Terms & Conditions

Kalkata Gold Private Limited, a company incorporated under the Companies Act, 2013 (together “Company”, “We” or “Us” and their connotations) operate website www.kalkatagold.com (“Website”), a mobile application “KKG” available on Google play store (“App”) and Appeal web app link, the uniform resource locator and/or mobile application created for each Merchant (“Merchant Platform”) The Website and the Mobile App together are referred to as a “B2B Platform.” The company provided only gold jewellery to the Merchant (“B2B Business”)

The users of the Platform shall mean to include any individual or corporate body, who has agreed to become a user of the Platform by accessing or using the Platform., retailers (“Merchant”) The term “User” for the purposes of these Terms shall be read as “You” and its connotations and shall mean the Merchant as the context may so prescribe.

These terms and conditions (“Terms”) read together describe the terms on which the Company grants Users access to the Platform. By using or accessing this Platform, you agree to accept, adhere to, and bound by all Platform Policies. You must not use or access this Platform if you disagree with these Platform Term and Condition Policies.

If you are below 18 years of age, you are prohibited to use from or with this Website and app. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 are not eligible to use or transact through this Website and app.

Those who choose to access this Website from outside India are responsible for compliance with local laws to the extent local laws are applicable.

• The Merchant undertakes to provide accurate and correct information while registering on the Platform, while availing B2B Services and while offering Merchant Services. The Merchant shall provide all such documents as and when required by the Company. In case of any changes in the aforementioned information, the Merchant shall immediately inform the Company in writing and rectify the information. The Merchant agrees and confirms that we may review the information provided and undertake any appropriate due diligence. However, we shall not be liable for any loss or damage caused to the Merchant due to submission of inaccurate information.
• The merchant agree that B2B Services and Merchant Services may have specific terms and conditions associated with them and You by using those B2B Services and/or Merchant Services agree to be legally bound and govern by those terms and conditions along with the Platform Policies.
• The Merchant only will have to take the selected ornament.
• That time you select the ornament is the same time the live Rate will be Applied.
• Payment Of Selected Ornament will have to be done along with delivery or before delivery.
• Selected ornament must be taken in two or three days otherwise the order will be cancelled and you will have to pay the full wastage of that ornament.

• A tentative delivery date / time will be given along with the order confirmation message or call.
• If there is a public holiday or Sunday, the for delivery will extend by another day.
• Please note that delivery is the subject matter of delivering a product from one place to another which may exceed the promised time.
• Delivery charge applicable as per route/distance.
• The responsibility of providing the correct delivery address lies with the merchant and any losses incurred by the Company because of the wrong delivery address shall be borne by and/or recovered from the merchant.

• If there is a manufacturing defect, the defect will be repaired by us.
• Any replacement of gold, stone added and such other addition will be charged.
• No return for any reason whatsoever would be allowed after 3 days of the delivery of the ornament.

Company hereby grants you the limited right to access, view and use the Platform only for the purposes of providing or availing the Merchant Services. Any rights not expressly granted to you herein are reserved to Company.

Notwithstanding anything, you are specifically restricted from all of the following:

• publishing any Platform material in any other media unless expressly permitted by the Company;
• duplicating, downloading, reproducing, exploiting or creating any derivative works of the Platform material;
• framing or utilizing any framing techniques to capture any trademark, logo, or other proprietary information in any form belonging to the Company without its express written consent;
• using this Platform to engage in any advertising or marketing unless expressly permitted by the Company.

TO THE EXTENT PERMITTED BY LAW, COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR ANY OTHER LOSS OR DAMAGE RESULTING FROM (I) THE TRANSFER OF DATA OVER PUBLIC COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, OR (II) ANY DELAY OR DELIVERY FAILURE ON THE PART OF ANY OTHER SERVICE PROVIDER NOT CONTRACTED BY COMPANY, AND YOU ACKNOWLEDGE THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. YOU ACKNOWLEDGE THAT COMPANY CANNOT GUARANTEE THE ABSOLUTE PREVENTION OF CYBER-ATTACKS SUCH AS HACKING, SPYWARE, AND VIRUSES. ACCORDINGLY, COMPANY SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED DISCLOSURE, LOSS OR DESTRUCTION OF YOUR CONTENT ARISING FROM SUCH RISKS.

You will indemnify, defend and hold harmless Company from and against any and all claims arising out of or in connection to (a) any content, or any acts or omissions that constitute a breach or alleged breach of any of the provisions or obligations under these Terms or (b) any service or product being offered by You in connection with or using the Platform.

• Other than the content you own, under these Terms, We and/or our licensors/suppliers own all the intellectual property rights and materials contained in this Platform. You acknowledge that You are obtaining only a limited right to the Services and that irrespective of any use of the words “purchase”, “sale” or like terms in these Terms no ownership rights are being conveyed to You under these Terms. You agree that Company or its suppliers retain all right, title and interest (including all intellectual property rights) in and to the Services, and any and all related and underlying technology and documentation and any derivative works, modifications or improvements of any of the foregoing, (collectively, “Company Technology”). Except as expressly set forth under these Terms, no rights in any Company Technology are granted to You. Further, You acknowledge that the Services are offered as an on-line, hosted solution, and that You have no right to obtain a copy of it.

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

The Company is permitted to revise these Terms at any time as it sees fit, and by using this Platform you are expected to review these Terms on a regular basis. The Company shall not be liable to give any prior notice for any amendments to these Terms.

The Platform Policies along with any specific terms and condition communicated with respect to the B2B Services and Merchant Services constitute the entire agreement between the Company and You in relation to your use of this Platform, and supersede all prior agreements and understandings.

• Company may remove, restrict, cancel or suspend access to and/or use of the Service and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of the Platform Policies. We can take an injunctive relief or any other legal action as deemed necessary considering the circumstances and We shall not be liable for any loss to You owing to termination.
• You may also terminate your agreement with Company by ceasing to access the Service, deleting all copies of the Platform or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.

If You have any questions about these Terms or have any grievance, objection or complaint with respect to the Platform, Platform Services, Users or Company please contact the grievance officer by email or call email address kalkatagold2021@gmail.com.

Copyrights : © Kalkata Gold Pvt. Ltd. 2023-24.