Terms & Conditions
GENERAL TERMS OF USE OF WEBSITE
These
Website (“Terms“) are published in accordance
with the provisions of Rule 3(1) of the Information Technology (Intermediaries
Guidelines) Rules, 2011. These Terms are an ‘electronic record’ as contemplated
under section 2(t) of the Information Technology Act, 2000 and the Rules
thereunder. These Terms being an electronic record are generated by a computer
system and do not require any physical or digital signatures.
DEFINITIONS
In this document, unless the context otherwise requires, the following word and
phrases shall have the meanings ascribed to them hereunder:
Affiliate
Site(s)"
shall mean webpages, websites, mobile sites, mobile application and online
platforms of sezplus, rk sezplus services pvt ltd.
Customer" means the
registered user of sezplus.coms sub sezplus.com/cad/
sezplus
account" shall
mean the account created by the Customer using Single-Sign-On Services provided
by sezplus which would give the Customer access to Affiliate Site(s) and
Merchant Site(s).
Merchant(s)" shall mean
seller(s), retailers or e-commerce marketplaces or such other business entities
which allow Customers to use sezplus account at their website, mobile site,
mobile application or establishments.
Mobile
Application(s)" shall
mean the software application(s) which inter alia, enables sezplus account
through the mobile-device.
Single-Sign-On
Services" or "Services" shall mean a session/user
authentication process that permits a user to enter his/her name or mobile
number or e-mail address or any combination thereof and password in order to
access Affiliate Site(s).
Terms
and Conditions" shall mean these terms and conditions.
Website" shall mean
website having the domain https://www.sezplus.com/cad mobile site, Mobile
Application(s) or online interphases, through which sezplus shall among other
things enable Single-Sign-On Services.
INTRODUCTION
The
website sezplus.com ("Website")
is operated by rk sezplus services pvt.ltd., a company incorporated under the
Companies Act, 2013 ("sezplus")
having its registered office at saikrupa chwl, Quamar baug, near Hema industry,
Meghwadi, Jogeswari (e) Mumbai 400060 & working office g-10,siddhivinayak chs ltd
andheri e,midc, Mumbai - 400093. Use of the Website and its services is
governed by these Terms of Use (“Terms”).
By
using the Website, users signify they have carefully read, understood and agree
to be bound by these Terms. When users transact or browse through the Website
or avail any service provided by the Website, in present or future, users
accept and agree to be bound by these Terms, policies, guidelines and
conditions of sezplus.com/cad’s service.
These
Terms could be changed, altered, edited, amended, modified, reviewed, revised
or substituted by sezplus at any time with or without prior notice and users
are requested to read the Terms before using or accessing the Website.
COMMUNICATION
When You use the Website or send emails or other data, information
or communication to 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.
The Website is a platform that Users utilize to meet and interact with
one another for their transactions. sezplus is not and cannot be a party to or
control in any manner any transaction between
the Website's Users.
HENCEFORWARD
1. 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 products and services and after sales services related to products and
services. sezplus does not have any control or does not determine or advise or in any way involve itself in the offering
or acceptance of such commercial/contractual terms between the Buyers and
Sellers. All discounts, offers are by the Seller/Brand and not by sezplus.
2. Sezplus does not make any representation or Warranty as to specifics
(such as quality, value, salability, etc) of the products or services
proposed to be sold or offered to be sold or purchased on the Website. Sezplus
does not implicitly or explicitly support or endorse
the sale or purchase of any products or services on the Website. Sezplus accepts no liability for any errors or
omissions, whether on behalf of itself or third
parties.
3. Sezplus is not responsible for any non-performance or
breach of any contract entered into between Buyers and
Sellers. Sezplus cannot and does not guarantee that the concerned Buyers and/or
Sellers will perform any transaction concluded on the Website. Sezplus shall not and is not required to mediate
or resolve any dispute or disagreement between Buyers and Sellers.
4. Sezplus does not at any point of time during any
transaction between Buyer and Seller on the Website come
into or take possession of any of the products or services offered by Seller nor does it at any point gain title to
or have any rights or claims over the products or
services offered by Seller to Buyer.
PLATFORM
SERVICES
The
Website is a platform that users utilize to communicate and transact with one
another. Sezplus is not and cannot be a party to or control in any manner
any transaction between users of the Website. The purchase of products on the
Website are governed by the terms and condition of sale.
The
Website is only a platform that can be used by users to reach a
larger base to buy and sell products. sezplus is only providing a platform
for communication and the contract for sale of the products shall be
a strictly bipartite contract between the buyer and the seller. At no time
shall sezplus hold any right, title or interest over the products or have
any obligations or liabilities in respect of such bipartite contract
entered into between the buyer and seller.
Users
may upload and display the images and information of their products offered for
sale on the Website’s online platform. Such display of the user’s products or
related information on the Website in no manner can be treated or construed as
an endorsement or advertisement of such products by sezplus.
Provision
of a specific service through the online platform of the Website will be
subject to users agreeing and consenting to certain additional terms, rules,
policies, procedures, guidelines, disclaimers, notices or otherwise, if any, as
applicable to such service (“Additional Terms“) and if there is any conflict between the
Terms of Use and the Additional Terms, the Additional Terms shall take
precedence in relation to that specific service.
ELIGIBILITY
The
user should have completed 18 years of age and be competent to enter into a
contract under Indian contract law. Any user under 18 years of age who is
intending to avail the services of the Website should do so through his or her
legal guardian in accordance with applicable law.
If
any person is using the Website on behalf of any corporation, company,
institution, association or other entity, the person should be authorized by
such corporation, company, institution, association or other entity to use and
access the Website.
Sezplus
reserves the right to refuse access to use the services offered at the Website
to new users or to terminate access granted to existing users at any time
without according any reasons for doing so.
USE OF THE WEBSITE
You agree, undertake and confirm that Your use of Website shall be
strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit,
update or share any information which:
(a) belongs to another person and to which You does not have any right
to;
(b) is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous, invasive of another's
privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner
whatever; or unlawfully threatening or
unlawfully harassing including but not limited to "indecent representation of women" within the meaning
of the Indecent Representation of Women
(Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually
explicit content, or content that promotes obscenity, paedophilia, racism,
bigotry, hatred or physical harm of any kind
against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain
letters", or unsolicited mass mailing or
"spamming";
(g) promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [including, but
not limited to, intellectual property rights, rights of privacy (including
without limitation unauthorized disclosure of a person's name, email address,
physical address or phone number) or rights of
publicity];
(i) promotes an illegal or unauthorized copy of another person's
copyrighted work (see "Copyright
complaint" below for instructions on how to lodge a complaint about
uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices,
(j) contains restricted or password-only access pages, or hidden
pages or images (those not linked to or from
another accessible page);
(k) provides material that exploits people in a sexual, violent or
otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as
making or buying illegal weapons, violating someone's privacy, or providing
or creating computer viruses;
(m) contains video, photographs, or images of another person (with
a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of
authorized access to the Website or to profiles,
blogs, communities, account information, bulletins, friend request, or other
areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from
other users;
(o) engages in commercial activities and/or sales without Our prior
written consent such as contests, sweepstakes, barter, advertising and
pyramid schemes, or the buying or selling of
"virtual" products related to the Website. Throughout this Terms of Use, Sezplus 's prior written consent means a
communication coming from Sezplus 's Legal
Department, specifically in response to Your request, and specifically addressing the activity or conduct for
which You seek authorization;
(p) solicits gambling or engages in any gambling activity which We,
in Our sole discretion, believes is or
could be construed as being illegal;
(q) interferes with another USER's use and enjoyment of the Website or
any other individual's User and enjoyment of similar services;
(r) refers to any website or URL that, in Our sole discretion, contains
material that is inappropriate for the Website or any other website,
contains content that would be prohibited or violates the letter or spirit of
these Terms of Use.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary
rights or third party's trade secrets or rights of publicity
or privacy or shall not be fraudulent or involve the sale of counterfeit or
stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such
messages or communicates any information which is grossly offensive or
menacing in nature.
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or
programs designed to interrupt, destroy
or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots,
easter eggs or other computer programming
routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate
any system, data or personal information;
(y) threatens the unity, integrity, defence, security or
sovereignty of India, friendly relations with foreign
states, or public order or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade
or attempt to trade in any item, the dealing of which is
prohibited or restricted in any manner under the provisions of any applicable
law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in
whole or in part) the services of Our internet
service provider ("ISPs") or other suppliers;
USER
ACCOUNT
The user may browse the Website without registering with sezplus.com/cad The
user has to set up an account with the Website before availing any online
services provided through the Website. The user can create an account by
entering an email address and password or by using any permitted social media
website account to sign in ("Account Information"). The email address provided is not
verified by sezplus.com and hence, it is advisable for the user to provide a
valid email address. The Website will set-up an account and email the details
of the account to the user at the email address provided. A user can then
access the account on the Website. A user can also create and update an account
through Customer Support.
A
user can create one user account only and no user is permitted to transfer or
interchange the User Account. The list of user information required to be
provided by the user, the manner of usage, protection and confidentiality of
user information and account information are more specifically dealt under the
Website’s Privacy Policy and the users are requested to read in detail the
Privacy Policy before sharing user information or creating an account.
CONTENT POSTED ON SITE
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music and artwork (collectively,
"Content"), is a third party user generated content and Sezplus has no control over such third
party user generated content as Sezplus is
merely an intermediary for the purposes of this Terms of Use. Except as expressly provided in these Terms of Use,
no part of the Website and no Content may be copied,
reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or
distributed in any way (including
"mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise,
without Sezplus 's express prior written consent. You may use information on the products and services purposely made
available on the Website for downloading, provided that You (1) do not remove
any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational
purpose and do not copy or post such
information on any networked computer or broadcast it in any media, (3) make no modifications to any such information,
and (4) do not make any additional
representations or warranties relating to such documents. shall be responsible for any notes, messages, emails, billboard
postings, photos, drawings, profiles, opinions, ideas, images, videos, audio
files or other materials or
information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our
property and You grant Us the worldwide, perpetual and
transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in
accordance with applicable law, use the
Content or any of its elements for any type of use forever, including but not limited to promotional and advertising
purposes and in any media whether now known
or hereafter devised, including the creation of derivative works that may include the Content You provide. You
agree that any Content You post may be used by
us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled
to any payment or other compensation for such
use.
USE OF CONTENT
Any
content that the user posts or material it submits, the user grants Sezplus
and its affiliates and associates a non-exclusive, royalty-free, irrevocable,
perpetual and fully sub-licensable rights to use, reproduce, publish,
distribute and display such content throughout the world in any mode medium or
manner now known or developed in future; and the right to use the name that the
user submits in connection with such content, if the user chooses.
The
user agrees that the rights the user grants as above are irrevocable during the
entire period of protection of the user’s intellectual property rights
associated with such content and material. The user agrees to waive the user’s
right to be identified as the author of such content and materials and the
user’s right to object to derogatory treatment of such content or material. The
user agrees to perform all further acts and execute deeds and documents
necessary to perfect the above rights granted by the user to Sezplus.
The
user represents and warrants that the user owns or otherwise controls all of
the rights to the content and material that the user posts or that the user
otherwise provides on or through the Website; that, as at the date that the
content or material is submitted to the Website: (i) the content and material
is accurate; (ii) use of the content and material does not breach any
applicable Indian law or the Website’s policies or guidelines or Additional
Terms (iii) the content and material do not breach these Terms and Privacy
Policy.
THIRD
PARTY WEBSITE
The Website may contain links to other websites and the Website are not in any
way responsible for the terms of use or content of such websites and expressly
disclaims all liability associated with the content and use of these
websites. The linked websites are not under the control of Sezplus.com
and users are encouraged to read the terms of use and privacy policy of each
and every linked website. If users decide to access any of the third-party
websites linked to the Website, it is at the risk of the users to access and
use such linked websites and Sezplus shall not be responsible in
any manner whatsoever
CHARGES FOR BUYERS
Purchas on the Website is 5% for buyers. Sezplus reserves the
right to change its Fee Policy from time to time. In particular, Sezplus may at its sole discretion introduce new services
and modify some or all of the existing services offered on the Website. In such
an event Sezplus reserves the right to introduce fees for the new
services offered or amend/introduce fees for existing services, as the case may
be. Changes to the 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 Indian Rupees.
You shall be solely responsible for compliance of all applicable laws including
those in India for making payments to rk Sezplus services Private
Limited.
BUYERS
1)Buyers should buy design designs for refrence only.
2) buyers should modify design as their requirement.
3)Buyers should give feedback in 7 days after purchased & download the
design
4)Payment will refund only if showing design & cad file are not same
product or mismatches. Or any part missing.
5)designs gold wt & diamond weight are not matter for every downloaded
design.
6)Refund to buyers will be made in 7
days after feedback arose by buyers & website service charges will not be
refundable.
SELLING
As a registered seller, you are allowed to list item(s) for sale on the
Website in accordance with the Policies which are incorporated by way of
reference in this Terms of Use. 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 fulfilment of
sales.
1)sell completed cad file with diamond details
2)Payment will made in 7 days after buyers feedback arose.
3)Payment will stop & refund to buyers if design & cad files are not
matching each others.
4)file will reject if provided diamond details is different between 0.20
cts.for eg:seller provided diamond details 1ct but its ct wt arose 0.80ct or
1.20 ct
4)payment will stop & refund to buyers if any part missing in the cad file.
5)Gold wt & silver wt is not matters
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 agree not to list a single product in multiple
quantities across various categories on the Website. Sezplus reserves the
right to delete such multiple listings of the same product listed by you in
various categories.
CHARGES
FOR SELLERS
Registration charges for sellers is free but not exceed 120 design to
sell. If Exceed 120 designs, Sezplus will charge 500 rs as a registration
charges for 1 years.Registration charges not refundable. Sezplus charge 15% on
first sell, charge 25% on second time sold on same product & charges will
be 50% on third time sold same product. 50% will be fixed charges after crossed
3 time sold on same product. Sezplus reserves the
right to change its Fee Policy from time to time. In particular, Sezplus may at its sole discretion introduce new services
and modify some or all of the existing services offered on the Website. In such
an event Sezplus reserves the right to introduce fees for the new
services offered or amend/introduce fees for existing services, as the case may
be. Changes to the 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 Indian Rupees.
You shall be solely responsible for compliance of all applicable laws including
those in India for making payments to rk Sezplus services Private
Limited.
Payment
While availing any of the payment method/s available on the Website, we
will not be responsible or assume any liability, whatsoever in respect
of any loss or damage arising directly or indirectly to You due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s
Product Description
Sezplus we do not warrant that Product description or
other content of this Website is accurate, complete,
reliable, current, or error-free and assumes no liability in this regard.
CONTACTING THE SELLR
At Sezplus we are committed towards ensuring that disputes
between sellers and buyers are settled amicably by way of the above dispute
resolution mechanisms and procedures. However, in the event that a buyer can’t
to contact the seller, the buyers may also reach out to customer support at +91 02265260008 or access help center
at http://www.sezplus.com/contact us.
LIMITATION OF LIABILITY
In no event shall sezplus be liable for any special incidental indirect or
consequential damages of any kind in connection with these terms of use, even
if user has been informed in advance of the possibility of such damages.
INDEMNITY
Users
agree to indemnify and hold harmless Sezplus including affiliates,
associates and their respective owners, directors, officers, agents,
shareholders and partners from and against all actions, proceedings, claims,
losses, damages and costs (including attorney fees) and other expenses suffered
or incurred due to or attributable to or arising out of (i) violation of any
applicable law (ii) breach of any representations, warranties or covenants of
the user (iii) breach of the policies, guidelines and conditions of Sezplus’s
service or Additional Terms or these Terms or Privacy Policy (including any
modifications or additional notifications or instructions); (iv) infringement
of any third party rights. This Clause survives the termination of these Terms.
TERMINATION
Sezplus reserves
the right to terminate the services provided to any user without prior notice
in the event of any default committed by user including but not limited to the
breach of any applicable law, policies, guidelines and conditions of Sezplus service
or Additional Terms or these Terms or the Privacy Policy (including any
modifications or additional notifications or instructions). On such
termination, the user’s information and other details shall be black listed by
the Website and shall be taken into consideration whenever necessary.
Sezplus will
terminate the services provided to any user if it is required under any
applicable law. Without prejudice, Sezplus reserves its right to
terminate the services if such provision of services to the users is not
economically viable for Sezplus.
Users may choose to discontinue availing services and facilities provided
through the Website by closing the user account with the Website.
On
termination of the user account, the user is not eligible to purchase or sell
products through the Website. Once the user’s account is terminated for any
reason whatsoever, the contents, reviews, comments or other material posted on
the Website by the user shall be removed by Sezplus.
Post
termination of the services provided to the user through the Website, the
user’s personal information would reside in the Website’s database for a
certain period of time. It is also clarified that certain terms and conditions
of the policies, guidelines and conditions of Sezplus’s service or Additional Terms
or these Terms and the Privacy Policy continue to be binding on the user and if
any user by default or otherwise is found using or dealing with the Website
post termination of the service provided through the Website, the user shall be
prosecuted by Sezplus.
The user shall be also liable to compensate Sezplus for any unauthorized use of
the Website.
MISCELLANEOUS
Each
of the provisions in these Terms are severable and distinct from the
others and if at any time one or more such provisions is or becomes invalid,
illegal or unenforceable, the validity, legality and enforceability of the
remaining provisions of these Terms shall not in any way be affected or
impaired thereby.
Any
user may contact Sezplus
at the following address:
To
Grievance
Officer
corporate
office – g-10,shiddhivinayak chs ltd andheri e, Mumbai - 400093
email
– support@sezplus.com
The
user shall not
assign its rights or obligations under these Terms and the Privacy Policy to a
third party.
GOVERNING
LAW AND JURISDICTION
The
terms and conditions of this agreement shall be governed by Indian law and the
courts in Mumbai shall only have exclusive jurisdiction to resolve any
disputes.