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.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, TERMS OF SERVICES, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR TERMS OF USAGE OF WWW.ACSJEWELS.COM.
1. ABOUT THE WWW.ACSJEWELS.COM
Welcome to the www.acsjewels.com, which is operated by ACS Jewels and Stones Private Limited (www.acsjewels.com,” “we,” “our,” “us”) are a B2B e-commerce website and provide a range of services pertaining to access of trading, pricing, news and other information services related to diamonds, precious gems and jewellery. Certain Services available on this Website are for the use of Members only. Our family of websites includes www.acsjewels.com, *URL of the Www.acsjewels.com, Web Application (collectively known as the “Site”) which offer features, content, functionality and other services (“Services”).
A “Visitor” is someone who accesses and browses through the Site. A “Member” is someone who has registered with the Site. Valid and accurate completion of the registration process leads to “Membership.” Visitors and Members are referred to collectively as “Users.”
2. SCOPE
You agree that, by registering on the Site, or by accessing, viewing, downloading or otherwise using the Site or Services, and/or by clicking “I Accept” during the registration process, you are entering into a legally binding agreement with the Company, based on the following terms (i) these Terms of Use and our Privacy Policy available, which is hereby incorporated by reference (together, the “Agreement”) and (ii) such other legal notices as may be posted on the Site from time to time. The legally binding terms of the Agreement set out your rights, obligations, and restrictions regarding your use of our Site.
In order to use or purchase certain Services or specific portions of the Site, you may be required to download content, software, and/or required to agree to additional terms and conditions. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Services or Site feature in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You agree to abide by such other terms and conditions, including, where applicable, representing that you are of sufficient legal age to use or participate in such service or feature or have registered with the help of a guardian (in case of under-age). If there is a conflict between these Terms of Use and any additional terms posted for or applicable to a specific Service or portion of the Site, the additional terms shall control with respect to your use of such specific Service or portion of the Site.
By becoming a User, you acknowledge that you have read and understood the terms and conditions of this Agreement, including our Privacy Policy available, and that you agree to be bound by all of its provisions.
If you do not want to conclude the Agreement, do not become a User, DO NOT register with the Site, and do not access, view, download or otherwise use any portion of the Site, information or Services.
3. WHO MAY USE THE SITE:
An existing Retailer business which is in the business of dealing with pertaining to access of trading, pricing, news and other information services related to diamonds, precious gems and jewellery. (“Retailer”);
4. REGISTERATION PROCESS FOR A RETAILER:
The Site is a dynamic website and prior to the creation of the Account, the Site may also conduct independent third party due diligence at the time of creating an account or for logging in the Site. Post such approval, the Retailer will pay a subscription fee and only post such payment, the account of the Retailer will get active and the Retailer can do transactions on the Site..
5. PROFILE MANAGEMENT:
To edit or change any profile details the user can make a written request via registered email to the Site Contact US tab along with the relevant documents and the amendments will be made on behalf of the user. The user acknowledges and takes full responsibility of providing the correct details.
6. MCX RATES:
The Gold, Silver and Platinum MCX rates displayed on the landing page and the dashboard of the users will be updated daily, and all rates will be valid for a duration 24 Hrs except the rate which is updated on Friday and the same shall hold good and continue to be applicable for Saturday and Sunday till it’s changed on the subsequent Monday on account of market closure. The said rates are only for the calculation of approximate value of the products for the purpose of verifying MOV. The services offered are on a ‘As Is Basis’.
7. MINIMUM ORDER VALUE (‘MOV’):
It is the minimum value required to be met to generate a purchase order and varies as per the product category. The Site can make changes to the MOV without prior notice and the same shall be applicable for all future orders. If required, the Site can display and provide for the relevant MOV at its sole discretion. The MOV for various category is as follows:-
(i) Gold- Rs 2,50,000/- (Rupees Two Lac Fifty Thousand Only)
(ii) Silver- Rs. 50,000/- (Rupees Fifty Thousand Only)
(iii) Diamond (Platinum)- Rs 2,50,000/- (Rupees Two Lac Fifty Thousand Only)
(iv) Diamond (Gold)- Rs 2,50,000/- (Rupees Two Lac Fifty Thousand Only)
(v) Polki- Rs 2,50,000/- (Rupees Two Lac Fifty Thousand Only)
(vi) Kundan (Gold)- Rs 2,50,000/- (Rupees Two Lac Fifty Thousand Only)
(vii) Kundan (Silver)- Rs 2,50,000/- (Rupees Two Lac Fifty Thousand Only)
Loose Stone- Rs. 50,000/- (Rupees Fifty Thousand Only)
8. APPLICABILITY OF TDS UNDER S.194Q INCOME TAX ACT 1961
The Income Tax Act has enacted this provision w.e.f. July 1st , 2021 and pursuant to this provision any Person, being a buyer (a buyer shall be a person whose total sales, gross receipt or turnover exceeds INR 10 Crore (Indian National Rupee Ten Crore Only) in the immediate preceding financial year of the year of transaction) is responsible for paying any sum to any resident seller for purchase of any goods, in case the value or aggregate of such value exceeds INR 50 Lakhs in any Previous Year is liable for deduction of tax on such transaction. The Retailer when generating its purchase order will first select if the aforesaid deduction is applicable to the said retailer which will reflect at the time of final payment. The same being a legal obligation is to be complied by the Retailer per its discretion and understanding. It is clarified that the Site will not do any further due-diligence unless required by Law and will comply with the disclosure provided by the Retailer.
9. WEIGHT VARIATION:
All products are liable to slight weight variation, on account of production or application of standard changes. The final weight and rate will be as per the final invoice.
10. PURCHASE ORDER
• After the User adds products to the cart, the cart will check if the MOV is met and reflect the approximate cost and the booking amount, subsequent to which the user will generate the PO. Thereafter, the Purchase order will be sent to the manufacturer for approval with respect to quantity, availability and production time.
• The Manufacturer will further add the shipping time and the metal rate as prevailing on that day and approve the Purchase Order.
• Approved/Approved with Changes PO along with the Pro forma will reflect on the retailer dashboard.
• In the event, the MOV is not met post appr post-approval PO will be auto cancelled and the products added to the Wishlist of the Retailer, which can be re-added to the cart.
• It is clarified, at a time products of only one manufacturer can be added to the cart.
11. ORDER:
Payment of booking amount confirms the order and the same can be monitored from the Order section.
12. PRICING:
• The price of the products is calculated by adding wastage to the purity and then multiplying with the net weight to ascertain the fine weight which is then multiplied with the metal rate. As applicable the total labour charges (calculated on the gross weight), total diamond/ polki/ kundan/ precious/ semi-precious stone amounts are further added. To know the wastage one can download the same by entering the OTP received on the registered mobile number in the – know your wastage tab. Whereas - labour/ gm, total diamond/ polki/ kundan/ precious stone/semi-precious stone amount will be visible in the product detail section and the same may be varied by the manufacturer from time to time along with the wastage. The said changes shall always be applicable on new orders and will not affect the pending PO/Orders at any time.
• The booking amount and the final price are all calculated based on the metal rates provided by the manufacturer as per prevailing rate on the concerned day.
In terms with trade practice of Mumbai all calculations for 22 KT are done with 92% and for 18 KT with 75.50%.
• The manufacturer further provides the shipping charges, hallmarking charges, and the tax applicable under s.194 Q Income Tax Act 1961 along with the final weight of the products in the revised pro forma invoice.
• Rates provided in the pro forma invoice and the revised pro forma invoice are valid for 24 hrs and 72 hrs respectively. In the event of Non-payment, the same results in auto-cancellation as per the cancellation policy.
• Where the aforesaid proforma or revised pro forma invoices are received before 1400 HRS the time calculation for validity starts from the time the invoices are received whereas if the invoices are received post 1400 HRS the time calculation begins from 1000 HRS the next day.
13. INVOICING:
• All the invoices will be that of the manufacturer who shall be making the product (including, but not limited to) the Receipt Voucher (acknowledgment of the advance), refund and credit vouchers. The final tax invoice is issued by the manufacturer on successful payment of the revised pro forma invoice at the final stage.
• All Service Provider commission of the Site will be claimed or acknowledged via a separate invoice.
14. INVOICE REVISION:
At the time of final payment, once in an order and to a maximum limit of three times in a year the Retailer can choose Invoice Revision, after which the revised pro forma along with the Site pro forma will be cancelled and the Retailer can select any date upto the next ten days for the new revised pro forma to be raised. The manufacturer will then at the earliest starting from the “selected dated” will generate the revised pro forma with revised rates. The users accept and acknowledge that the rate may be higher or lower. The payment time for the new revised pro forma will be as per usual course. The revised pro forma option cannot be clubbed or carry forwarded.
15. CUSTOMIZATION
The Site will have a list of standard customisations provided against each product as may be applicable, the same can be selected by the Retailer when adding a product to the cart with the desired customisation. However, owing the customization, the consequent change in weight of the product, if any, the same shall be reflected in the final invoice. The user can also request for any change not part of standard changes through – ‘custom customisation’ tab provided the same if approved, by the manufacturer, after which the said product will be added as a new product and will be available for purchase.
16. BOOKING AMOUNT
The User unconditionally consents to the following booking amounts;
• Booking amount for Normal Products is 15%.
• Booking amount for Premium Products is 50%.
The User assents that the booking amount acts as a simple advance and does not block any rate.
17. ELIGIBILITY FOR MEMBERSHIP AND ABILITY TO ACCEPT TERMS OF USE OF SERVICE
To be eligible for Membership, you must meet the following criteria and you represent and warrant that you:
• are of the age of majority in your country of residence; or
• are Retailer or an Industry Professional Entity (*) meeting the criteria established by us to qualify for membership as set forth in this Agreement or in any legal notice; or
• are the Registering Adult (as defined in “Special Note About Minors”) registering and maintaining a Membership on behalf of a minor;
• are not currently restricted from using the Services or not otherwise prohibited from being a User;
• have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party or any applicable law;
• ar.me not a competitor of www.acsjewels.comor are not using the Site for reasons that are in competition with www.acsjewels.com;
• will respect and not violate any rights of www.acsjewels.com, including www.acsjewels.com copyrights, trademark rights, and other intellectual property rights; and
• Are solely responsible for any and all equipment, software, and Internet access necessary to use the Site and any associated costs.
During the Membership registration process, you will be prompted to provide personal information that allows us to know who you are, such as your full name, age, street address, email address and phone number, as well as additional optional information that may be required by www.acsjewels.com (collectively, “Registration Information”).
By using the Site, you represent and warrant that:
(i) All Registration Information that is submitted by you is truthful, accurate, current and complete;
(ii) You will maintain the accuracy of such Registration Information by updating and revising it promptly; and
(iii) Your use of the Site does not violate any applicable law or regulation of the country of which “User” would be the resident of.
You authorize www.acsjewels.com to make any inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information. www.acsjewels.com reserves all rights to take legal action against anyone who provides inaccurate, false or incomplete personal information or is otherwise untruthful about their identity, and to suspend or cancel a Membership established using such information. Notwithstanding the foregoing, you acknowledge that www.acsjewels.com cannot guarantee the accuracy of any information submitted by any User of the Site, including any identity information about any User.
18. SPECIAL NOTE ABOUT MINORS
We do not allow individuals or members of Groups who are under the age of majority in their country of residence (a “minor”) to directly establish their own www.acsjewels.comon the Site. All Users who are minors may only post www.acsjewels.com on the Site if they are represented by an Industry Professional Entity, parent or legal guardian who has registered on their behalf and who maintains the www.acsjewels.com on their behalf (“Registering Adult”). We reserve the right to add special protections, including to track and record visits/views of the Membership accounts of Users who are minors for security purposes.
Although we cannot absolutely control whether minors gain unauthorized access to our Site, www.acsjewels.com, your www.acsjewels.com may be deactivated and your Membership may be terminated without warning if we believe that you are a minor in your country of residence and we do not have satisfactory proof or assurances that your Membership is maintained on your behalf by a Registering Adult.
19. MEMBERSHIP SECURITY AND UNAUTHORIZED USE
You are fully responsible for all activities conducted through your Membership and www.acsjewels.com. During the registration process you will also be provided a passkey. You are entirely responsible for maintaining the security of your password. You agree not to use another Member’s account or password at any time, not to let an unauthorized third party use your membership, and not to disclose your password information to any unauthorized third party. You agree to notify www.acsjewels.com immediately in the event of any unauthorized use of your Membership or access to your password takes place. Your disclosure of your password to any other person is entirely at your own risk.
Although www.acsjewels.com will not be liable for your losses caused by any unauthorized use of your Membership, you may be liable for our losses or the losses of others as a result of such unauthorized use until such time as you terminate your Membership account or prove that your account security was compromised due to no fault of your own.
20. www.acsjewels.com PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy which is incorporated by reference into and made a part of this Terms of Service. By giving or making available the Registration Data and such other information about yourself to us, you agree and acknowledge that we may use or release such information as specified in the Privacy Policy, and that you give consent to such use or disclosure. For more information, please see our full privacy policy at https://www.acsjewels.com/privacy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information and use by www.acsjewels.comand its affiliates.
21. COPYRIGHT, TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
The trademarks, logos, and service marks, including but not limited to *www.acsjewels.com and other names, logos, and icons identifying products and services (collectively, “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of www.acsjewels.com, its affiliates, suppliers or others. Certain portions of the Site are identified as being the subject of a specific copyright held by an entity other than www.acsjewels.com and as such, may not be copied without the permission of the holder of the copyrightwww.acsjewels.com hereby authorizes you to copy the Materials published on this Site exclusively for non-commercial use by “User” personally or within your organization provided you retain all copyright and other proprietary notices contained in the Materials and you do not modify the Materials. No other use of the Materials is authorized. In consideration of this authorization, you agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. You may not copy or display for redistribution to third parties or for commercial purposes any portion of the Materials. The services, technology, and/or processes described in this Site may be the subject of Intellectual Property Rights, Trade Secrets etc. and is reserved by www.acsjewels.com or any other third parties. Nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title or ownership of or to any intellectual property right of www.acsjewels.com or any third party whatsoever.
22. MEMBER CONDUCT
You understand and acknowledge that all information, data, text, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the Manufacturer from which such Content is obtained or originated. This means that you the User and the Manufacturer, and not www.acsjewels.com are entirely responsible for all is posted, emailed or otherwise transmitted at all given times. www.acsjewels.com does not control the Content posted via any other Service and as such, cannot and does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we or our licensors, suppliers, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted and www.acsjewels.com at all given times reserves its right in equity and law to initiate prosecution or help any law or governmental agency in such investigation at your cost, risk and peril.
Without limiting the foregoing, www.acsjewels.com and its designees shall have the right to remove any Content that we believe in good faith violates the Terms of Service or that has been alleged to infringe any intellectual property or against the sovereignty of the nation or that is otherwise objectionable in our sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by www.acsjewels.com or submitted to www.acsjewels.com, including without limitation information in www.acsjewels.com Message Boards, www.acsjewels.com Groups, and in all other parts of the Service.
You acknowledge and agree that www.acsjewels.com may preserve Content and may also disclose Content if required to do so by law of the land or in the good faith belief that such preservation or disclosure is reasonably necessary to:
i. Comply with legal process of the land including but not limiting to Court Orders and Injunctions;
ii. Enforce the Terms of Service;
iii. Respond to claims that any Content violates the rights of third-parties;
iv. Respond to your requests for customer service; or
v. Protect the rights, property, or personal safety of www.acsjewels.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve
i. Transmissions over various networks; and
ii. Changes to conform and adapt to technical requirements of connecting networks or devices
23. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding use of the www.acsjewels.com Services and transfer, posting, servicing may be subject to the export and import laws of the India.
24. CONTRIBUTIONS TO www.acsjewels.com
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to www.acsjewels.com through its suggestion or feedback App/Web Pages, you acknowledge and agree that:
• Your Contributions do not contain confidential or proprietary information;
• www.acsjewels.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
• www.acsjewels.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
• www.acsjewels.com may have something similar to the Contributions already under consideration or in development;
• Your Contributions automatically become the property of www.acsjewels.com without any obligation of www.acsjewels.com; and
• You are not entitled to any compensation or reimbursement of any kind from www.acsjewels.com under any circumstances.
25. www.acsjewels.com INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software or the Content (excluding Content owned by you), in whole or in part.
26. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
1. You’re accessing or use of the service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. We and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties 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.
2. www.acsjewels.com and its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees make no warranty that
(i) The service will meet your requirements,
(ii) The service will be uninterrupted, timely, secure, or error-free,
(iii) The information, content or advertisements (collectively, the “materials”) contained on, distributed through, or linked, downloaded or accessed from or through the service, or the results that may be obtained from the use of the service, will be accurate or reliable,
3. Any material obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, mobile telephone or other access device or loss of data that results from the download of any such material.
27. DESCRIPTION OF GOODS
Some items may appear slightly larger or smaller than actual size, color, design due to screen defaults and photography techniques. Sometimes the items may be represented larger than the actual size in order to clearly show details or smaller than the actual size in order to show the entire item. The Company shall not be liable for any legal action on this account. By your clicking yes to the terms and conditions, you agree and undertake to waive off such objections.
28. RBI MANDATES FOR PAN CARD AND CASH ON DELIVERY
1. PAN CARD proof is mandatory for orders above Rs. 2,00,000 (Rupees Two Lacs Only). Order will be cancelled if the User fails to produce the same.
2. Cash on Delivery is not allowed on orders above Rs. 49,999 (Rupees Forty-Nine Thousand Nine Hundred and Ninety-Nine Only).
29. LIMITATION OF LIABILITY
You expressly understand and agree that we and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees shall not 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 (even if we or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, have been advised of the possibility of such damages), resulting from:
(i) The service, the materials and the products;
(ii) The use or the inability to use the service;
(iii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
(iv) Unauthorized access to or alteration of your transmissions or data;
(v) Statements or conduct of any third party on the service;
(vi) Any goods or services disposed of or messages sent or received using the service; or
(vii) Any other matter relating to the service, the materials or the products.
30. EXCLUSIONS AND LIMITATIONS
You acknowledge that the disclaimers and exclusions of liability set forth in the above sections and represent a fair and reasonable allocation of the risks and benefits of the agreement between you the User and Manufacturer, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the said risks. You the User further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
31. CANCELLATION POLICY
At the outset, the Retailer acknowledges and understands that any cancellation done will be subject to certain deductions and charges and accordingly by transacting on the websites unconditionally agree to the same. The Retailer further understands that such deduction shall be deducted from the Performa invoice and Revised Performa invoice as per the applicable rate by Manufacturers/ www.acsjewels.com or both, as the case maybe.
For ease of reference and only for indicative purposes, details of such scenario where any form of deductions may be applicable is being iterated. Such scenarios are merely indicative, non-binding and may be changed in the future, the Retailer by doing such transaction undertake to hold the Manufacture/ www.acsjewels.com and further indemnifies the www.acsjewels.com for any third party liability, in addition to clauses reproduced below
Scenario-1
In the event, when a Retailer placed an order and the same is cancelled within a period of two (2) hours from the confirmation of order, then the www.acsjewels.com would deduct a sum of 0.50% of the order value plus an amount of 100 INR (“Cancellation Charges”) towards process fee, it is clarified that the Cancellation Charges may change from time to time and the www.acsjewels.com shall endeavour on a best effort basis update the terms of the cancellation policy within a period of 60 days from such a change.
Post deduction of the aforestated amount, tax invoices will be issued by www.acsjewels.com for the total Cancellation Charges so charged which is also reflected in the Manufacture Settlement Account with a copy to the Retailer. In the event, the Retailer wishes to utilise the balance amount with the same manufacturer, he can do so with a period of 11 months, failing which the balance amount post deductions will be refunded to the original source account. In the event, the Retailer wishes to take the back the same, then the balance amount post deductions will be refunded in the similar manner as aforestated.
Scenario-2
In the event, when a Retailer placed an order and the same is cancelled post a period of two (2) hours but before the tax invoice is generated from the time of transaction, then the www.acsjewels.comwould deduct its Cancellation Charges while the Manufacture will deduct as per the timeline/preparation of the product. It is clarified that the Cancellation Charges may change from time to time and the www.acsjewels.com shall endeavour on a best effort basis update the terms of the cancellation policy within a period of 60 days from such a change.
Post deduction of the aforestated amount, 2 tax invoices will be issued by www.acsjewels.com and the Manufacture respectively, where the www.acsjewels.comfor the total Cancellation Charges so charged and thereafter the balance amount will be added to the relevant Manufacture Settlement Account with a copy to the Retailer. Similarly, the Manufacturer would upload its invoice of cancellation charges on the portal of www.acsjewels.com. In the event, the Retailer wishes to utilise the balance amount with the same manufacturer, he can do so with a period of 11 months, failing which the balance amount post deductions will be refunded to the original source account. In the event, the Retailer wishes to take the back the same, then the balance amount post deductions will be refunded in the similar manner as aforestated.
Scenario-3
In the event, a cancellation is done by the Manufacturer for any reasons whatsoever post a Retailer places an order. Then in such an event, the Retailer will be refunded 100% of the advance /booking amount. However, the Manufacturer will pay to the www.acsjewels.com the Cancellation Charges for the said transaction.
It is clarified, once the Manufacturer accepts the order and raises an invoice, no cancellation can be done by the Manufacturer, except in the manner afforested, such cancellation can be done by the Retailer.
Scenario-4
In the event of invoice revision, The Manufacturer may generate and share Revise Performa Invoice with the Retailer and a Performa Invoice with www.acsjewels.com owing to certain revisions opted. Then all previous Performa Invoice will stand cancelled and the Revise Performa will be raised as a fresh transaction as aforestated. It is clarified, in this revision, there will be no refund or deductions to the Retailer unless opted by one of mechanism as aforestated.
Scenario-5
In the event of return of an item with an acceptable reasons as stated in the present document. The system of the www.acsjewels.com, will auto-generate the credit voucher based on the items so returned and pursuant to the values of (rate and weight) inclusive of taxes provided in the revised Performa Invoice against which the final payment was made by the Retailer.
A credit note will be generated by the Manufacturer of the Refund Amount and uploaded to the portal of www.acsjewels.com.
The Voucher would only get active once such a credit note is uploaded by the Manufacture and processed by the www.acsjewels.com which would be done in minimum duration 15 days and maximum of 45 days.
32. NO PARTNERSHIP/AGENCY
This Agreement is on a principal-to-principal basis between the User and the Manufacturer and nothing herein shall constitute or be deemed to constitute a partnership or a principal-agent relationship between the www.acsjewels.com hereto and neither shall have any authority to bind the other in any way for such reason.
33. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Services, there shall be no third-party beneficiaries to this agreement.
34. NOTICE
Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the Terms of Services or other matters by displaying notices or links to notices to you generally on the service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein.
35. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
www.acsjewels.com respects The Intellectual Property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide www.acsjewels.com/ 's Support Staff the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
f. A statement by you, made under penalty of perjury as per the Indian Penal Code, 1860, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf so as to safeguards of www.acsjewels.com falling under the Penalties of the law of the land subjected but not limited to the Patents Act, 1970, Trademarks Act, 1999, Copyright Act, 1957, Design Act, 2000 and other acts applicable.
36. GENERAL INFORMATION
1. Entire Agreement. The Terms of Service constitutes the entire agreement between User and www.acsjewels.com and govern your use of the Service, superseding any prior understandings and agreements between User and www.acsjewels.com and any previous statements or representations from either party to the other party. The Terms of Service do not apply to any affiliate services, third-party content or third-party software that does not or cannot reasonably be deemed to form part of the Service which may be provided to you by our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
2. Governing Law and Jurisdiction. The Terms of Service and the relationship between User and www.acsjewels.com shall be governed by the laws of India without regard to its conflict of law provisions. User and www.acsjewels.com agree to submit to the personal and exclusive jurisdiction of the courts located at New Delhi, India.
3. Arbitration. If any dispute arises between User and www.acsjewels.com during your use of the App/Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, Terms of Services or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by www.acsjewels.com. Furthermore, by signing the present agreement, the parties waive the applicability of Section 12(5) of the Arbitration Act in the adjudication of the present agreement by the Sole Arbitrator. The place of arbitration shall be at New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
4. Waiver and Severability of Terms. The failure of www.acsjewels.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 the Terms of Service remain in full force and effect.
5. No Right of Survivorship and Non-Transferability. You agree that your www.acsjewels.com account is non-transferable and any rights to your www.acsjewels.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
6. Law of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
37. VIOLATIONS
Please report any violations of the Terms of Services to our Grievance Officer/ Support Staff at their email [*].com.
38. FEES
You acknowledge that we reserve the right to charge for use and/or access to some or all aspects of the Site or for Services. ACS charges a processing fee/bank charges to the tune of Rs. 100 + GST. If you purchase any Services that we offer for a fee, either on a one-time or subscription basis (“Paid Services”), you agree that www.acsjewels.com (or its authorized service providers) may store your payment card information, in accordance with our Privacy Policy. You also agree to pay the applicable fees for the Paid Services (including, without limitation, periodic fees for paid accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your subscription to the Paid Services. The annual subscription fee is non refundable.
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.
BY USING THE WWW.ACSJEWELS.COM AT ANY GIVEN TIME YOU AGREE TO OUR TERMS AND CONDITIONS.
