This document relates to Plushvie Retail pvt Ltd. Further this document is an electronic record in terms of the Information Technology Act, 2000, and rules there under, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature. This document is in consistence with all cyber laws prevailing in India.
Welcome to Plushvie!
The following terms and conditions are applicable to everyone who uses Plushvie’s Services (including jewellery professionals and developers), and they govern the relationship between Plushvie.in and our users during their use of Plushvie Services.
Please note that “Plushvie.in” will be hereinafter referred as “Plushvie.”
1. The Services We Provide
2. Registration and Use
You understand that for the purpose of effectively using the Website you may be required to provide accurate information including but not limited to your name, address, mobile number and e-mail id (collectively referred to as “User Content”). You represent that you have all rights required to provide the information that you have provided to the Website, including the User Content and represent that they are true and accurate.
You agree and understand that this Website and the contents are intended for people who are 18 years of age or above. You hereby represent that you are 18 years of age or above and competent to contract within the meaning of section 11 and adhere to all the essentials as mentioned in Section 10 or any other relevant provision of the Indian Contract Act, 1872.
You will be solely responsible for your acts on the Website including those conducted under the username assigned to you. You understand and agree that Plushvie may, in our sole discretion, terminate your access to the Website without notice and you waive any right to claim access to the Website or any other claim that you may have. Any data of your usage may be retained or deleted at Plushvie’s sole discretion. You agree that the User Content uploaded can be used and viewed by other third parties who access the Website.
By using our Services and providing us with your contact information, you agree that we can send you communications about our Services. By using our Services or by filling out any forms/agreements on or through the Services, providing us with information or making an inquiry, you acknowledge that we have an established business relationship with you and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, text (SMS), email, postal mail or otherwise. From time to time, when you call us we may wish to record those phone calls for quality assurance and customer satisfaction purposes. In those jurisdictions where consent is required in order for a party to record any telephone call, you consent for us to record your call when you call us.
2.4 Prohibited Use: In relation to the use and access of the Website its content and features, you agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information that:
· belongsto another person and to which you do not have any right to;harms minors in any way; impersonates another person;
· Otherthan when acting as a jewellery Retailer, Jewellery manufacturer or jewellery broker list advertisements related to jewellery such as jewellery listings, Solitaire listings, Buy/Sell pre-owned jewellery listings on the Website, upload, transmit or publish any information on behalf of a third party, including any User content of any person other than you, and more specifically, you will not impersonate another person;
· Upload, transmit or publish any information or material which is grossly harmful, harassing, blasphemous, threatening, abusive, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable, contains pornography, paedophilic, invasive of another's privacy, hateful, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
· Tamper any data/info provided on the web or any document including auto-generated electronic document. Violate the privacy or publish any personal information of any person except to the extent specifically approved by such person and only to the extent absolutely necessary to advertise such jewellery property;
· ·Upload, transmit or publish any viruses or other malware to corrupt, interrupt, limit, destroy or otherwise impact the Website, Plushvie’s computer systems or the computer systems of other users or third party systems;
· Upload, transmit or publish anything which you do not have the rights to or any material which infringes on the intellectual property rights (in whatever form
including but not limited to any patent, trademark, copyright or other proprietary rights) of any third party;
· Deceives or misleads the addressee about the origin of any messages or communicates any information which is grossly offensive or menacing in nature;
· Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;
· Access the Website in any unauthorized manner, including by hacking or using log in credentials of any other user; and
· Use the Website for any unauthorized marketing purposes or for sending any unsolicited materials.
· If any user exceeds his rights or goes beyond the permitted usage than any action may be taken up against that user as we may deem fit.
· Plushvie may additionally refuse to let you re-register and/or use the features and functionalities of the Website in our sole discretion.
2.5 Deal with Us in Good Faith: By creating an account, you agree that you are signing up for Plushvie’s Services in good faith, and that you mean to use them only for their intended purposes as jewellery information tools and for no other reason.
2.6 Security: While Plushvie works to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately in the event of any compromise or unauthorized use of your account. You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken or content added through your account.
2.7 Our Rules About Your Data Privacy:
3. Our Rules About Your Content
3.1 Your Content Is Your Responsibility: You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other information, content or materials that you post, submit, publish, display or link to through the Services or send to other Plushvie website users.
3.3 Be Truthful: You agree to provide accurate, complete, current, and truthful information when you provide content via the Services.
3.4 Do Not Post Illegal or Harmful Content: You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights) or that is in violation of any federal, state, or local law, rule, or regulation. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading or otherwise harmful.
Incase any such content is posted by user, we are not liable for such post.
3.5 Do Not Violate Others' Rights: You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy. Incase such information is posted by user they will be exclusively liable for consequences of such an act.
3.6 You Grant Plushvie a License to Use Your Content: When you provide User Content via our Services, you grant us a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for the content you provide to us.
3.7 Your Content May Be Made Public: You understand and agree that any User Content that you post or submit to Plushvie may be redistributed through the Internet and other media channels, and may be viewed by the general public.
We reserve the right in our sole discretion to edit or remove information or materials provided by you.
4. Rules for Jewellery Retailers/ Manufacturers/ Professionals (Jewellery Sellers)
4.1 Information Provided by Jewellery Sellers: If you are a jewellery professional, you agree that you will not claim or submit listings that do not belong to you. All the information provided by you must be correct and appropriate, no misleading information to be submitted. When you submit or claim a listing, you hereby agree to abide by the User Terms and Conditions signed by you.
4.2 Plushvie User Content Provided to Jewellery Professionals: If you are a jewellery professional, you agree that you will not use any information about Plushvie users that is transferred to you during your use of Plushvie’s Website or Services (e.g., contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with jewellery services. Such information is considered as confidential information and using such information for personal gain is strictly prohibited and thus such act will create a right in favour of plushvie to recover such profits or any accidental expenses from the seller. You further agree never to use such information for any illegal or harmful purpose.
5. Intellectual Property and Licenses
5.2 You agree and understand that:
5.2.1 The contents of the Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, videos, testimonials, software, audio, pictures, icons, are the sole property of Plushvie or our licensors. All intellectual property in and to the Website and its contents and functionalities shall vest solely with Plushvie
or our licensors.
5.2.2 Plushvie is a registered trade mark and hence has all the trademark related rights reserved. Any unauthorized usage of our trade mark will be considered as a punishable offence as per Trade Marks Act, 1940
5.2.3 We reserve all the rights provided under The Copyright Act 1957, Trade and Merchandise Marks Act, 1958., Trade Marks Act, 1999 Patents Act, 1970., The Designs Act, 2000, The Geographical Indication of Goods (Registration and Protection) Act, 1999,and any such related acts.
5.2.5 To the extent required, you grant Plushvie a non-exclusive, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any materials, trademarks, trade names and other forms of your intellectual property which you have provided to Plushvie.
5.2.6 You have no right to make any copies of the whole or part of the Website or any of the content therein.
5.2.7 You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Website save for any User Content that belongs to you.
5.2.8 You have no right to use any search mechanisms other than that provided on the Website and you will not use any web-crawler or any data harvesting tools to harvest data of any sort from the Website.
If you are found to be in violation of this clause Plushvie reserves the right to terminate your access to the Website immediately.
Nothing in these Terms shall be construed as creating a partnership or joint venture between you and us.
5.3 Our Materials Are Protected: All materials on Plushvie’s Website and Services, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively "Materials"), are proprietary property of Plushvie, our suppliers, our licensors, or users, and are protected by Indian and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other "hidden text" utilizing "Plushvie" or any other name, trademark, or product name of Plushvie without our permission.
5.4 Our Use of Third Parties' Marks Does Not Imply Endorsement: All other trademarks, registered trademarks, product names, and logos appearing on our Website and Services are the property of their respective owners.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
6. Third-Party Links, Sites, and Services
Plushvie takes no responsibility and assumes no liability for any User Content or other content, including links to web pages, that you or any other user or third party posts or transmits using our Website or Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.
Plushvie is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Website or Services.
Further any amendments made in third party website or linked pages need not necessarily mean amendment in our website unless expressly provided by us.
7. No Warranties
Plushvie is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
THIS WEBSITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF PLUSHVIE'S WEBSITE, MATERIALS, AND SERVICES IS AT YOUR SOLE RISK.
WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY
WARRANTIES arising out of the course of dealing or usage of trade.
We cannot assure that the transactions will be completed nor do we guarantee the ability or intent of the sellers on our website to fulfil their obligations in any transactions.
7.1 Plushvie does not represent in any manner that:
· The information, data or contents of the Website are accurate;
· The Website will be available at all times and will operate error free or that there will be uninterrupted access and service;
· The integrity of the information on the Website or information you upload will be maintained;
· The views of any of the users who may have posted content will be endorsed.
· The quality of services or representations made by any user of the Website have been verified or guaranteed.
· The credit worthiness of any user have been verified.
· The information posted herein, unless otherwise specifically so stated on the Website is screened or verified.
· The Website or any content is free from viruses or other malware.
7.2 Any verification conducted by Plushvie shall be limited to the capture, by an employee or agent of Plushvie of photographs of the product that is the subject matter of a listing or advertisement, and the other data level checks solely to avoid any fake listings, listings without photos, and duplicate listings on the Website. The photographs and such verified data are then listed on the Website and are available for viewing by all persons who visit the specific pages associated with a ‘verified listing’. Please be aware that the photographs and/or such verified data are specific to a particular time and that what you see in them may have subsequently been altered. We do not take any responsibility for the accuracy of the photographs and/or data or for keeping the photographs and/or data updated. The photographs are intended only as a preliminary visual guide to the wording of the listing and it shall be entirely your responsibility to visit, view and determine the suitability (for your needs) of any property listed on the Website prior to entering into any transaction with respect to the same.
7.3 The details provided on the relevant pages of the Website, such as images, rates, specifications, etc. are merely indicative and provided for information purposes. The actual details/information shall be provided only be the relevant advertiser/lister of the particular jewellery unit. The information shown on the Website is merely indicative and shall not be treated as final or conclusive for any purpose whatsoever. Further, any or all the furniture, fixtures, accessories shown in the floor plan of any jewellery unit is only indicative and may/may not be a part of the actual product offering by the relevant advertiser/lister of the jewellery unit. Such information/confirmation may only be sought from / provided by the relevant advertiser/lister. Neither the Website nor Plushvie shall be in any manner liable or responsible for any loss suffered by the user due to advances or deposits made by them relying on the information given in the advertisement, published on the Plushvie by the Developer/Promoter or the Jewellery Agent, for the reason of it being incorrect. The Website is only a platform for the advertising of opportunities for transactions that two users of the Website may enter into outside of the auspices of the Website or the Services provided by Plushvie. Any contractual or commercial agreements / deals / transactions / negotiations are agreed to between users alone and neither the Website nor Plushvie shall be in any manner liable or responsible for these commercial arrangements. Further any misuse of the platform, provided by plushvie, done by buyer or seller will be liable to “fraud” or “misrepresentation” under Indian contracts act 1872 If any user makes unauthorized usage of website and gets personal gain than plushvie has rights to proceed as it deems fit. Plushvie is not responsible for any breach of any contract concluded by any of the user/s. Plushvie does not stock / underwrite/deal / rent / block any movable property directly.
7.4 There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User. The Website is a venue only and does not screen or/and censor or/and otherwise control the listings offered to other Users, nor does Plushvie screens or/and censors or/and otherwise controls the Users of its Service. Plushvie cannot and does not control the behaviour of the participants on this Website. We cannot control whether or not Users of Plushvie will complete the transactions they describe on our Website. It is extremely important that the User takes care throughout his dealings with other people, users on this site. Plushvie does not accept or/and assume responsibility for the content or/and context of the user comment.
7.5 Your use of the Website and its functionalities shall not act to make Plushvie your agent in any form or manner. In case a visitor to the Website is desirous of conducting a site visit of the property he/she is third party, it shall be the sole liability and duty of the advertiser to arrange for such site visits. Plushvie shall not be liable in any manner whatsoever, towards any liability and/or costs, arising out of such site visits including but not limited to non-fulfillment by the advertiser in this regard. Any disputes between you and any other user/s are to be resolved between you and such user/s only and Plushvie is not responsible and shall not be required to mediate or resolve any disputes or disagreements between such users. You acknowledge and agree that you cannot and will not enjoin Plushvie or our affiliates, officers, employees, agents and professional advisors as a party to any such dispute.
7.6 You expressly release Plushvie, our affiliates, officers, employees, agents and professional advisors from any cost, damage, liability or other consequence of any of the actions of the users of the Website.
It is strictly prohibited to contact sellers personally and enter into any transaction with sellers. Further if any such transaction is taken place, we will not be liable for any consequences arising out of such transaction.
9. Limitation Of Liability
IN NO EVENT SHALL PLUSHVIE.IN, OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE MATERIALS, OR
9.1 Plushvie.in takes no responsibility/liability whatsoever for shortage or non fulfillment of the Service/ on the Website or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the
User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc against 9.1 Plushvie for “Deficiency of service” under The Consumer Protection Act or Information Technology (Intermediary Guidelines) Rules 2011 or/any other Act/Rules, etc.
9.2 Plushvie shall not be liable for any and all costs, charges, expenses, etc incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the user personally.
9.3 Plushvie shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damage, loss, either direct or indirect arising out of the use of the Plushvie mobile application on your mobile phone.
9.4 It is on user to ensure installation of appropriate safety mechanism on their device to avoid loss of any data or content or leakage of any private information.
10 General Terms
10.1 Termination: Plushvie reserves the right to terminate your access to the Website at any time, in our sole discretion. You acknowledge Plushvie’s right to do so and waive any claim that you may have arising from such termination. Notwithstanding the termination of access, all provisions, which by their nature are intended to survive, shall survive termination and continue to be applicable.
10.2 Price Variation Clause: Price mentioned on the website may vary when the making of product is accomplished. Please note that the price of final product depends on the metal used for making of such product. Hence, the final invoice shall vary accordingly. By clicking on “place order” button, the user agrees to pay any differential amount.
Note that the difference in final invoice amount will not exceed 5% of the total product/price value.
10.3 Force Majeure: In no event shall Plushvie be liable for any acts beyond our control including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of customer's data/information. Plushvie shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or members or to any other person's computer related to or resulting from participating or downloading materials/information from the website or for any acts of god.
10.4 Access: Plushvie does not make any claim that the Website and its contents may be lawfully viewed or accessed in the jurisdiction you are viewing it in. You are solely responsible for complying with the laws applicable to you.
Payment Gateway set up on this website is in accordance with Payment and Settlement Systems Act of 2007. All the payment and settlement systems operating on our website are safe, properly secured, sound, efficient, accessible and authorized. However incase of failure of payments or inappropriate transactions we are not responsible for non-compliance of payment gateway . It is upon user to ensure the details while making the payment and ensure the safety of payment related data.
10.5 Cancellation/Refund Policy: While availing any of the payment method/s available on the Website, Plushvie will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you. All payments made on the Website, including payments made toward jewellery bookings, are non-refundable. In the event payment is deducted from the User's account with non-completion of the booking, the exact amount shall be refunded to the User via the same mode of payment within 5-7 working days. All commercial terms are on a principal-to-principal basis between the Buyer and the Seller and Plushvie payment facility is merely used by the Buyer and the Seller to facilitate the completion of the transaction. Use of the payment facility shall not render Plushvie liable or responsible for the non- completion, non-payment, damage, breach of representations and warranties or fraud as regards the projects listed on Plushvie’s Website. Neither the Website nor Plushvie shall be in any manner liable or responsible for any loss or damages suffered by the user due to advances or deposits made by them relying on the information given in the advertisement, published on the Plushvie, by the Developer/Promoter or the Jewellery Agent, for the reason of it being incorrect.
For more detailed Cancellation/ Refund policy https://www.plushvie.in/return-policy
Plushvie is regestired under GST Act. We fulfill all the requirments of registration under CGST ACT 2017 AND SGST ACT 2017 and hence we are authorised seller. Further all the sales made by Plushvie are liable to tax and duties which will be collected from the buyers or sellers as we deem fit.
10.7 Complaints and Grievance Redressal
Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately reported to the Grievance Officer as in writing or through email signed with the electronic signature to info@Plushvie.in addressed to our Grievance Officer.
We request you to please provide the following information in your complaint so that Plushvie may be in a position to verify details or check the authenticity of the complaints:-
(a) Detailed Information of the complaining party (Name, Address, date of complaint, Contact details- telephone number or e-mail address)
(b) Order Id/ or any other Ids as may be required.
(c) Your Complaint statement in detail.
(d) References or attachments if required. (Attachments may be in snapshots/ Docs/ PDF or any other authentic format)
10.8 Modification of Plushvie’s Services: Plushvie reserves the right to modify or discontinue (completely or in part) our Website, Services, or any content appearing therein on Plushvie website will not be liable to you or any third party if we exercise this right, nor will be liable for any monetory loss or any other loss arising out of such modifications
10.10Dispute Resolution: Notwithstanding that you have entered into an additional agreement with Plushvie that provides for an alternative dispute resolution mechanism, you agree that any dispute arising between you and Plushvie.in which cannot be resolved amicably, shall be conclusively resolved by a sole arbitrator. The Arbitration shall be conducted as per the Arbitration rules laid down under the Arbitration and Conciliation Act, 1996, and any modification/amendment effected thereafter from time to time. The arbitration shall be conducted in the English language and the award passed by the Arbitrator shall be final and binding on both parties. The cost of arbitration shall be borne by you, unless awarded otherwise. Further when matter cannot be resolved by arbitration in such case, matter may be carry forwarded to court as mentioned in next clause.
10.16 No commercial benefit: It must be noted that buyer is strictly prohibited from buying and using our products with intent of performing commercial activity and/or using such product in course of or furtherance of their business.
10.17Notices: Any notices or other communications that you wish to send to Plushvie.in may be addressed to the registered office mentioned above. Also any communication made to you on behalf of plushvie will be considered appropriate only if made from legitimate source. We are not responsible for consequences arised due to any communication made to you on behalf of plushvie from any unauthorized source.