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Terms of service

Terms and Conditions

1. Introduction

These Terms and Conditions (“Agreement”) govern your access to and use of WWW.HEERMAYA.COM, an e-commerce platform owned and operated by Jewels Of The Ages (“Company”, “we”, “our”, or “us”), having its registered office at Navi Mumbai, India – 410209, and its affiliates.

By visiting or transacting on www.heermaya.com (“Website”), you agree to be bound by these Terms and Conditions, the Privacy Policy, and any other policies incorporated herein by reference. If you do not agree, you may discontinue use of the Website immediately.

Your continued access or use constitutes acceptance of this Agreement and all subsequent modifications or amendments.

2. Definitions

  • “Agreement” means these Terms and Conditions, including all schedules, annexures, and policies, as amended from time to time.

  • “Website” / “Platform” / “HeerMaya” means the online shopping platform owned and operated by Jewels Of The Ages and its affiliates.

  • “User” / “Customer” / “You” means any natural or legal person who accesses, browses, or transacts on the Website.

  • “Vendor” / “Seller” / “Affiliate” means any person or entity offering products or services for sale on the Website.

  • “Products” means goods, merchandise, services, or offers listed on the Website along with their related details, warranties, and delivery terms.

3. Eligibility

Use of the Website is permitted only to individuals who are competent to contract under the Indian Contract Act, 1872.
 Persons who are “incompetent to contract” (including minors and undischarged insolvents) may not use the Website.

If you are registering or transacting on behalf of a business entity, you represent and warrant that you are duly authorized to bind that entity to this Agreement.

4. Electronic Communication

When you access the Website, send emails, or provide feedback, you are communicating electronically.
 You consent to receive electronic communications from us and agree that such communications, including notices, disclosures, and agreements, satisfy any legal requirement for written communication under applicable law.

5. Use of the Website and License

You are granted a limited, revocable, non-transferable license to access and make personal, non-commercial use of this Website.

You may not:

  • Modify, copy, or reproduce any part of the Website or its content;

  • Engage in resale, data mining, or automated data extraction;

  • Use framing techniques or meta tags involving the Company’s trademarks or intellectual property;

  • Create hyperlinks or references that misrepresent or disparage the Company.

Any unauthorized use terminates the permission granted under this Agreement.

6. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
 If you are under 18 years of age, you may use the Website only with the consent and supervision of a parent or guardian.

The Company reserves the right to refuse service, terminate accounts, or cancel orders at its discretion without prior notice.

7. Products and Services

All products, descriptions, prices, and information displayed on the Website constitute an invitation to offer. Your order represents an offer to purchase, subject to these Terms and Conditions.

The Company reserves the right to accept or reject any order, in whole or in part, at any time and without liability.
 All prices are denominated in Indian Rupees (INR) and subject to change without prior notice.

If a product is listed at an incorrect price, the Company may cancel the order and refund any amount paid.

8. Risk of Loss

All items purchased from the Website are shipped pursuant to a shipment contract. Risk of loss and title for such items shall pass to you upon delivery.

9. Product Descriptions and Accuracy

While the Company strives for accuracy, it does not warrant that product descriptions, pricing, or other content on the Website are complete, reliable, or error-free.
 In the event a product is not as described, your sole remedy shall be to return it in unused condition, in accordance with the applicable return policy.

10. User Conduct and Content

Users may post reviews, comments, or other content provided such content is not unlawful, obscene, defamatory, invasive of privacy, infringing, or otherwise objectionable.
 You represent that you own or control all rights to such content and that posting it does not violate any laws or third-party rights.

By submitting content, you grant HeerMaya a non-exclusive, perpetual, royalty-free, worldwide license to use, reproduce, modify, and publish such content across any medium.

The Company reserves the right, but not the obligation, to monitor and remove any user-generated content.

11. Disclaimer of Warranties and Limitation of Liability

The Website, its content, and services are provided on an “as is” and “as available” basis.
 The Company disclaims all warranties, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Company does not warrant that the Website, its servers, or communications sent from it are free of viruses or other harmful components.

To the maximum extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including loss of data, profits, or goodwill, arising from your use of the Website.

The Company’s liability, if any, shall not exceed the value of the product purchased.

12. Indemnification

You agree to indemnify, defend, and hold harmless HeerMaya, its affiliates, officers, employees, and agents from and against any claims, losses, liabilities, damages, or expenses (including reasonable attorney fees) arising from:

  • Your use of the Website;

  • Any breach of these Terms;

  • Your violation of any law or third-party rights.

13. Intellectual Property Rights

All intellectual property rights, including trademarks, logos, text, images, and software on the Website, are owned by or licensed to Jewels Of The Ages.
 Unauthorized use, reproduction, or distribution of any content is strictly prohibited and may result in civil or criminal liability.

14. Pricing, Payments, and Refunds

All transactions are processed in Indian Rupees (INR). The final price displayed in your cart is the amount payable, inclusive of taxes, shipping, or other applicable charges.

In case of incorrect pricing or non-availability of a product, the Company reserves the right to cancel your order and issue a refund.

You must use only payment instruments lawfully owned by you. The Company is not liable for unauthorized or fraudulent transactions.

15. Suspension and Termination

The Company may suspend or terminate your access to the Website without notice if:

  • You breach these Terms or any applicable law;

  • You provide false or misleading information;

  • You misuse the Website for fraudulent or illegal activities.

Termination shall not affect any accrued rights or obligations prior to such action.

16. Data Protection and Privacy

Your personal data is collected, stored, and processed in accordance with our Privacy Policy and in compliance with the Digital Personal Data Protection Act, 2023.
 By using the Website, you consent to the Company’s collection and use of your data for legitimate business and service purposes.

17. Force Majeure

The Company shall not be liable for any delay or failure to perform obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, strikes, pandemics, or system failures.

18. Dispute Resolution and Arbitration

Any dispute arising out of or in connection with this Agreement shall first be resolved amicably.
 If unresolved, such dispute shall be referred to a sole arbitrator, appointed by the Company, in accordance with the Arbitration and Conciliation Act, 1996.

The seat and venue of arbitration shall be Mumbai, and proceedings shall be conducted in English.
 The arbitrator’s decision shall be final and binding on both parties.

19. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India.
 Subject to the arbitration clause, the courts at Mumbai shall have exclusive jurisdiction over all disputes arising under this Agreement.

20. Modification of Terms

The Company reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice.
 Such modifications shall take effect upon posting on the Website. Users are encouraged to review the Terms periodically.

21. Entire Agreement

This Agreement constitutes the entire understanding between you and the Company with respect to your use of the Website and supersedes all prior communications or agreements.
 If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.

This electronic document is generated in compliance with the Information Technology Act, 2000, and does not require physical or digital signatures.

✅ Key Legal Enhancements Added

  • Compliance with DPDP Act, 2023 and E-Commerce Rules, 2020.

  • Modern arbitration and governing law clauses (Mumbai jurisdiction).

  • Explicit force majeure clause and fraud disclaimer.

  • Data protection reference aligned with your Privacy Policy.

  • Clear limitation of liability and indemnification wording (legally enforceable).