Terms & Conditions

Welcome to YELLOWKARAT

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder and as the same may be amended from time to time. Being a system generated electronic record, it does not require any physical or digital signature.

Greetings from www.yellowkarat.com (“Website”). The Website is owned by GOLDKARAT MULTITRADES (OPC) PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 (18th of 2013) with CIN No. U36910DL2022OPC399103 , and GST-IN 07AAJCG8076C1ZH, and having its registered office at 306-B/1, OPPOSITE PP JEWELLERS S/E PAL MOHAN PLAZA, D B GUPTA ROAD, 11/56, KAROL BAGH, NEW DELHI,CENTRAL DELHI, 110005 INDIA ("Yellowkarat").

If you use the Website, you are required to first carefully read as well as fully understand the following Website related terms and conditions (“Terms of Use”) which are applicable when you view/access/use (collectively “use” or “using”) the Website from any computer, computer device or mobile. Please also carefully and fully understand read our Privacy Policy available at the link (“Privacy Policy”), which is incorporated in these Terms of Use by reference.

If, for any reason, you do not agree to these Terms of Use, Privacy Policy and/or other Website guidelines and policies (Website guidelines and policies collectively referred to as “Other Policies”) as communicated to you when you avail the Website or wish to be bound by them, please do not use the Website in any way whatsoever. By using the Website, you have indicated to us that you acknowledge, understand as well as fully agree, to be bound by these Terms of Use, Privacy Policy and all Other Policies, irrespective whether you register with the Website as a member or not.

As long as you adhere to the Terms of Use, Privacy Policy and Other Policies, we grant you a personal, revocable, non-exclusive, non-transferable and limited right and license to use the Website.

Acceptance of Terms, etc

These terms of use is in the form of an electronic and legally binding contract that establishes the terms and conditions you have accepted before using the website. These include our privacy policy and other policies as mentioned in these terms of use as well as other specific policies and terms and conditions disclosed to you, in case you avail any subscription or any additional features, products or services we offer on or through the website, whether free or otherwise, including but not limited to terms governing features, billing, free trials, discounts, promotions, refunds, cancellations and shipping. By using the website, you hereby unconditionally consent and accept to these terms, privacy policy and such other policies. To withdraw such consent, you must immediately cease using the website and terminate your account with us. You are requested to keep a physical copy of these terms of use and all other referred policies herein for your records.

Every time you use the website, you confirm your agreement with these terms of use, privacy policy and other policies.

Eligibility

Use of the website is available only to persons who can form legally binding contracts under Indian contract act, 1872 and who have attained a minimum age of 18 (Eighteen) years. By using the website, you represent and warrant that you are at least 18 (Eighteen) years of age or not a minor in any other jurisdiction from where you access our website. As a minor if you wish to use or make any transaction on the website, such use or transaction may be made by you through your parents or legal guardian. We reserve the right to terminate your membership and/or refuse to provide you with access to the website if it is brought to our notice or if it is discovered that you are under the age of 18 (Eighteen) years.

Using the website may be prohibited or restricted in certain jurisdictions. If you use the website from such prohibited/restricted jurisdiction, you are solely responsible and liable and responsible for any compliance/non-compliance with the laws and regulations thereof.

By using the website, you hereby represent and warrant to us that you have all right, authority and capacity to enter into these terms of use and to abide by all of the terms and conditions thereof.

Unless otherwise specified, the website is currently offered in India only. We make no representation that the website will be offered to be appropriate or available for use in other jurisdictions. Those who choose to access the website from outside India can do so on their own account and we shall not be responsible for any circumstances thereof.

Creating an Account

In order to use all the features of the website, you must register yourself with the website. If you do not wish to register, all of the website features may not be available to you. However, if you do so, you authorize us to access and use certain account information of yours, including but not limited to your profile information your interests and dislikes and other information as detailed under our privacy policy. For more information regarding the type/nature of information we collect from you and how we use it, please refer our privacy policy at the link.

You shall be responsible for maintaining the utmost privacy and confidentiality of your membership and account details you provide to us and the same must always be kept private and confidential and should not be disclosed to or permitted to be used by anyone else and you are solely responsible and liable for any and all usage and activity on the website that takes place under your account. You agree to immediately notify us of any disclosure or unauthorized use of your website account details or any other breach of security at and ensure that you log-out from your website account at the end of each session. Further, you agree that if you provide any information that is untrue, incomplete, inaccurate, or not updated or we have reasonable grounds to suspect that such information is untrue, incomplete, inaccurate or not updated, or not in accordance with these terms of use, we shall have the right to temporarily suspend or permanently terminate your website membership.

By agreeing to these terms of use, you grant us the permission to send electronic communications to you as part of our offering. This includes but is not limited to sending "emails", newsletters and promotional offers from us and our partner websites. Should you no longer wish to receive these electronic communications, you may write to us at.

Proprietary Rights

You confirm and agree that we are the owner of the proprietary information made available to you through the website and hereby retain all proprietary rights in the same.

We or other website users may upload/publish/post any copyrighted information and materials, whether having copyright protection or not and whether bearing any trademark or not, or which may be identified as copyright or a trademark. You undertake not to post, copy, reproduce, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell or use such information or materials in any way, whether partly or fully, and for any purpose whatsoever.

By posting information or content to any permitted area of the website, or making it accessible to us by linking your account to any social network accounts (e.g. via Facebook, etc.), you grant us unconditionally and in perpetuity, and represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, fully-paid/royalty-free, worldwide right and license to use, reproduce, store, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing anywhere in the world. From time to time, we may modify, add or vary existing features or programs of the website or create, add, test or implement new features or programs on the website in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, you grant us an unconditional and perpetual right and consent to the terms and conditions (if any) of such features or programs which will be in addition to these terms of use.

Website Charges

Membership on the website is free for buyers. We do not charge any fee for browsing and buying on the website. However, we expressly reserve our right to levy a fee from time to time. If any such fee is levied, we will post the same on the website and such fees 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 yellowkarat.

Prohibited Activities

We reserve the right to investigate, suspend and/or terminate, whether temporarily or permanently, your Website account with us if you undertake any of the following acts:

Breach these terms of use, privacy policy or other policies.

Abuse, impersonate or defame any website user or any other person, entity or any religious community.

Displaying, publishing, transmitting or sharing any information or content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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.

Displaying, publishing, transmitting or sharing any information or content that is misleading in any way.

Displaying, publishing, transmitting or sharing any video, photograph, or image of any website user or any other third party.

Use The Website For Any Commercial Use Or Activity Not Expressly Permitted Under These Terms Of Use.

“Stalk” or otherwise harass any website user or any other person.

Make any statements, whether expressed or implied, and whether privately or publicly, as those endorsed by us without our specific prior written consent.

Use the website in an illegal manner or commit an illegal act or use the website not expressly authorized by us.

Access the website from a jurisdiction in which it is illegal or unauthorized or barred.

Making use of any information or content that infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy or rights of publicity).

Undertake, ask, solicit or use website users to conceal the identity, source, or destination of any illegally gained money, services or products.

Use any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “Data Mine”, or in any way reproduce or circumvent the navigational structure or presentation of the website.

Collect any personal information, including contact details, of any website users by electronic or any other means and for any purpose, not expressly permitted under these terms of use.

Send any unsolicited email or any other communication in any way whatsoever not expressly permitted under these terms of use.

Collect any personal information, including contact details, of any website users by electronic or any other means and for any purpose, not expressly permitted under these terms of use.

Undertake any unauthorized framing of or linking to the website or “Frame” or “Mirror” any part of the website, without our prior written authorization.

Interfere with, obstruct, destroy or disrupt the website or the servers or networks connected to the website, whether partly or fully and whether permanently or temporarily.

Email or otherwise transmit any content or material that contains software viruses, malware, spyware or any other computer code, files or programs designed to interrupt, destroy, disrupt or limit the functionality of the website or of any computer software or hardware or telecommunications equipment connected with the website.

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the website (either directly or indirectly through use of any third party software).

Use meta tags or code or programs or other devices, tools or technology containing any reference to us or the website (or any trademark, trade name, service mark, logo or slogan of ours or any website user) to direct any person to any other website for any purpose.

Directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website.

Post, use, transmit or distribute, directly or indirectly, (e.g. Screen scrape) in any manner or media any content (whether textual, graphical, images, audio, video, audio-video or any combination thereof) or information obtained from the website other than solely in connection with your use of the website in accordance with these terms of use.

Content Posted by You

You are solely responsible for any and all content or information that you post, upload, share, publish, link to, transmit, record, display or otherwise make available (hereinafter, “Post”) on the website or transmit to other website users, including text messages, chat, audio, video (including streaming videos), photographs, images, graphics, or profile text, whether publicly posted or privately transmitted (collectively, “Content”).

We do not verify the accuracy or truth of any content you post on or through the website. We are not the publisher of the content and only provide you with a technology platform to facilitate you to post such content. Further, we are merely acting as an ‘Intermediary’ as per the information technology act, 2000 and rules (information technology (intermediaries guidelines) rules, 2011) made thereunder. We assume no responsibility or liability of any sort for providing a technology platform to our website users to facilitate them to post their content. To protect the integrity of the website, we reserve the right to exercise editorial control over your content, including the right to block any member from accessing the website, whether temporarily or permanently.

You shall not post to us or to any other website user (either on or off the website), any offensive, inaccurate, incomplete, inappropriate, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material or content that infringes or violates ours or any person’s rights (including intellectual property rights, and rights of privacy and publicity).

You represent and warrant that

    All information and content that you submit upon creation of your website account is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false.

    You have the right to post the content on the website and grant the licenses as agreed in these terms of use.

You understand and agree that we may monitor or review any content you post on the website. We may delete any content, in whole or in part, that in our sole judgment violates these terms of use or may harm the reputation of the website or ours.

By posting content on the website, you automatically grant us and to our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up/royalty-free, worldwide right and license to

    Use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the content,

    Prepare derivative works of the content or incorporate the content into other works, and

    Grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your content by us will not infringe or violate the rights of any third party.

You shall not post, upload, modify, display, publish, transmit, update, share or otherwise make available content that:

    Promotes racism, bigotry, hatred or physical harm or injury of any kind against any religion, group, community or individual;

    Advocates harassment or intimidation of another person;

    Relates to or promotes or encourages money laundering, sex trafficking or gambling;

    Requests money from, or is intended to otherwise defraud, other users of the website;

    Involves the transmission of “Junk Mail”, “Chain Letters,” or Unsolicited Mass Mailing or “Spamming” (or “Spamming”, “Phishing”, “Trolling” or similar activities);

    Is misleading, offensive, false, misleading, untrue, unlawful, illegal, defamatory, harassing, disparaging, obscene, sexually explicit, blasphemous, scandalous, libelous, threatening, abusive, hateful, harmful, bigoted, racially offensive, invasive of privacy right of any person, or otherwise objectionable or inappropriate;

    Belongs to another person and to which you are already aware that the same does not belong to you or that you do not have any right to the same;

    Directly or indirectly alludes to child pornography;

    Is an illegal or unauthorized copy of another person’s copyrighted work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

    Contains video, audio, photographs or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

    Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

    Provides material that exploits people in a sexual, violent, obscene or other illegal manner, or solicits personal information from anyone under the age of 18 years;

    Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;

    Contains viruses, time bombs, trojan horses, bots, worms or other harmful, or disruptive codes, components or devices;

    Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;

    Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);

    Disrupts the normal flow of dialogue, causes a screen to “Scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;

    Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission;

    Contains any advertising or commercial messages;

    Infringes upon or violates any third party's rights, including any intellectual property rights;

    Hinders the website functionality in any way or interferes or affects other website users’ use and enjoyment of the website;

    Publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or

    Violates any law for the time being in force.

We reserve the right, in our sole discretion, to investigate and take any legal action against anyone who violates the aforesaid clause 8(g), including deleting or removing the offending content from the website and/or terminating or suspending the website account of such violating members. Whilst we reserve our right to delete or remove such content, we do not guarantee that such offensive content will be removed or deleted. Failure by us to remove or delete such content does not waive our right to remove or delete the same in subsequent or similar cases.

Your use of the website, including all content you post, must comply with all applicable laws and regulations. You agree that we may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:

    Comply with applicable laws, requests or orders from law enforcement agencies, appropriate authorities (such as without limitation, child protection agencies, court officials, expert professional investigative agencies and the like) or for any legal process;

    Protect or defend ours, or any third party's rights or property;

    Enforce these terms of use, privacy policy and other policies;

    In support of any fraud/ legal investigation/ verification checks;

    Respond to your requests for customer service or allow you to use the website in the future; or

    Safeguard a party who may be a victim of any abuse in any form.

We assume no responsibility or liability for any deletion of or failure to store any of your content.

Adherence to Laws

You shall at all times ensure full compliance with the applicable provisions of the information technology act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable state and central laws, statutes, ordinance, rules and regulations.

Modifications to the Website

We reserve the right at any time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website. Any access or usage by you of the website shall imply that you have accepted any new or modified terms of use.

Please re-visit these terms of use from time to time to stay abreast of any changes that we may introduce.

Please contact us on [customerservice@yellowkarat.com] with any questions you may have regarding these terms of use.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will we be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the website, result of using the website including, without limitation, damages for recommendation of the website, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if we know or have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will we be liable for any liquidated or punitive damages.

To the maximum extent permitted by applicable law, in no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, liquidated, punitive arising out of or relating to recommendation of the website, the conduct of any website user or anyone else in connection with the use of the website, including without limitation, bodily injury, emotional distress, financial loss and/or any other damages resulting from communications or meetings with other website users or as a result of using the website. This includes any claims, losses or damages arising from the conduct of website users who have registered or logged-in on the website under false pretenses or who attempt to defraud or harm other users.

Indemnification

You agree to indemnify, defend and hold harmless Yellowkarat, affiliates, subsidiaries and parent/holding companies, and each of their officers, directors, employees, agents, consultants, partner sites and related third parties, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the website, including but not limited to

    Any violation by you of these terms of use, or

    Any action arising from the content that you publish/post on the website that infringes the intellectual property rights (e.g. Copyright, trade secrets, trademark or patent) of any third party, or

    Any content or communication that denigrates, libels or invades the privacy right of any third party. We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you will co-operate fully in asserting any available defences in such case.

Caution

We may check website user’s profiles strictly for verifying any unsuitable, objectionable or inappropriate content. However, we may not be able to verify the identity of any website user or the accuracy of their content, nor can we guarantee that we will be able to identify all unsuitable, objectionable or inappropriate content. Please do not take any website user content as fully true and/or complete. We will not be liable or responsible for any false and misleading content and information given by any website user. If you have any concerns over any member content, please write to us on [customerservice@yellowkarat.com] with the details thereof.

You hereby acknowledge and agree that you shall ensure that at all times your interaction with other website users will always be lawful and appropriate and that you alone shall be responsible for all consequences thereof.

We caution you that there may be risks of dealing with any website user acting under a false pretense or with a criminal intent. We have no control as to what happens between website users inter se once they decide to meet in person. Should you encounter any such meeting whereby the behavior of the other member may be deemed inappropriate or harmful in any way to other members of the website, you are requested to contact us with full details of such offending member and we may, if deemed appropriate and at our sole discretion, suspend or delete the offending website user’s profile.

Miscellaneous

Entire agreement: these terms of use constitutes the entire agreement between you and Yellowkarat regarding the subject matter hereof, and replaces and supersedes any and all prior agreements/ understandings/ correspondences, whether written or oral, between you and us.

Amendment: we reserve the right to amend these terms of use from time to time. Any such amendments will be applicable to all persons viewing/accessing/using the website once the revisions have been posted onto the same. You should therefore check the website from time to time to review the current terms of use.

Survival: termination or suspension of your website account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.

Governing law and jurisdiction: these terms of use shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce the same. The parties irrevocably submit to the exclusive jurisdiction of any competent courts situated at Noida and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.

No assignment: these terms of use are personal to you. You cannot assign your rights or obligations, whether partly or fully, to anyone.

Severability: if any provisions of these terms of use are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.

Waiver: no waiver of any term, provision or condition of this agreement whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or of any other term, provision or condition of these terms of use.

Grievance Officer

    In accordance with information technology act, 2000 and rules made there under, the name and contact details of the grievance officer are provided below:

    • NAME: Mr. Azharuddin
    • ADDRESS: 306-B/1, OPPOSITE PP JEWELLERS S/F
      PAL MOHAN PLAZA, D B GUPTA ROAD, 11/56,
      KAROL BAGH, NEW DELHI - 110005 INDIA
    • PHONE: +91 7669866979
    • EMAIL:grievance@yellowkarat.com
    • TIME: Monday To Saturday (11 Am To 6 Pm)

Contact Us

Please contact us by email on care@yellowkarat.com for any questions or comments regarding these terms of use.

Last Updated On: 01-Jul-2022

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