Terms and Conditions

User Agreement:

This User Agreement contains rules and regulations, policies and terms and conditions and

agreement applicable to any person who may access or use jewelsofeden.com, including any

subdomains, web pages or extension of Website and you hereby agree and acknowledge to

be bound by the terms of this User Agreement.

The use of jewelsofeden.com and the services provided are subject to the rules and

regulations, policies, notices, terms and conditions set forth in this User Agreement. For the

purposes of this User Agreement, and wherever the context may require (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of the Website by accessing or browsing the Website and/or has registered as a member of

the Website by submitting identification information/ registration details using the computer

system of this Website and Accepting the electronic record of the User Agreement and has

obtained a unique username and a secret alpha-numerical key (password) for using the

Website.

Amendment: 

The Company 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 the Company 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 the

Company posts the same on the Website. [In the event, that the User Agreement includes a

substantial change, the Company 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 the Company. 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.]

Definitions:

Payment on Billing shall mean a Transaction where the payment for the items purchased is

paid through the; 

(i) Electronic payment facility or 

(ii) The buyer has opted to deposit the Transaction Price in the bank account of the Company by way of cash, cheque, Zelle, Venmo or any other mode of payment and such payment of the Transaction Price is credited to the bank account of the Company within [3] days of booking the Transaction. 

Dispatch Details means the true, accurate and valid data, information, details or documents

as specified by the Company from time to time, which the seller/ Logistics Partner is obligated to provide to the Company [on the Website] as proof that the item has been Dispatched and/or Delivered, as the case maybe.

Information means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of the Website at the time of registration with the Website, buying process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number and banking / financial information. 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.

Logistics Partner shall mean reputable logistics and courier company appointed by the

Company 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 that the Company may require.

Transaction means every electronically generated valid purchase order placed by the Buyer

for purchasing the items on the Website.

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.

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.

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 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 a branch of a recognized bank as per applicable  laws or other banks which are registered with or approved by the US Government  and such branch and/or account of the Buyer and Seller supports US Government's electronic / online banking system including, without limitation.

Eligibility:

A minor is not allowed to access or register as a User or sell or purchase any items on the Website. 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.

Registration and Communication:

Registration; You are solely responsible for maintaining secrecy and confidentiality of your

username and password. You hereby acknowledge and accept that the website will grant

access to any person who has obtained your username and password in the same manner

as it would have granted access to you and you are responsible for all activities conducted

under your username and password. The Company, its employees or associates will not be

responsible in any manner for losses occurring from such breach of secrecy of your

username and password. You agree that your sole purpose of registering or using the Website is to buy unique handicraft products. Specifically notified by the Company on the Website from time to time (that are permitted to be bought and sold under applicable law) and you shall not use this 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. 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 the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the Website in any manner whatsoever.

Electronic Communication: 

You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Website by the Company. 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 the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.

Terms of Use:

You understand and agree that the Company and the Website merely provide hosting

services to its Users who access the Website for purchase of unique handcrafted 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 the Company to store details and records of your usage of the Website indefinitely.

However, this does not constitute any obligation on the part of the Company or the Website

to do so.

Currently the membership on the Website is free and the Company 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 the Company through

the Website such as packing, warehousing, courier etc., the Seller will be charged fees as

provided in the Facility Charges Policy incorporated herein by reference. The Company

reserves the right to introduce new services or modify the existing services provided on the

Website. Additionally, the Company 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 the Company shall be

posted on the Website and such changes shall automatically become effective immediately

after they are posted on the Website.

All fees/charges shall be quoted in U. S. Dollars and shall be payable to Jewels of Eden 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 etc. which may be levied. In case of any non- payment, the Company

reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your

membership with the Website and disallow access to the Website. The Company also

reserves the right to take any legal action against you in case of any non- payment of

charges/fees to the Company. If you purchase anything on the Website, you agree to also comply with the terms and conditions set out in the Policy for Buyers incorporated herein by reference. You agree that the Company may appoint any third party service provider, including but not restricted to one or more of the Company's affiliate to provide backend operations and

support as instructed by the Company 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.

The Company neither originates nor transmits any communication/ information on behalf of

any User nor does it modify the contents of any communication transmitted. The Company

has no control over third parties and contents generated by the Users on the Website.

Any information provided by you to the Company or submit on the Website or provide or

display to other Users of the Website in the registration or buying process, in the feedback

area or through any e-mail communication is solely your responsibility and the Company or

the Website merely is a platform where such information is distributed, published, displayed

or used by Users. The Company or the Website is not liable for accuracy, appropriateness or

legality of such information.

User Obligations:

All contractual terms of the manner and terms and 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.

You will treat the Website 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.

You agree and undertake not to host, display, upload, modify, publish, transmit, update or

share any information or list any information or item that:

● Belongs to another person and to which You do not have any right to;

● Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,

pedophilic, libelous, invasive of another 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.

● Harm minors in any way;

● 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;

● Violates any law for the time being in force;

● Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

● Impersonate another person or use an anonymous proxy;

● 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;

● Threatens the unity, integrity, defense, 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;

● Shall not be false, inaccurate or misleading;

● 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;

● May give rise to liability on part of the Website or the Company or cause any

hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Company; and

● Link directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics. or

(ii) are at the same time listed for sale on a web site other than the Website. You

shall not promote any website or webpage or link on the Website.

In case of any violation of the above provisions, the Company has the right to immediately

terminate the access or usage rights of the user to the Website without any notice and any

such violative information that is displayed or submitted on the Website can be removed

immediately and completely.

You shall be responsible for keeping backup versions of the information and data provided

by you. You hereby agree that you will not expect the Website to restore or keep backup of

your information and data and not hold the Website or the Company accountable for any

loss of data in any circumstances.

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 the

Website or servers where information or databases are kept.

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.

In case of any transaction or attempted transaction pertaining to any item listed on the

Website which is violative of this User Agreement or applicable laws comes to your

knowledge, you shall forthwith take all steps to inform the Company of such violation.

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.

You undertake not to disclose or distribute any other Users Information to a third party, or

use the Information for any unauthorized purpose including for the purposes of marketing

unless you have obtained the Users express consent to do so.

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 person, business or interests on the

Website except for providing description on a listing for a specific item, unless permitted by

the Company in writing.

You shall not attempt to double dip during the course of a dispute by receiving or attempting

to receive funds from the Company and/or its service providers and/or the buyer as the case

maybe.

The Company shall make reasonable efforts to ensure that requests for electronic debits and

credits involving Issuing Bank are informed to the Nodal Bank (defined below) in a timely

manner. However, a number of factors that are outside of the Company's control (including

without limitation actions of Issuing Bank, Nodal Bank and the bank or credit / debit/ cash

card and/or banks or financial institution infrastructure or indirectly through payment gateway

facility providers or through any such facility authorized by U. S. Government to provide enabling support facility for collection and remittance of payment where the

Transaction Price is remitted and/or refunded) may delay the time within which the Transaction Price are collected/ remitted by the Company through electronic payment facility. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay.

Any claim for refund of any payment made to the Company, for any reason whatsoever,

shall be to the account of the Seller and the Company shall not be responsible for the same

including but not limited to service charges or any other fees/ charges.

You agree and accept that the Company is neither acting as trustee nor acting in a fiduciary

capacity with respect to the Transaction or the Transaction Price, by providing the electronic

payment facility or any other method of payment to its Users.

Consent and Privacy Policy:

By using the Website and/or by providing your information, you consent to the collection and

use of such information disclosed by you on the Website by the Company. The personal

information/data including but not limited to the Information provided by You to the Website

during the course of a Transaction shall be treated as strictly confidential and retained in

accordance with the Privacy Policy which is incorporated herein by reference and applicable

laws and regulations including but not limited to Information Technology Act; and rules

there under. The Company does not sell or rent or otherwise disclose your personal

information to third parties for their marketing purposes without your explicit consent and the

Company only uses your information in the manner described in the Privacy Policy. If you do

not agree to your Information being transferred or used in this way please do not use the

Website.

The Company views the protection of user’s privacy as a very important community

principle. The Company clearly understands that you and the personal information provided

by you is one of the most important assets to the Company. The Company stores and

processes the information provided by you in computers located in United States of America that are protected by physical as well as reasonable technological security measures and procedures in compliance with the provisions of the Information Technology Act; and rules made thereunder.

General:

None of the provisions of this User Agreement shall be deemed to constitute a partnership or

agency between you and the Company and you shall have no authority to bind the Company

in any manner whatsoever.

Except as explicitly stated otherwise, any notices directed to the Company shall be given by

email and any notices to you by the Company 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, we 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. 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.

This User Agreement together with the rules and policies incorporated herein by reference

constitutes the entire understanding and agreement between You and the Company with

respect to the subject matter herein.

The Company 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 the Company assigns this User Agreement on the same terms or such

terms that are no less favorable to you.

All remedies of the Company 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.

ARBITRATION:

If any dispute arises between you and the Company during your use of the Website 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 payment

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 the Company whose decision shall be final. The Arbitration Conciliation

Act, shall govern the arbitration proceedings. The arbitration proceedings shall be in

the English language.

GOVERNING LAW:

This User Agreement and all rules, policies and documents incorporated by reference shall

be governed and construed in accordance with the laws of United States of America.

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