agree and accept that Goldesmiths is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price, by providing the Goldesmiths authorised payment gateway facility or any other method of payment to its Users.
a. The Website is only a platform where Users may meet and interact with one another for their transactions. The Website or Goldesmiths is not and cannot be a party to or control in any manner any transaction between two Users of the Website.
b. All commercial / contractual terms are offered by and agreed to between buyers and sellers alone as per principal to principal bipartite contractual obligations. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to items listed for sale. Goldesmiths does not have any control and neither does it determine or advise or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Further, You understand that a listing may end if another User buys the item, or the User who made the listing chooses to end the same or if the listing expires after a stipulated period of time.
c. Goldesmiths is neither involved in the buying and selling of items on the Website nor liable or responsible for any non- performance or breach of any contract entered into between the Users (i.e. buyer and seller) including but not limited to non-delivery or non-receipt, non-payment, damage, breach of representations and warranties provided by the seller or any fraud as regards the items listed on the Website. The Users acknowledge that Goldesmiths will not be liable for any damages, interests or claims etc. resulting from not processing or any delay in processing a Transaction/ Transaction Price which is beyond the control of Goldesmiths. Goldesmiths shall not and is not required to mediate or resolve any dispute or disagreement between Users.
d. Goldesmiths does not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, usefulness) of the items proposed to be sold or offered to be sold or purchased on the Website. In particular, Goldesmiths does not implicitly or explicitly support or endorse the sale or purchase of any items on the Website. Goldesmiths shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
e. Goldesmiths does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity etc.) of any of its Users. You are advised use Your best judgment and independently verify the bona fides of any particular User that You choose to deal with on the Website.
f. The Website is only a venue through which Users can reach a larger base to buy and sell unique jewelry products. Goldesmiths is only providing a platform in form of the Website for communication and a hosting service for information and it is agreed that the contract for sale of any of the items shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over the items vest with Goldesmiths nor shall Goldesmiths have any obligations or liabilities in respect of such contract. Goldesmiths is not responsible for unsatisfactory or delayed performance of sellers or damages or delays as a result of items being out of stock, back ordered or otherwise unavailable. All items offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
g. The seller and the Logistics Partner shall solely be liable for transport and delivery of the product. Goldesmiths shall have no privity of contract and shall claim no liability regarding any loss, theft, damages, etc. caused to the product due to mis-handling of the product by the seller and/or the Logistics Partner. It shall be solely seller’s responsibility to make sure that the products purchased by the buyer reaches them safely. Further, any policies of the Logistics Partner regarding transportation and delivery, including insurance, of the products shall be binding solely on the seller and Goldesmiths shall claim no liability and shall not be bound so by policies of the Logistics Partner.
h. Services including the Goldesmiths authorised Payment Gateway facility for electronic payment on an "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Goldesmiths specifically disclaims any such warranty. You expressly agree that the use of the Website and Goldesmiths authorised payment gateway electronic payment facility is at Your own risk.
i. You release and indemnify Goldesmiths and/or any of its officers, partners, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Goldesmiths cannot control the information provided by other Users, which is made available on the Website notwithstanding Goldesmiths's reasonable efforts in that behalf. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.
17. LIMITED LIABILITY OF GOLDESMITHS
a. In no event shall Goldesmiths or its partners, affiliates and employees 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, including but not limited to negligence) out of or in connection with the Website, Goldesmiths authorised payment gateway facility, services provided by the Logistics Partner or any other services or this User Agreement.
b. Goldesmiths’s liability in any circumstance is limited to the amount of charges/ fees, if any, paid by You to Goldesmiths. Goldesmiths, its partners, affiliates and employees make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of Goldesmiths or the Logistics Partner or Goldesmiths authorised payment gateway facility will be error free and/or uninterrupted. Goldesmiths provides no guarantee to its Users in respect of the products sold on the Website. Consequently, Goldesmiths assumes no liability whatsoever for any monetary or other damage suffered by You on account of:
i. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Goldesmiths authorised payment gateway facility.
ii. Any delay, failure, interruption or errors in the operation of Goldesmiths or the Logistics Partner or Goldesmiths authorised payment gateway facility.
a. You shall indemnify and hold harmless Goldesmiths and Goldesmiths’s affiliates, third-parties and their respective officers, partners, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of the User Agreement including the rules and policies incorporated herein by reference, or Your violation of any law, rules or regulations or the rights of a third party.
b. Goldesmiths views the protection of User’s privacy as a very important community principle. Goldesmiths clearly understands that You and the personal information provided by You is one of the most important assets to Goldesmiths. Goldesmiths stores and processes the information provided by You in computers located in India that are protected by physical as well as reasonable technological security measures and procedures in compliance with the provisions of the Information Technology Act, 2000 and rules made thereunder.
a. Without limiting other remedies that Goldesmiths may pursue, Goldesmiths may at its sole discretion take such action as it deems fit including but not limited to cancellation of the Transaction or payments made, limit Your activity, immediately remove Your information or listings, or end Your listing, warn other Users of Your actions, forthwith temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website or initiate any legal action it may deem fit, particularly in the event:
i. You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated therein by reference;
ii. Any misuse of the Goldesmiths authorised payment gateway facility
iii. Goldesmiths is unable to verify or authenticate any information provided by You;
iv. Goldesmiths believes that Your actions may cause legal liability to the Goldesmiths, other Users or Yourself.
b. No actions, omissions or decisions taken by Goldesmiths shall waive any rights or claims that Goldesmiths may have against the User.
c. Any User that may have been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by Goldesmiths. Notwithstanding the above, if You breach the User Agreement or the rules and policies and other documents incorporated therein by reference, Goldesmiths reserves the right to recover any amounts due and owed by You to Goldesmiths and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.
21. GRIEVANCE REDRESSAL MECHANISM
a. In case of any grievance, objection or complaint on Your part with respect to the Website, other Users, Goldesmiths authorised payment gateway facility or Goldesmiths, including any complaints or enquiry about suspension, termination or blocking of Your membership or right to use the Website, You should promptly raise such grievance or complaint with the designated Grievance Officer K.Jayavenkateshwaran at jv@Goldesmiths.com and provide him/her with all necessary information and/or documents to enable the Grievance Officer to resolve the issue.
b. The name and contact details of the Grievance Officer is published on the Website as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.
a. None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between You and Goldesmiths and You shall have no authority to bind Goldesmiths in any manner whatsoever.
b. Except as explicitly stated otherwise, any notices directed to Goldesmiths shall be given by email to info@Goldesmiths.com and any notices to You by Goldesmiths shall be provided to the email address provided by You during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Goldesmiths may give You notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
c. If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
d. This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between You and Goldesmiths with respect to the subject matter herein.
e. Goldesmiths at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without Your prior consent provided that Goldesmiths assigns this User Agreement on the same terms or such terms that are no less favourable to You.
f. All remedies of Goldesmiths under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
a. If any dispute arises between You and Goldesmiths during Your use of the Website or the Goldesmiths authorised payment gateway facility or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the rules, policies and documents incorporated herein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Goldesmiths whose decision shall be final. The place of arbitration shall be Bengaluru/Chennai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
24. GOVERNING LAW
a. This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Bangalore shall have exclusive jurisdiction. This document is an electronic record in terms of Information Technology Act, 2000 and the amended 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.