1. Introduction

1.1. www.kirajewels.com and all associated sites linked with the same (the “Platform”) is operated by KIRA (hereinafter referred to as the “Entity”). The Entity, through its Platform offers an online marketplace for you to purchase silver items made from various vendors (hereinafter referred to as the “Services”).

1.2. These terms and conditions (the “Terms of Service”) shall apply to all Users of the Platform, including without limitation Users who are browsers, customers, contributors of content or other vendor partners (collectively, the “Users”). By registering on, browsing, downloading, using or accessing any part of the Platform or utilising the Services, the Users agree to be bound by the Terms of Service, including any additional or modified terms and conditions and policies in relation to the Platform or any future service that may be offered by the Entity. If at any time the Users do not accept or agree to any or all of the Terms of Service, they may not access the Platform or use any of the Services.

1.3. The Users can review the most current version of the Terms of Service at any time on this page. The Entity reserves the right to unilaterally update, change or replace any part of these Terms of Service by posting updates or changes to the Platform. It is the responsibility of the Users to check this page periodically for changes. The Users continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.

1.4. These Terms of Service govern the use of the Platform, by merely using the Platform, the Users shall be contracting with the Entity and signify their acceptance to the Terms of Service and other policies of the Entity (the “Policies”) as posted on the Platform from time to time, which takes effect on the date on which the Platform is downloaded and creates a legally binding arrangement to abide by the same.

2. Eligibility

2.1. Accepting the Terms of Service will constitute a legal contract between the User and the Entity. Consequently, any User who is “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. is not eligible to use the Platform. Only individuals who are eighteen (18) years of age or older may use the Platform and avail Services. The Entity reserves the right to terminate the Users account and / or deny access to the Platform if it is brought to the Entity’s notice that the Users are under the age of eighteen (18) years.

2.2. Each User represents that they are competent to contract in terms of the Indian Contract Act, 1872 and has not been disqualified or whose account has not been previously suspended or removed by the Entity from the Platform. Each User also represents and warrants that the Users have the right, authority and capacity to be bound the Terms of Service.

3. Account Registration

3.1. The Entity permits all Users to access, view and comment on the contents of the Platform without registration on the Platform. Users can only utilise the Services by creating an account. By registering on for an account on the Platform, or availing the Services, Users automatically become members and agree to the Terms of Service. The membership is limited to the purpose and is subject to the acceptance of and adherence with the Terms of Service by the Users. So long as the Users abide by and accepts the Terms of Service the Entity grants the Users with a non-transferrable, limited, non-exclusive and revocable privilege to register and use the Platform and avail the Services.

3.2. The Users agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Each User represent and warrant that they have not impersonated any person or entity or otherwise mispresented their identity, age or affiliation to any person or entity.

3.3. The Entity reserves the right to suspend or terminate the account or access to the Platform permanently: (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; or (ii) if the Users are found to be non-compliant with the Terms of Service.

3.4. On registration, each User will receive a password protected account and an identification. The User agrees to: (i) maintain the confidentiality of their password; (ii) take full responsibility for all activities by Users accessing the Platform through their account; (iii) immediately notify the Entity of any unauthorised use of their account or any other breach of security that they become aware of; and (iv) ensure that they exit from their account at the end of each session. Each User is solely responsible for all activities that occur under their account.

3.5. It shall be the responsibility of the Users to treat the user identification code, password and any other piece of information that is provided by the Entity, as part of the security procedures, as confidential and not disclose the same to any person or entity other than the Entity. The Entity shall at all times and at their sole discretion reserve the right to disable any user identification code or password if the Users have failed to comply with any provisions in the Terms of Service.

3.6. Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other property interest in their account, and further acknowledge and agree that all rights in and to their account are and shall forever be owned by and inure to the benefit of the Entity.

4. Orders and Financial Terms

4.1. The Platform allows the Users to place orders for Services (products sold by the Entity) through the Platform and the Entity will facilitate the placement of orders for the Services.

4.2. The Users understand that any order that they place shall be subject to these Terms of Service.

4.3. All commercial/contractual terms are offered by and agreed to between Entity and the Users alone. The commercial/contractual terms include without limitation price, delivery charges, payment methods, payment terms, date, period, time and mode of delivery, etc.

5. Use of the Platform

5.1. The Users agree, undertake and confirm that the Users’ use of the Platform shall be strictly governed by these Terms of Service. Further the Users shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

• 5.1.1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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 ;

• 5.1.2. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

• 5.1.3. harasses or advocates harassment of another person, including children;

• 5.1.4. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;

• 5.1.5. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;

• 5.1.6. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to the profiles, blogs, communities, account information, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

• 5.1.7. interferes with another User’s use and enjoyment of the Platform or any third party users enjoyment of similar services;

• 5.1.8. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the spirit of these Terms of Service;

• 5.1.9. violates any law for the time being in force;

• 5.1.10. impersonate another person;

• 5.1.11. 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 cognisable offence or prevents investigation of any offence or is insulting other nation;

• 5.1.12. contains software viruses or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; and

• 5.1.13. directly or indirectly, offers, attempts to offer, trades or attempts 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;

5.2. The Users agree, undertake and confirm that the Users’ use of the Platform shall be strictly governed by these Terms of Service. Further the Users shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

• 5.2.1. All registration information submitted by the Users are truthful, lawful and accurate;

• 5.2.2. The User’s use of the Platform shall be solely for their personal use and they shall not authorize others to use the account;

• 5.2.3. The Users will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, Page | 3 threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;

• 5.2.4. All necessary licenses, consents, permissions and rights are owned by the Users and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Service and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and/or other proprietary rights contained in any content that the Users submit, post, upload, distribute or otherwise transmit or make available;

• 5.2.5. The Users will not use the Platform in any way that is unlawful, or harms the Entity or any other person or entity;

• 5.2.6. The Users will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform.

• 5.2.7. The Users will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent their identity or affiliation with any person or entity.

• 5.2.8. The Users will not delete or modify any content of the Platform, including but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos.

• 5.2.9. The Users will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest

• 5.2.10. The Users shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts, any part of the Platform or any equipment or any network on which the Platform is stored or any equipment of any third party;

• 5.2.11. The Users release and fully indemnify the Entity and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that the Users may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, the Entity cannot take responsibility or control the information provided by other Users which is made available on the Platform.

5.3. The Users shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform by any means. The Users shall not probe, scan or test the vulnerability of the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform.

5.4. The Users agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform. The Users may not use the Platform or any of its content for any purpose that is unlawful or prohibited by these Terms of Service.

5.5. The Users shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to goods and service tax, income tax, central excise, custom duty, local levies) regarding the use of the Platform and listing, purchase, solicitation of offers to purchase, and sale of products or Services. The Users shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

5.6. In order to allow the Entity to use the information supplied by the Users, without violating any rights or any laws, the Users agree to grant the Entity a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights. The Entity will only use the information in accordance with these Terms of Service and Privacy Policy (defined below) applicable to use of the Platform.

5.7. The Entity reserves the right, but has no obligation, to monitor the materials posted on the Platform. The Entity shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit of these Terms of Service. In no event shall the Entity assume any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform.

5.8. The Entity shall have all the rights to take necessary action and claim damages that may occur due to the Users involvement/participation in any way either on their own or through group/s of people, intentionally or unintentionally in hacking.

5.9. The Users understand that their content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Users understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. The Users shall bear the costs incurred to access and use the Platform and avail the Services, and the Entity shall not, under any circumstances whatsoever, be responsible or liable for such costs.

6.Accuracy, Completeness and Timeliness of Information

6.1. The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for the purpose of reference only. The Entity reserves the right to modify the contents of the Platform at any time, but has no obligation to update any information on the Platform. The Users agree that it is their responsibility to monitor changes to the Platform.

6.2. Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the Services, pricing, promotions, offers, Delivery Charges, transit times and availability. The Entity reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Platform is inaccurate at any time without prior notice.

6.3. The Entity undertake no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Platform, should be taken to indicate that all information on the Platform or pertaining to the Services have been modified or updated.

7. Disclaimers of Warranties and Limitation of Liability

7.1. The Entity endeavours to make the Platform available, as far as possible, at all times. However, the Entity does not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

7.2. The Entity does not warrant that the Platform will be compatible with all hardware and software which is used by the Users. The Entity shall not be liable for damage to, or viruses or other code that may affect, any equipment, software, data or other property as a result of downloading and installing the Platform.

7.3. The Entity does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users.

7.4. While specifically using Services in the Platform for personalised crop advisory, without paying any consideration, the Users are not covered under the ambit of ‘consumers’ under the Consumer Protection Act, 2019.

7.5. The Platform may be under constant upgrades, and some functions and features may not be fully operational.

7.6. The Platform is provided on an “as is” and “as available” basis. The Entity expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to the Users.

7.7. The Entity makes no representation or warranty that: (i) the Platform will be accurate or reliable; (ii) the Platform will be uninterrupted, timely, secure, or error-free; (iii) any information that may be obtained from the use of the Platform will be accurate, timely or complete; or (iv) any errors in any software used on the site or in connection with the Platform will be corrected.

7.8. THE COMPANY DOES NOT REPRESENT ANY OF THE USERS, AND DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY ERROR OR INCONSISTENCY WITH RESPECT TO ANY INFORMATION RELATING TO SUCH USERS DISPLAYED ON THE SITE OR WITH RESPECT TO THE SERVICES PROVIDED. ANY INFORMATION PROVIDED WITH RESPECT TO THE USERS AND FEES PAYABLE IS SUBJECT TO CHANGE WITHOUT NOTICE.

7.9. The Entity is not responsible and will have no liability for: (i) any content or Services provided by any persons or entities other than the Entity; (ii) damages of any kind that result from the downloading of any data or any other materials on the site or through the Platform; or (iii) the failures of the internet or any data or telecommunications equipment, system or network used in connection with the Platform.

7.10. The Entity shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the Platform, or for any other claim related in any way to the use of the Platform, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or any content posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility.

7.11. The Entity shall not be liable to anyone else for any losses or injury arising out of or relating to the information provided on the Platform. In no event will the Entity or its employees, affiliates, authors or agents be liable to the Users or any third party for any decision made or action taken by the Users.

8. Privacy

8.1. All information about Users that are collected, stored or transmitted in any way on the Platform, including any registration information, is subject to our Privacy Policy (the “Privacy Policy”), located at [insert].

9. Cancellation and Refund Policy

9.1. [Megha – tell me what is your policy on this

10. Third Party Links

10.1. Certain content, advertisements or products available via the Platform may include materials from third-parties

10.2. Third-party links on the Platform may direct the User to third-party websites that are not affiliated with the Entity. The Entity is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

10.3. The Entity is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any thirdparty websites. Please review carefully the third-party’s policies and practices and make sure to understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products or Services should be directed to the third-party.

11. Intellectual property

11.1. The Entity is either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, on the Platform, and on the material published on it.

11.2. The Users must not modify the paper or digital copies of any materials printed or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

11.3. The Users must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from the Entity.

12. Indemnification

12.1. The Users agree to indemnify, defend and hold harmless the Entity, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of a breach of these Terms of Service or the documents they incorporate by reference, or violation of any law or the rights of a third-party.

13. Severability

13.1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. Termination

14.1. These Terms of Service are effective unless and until terminated by either the Entity or the Users. The Users may terminate these Terms of Service at any time by notifying the Entity that the Users no longer wish to use the Platform or the Services, or when the User cease using the Platform.

14.2. If in the Entity’s sole judgment the Users fail, or they suspects that the Users have failed, to comply with any term or provision of these Terms of Service, the Entity may also terminate their access to the Platform, or cease the provision of the Services at any time without notice and the Users will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Users access to the Platform or the Services (or any part thereof).

15. Entire Agreement

15.1. These Terms of Service and any policies or operating rules posted by the Entity on the Platform constitute the entire agreement and understanding between the Users and the Entity with respect to the Platform, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Users and the Entity (including, but not limited to, any prior versions of the Terms of Service).

15.2. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

16. Waiver

The failure of the Entity to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision

17. Governing law and dispute resolution

These Terms of Service are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the exclusive jurisdiction of the courts at Rannebennur,Karnataka, India.

18. Contact Information

All notices and enquiries to the Entity can be addressed to:

Megha J R
KIRA
Shejawadkar Building,
Above Venkatesh Jewellers,
Durga Circle, Nehru Market,
Ranebennur,
Haveri District
Karnataka - 581115

care@kirajewels.com
9945411925

19. Grievance Redressal

19.1. All grievances with the Entity with respect to the products, Services or any other term of these Terms and Services can be addressed to care@kirajewels.com. 19.2. In the event the User’s grievances are not suitably resolved or with respect to the alleged breach of any statutory compliances, such grievances can be escalated to care@kirajewels.com.