Terms & Conditions

This User Agreement (“Agreement”) dated 18th day of October, 2016 (“Effective Date”) comprising of rules and regulations and privacy policy is published in compliance with the statutory requirement under the Information Technology Act, 2000 and Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 as applicable and amended from time to time. This Agreement does not require any physical or digital endorsement by signature. By accessing this website www.rosethewatchbar.com (“Website”) (whether or not using the services/purchasing the products), you have agreed to the terms and conditions of this Agreement. You may choose not to access the Website if you do not agree with the contents of this Agreement.

 

Use of Personal Information

This Website is owned and controlled by Aarti Jewellers Private Limited and we at Aarti Jewellers Private Limited (“we”/”us”/”our”) respect your privacy and always endeavour to take due care with respect to the confidentiality of personal information shared by you on our Website.

This Agreement comprising of the Privacy Policy herein provides concisely, the manner in which your data is collected and used by us on the Website. As a customer/visitor to the Website (“you”/”your”) you are advised to please read this Agreement carefully. By accessing the services provided by the Website you have agreed to the collection and use of your data by us in the manner provided in this Agreement.  

 

Services overview

As part of the registration process on the Website, we may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, postal code, demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the Website you visit/access, the links you click on the Website, the number of times you access the Website and any such browsing information.

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. below 18 years of age but at least 13 years of age you may use the Website only under the supervision of a parent or legal guardian who agree to be bound by this Agreement. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited under applicable laws. We reserve the right to terminate your membership and/or refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years.

 

Website Access

We permit you a limited access and personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This permission does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You specifically agree that you shall not reproduce, duplicate, copy, sell, resell, visit, and/or otherwise exploit for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of Aarti Jewellers Private Limited and its affiliates without express written consent. You may not use any Meta tags or any other "hidden text" utilizing the www.rosethewatchbar.comor Aarti Jewellers Private Limited’s name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us.

 

Account & Registration Obligations

All customers have to register and login for placing orders on the Website. You have to keep your account and registration details current and correct for communications from the Website. By agreeing to the terms and conditions, you agree to receive promotional communication and newsletters upon registration. You can opt out either by unsubscribing in "My Account" or by contacting the customer service. 

 

Pricing

All the products listed on the Website will be sold at MRP unless otherwise specified. However no purchase orders are accepted through the Website and the products can be purchased at the retail outlets indicated on the Website.

You Agree and Confirm

  1. That you will use the services provided by the Website, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website.

  2. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.

  3. That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction on the basis of information provided on this Website.

  4. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

  5. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

You agree that you shall not use the Website for any of the following purposes:

  1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

  2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

  3. Gaining unauthorized access to other computer systems.

  4. Interfering with any other person's use or enjoyment of the Website.

  5. Breaching any applicable laws;

  6. Interfering or disrupting networks or websites connected to the Website.

  7. Making, transmitting or storing electronic copies of materials protected by copyright or other Intellectual Property Rights without the permission of the owner.

  8. Deceive or mislead and/or provide any contact information which is incorrect or communicate any information which is grossly offensive or menacing in nature,

  9. Impersonate any person.

 Colours

We endeavour to make every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

 

Modification of Terms & Conditions of Service/ User Agreement

We may at any time modify the Terms & Conditions of Use/ User Agreement without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Website. You should regularly review the Terms & Conditions on the Website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using this Website. However, if you continue to use the Website you shall be deemed to have agreed to accept and abide by the modified Terms of the User Agreement.

 

Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by us and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai. The High Court of Mumbai alone shall have the jurisdiction and the Laws of India shall apply.

 

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant to us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

 

Copyright & Trademark

We, our suppliers and licensors expressly reserve all intellectual property rights including but not limited to copyrights, trademarks, design rights etc. in all text, programs, products, processes, technology, content and other materials, which appear on the Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license to use any of our or any third party's intellectual property rights. All rights, including copyright, in and to the Website are owned by us.

Any use of this website including but not limited to its contents, by way of copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the our express permission. You agree, understand and undertake that nothing contained herein grants in your favour any right to modify, distribute or re-post anything on the Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Aarti Jewellers Private Limited, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely for the purpose of convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party websites and do not make any representations regarding the content or accuracy of material on such Website. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Aarti Jewellers Private Limited or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents including the copyrights, trademarks, trade dress and/or other intellectual property on the Website are owned, controlled or licensed by us, one of its affiliates or by third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is our exclusive property and is also protected by Indian and international copyright laws.

 

Objectionable Material

You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law. You agree, understand and acknowledge that we and our affiliates shall not assume any liability for Content that may be deemed offensive, indecent, or objectionable to you. 

 

Indemnity

You agree to defend, indemnify and hold harmless the Website and Aarti Jewellers Private Limited, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Website or us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

 

Communications

When you use the Website or communicate with us, you agree and understand that You are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

 

 Reservations
  1. We reserve the right to impose limits on the number of transactions or transaction price which we may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual customer during any time period, and reserve the right to refuse to process transactions exceeding such limit.

 

  1. We reserve the right to refuse to process transactions by customers with a prior history of questionable charges including without limitation breach of this Agreement by customer or breach/violation of any law or any charges imposed by issuing Bank or breach of any policy.

 
  1. We may delay notifying the payment confirmation i.e. informing seller to dispatch, if we deem suspicious or for buyers conducting high transaction volumes to ensure safety of the transaction and transaction price. 

 

Disclaimer

It is agreed and understood by you that all contents of the Website are offered on an "as is" basis without any warranty whatsoever either express or implied by us. You further understand and acknowledge that we make no representations and/or warranties, express or implied, including without limitation originality, purity and freshness for a particular purpose. You understand that we disclaim all warranties, express or implied, you agree and acknowledge that by using this Website, you agree and understand that your use of this Website is and shall be solely at your own risk. We do not, directly or indirectly guarantee you that the functions of this Website will be uninterrupted and/or error- free.

 

Limitation of Liability

You agree, understand and acknowledge that neither we nor any of our affiliates, employees, directors, officers, agents shall be liable/ deemed to be liable to you or to any other person for any direct, indirect, special, incidental or consequential damages of any nature arising out of or in connection with the use of and/or inability to use the Website including but not limited to damages that may be occasioned to you for reasons of loss of data, accuracy of results or computer failure or malfunction. Subject to the foregoing, you specifically agree, understand and acknowledge that in no event will we be liable for any damages in excess of the fees paid by you in connection with your use of the Website.

 

Termination

This User Agreement shall remain in effect unless and until terminated by us. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, Such termination will be without any liability to us. Upon any termination of the User Agreement by us, you must promptly destroy all materials downloaded or otherwise obtained from this Website as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any comments/ information shared by you shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.