Web Policy

EVES24 USER AGREEMENT
(“TERMS OF USE” OR “USER AGREEMENT”)

1.  INTRODUCTION :

Eves24 is a novel and exclusive start up business model of Akhuratha Lifestyle Services Pvt. Ltd.; to make high value Jewellery easily accessible and affordable.

1.1  Scope and Intent :

These Terms and conditions governs your access of and/or use of the Website and/or all services related thereto offered by Akhuratha Lifestyle Services Pvt. Ltd. (“Akhuratha” “Eves24” “Eves24.com” “we,” “our” or “us”) which shall constitute a binding Agreement between you and Akhuratha, so please carefully read them before registering or accessing or using the Website. By access and/or use of the Website you agree to and accept the terms of the User Agreement and our Privacy Policy. If an individual is accessing and/or using the Website (“you”, “your”) then he/she is deemed to have accepted and shall be bound by these Terms and Conditions and the individual accessing warrants that he/she has the authority and is legally entitled to use the same. By accessing the Website you expressly agree to accept these Terms and you shall be bound by them unconditionally. If you do not agree with these Terms, do not access and/or use the Website. The User Agreement along with the Privacy Policy are collectively referred to as “Terms of Service”. By use and access of the Website, you agree to all the Terms of Service and are entering into a legal Agreement with us.

2.  YOUR OBLIGATIONS :

2.1  Applicable laws and this Agreement :

You will comply with all the applicable laws as amended from time to time that apply to you in respect of use of the Website. If any law restricts your use to the Website then you will not be authorized to use the same and if used against the applicable law then you are solely responsible for your activities and indemnify us against all claims in this regard.

2.2  Service Eligibility :

You must be at least 18 years old to use the Website and its Service.You represent and warrant as under:

• You are at least 18 years old or above
• You shall maintain only one account at any given time
• You shall provide true and correct information to us
• You have not violated any third party rights or any applicable law

2.3  Your Profile Information :

You are solely responsible for maintaining the confidentiality of your Account, your user ID, your password and all your other login information and you are fully responsible for all activities that occur under or in your Account. You shall not share your user ID, your password and all your other login information with anyone. You shall not use others accounts. We cannot and shall not be liable for any loss or damage arising from your failure to comply with the above requirements or conditions or any unauthorized access or use of your Account including but not limited to by way of hacking.

2.4  Indemnification :

You hereby agree to indemnify, defend, and hold Eves24, Eves24’s distributors, agents, representatives, and other authorized users and each of the foregoing entities respective resellers, distributors, service providers and suppliers and all of the foregoing entities respective officers, directors, owners, employees, agents, representatives harmless from and against any and all losses, damages, liabilities and indemnified absolutely and forever, from any claim or demand made by any third party including costs and attorneys’ fees, due to or arising out of:

• Your use of the Website including all or any services provided therein. Your violation of the Terms and Conditions of the User Agreement, Privacy Policy; and/or
• Your violation of applicable laws or regulations.
• We reserve the right, at our sole discretion and at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You shall be liable for all losses, damages arising out of your use of the Website.

2.5  Notify us of acts contrary to the Agreement :

You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security.

2.6  Privacy :

Please refer to our Privacy Policy.

2.7  Your Contributions :

By providing your valuable feedback regarding our Website you agree that we are under no obligation of confidentiality expressed or implied with respect to your information. We are entitled to use and disclose all the information for any purpose in any way in any media now known or invented in future throughout the world. You, irrevocably provide us a non-exclusive royalty free license to use the same. You are not entitled to any compensation, reimbursement of any kind under any circumstances.

2.8  Prices :

Our pricing is calculated using current precious metal and gem prices to give you the best possible value. These prices do change from time to time, owing to the fluctuations in prices of precious metal and gem prices, so our prices change as well. Prices on the website are subject to change without notice. Please expect to be charged the price for the product you buy as it is listed on the website on the day of purchase.

2.9  Orders placed through Website :

You agree, acknowledge and confirm that any and all orders placed by you on this Website shall constitute a firm commitment to purchase on your part and you are bound & obligated to complete the transaction and not contest it in any way. You shall place the order(s) for the Product(s) by following the Ordering Procedure in order to purchase the Product at the price indicated in the Website and on the terms and conditions indicated therein. You shall make payment by following the Payment Procedure.

2.10  Restrictions on use of Website :

Your personal and non-commercial use of this Website shall be subjected to the following restriction (i) you may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (ii) you may not decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.

You will not (a) use any product or service available on the Website and / Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website and / or Services in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

3.  OUR RIGHTS & OBLIGATIONS :

3.1  Availability of Services on the Website :

We shall use our best endeavors to continue to offer the services on the said website and from time to time update and improve the same, but we are under no obligation to continue the same and if the services offered are modified, replaced, discontinued partially or entirely then we shall not be held liable for the same.

3.2 Third Party Content, Sites and Developers :

You may be exposed to third party website and information that may be inaccurate, misleading, illegal, incomplete, offensive or harmful. You accept and acknowledge that we shall not be responsible for such information or any kind of damage or loss that may have incurred to you as a result of use of such information. You shall solely be responsible for evaluating whether you wish to accept or use the third party website, information and services. You should review all the applicable terms and the privacy policy of such use before using it or sharing any information to it because you may give third party permission to use the information in ways we would not know. We are not responsible nor do we endorse any feature, content, advertising product or any other third party material available on the said website. The use of the website and the services offered thereunder is entirely at your own risk and you agree that the use of website and the services offered thereunder is on ‘As is Where is’ basis without any warranty form us.

3.3  Intellectual Property Notices :

We reserve all the intellectual property rights in the Website and the content thereof including but not limited to logos, trademarks, service marks, graphics and logos used in connection with the Website and our Services. All content on this Website, including text, graphics, images, and logos, is our property and is protected by laws and regulations. In addition, we own a copyright on this site as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of this Website's content. Except as expressly provided herein, we do not grant any express or implied right to you. We reserve the right to protect its intellectual property rights to the fullest extent of the law.

4.  DISCLAIMER :

Warranty and disclaimer :

• You agree and acknowledge that in the Website all Product(s) are offered only at our sole discretion for a restricted time and only for the available supply/till stock lasts.
• You agree, acknowledge and confirm that before placing any order, you shall check the Product description and price carefully and shall only place the order after you are fully satisfied with the price, description, look, design and artistic work of the Product as has been displayed.
• Your use of the Website is at your own free will and you are using the same and/or placing orders with us after taking an informed decision based on your independent opinion.
• The Website and the services offered thereunder are being made available to you on an "As Is" and "As Available" basis and consequently, Eves24 and all its subsidiaries, affiliates, officers, employees, agents, partners, suppliers and Licensors disclaim all warranties of any kind, whether express, implied, statutory or otherwise including but not limited to, implied warranties on merchantability and fitness for a particular purpose including warranties or representations that the information and Content thereof is complete, accurate, reliable, timely, non-infringing to third parties, that access to the Website will be un-interrupted or error-free or free from viruses, or that or that this Website will be secure.
• Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Please check your local laws.
• We reserve the right to restrict, suspend or terminate, without notice, your access to the Website or any or all of the services offered thereunder or any feature thereof or part thereof at any time without assigning any reason.
• We may discontinue, modify or amend any feature of the Website or any part thereof without prior notice or without assigning any reason as we may in our sole discretion deem fit.
• We cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. While We makes every effort to ensure that the products are described and priced accurately, in the event that an product is deemed to be priced incorrectly, We reserve Our right to refuse the sale of that product.
• Any material downloaded or otherwise obtained through the website and / or services are accessed at our own risk and you will be solely responsible for any damage or loss of data that results from such download to your computer system.

5.  LIMITATION OF LIABILITY :

Under no circumstances, including, without limitation, negligence, shall we or our officers, directors, employees, be liable for any direct, indirect, incidental, special punitive, exemplary or consequential losses or damages of any nature whatsoever including those arising from or in connection with the access, use of or the inability to access or use this website or any or all the services offered thereunder resulting from unauthorized access to or alteration of your transmissions or data or other information that is sent or received or not sent or not received, including but not limited to, damages for loss of profits or opportunity or the like whether or not in the contemplation of the agreement arrived at herein, whether based on breach of contract, tort (including negligence), product liability or otherwise or relating to use of data or other intangibles, even if we have been advised of the possibility of such damages. You acknowledge that this is a reasonable allocation of risk. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.

6.  TERMINATION :

6.1  Rights of Termination :

We reserve our right to terminate this Agreement or your use and/or access to the Website or any part or service offered therein for any reason without notice at any time without incurring any liability to you. If we terminate your use and /or access to the Website, your account content and all other data will no longer be accessible to you through your account.

6.2  Misuse of the Services :

On any violation or misuse of these terms of service, we may at our own discretion terminate your account. If you violate the terms of service or otherwise create any risk or possible legal exposure for us we will stop providing you access of all or part of the Website to you. Misuse of the Website or any of the services rendered thereunder means violating the ‘dos’ and ‘don’ts’ as stated herein below which shall include violation of applicable law, infringement of Intellectual Property Rights. We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

6.3  Effect of Termination :

Upon termination of your account, you shall not have access to certain pages of the Website and you will not be entitled to avail of any services offered on the said Website.

7.  DISPUTE RESOLUTION :

7.1  Law and Forum for Legal Disputes :

Controlling law and jurisdiction :

• These Terms and Conditions shall be governed by and construed in accordance with the laws of India.
• Disputes arising from here from shall be exclusively subject to the jurisdiction of the courts of Mumbai.
• The User hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use and/or access of Website and the services offered thereunder or any of the Terms and Conditions set out therein.
• Any cause of action you may have with respect to your use and/or access of this Website and the services offered thereunder must be commenced within one (1) year after the claim or cause of action arises.
• If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable. We make no representation that Services being provided on the said Website are appropriate or available for use at other locations outside of India and access to them from territories where these are not permitted. If you access this website and/or use Services from a location outside India, you are responsible for compliance with all local laws.

8.  GENERAL TERMS :

8.1  Force Majeure :

We along with our resellers, distributors, service providers and suppliers are relieved of all responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond our reasonable control or any of the foregoing entities including but not limited to our respective resellers, distributors, service providers and suppliers. You further acknowledge and agree that neither us nor any of the foregoing entities respective resellers, distributors, service providers and suppliers are responsible or liable for (a) any incompatibility between the website and / or services and any other website, service, software or hardware or (b) any delays or failures you may experience with any transmissions or transactions relating to the website in an accurate or timely manner.

8.2  Severability :

If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

8.3  Notices and Service of Process :

If you desire to contact us for any reason, please email us at sales@eves24.com

8.4  Entire Agreement :

These terms of service constitute the entire Agreement between the User and us governing your use and/or access to the Website.

8.5  Amendments to This Agreement :

We reserve the right to restrict, suspend, terminate, modify, supplement or replace the terms of this Agreement without notice for use and access of the Website.

8.6  No informal waivers, Agreements or representations :

Failure to enforce any provisions of the terms of service will not constitute a waiver. If any provisions of the terms of service are found un-enforceable the balance terms of the service will remain in force and in effect.

8.7  No Injunctive Relief :

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of the Website, exploitation of any advertising or other materials issued in connection therewith or exploitation of the Website or any services offered thereunder or other material used or displayed through the Website.

8.8  Assignment and Delegation :

You cannot assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you.

9.  “DOs” and “DON’Ts.” :

As a condition to access the Website and the services offered thereunder, you agree to this User Agreement and the Privacy Policy and to strictly observe the following DOs and DON’Ts. Here’s a list of some of the specific things we ask you to do and not do on your Account:

9.1  Do undertake the following:

• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws and regulatory requirements;
• Provide accurate information to us and update it as necessary;
• Review and comply with our Privacy Policy;
• Review and comply with notices sent by us;
• You shall at all times strictly comply with the Ordering Procedure and Payment Procedure and all the terms and conditions of this Agreement;
• Use the Website in a professional manner; and
• Use your real name on your profile.

9.2  Don’t undertake the following:

• not delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
• not advertise any Products and/ or Services, solicit users to buy any Products/ Services, Sell Product or Services, or without first obtaining our express consent.
• not infringe or violate any patent, copyright, trademark, trade secret or other property right;
• not breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship;
• not constitute a breach of any person’s privacy or publicity rights, a misrepresentation of facts or hate speech;
• not contain viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
• not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the Internet which may harm the website and /or disrupt the services
• not provide any telephone numbers, last names, URLs or email addresses of other persons;
• not engage in any commercial activity or activities; Any use of this Website or its content other than for personal purposes is prohibited.
• not provide false or deceptive information;
• not allow usage by others in such a way as to violate these Terms and Conditions of the User Agreement.
• Apart from the above you shall not:
• Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address or other information that is confidential in nature;
• Create a profile for anyone other than a natural person;
• Use or attempt to use another's account or create a false identity on the Website;

10.  COMPLAINTS REGARDING THE WEBSITE :

You may report violation or any misuse of the Website or terms of service including objectionable content or behavior to us at sales@eves24.com

11.  HOW TO CONTACT US :

If you have questions or comments about this User Agreement, please contact us through mail at sales@eves24.com