Terms and Conditions

of use of the website and the application

Introduction

13Karat is powered by Aeries Financial Technologies Private Limited (the “Company”) a private limited company limited by shares and registered under the Companies Act, 2013 and having its registered office at 5th Floor, Paville House, Off Veer Savarkar Marg, Prabhadevi Mumbai – 400025, Maharashtra. The Company is the exclusive licensee of the website and application in Indian Territory. The Company is facilitating financial services to customers through its digital platform (Application or Website) and providing other value-added services to such customers.

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules there under in force, and the provisions pertaining to electronic records in various statutes as amended by the IT Act from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the internet resource www.13karat.in as well as the 13Karat mobile application platform and any other application or software run under the brand name “13Karat”.

In connection therewith, subject to and on the terms and conditions set out herein, the Company has agreed to provide the Services from time to time to any user (“user”, “you” or “your”) of the 13Karat Services (defined hereinafter) to any User of the 13Karat Services the Application and/or the Website owned and operated by the Company (“Platform”) and You, hereby, agree to avail the 13Karat Services in accordance with these terms of use (“Terms of Use”).

If you do not agree with any of these Terms and Conditions, you must not access the Platform. If you access the Platform or use the 13Karat’s services as defined hereunder, the Terms and Conditions shall be a legally binding agreement between you and the Company.

The Terms and Conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto, “hereunder” and words of similar import refer to this Terms and Conditions as a whole.
Please note that by use of the Platform and any 13Karat services provided by the Company, you also agree to be bound by the additional terms and conditions and policies referenced herein and/or available by hyperlink, including without limitation the Company’s Privacy Policy (available at www.13karat.in, other policies of the Company. You shall also comply with the terms and conditions applicable for use of the Apple App Store / Google Play Store and/or any other platform where the Application is made available for download.

DEFINITIONS

Capitalized terms, not defined elsewhere in these Terms of Use, shall mean as follows:

“13Karat Services” means the services provided by the 13Karat from time to time;

“Applicable Laws” means all applicable (i) statutes, enactments, acts of legislature or parliament, laws, bye-laws, ordinances, rules, regulations, listing agreements, notifications, guidelines or policies of any applicable jurisdiction; (ii) administrative interpretation, writ, injunction, directions, directives, judgment, arbitral award, decree, orders or consents of, or agreements with, any Governmental Authority or a recognized stock exchange; and (iii) international tax treaties, as may be in force from time to time;

“Governmental Authority” means any Indian or non-Indian court of competence, arbitral tribunal, legislative, executive or administrative agency or commission or other governmental or regulatory agency or authority or any securities exchange;

“Intellectual Property Rights” means:

patents, trademarks, trade names, service marks, service names, logos, internet domain names, corporate names, rights in designs, copyright (including right in computer software) and moral rights, database rights, semiconductor topography rights, utility models, formulae, processes, trade secrets, proprietary information, rights in knowhow and other intellectual property rights, in each case, whether registered or not and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world;
rights under licenses, consents, order or statutes or otherwise in relation to a right under paragraph (a);
rights of the same or similar effect or nature as or to those under paragraph (a) and (b) which now or in the future may subsist;
the right to sue for past infringements or any of the foregoing rights.

“Partner” means RBI regulated Peer to Peer NBFC who has entered into an agreement with the Company in connection with the provision of the 13Karat Services; and

“Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.

ELIGIBILITY

‍The user of this Platform declares that: (i) User is a natural person; (ii) User is capable of entering and authorized to enter into a legally binding agreement; (iii) all information User submit is accurate and truthful; (iv) User will maintain the accuracy of such information; (v) User are not barred or otherwise legally prohibited from accessing or using 13Karat Services under Applicable Laws; (vi) expressly acknowledges and agrees that use of the 13Karat Services is permitted only for those who are physically located in India at the time of registration, linking to any offering forming part of the 13Karat Services.

To avail 13Karat Services, you should be an Indian citizen and resident with an active Indian mobile number and bank account.

In order to avail of the services from the Company and/or the Partners, you will need to provide details which includes accurate personal information. You will be required to submit certain documentation including but not limited to the User’s PAN card number, Aadhaar card number, phone number and other details (“Information”). You consent to the collection and storage of the Information and disclosure to the Partners and other persons, as deemed necessary by the Company. By accepting these Terms of Use, you further grant the Company an unconditional right to share your personal information with the Company’s partners, associates, affiliates, their respective employees and agents for administrative purpose (including the Partners). The User represents and warrants that the information provided by the User to the Company is true and correct in all respects.

TERMS OF USE

Your use of the Platform is subject to the following terms of use:

The content of the pages of the Platform is for your general information and use only. It is subject to change without notice. Unauthorized use of the Platform may give rise to a claim for damages and/ or be a criminal oﬀence.
The service statements on the Platform are for general description purposes only. The information contained on the Platform should not be viewed as an oﬀer to sell or as a solicitation to purchase any of our services. Furthermore, not all services are available in every state or country.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or oﬀered on the Platform for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
The Platform may contain links to other third-party sites. Such sites will contain their own separate terms and conditions. Your access to and use of these interactive sites will require acceptance of the separate terms and conditions.
You agree to use the Platform only for lawful purposes. You agree not to take any action that might compromise the security of the Platform, render the Platform inaccessible to others or otherwise cause damage to the Platform or the content therein. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you.
You agree not to use the Platform in any manner that might interfere with the rights of third parties.
This Platform uses cookies to monitor browsing preferences.
We make no warranties or representations about the Platform or any of its content. The Company is not responsible to you or anyone else for any damages of any kind, including (but not limited to) any direct or consequential loss and losses resulting from security failure, disclosure of conﬁdential information by other parties or the transmission of a computer virus, suﬀered in connection with the use of the Platform. Your use of any information or materials on the Platform is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Platform meet your speciﬁc requirements.
All material and all Company software are proprietary to Company and protected by world wide copyright and other intellectual property laws. Except as stated herein, none of the materials may be modiﬁed, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photo copying, recording or other means, without the prior express written permission of the Company.
Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any rights to any third party or any other person. Your use of the Platform means you are consenting to this Terms of Use and agree to be legally bound by it.
You acknowledge and agree that nothing in these Terms of Use shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in the Platform or any other Material or any part thereof to you or any third party.

PROHIBITED USE

As a condition of your use of the Platform, you will not use the Platform for any purpose that is unlawful or prohibited by these Terms of Use or by any domestic or international laws, statues, ordinances and regulations. Your use of Platform is your responsibility.
You shall not, display, upload, modify, publish, transmit, update or share any information on the Platform, that –

Belongs to another person and to which you do not have any right;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, 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;
Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” or unsolicited commercial advertisement;
Harm minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights;
Violates any law for the time being in force;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly oﬀensive or menacing in nature;
Impersonate another person or entity;
Advertises or offers to sell any goods or services for any commercial purpose;
Contains software viruses or any other computer code, ﬁles or programs designed to interrupt, destroy or limit the functionality of any computer resource.
To access the 13Karat Services through any automated means (including by use of scripts or web crawlers).

PREMATURE WITHDRAWAL

The amount lent by you (“Investment“) shall be locked in for a period of 30 days from the date of investment (“30 Days“). During such 30-Day period, you may not withdraw the Investment.
After the 30-Day period, you may withdraw the Investment. You will however be liable to pay a facilitation fee amounting to 1% of the Investment amount (“Facilitation Fee“) – which we shall deduct from your Investment amount.
You shall receive back your Investment amount after the deduction of the Facilitation Fee. We shall endeavor to transfer your Investment amount minus the Facilitation Fee to your original payment method within 5-7 working days.
Premature withdrawals are not permitted for investments made under any offer or referral program.

NATURE OF THE SERVICES

The Company has developed and is the owner of certain software, application, website which enables provision of the 13Karat Services.

The scope of13Karat Services, including the terms of use, is subject to amendments from time to time, which shall be notified to you upon any material amendments being implemented. Without prejudice to the generality of the foregoing, the Company shall be entitled to undertake enhancements for customer experience and transaction security in its absolute discretion. For the avoidance of any doubt, it is clarified that enhancements may also be in the nature of optimisation procedures, both manual and machine learning based, for different modes of payments in order to improve the payment performance.

You acknowledge that you shall be required to provide up to date, correct and accurate information, including its mobile number registered with the relevant bank, email address, and any other information, details as maybe required by the Company or the Partners from time to time.

Please note that the Company is merely a facilitator of financial products and does not directly provide any financial services to the Users. The Company neither lends nor is registered with the Reserve Bank of India and does not hold any license to engage in any activities relating to lending or borrowing and is not a financial institution regulated under the Banking Regulation Act, 1949, the Reserve Bank of India Act, 1934 or any other laws for the time being in force in India. The Company is also not a deposit taking company or a chit fund or a company offering any investment schemes as per the rules and regulations for the time being in force in India.

DATA PRIVACY

This Platform’s Privacy Policy governs our collection, use, and disclosure of your personal information and is incorporated into these Term of Use. Please read it carefully. It describes what information we collect from you and when, how and why we may create an account for you, who We share your information with and when and how you can opt-out or delete your account. This is important information. By providing your personal details and by using our Platform, you consent to our Privacy Policy.

Return Policy

Outlining guidelines for products being returned by your customers, which must include the return process and eligibility criteria.

Shipping Policy

Outlining guidelines for products being shipped to your customers, which must include shipping timelines, product return process (for physical and digital – products), and order tracking details, if available.

Refund/Cancellation Policy

Outlining guidelines for refunds and cancellations, which must include refund/cancellation timelines and eligibility criteria. Cases of no refund/cancellation should clearly be mentioned.

CHANGES TO TERMS & CONDITIONS

You can review the most current version of the Terms of Use at any time. The 13Karat reserves the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to the Platform. It is your responsibility to check this page periodically for changes. Following the posting of any changes, your continued use of or access to the platform or the use of the product or services from 13Karat, constitutes acceptance of such revised Terms of Use. We also reserve the right to change the Platform without notice to you, at any time.

TYPOGRAPHICAL OR OTHER ERRORS

While the Company takes reasonable care and skill to provide information which is accurate and up to date when ﬁrst included on the Platform, typographical and other errors may nevertheless occur. We do not undertake to update or correct such information and reserve the right to modify, delete and rearrange any or all of the contents of the Platform at any time without notice to you. While we make reasonable eﬀorts to prevent unauthorized tampering with the Platform, we do not guarantee that our eﬀorts will always be successful. Therefore, as set out hereinafter, we do not warranty that the Platform materials will be error-free, and disclaims any liability for such errors.

REPRESENTATIONS, WARRANTIES AND COVENANTS

You hereby represent, warrant and covenant to the Company that:

all information provided by you to the Company and/or the Partners is and shall be maintained as true, correct and accurate in all respects;
you are not barred or otherwise prohibited from accessing or using 13Karat Services or the services / products provided by the Partners in any manner;
falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signatures or perform any other fraudulent activity;
you shall promptly provide all information and assistance as may be required by the Company or the Partners from time to time in dealing with requests or queries of any Governmental Authority;
You agree to provide KYC and similar relevant details & documents to Company and the Partners, in electronic and physical form, as may be required by Company. Also, you hereby authorise the Company to use your KYC and details for all such services that the Company may offer, by itself or through third parties, from time to time.
You authorise the Company to read and access messages on the device utilising the 13Karat Services for retrieval and use for the enhancement of 13Karat Services.
You shall not share the username and password with other Persons and acknowledge that such sharing shall cause irreparable harm to you and the Company and that you shall be liable to indemnify the Company and the Partners for any loss or damage suffered as a result of any unauthorised use.
It is agreed that the Company and the Partners shall be entitled to rely upon all electronic communications, orders or messages sent to Company and the Partners. The Company and the Partners shall not be obligated to verify or make further inquiry into the identity of the sender, or integrity of any communications. The Company and the Partners shall not be responsible for any losses sustained through the use of stolen or hacked devices or fraudulent electronic transactions.
Without limiting the foregoing, you agrees that you shall not use the 13Karat Services or the products/services of the Partners to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:

is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
interferes with or disrupts the 13Karat Services or the services/products of the Partners or their websites, servers, or networks;
engages in any illegal activities;
belongs to another person and to which the user does not have any right;
is defamatory, obscene, pornographic, pedophile, invasive of other’s privacy including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
is harmful to child;
infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
impersonates another person;
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
defames the Company or the Partners, and their employees, officers, directors, agents, Partners and service providers, including without limitation, by posting any defamatory content on any social media; and
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 the investigation of any offence or insults any other nation.

You shall not attempt to or engage in any activity that may:

reverse engineer, decompile or otherwise extract the source code related to the 13Karat Services or the services/products of the Partners or their websites, servers, or networks or any part thereof,;
use any robot, spider, retrieval platform or other similar devices;
collect information about other users for any illegal or unlawful purpose;
create any user accounts by automated means or under false or fraudulent pretenses;
transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature;
use the 13Karat Services or the services/products of the Partners or their websites, servers, or networks in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the 13Karat Club Services or the services/products of the Partners or their websites, servers, or networks, or interfere with any other third party Person’s use and enjoyment of the 13Karat Services or the services/products of the Partners or their websites, servers, or networks; and

carry out any denial of service (DoS, DDoS) or any other harmful attacks on the 13Karat Services or the services/products of the Partners or their websites, servers, or networks or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the 13Karat Services or the services/products of the Partners or their websites, servers, or networks.

Termination

The Company reserves the right to terminate/discontinue the 13Karat Services or the services/products of the Partners to you and/or its relationship with you, at any time, for any cause, including, but not limited, to the following:

For any suspected violation of the rules, regulations, orders, directions, notifications, laws, statutes, from time to time or for any violation of the terms and conditions mentioned in these Terms of Use;
For any suspected discrepancy in the particular(s), documentation or information provided by you;
To combat potential fraud, sabotage, willful destruction, threat to national security, for any other force majeure reasons etc.;
If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
If you do not have the control over your login details and password or your account is compromised in any other manner;
If you indulge in any abusive or aggressive or threatening behavior or any act or any intimidation or harassment of any kind (be it verbal or physical or written) against any employee / representative / agent of the Company or the Partners or any other user; and if the Company believes, in its reasonable opinion, that cessation/ suspension is necessary.

The Company shall have the right immediately to terminate this agreement with you and your use of the Platform if we determine in our sole discretion that you have breached any of these Terms of Use or otherwise been engaged in conduct which we determine in our sole discretion to be unacceptable. Upon termination or expiration of these Terms of Use, your obligations and our rights and disclaimers survives, but your right to use the Platform immediately ceases. Any express waiver or failure to exercise promptly any right under these Terms of Use will not create a continuing waiver or any expectation of non-enforcement.

WARRANTIES

Your use of the 13Karat services and all information, products or services of the Partners and other content (including that of third parties) included in or accessible from the 13Karat Service is at your sole risk. The Company providing services on an “as is” and “as available” basis. The Company expressly disclaim all warranties of any kind as to the 13Karat services and all information, products or services of the Partners and other content (including that of third parties) included in or accessible from the 13Karat services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company make no warranty that (i) the 13Karat Services will meet your requirements, (ii) the 13Karat Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the 13Karat Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the 13Karat Services will meet your expectations, or (v) any errors in the technology will be corrected.

And you are solely responsible for any damage to your computer system or loss of data that results from the download of any material. No advice or information, whether oral or written, obtained by you from the Company through or from the 13Karat Services will create any warranty not expressly stated in these Terms and Condition.

You acknowledge that You have not solely relied on any representation/warranty made by the Company, Partners, service providers, subcontractors or agents and has made independent assessment. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information.

LIMITATION OF LIABILITY

Notwithstanding anything to the contrary contained herein, neither the Company nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to you or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these Terms and Conditions. To the maximum extent permitted by law, you waive, release, discharge and hold harmless the Company, it’s affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform.

In no event shall the Company be liable to You for any damages, losses, or causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed the amount, if any, paid by you to us for accessing this Platform.

The Company shall make all best efforts to provide uninterrupted services subject to down time and regular maintenance. Notwithstanding anything in these Terms of Use, you acknowledge that the access to the Platform may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro.

THIRD PARTY SERVICES

13Karat may provide you with access to third-party tools and services and certain content, products and services available by the Company and the Partners may include materials from third-parties which 13Karat neither monitor nor have any control over.

You acknowledge and agrees that the Company provides access to such links, website, tools and services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any materials, products, or services of third parties, including the Partners. The Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools and services. You are requested to review the third-party’s policies and practices carefully and make sure that you understand them. Complaints, concerns, or questions regarding third-party products should be directed to the third-party.

INTELLECTUAL PROPERTY

All Intellectual Property Rights in the 13Karat Services belong to the Company. Nothing in these Terms of Use shall operate to transfer any Intellectual Property Rights beyond the specific licenses, as may be specifically granted to you in writing. The Company retains ownership of all right, title to, and interest in any and all Intellectual Property Rights developed, owned, licensed or created by the Company.

No part or parts of the 13Karat Services may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without the Company’s prior written permission.

You are permitted to access the Platform in accordance with these Terms of Use:

No part of the contents of this Platform may be modiﬁed, transmitted, or otherwise used without our express permission except as provided herein.
You shall not convert the Intellectual Property (“IP”) from a machine-readable form into a human-readable form.
You shall not perform any other activity related to the IP Property that could be construed to be reverse engineering, disassembling, or decompiling; or
Unless speciﬁcally requested, the Company, not-solicit nor does it wish to receive any conﬁdential, secret or proprietary information or other material from you. By submitting or sending information or other material to us you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to us you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived. You agree and acknowledge that by using the Platform, any and all communications and/or information transmitted by you to or through the Platform will not be treated as conﬁdential or proprietary. You agree to defend, indemnify and hold the Company and each of its directors, oﬃcers, employees, agents and aﬃliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Platform or the placement or transmission of any message, content, information, software or other materials through the Platform by you.
No part or parts of the 13Karat Services may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without the Company’s prior written permission.
“13Karat” logo/word mark are registered trademarks or applied for registration and/or service marks of the Company and is licensed to Company for exclusive use in Indian Territory. Nothing contained in the Platform should be construed as granting, by implication or otherwise, any license or right to use these marks without express written permission of Company.
Other names, company names, brand names, registered and unregistered trademarks or service marks and logos (the “Marks”) are the property of their respective holders. Nothing contained in the Platform should be construed as granting, by implication or otherwise, any license or right to use the Marks without express written permission of the owner or rights holder with respect to such use.

ADVERTISING MATERIAL

Some part of the Platform may contain advertising information or promotion material or other material submitted to the Company by third parties. Responsibility for ensuring that the material submitted for inclusion on Platform complies with applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers or including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Company will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform. Company reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, the Partners and their respective parent, subsidiaries, affiliates, Partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Indemnified Parties”), from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of the your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any Applicable Law or the rights of a third-party.

WAIVER

Any failure or delay by the Company to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by the Company of that provision or right. The exercise of one or more of the Company’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to the Company under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of the Company.

FORCE MAJEURE

If performance of 13Karat Services is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, malware, trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause (“Force Major Event”), which are beyond the reasonable control of the Company and could not have been prevented by reasonable precautions, then the Company will be excused from performing those obligations rendered un-performable to the extent of and during the period of such Force Majeure Event, and such non-performance shall, in no manner whatever, amount to a breach by the Company of its obligations herein or incur any legal liability on the Company. The Company shall use reasonable efforts to limit damages and to resume its performance pursuant to these Terms of Use.

GOVERNING LAW AND JURISDICTION

These Terms of Use will be governed by the laws of the India without any application of conflict of laws principles. In case of any differences, disputes or disagreements between you and the Company (“Dispute”), you and the Company shall attempt to amicably resolve such dispute within 30 days from the date on which such Dispute arose.

In case you and the Company are unable to amicably resolve the Dispute within 30 days from the date on which such Dispute arose, the Dispute may, at your option or the option of the Company, be referred to arbitration by a sole arbitrator appointed jointly. The seat of arbitration shall be Mumbai and the language of arbitration shall be English. In the event you have in any manner violated or threatened to violate this the Company’s intellectual property rights, We may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts.

CONTACT INFORMATION

‍Questions about these Terms of Use should be sent to Company on the details given below:

Name: Ms. Anvesha Gupta

Address: – 5th Floor, Paville House, Twin Towers Lane, Off Veer Savarkar Marg, Prabhadevi,
Mumbai-400025.

Email: grievance@13karat.in

[9:30 AM to 6:30 PM, Monday to Friday except Public Holidays]

Notice shall be sent to the contact address set forth here (as such may be changed by notice given to the other party), and shall be deemed delivered as of the date of actual receipt.

Any notice or demand to be given in relation to the Terms of Use shall be in writing and shall be deemed to have been duly given if sent by email to you at your email address, by message if sent to your registered mobile number, or by a courier service or registered A. D. or personally delivered to the address given to you. Any notice or demand so given or made shall be deemed to be given or made on the day it was so left or; as the case may be, two days following date on which it was so posted or transmitted, or in case of message, at the time of transmission to the registered mobile number, and shall be effectual notwithstanding that the same may be returned undelivered and notwithstanding change of your details.

You acknowledge that you may receive communication over voice calls and messages regarding the 13Karat Services, and products, and such other promotional communications. You unconditionally consent that such communications are upon your request and authorization, not ‘unsolicited commercial communications’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and are in compliance with the relevant guidelines of TRAI or such other Governmental Authority.

CUMULATIVE RIGHTS

The rights and remedies of the Company provided in this Terms of Use are not exclusive, but are cumulative upon all other rights and remedies to the full extent allowed by law.

ENTIRE Agreement

These Terms of Use read along with the Privacy Policy constitute the entire agreement between Company and you pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements. Provided that, these Terms of Use shall be read in conjunction with any specific terms of use or conditions for the use of the 13Karat Services and any requirements specified by Partners. Any breach of such other conditions or terms shall be deemed to be a breach of these Terms of Use.