Terms of use

Terms of use

Your use of www.srkconsultants.co.uk and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as "the Website" which expression shall include and successor or replacement website) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon your each visit or usage of the Website or upon your registration or upon you providing any information on the Website. In this User Agreement, you are contracting with SRK Consultants Limited, hereinafter referred to as "the Platform" which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.

For the purpose of the User Agreement, Registered User / Visitor and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User using the computer systems of the Website or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User. The term and expression You shall unless the context otherwise require shall and include your legal heir, receivers, successors, liquidators and permitted assigns.

As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and /or on the 'continue button' and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "check box" and on the "continue" button or any other button and do not seek to obtain access to or otherwise use the Website.

Amendments to the User Agreement: The Platform may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time Platform posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.

Important Disclaimers: The following disclaimers by the Platform are the key to determine any relationship between You and the Platform for Your use of the Website and for Platform providing any services on the Website:

Platform and its suppliers, affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.

Platform, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.

The Website is only a venue where users may meet and interact with one another for their transactions. Platform is not and cannot be a party to or control in any manner any transaction between two users of the Website. Platform neither recommends You to buy or sell any goods or services on the Website nor endorses any such goods or services nor provides any guarantee, warranty or assurance with respect to any goods or services made available on the Website. Further, Platform does not guarantee, warranty or provide any assurance on the behaviour of any user of the Website including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner. Save as otherwise provided in the clause titled "Limitation of Liability", Your sole and exclusive remedy and Platform's sole and exclusive responsibility and liability is to provide You necessary information (subject to Privacy Policy and applicable laws) for You to deal with other users of the Website with respect to any dispute.

The Platform provides certain independent services to facilitate the transactions between users of the Websites and such independent services may include listing management, warehousing services, logistics services, making available courier services and making available certain gems and jewellery certification services, payment facilitation through nodal bank(s) under applicable laws. You understand, agree and acknowledge that the Platform will engage independent third party service providers to perform these services. The Platform may on reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Platform will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform and in such an event the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled "Limitation of Liability".

You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.

Electronic Communications

When You use the Website or send emails or other data, information or communication to the Platform, You agree and understand that You are communicating with the Website and Platform and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Platform and all other Registered Users and Visitors and as and when posted, communicated or required.

Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your 'designated electronic address' and the Platform, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Platform as provided from time to time in various hyperlinks on the Website.

Your Account And Registration Obligations

If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Platform has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.

Fees And Services.

Membership on the Website is free. Platform does not charge any fee for browsing, bidding and buying on the Website. However, before you list an item for sale through the Website, You shall be subject to such Platform fees as mentioned in the Platform Fee Policy ("Platform Fee"). You are recommended to review Platform Fee each time before listing any item for sale on the Website. Platform reserves the right to change its Platform Fee and/or Platform Fee Policy from time to time. Changes to the Platform Fee and Platform Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in GBP and be payable to the Platform within such time as specified in the invoice.

Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

Non-payment: Platform reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of Platform Fees. Platform also reserves the right to take legal action in case of non-payment of Platform Fees. Use of the Website

12.1. You understand and agree that Platform and the Website merely provide services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by or on behalf of Registered Users and are third party contents. The Website also contains various third party user generated content and material. The Platform neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Platform has no control over the third party user generated contents.

Platform for Communication: The Website is only a venue where users may meet and interact with one another for their transactions. Platform is not and cannot be a party to or control in any manner any transaction between two users of the Website.

All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Platform does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Without prejudice to the foregoing, the Platform may provide certain transaction support services to seller and buyers of the website as provided in various rules and policies on the Website.

Platform is not responsible for any non-performance or breach of any contract entered into between users. Platform cannot and does not guarantee, warrant, assure or ensure that the users will perform, undertake, consume or conclude any transaction concluded on the Website. Platform shall not and is not required to mediate or resolve any dispute or disagreement between users.

Platform does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Platform does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Platform accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Platform does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the Website and use your best judgment in that behalf.

Platform is only providing a platform or venue for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over the items vest with Platform nor shall Platform have any obligations or liabilities in respect of such contract, except for certain transaction support services as provided in various rules and policies on the Website.

Platform is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.

You release and indemnify Platform and/or any of its shareholders, directors, officers, personnel and representatives from any cost, damage, liability or other consequence of any of the actions of Your on the Website and specifically waive any claims that you may have in this behalf under any applicable law.

Platform cannot control the information provided by other users which is made available on the Website. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Privacy

The Platform collects, stores, processes and use Your information in accordance with Platform Privacy Policy. By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Platform in accordance with Platform Privacy Policy.

Payment Facility

Platform may from time to time contract with third party payment service providers to facilitate the payment between users i.e. buyers and sellers and for collection of Platform Fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.

Conclusion of transaction between buyer and seller on the Website: Payments to all sellers will be made on T + 3 days basis (where "T" is the date of completion of transaction).

For Pre-Paid Orders: The date of transaction 'T' is defined as the date on which the shipping details are entered into the Website.

For Cash On Delivery Orders: The date of transaction 'T' is defined as the date when the Platform receives the money into its nodal bank account from the courier or cash on delivery service provider.

Breach

Without limiting other rights and remedies, Platform may limit your activity, immediately remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

16.1. If you breach the User Agreement or any terms or policies of the Website;

16.2. if your actions may cause legal liability for you, other users or Platform.

Platform may at any time at its sole discretion reinstate suspended users. Platform reserves the right to recover any amounts due and owing by you to Platform and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Selling

You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users in any manner.

No Warranty And Disclaimers

Platform and its suppliers, affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.

Platform, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.

Limitation Of Liability

In no event shall Platform or its affiliates and service providers be liable for any indirect, incidental, special, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence or under torts or under public policy).

In addition to any limitation of liability and various disclaimers provided elsewhere in this User Agreement, Platform's entire liability and Your sole and exclusive remedy in any circumstance is limited to the following:

If You are a seller on the Platform: an amount of Platform Fees, if any, paid by You as seller on the Website to Platform for the transaction under dispute.

If You are a buyer: the Platform's entire liability and your sole and exclusive remedy in any circumstance is limited to exercise its reasonable efforts to enable to You get the refund of the product price from the seller on the Website.

Other than the aforesaid, Platform shall have no liability to You.

Indemnity You shall fully indemnify, keep indemnified, defend and hold harmless Platform and Platform's shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.

General None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Platform and You shall have no authority to bind Platform in any manner whatsoever nor shall Platform have any authority to bind you in any manner whatsoever. All the services provided by the Platform shall be as independent contractor and on principal to principal basis.

If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

This Agreement sets forth the entire understanding and agreement between You and Platform with respect to the subject matter hereof.

In Plaform's sole discretion, Platform may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Platform on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.

Governing Law
This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Platform shall be governed and construed in accordance with the laws of United Kingdom.

Arbitration

If any dispute arises between You and Platform during Your use of the Website or Your dealing with the Platform in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Platform. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Mumbai. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.

Disclaimers:
SRKConsultants is not responsible for any typographical error leading to an invalid coupon. SRKConsultants does not guarantee that any one or more listings on www.srkconsultants.co.uk or the desired listings of the Users would have E-Coupon as the payment option. SRKConsultants is neither recommending you to purchase the specific item which you intend to purchase or actually purchase using E-Coupon nor SRKConsultants is warranting or endorsing any product or services listed on www.srkconsultants.co.uk nor warranting or verifying or guarantying the performance or conduct of any seller or of any third party. SRKConsultants shall not be liable for any lost or stolen E-Coupon and E-Coupons once issued shall not be reissued. SRKConsultants makes no representation or warranties of any kind regarding any product or service provided by any third party in connection with any E-Coupon and shall not be responsible for any costs, damages, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of E-Coupons. Limitation of Liability: Under no circumstances SRKConsultants's liability shall exceed giving the User a replacement E-Coupon of the same nature and of the same value. These terms and conditions are subject to United Kingdom laws and any dispute shall be subject to jurisdiction of the courts in United Kingdom only.

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