This document is an electronic record in terms of Information Technology Act, 2000 and the rules thereunder as applicable including the amended provisions thereof. This document is generated by a computer system and does not require any physical or digital signatures.
The domain name www.pokrom.com (hereinafter referred to as ‘website’) is owned and operated by Resa Enterprises through its proprietor Ms. Remya Nair (hereinafter referred to as ‘us’, ‘we’ or ‘pokrom’) having its office address at Runwal Paradise, Right Bhusari Colony, Kothrud, Pune – 411038.
Your use of the website is subject to and governed by your acceptance of and compliance with the following terms and conditions (“Terms” or “Agreement”) and any policies as may be applicable since the Terms sets out a legally binding agreement between you and us for using the Website and our service including the sale and supply of any product on the website. By mere accessing the website or signing up on the Website or registering with us you accept and agree that you have read and understood and are contractually bound by these Terms.
You represent and warrant that you are of legal age to enter into an agreement and have the authority to enter into this Agreement and that by accessing the website or Service/s you are entering into this Agreement. We reserve the right to modify, alter and update the content of these Terms any time. Changed Terms will be indicated by the “effective date” at the top of these Terms. If you do not agree with these Terms or part thereof then you should not access, sign up or register with us. If you do not agree with the amended Terms or part thereof then you may stop using or accessing the website. Your continued access of the Website will be deemed to constitute your acceptance of the amendment/s in the Terms. In the event the Terms conflict with any other document / policy / content on our Website, the Terms will prevail over it, for the purposes of usage of the Website.
YOU WILL NOT ACCESS OR USE THE WEBSITE OR OUR SERVICE IN ANY MANNER THAT EITHER DIRECTLY OR INDIRECTLY VIOLATES ANY LAW, REGULATION, ORDER OR JUDGMENT APPLICABLE TO YOU, OR THE PROPRIETARY, CONTRACTUAL OR OTHER RIGHTS OF ANYONE. YOU SHALL ACCESS OR USE THE WEBSITE OR SERVICE IN THE MANNER MORE SPECIFICALLY MENTIONED IN THESE TERMS AS APPEARING IN THE BELOW MENTIONED SECTIONS.
ELIGIBILITY OF USE
The user must be over 18 years of age and competent to contract within the meaning of The Indian Contract Act, 1872. Persons who are incompetent to contract (i.e. minors, lunatics, undischarged insolvents etc.) cannot access or use the website or our services unless it is done through their legal guardians or parents. We reserve the right to restrict your access to the website totally or partially, including termination of registration if, at any stage it is discovered that you are incompetent to contract or have violated these terms;
The user can purchase products on the website either by registering or without registering on the website. If the user opts to register on the website then the user must successfully register for a user account (“Account”), by truthfully and accurately providing all the mandatory personally identifiable or other information asked during the registration. If you are registering as a business entity, you represent that you have the valid authority to bind the entity to these Terms. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party;
The user should only register once and hold only one user account.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required.
You hereby agree that we may communicate with you through emails, telephone and messages on the email address and telephone number available with us. You agree to receive information, notifications, updates, offers, new product launches, discounts or such other communication (hereafter collectively known as ‘communication’) from us through emails, telephone or messages. You hereby consent that notwithstanding the activation of DND service for your telephone number, we can call or send messages to you which are related to your present or past transaction with us.
REGISTRATION OBLIGATIONS AND YOUR ACCOUNT
You may use or access the website and purchase products online on the website whether with or without registering on the website. If you register with us then you will be able to access certain parts or avail certain benefits of the website which may not be available to you if you choose not to register on the website.
If you opt to register on the website, you should provide certain personally identifiable and non-personally identifiable information at the time of registration. You must give us the correct details in all the fields requiring your personally identifiable information, including, without limitation, your name, address, email address, telephone number(s). You undertake to update this information and keep it current. Though we may verify or cross-check the information provided by you, we are not obliged to do so and we will not be responsible and will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.
We may, or require you to, verify the correctness of the information anytime, and require for such purpose any further information or documentary proof from you, failing which we reserve the right to suspend or terminate your account permanently.
You are responsible for maintaining the confidentiality and safety of your user id and Password and You shall be responsible for all activities that occur under your user id and Password. You undertake that you will not allow to login or login and then allow, any other person to use or access the website from your user account. You understand and agree that we will not be liable to you or any other person for the consequences arising out of use or misuse of your user account whether intentionally or unintentionally and whether by you or any other person using your user account.
You cannot transfer, lease, license, sell, allow use or gift the rights to use your user account.
ACCURACY OF THE CONTENT
We have taken appropriate care to ensure accuracy of the content displayed on the website. All the prices displayed are inclusive of taxes, wherever applicable and are accurate at the time of its publication on the website. Prices and availability of products are subject to change without any prior notice. We have made every effort to show the actual colours of our products that are displayed on the website, but we cannot guarantee that your monitor’s display will accurately reflect the colour of the product as the accuracy of the colour depends on the settings of your monitor.
It is possible that in spite of our efforts to display accurate content about the product or price, a genuine error or typographical mistake may occur. While we will try to rectify such error or typographical mistake forthwith upon our knowledge of the same, we reserve the right, in our sole discretion to either contact you for instructions or cancel your order. Upon cancellation of your order, post-processing of the payment, we will reverse the amount to your mode of payment. In the event that we accept your order upon you agreeing to fulfil the instructions provided by us then if there is a need for you to make further payment, the said payment shall be made by you or excess payment shall be credited to your mode of payment where you’ve paid in excess of the appropriate price.
You may cancel or modify your order within 3 hours of its placing by writing to us at email@example.com. You may return the order in accordance with our shipping and returns policy.
We reserve the right to refuse or cancel your order anytime without assigning any reasons. In such a case we will refund the amount paid by you. Some of the reasons that may lead to refusal or cancellation of your order are 1. Insufficient or unavailability of stock of the product with us 2. Error in display of the product, price or discount information 3. Force majeure 4. Bank or Payment Gateway identifies a problem 5. Technical glitches 6. If your shipping address is not amongst the pincodes to which we ship.
USE OF WEBSITE
You agree to use the website only for the purpose that is legal, proper and in accordance with these terms and any applicable policies or guidelines.
You hereby understand, agree and acknowledge that you shall not comment, post, transmit, upload, reply, write, remark on our website or any social networking websites, instant messaging services, short messaging services, multimedia messaging services, Blogs or any such other interactive or communication services, anything that is or prima facie appears to be incorrect, inappropriate, obscene, derogatory or defamatory to us or any of our brands or hampers our reputation or reputation of any of our brands or devalues or lowers our esteem in the minds of people.
You agree that when using the website or any of our service/s, You will not:
- modify or replace the text, images, or other content on the website including by (a) changing the order in which the content appear, or (b) modify, replace, obscure, or otherwise hinder the functioning of links to the website or third party websites provided elsewhere by us;
- host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the user does not have any right to; b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, 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; c) harm minors in any way; d) infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force; e) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; f) impersonate another person
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- use our website for any illegal or unauthorized purpose;
- create user accounts by automated means or under false or fraudulent pretenses or multiple registrations of yourself;
- do or indulge in doing any activity that will violate any law of the land.
You shall, at the time of placing order, provide us with a correct name and address for the delivery of our product. In the event that the product is not delivered due to incorrect address provided by you, then you shall be liable to bear the charges for re-delivery of the same product.
USE OF THE PRODUCTS
You agree to use the products in accordance with their intended use. Some products may carry care instructions or instruction manual and we recommend you to read the same before you start using the product and the further use of the products shall be in accordance with such instructions only. Any use of the product that is different from its intended use or care instructions or instruction manual is not recommended by us as it may cause physical injury or result in the product being rendered unfit for further intended use.
DISCOUNTS, PROMOTIONS u0026amp; CONTESTS
We reserve the right, at our sole discretion to start, hold, extend, continue, change, modify, withdraw, stop, discontinue and decide the terms and conditions including the winner of any contest, discount offer, sweepstakes, lucky draw or promotion (hereafter collectively known as ‘Promotions’) and shall not be responsible or liable for any damages or claims, whatsoever, arising out of such Promotions. You hereby agree and understand that the decision of our management in respect of any such Promotions shall be final and cannot be challenged. You hereby understand, agree and acknowledge that you have the right to refrain from participating in any such Promotions and buy the products without participating in the said Promotions, wherever applicable. In the event you participate in the Promotions then in addition to you being subject to this clause, you will also be subject to all the terms and conditions of such Promotions whether or not they are displayed on the website.
Intellectual Property Rights
All the rights, title and interest in all the text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”) of this website is either owned by or licensed to pokrom or owned by third party Vendors whose products are being listed by us. You hereby agree and acknowledge that you shall not use or store all or any of the contents of this website, except for personal and non-commercial use, without our prior written approval. You hereby understand that we are not under any obligation to display any marks or identification for aiding you in knowing whether we hold any proprietary rights in all or any contents of the website or any material in question. You cannot modify, re-engineer, repost, delete, use, re-distribute or create derivative works from the contents of the website either in whole or in part for any purpose whatsoever. You hereby agree and acknowledge that you do not acquire any right in the material or content downloaded or used from the website. You shall be liable for any infringement of the proprietary rights of pokrom or third party vendors where you are directly or indirectly a party to such infringement.
You hereby agree, understand and acknowledge that we also list the products of third party vendors and while doing so we just act as facilitators to enable the buyers or users (i.e. You) and the sellers (i.e. third party vendors) to interact with each other for their transactions and that neither do we have any control nor do we determine or advise or in any other manner involve ourselves, in the transactions involving the products or the terms governing such transactions. You are therefore advised and informed that in the case of listed products of third-party vendors all the Content is a third party user generated content and we have no control whatsoever over such third party user generated content as we are merely an intermediary for the purpose of this third party user generated content.
We hereby specifically disclaim any liability with respect to any claim arising out of infringement of intellectual property rights of anyone by any product or content listed or displayed on the website that belongs to or is supplied by a third party vendor.
We may provide a public area on the website where you may contribute with your views, opinions, answers, gestures or in any other legal form of expression and such contribution may be viewed by any other user of the website. You hereby expressly agree and acknowledge that any material contributed by you on the public area of the website is your original work or that you have acquired appropriate rights of the said material and that you hereby grant us perpetual, royalty-free, irrevocable and non-exclusive right and license to use, reproduce, distribute, modify, adapt, copy, edit, publish, commercialise, and translate such material either whole or in part worldwide and/or to embed or incorporate such material in other works in any form including in any technology or media now known or hereafter developed for the full term of any copyright that may exist in such material.
Your obligations under this clause ‘Intellectual Property Rights’ shall continue even after the termination of these terms.
REMOVAL OF CONTENT
It is our policy to respond to notices of alleged infringement that comply with the respective intellectual property rights protection acts. You agree to comply with the applicable Acts or other appropriate processes for the removal of content deemed to infringe the rights of third parties.
We reserve the right to remove, delete or modify either wholly or partially any content, product or your contributed material if such material in our sole opinion is inappropriate including but not limited to it being infringing proprietary rights of us or any third party, defamatory, against the public policy, hurting the sentiments of any religion, race, sex or caste, promoting hatred, vulgar or illegal.
INTELLECTUAL PROPERTY CLAIMS
We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please email us on firstname.lastname@example.org mentioning the details of such infringement of your intellectual property rights.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE OR THE PRODUCT IS AT YOUR SOLE RISK. THE WEBSITE OR THE PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CLAIMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (i) THE WEBSITE OR THE PRODUCT WILL MEET YOUR REQUIREMENTS; (ii) THE ACCESS OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE PRODUCT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF SERVICE OR INFORMATION AVAILED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE WEBSITE OR THE PRODUCT WILL BE CORRECTED; AND (vi) THE FUNCTIONING OF THE PRODUCT WILL BE ERROR-FREE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR SUCH OTHER COMPUTER SYSTEM THROUGH WHICH YOU’VE ACCESSED OR USED THE WEBSITE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR ACCESS OF THE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
The user hereby understands, agrees and acknowledges that the payments to us through any mode of payment including by way of credit card, debit card, internet banking or prepaid cash cards are either processed through third-party payment gateways or require authorization by the intermediary which process the payments. The processing of payments or authorization is solely in accordance with their policies, terms and conditions and we are not in any manner responsible or liable to you or any third party for any delay or failure at their end in processing the payments. If your payment is delayed or declined by the third party payment gateway or intermediary then you may email us at email@example.com mentioning full particulars of the payment including date and the transaction number. However, we will not be liable or responsible to you in any manner, if in the unfortunate event that in spite of our efforts your payment is eventually delayed or declined.
THIS DISCLAIMER IS NOT APPLICABLE TO THE PRODUCT WARRANTY THAT SPECIFICALLY COMES WITH THE PURCHASE OF OUR PRODUCT.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT WE OR OUR THIRD PARTY BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PHYSICAL OR EMOTIONAL INJURY, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR PRODUCT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE WEBSITE OR PRODUCT.
Your obligations under this clause ‘Indemnity’ shall continue even after the termination of these terms.
pokrom or You may terminate these terms anytime. We, upon termination of these terms shall have the right to forthwith restrict your right to access the website, terminate your account and password. You shall, after you terminate these terms, discontinue using or accessing this website.
Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.
Choice of Law and Forum. This Agreement and the relationship between You and us shall be governed by the laws of India and You agree to be bound by the courts at Pune, Maharashtra.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect.
Headings. The section headings in this Agreement are for convenience only and have no legal or contractual effect.
Products: All products available on the website are made of other metals or alloys even if the description says Golden/Silver. Please consider u0026amp; treat them as imitation jewellery. It will be specifically mentioned if the product is partially or purely made of Gold/Silver.