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PRIVACY POLICY
General
- 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 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 Terms of Use for access or usage of https://tgngifts.in/.
- The domain name https://tgngifts.in/ (“Website”), is owned and operated by TGN Jewellers , a Partnership Firm registered under Registrar of Firms, Registered Number being 309 of 1969 under the name and style of “T. Govindarajulu Naidu” having its Office at 28, NSC Bose Road, Chennai – 600079, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
- For the purpose of these Terms of Use (“Terms”), wherever the context so requires, i) The terms ‘You’, ‘Your’ & ‘User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872; ii) The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website https://tgngifts.in/ and/or the Company TGN Jewellers, as the context so requires. iii) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
- The headings of each section in these Terms are only to organize the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The use of the Website by the User is solely governed by these Terms as well as the Privacy Policy (“Policy”, available at https://tgngifts.in/privacy-policy-2/), and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the User’s unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other, save as provided in Section 3 hereunder.
- The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
- The User has a duty to periodically check the terms and stay updated on its requirements as the company has the discretion to change its terms and conditions without intimation. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
Termination
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
The Online Platform
The Company has created a platform which showcases a collection of gold jewellery , coins, bars , silver articles , leg chain, coins and bars.
Charges
The use of this Website by the User, including browsing the Website and availing any Services offered therein is free of cost. The User is only required to pay for the product purchased by the User from the Website. However, the Company reserves the right to amend this no-fee policy and charge the User for any or all services offered/rendered.
Mode of Payment
The following payment options are available on the Website: a) Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks; b) Visa & Master Card Debit cards; c) Netbanking/Direct Debit payments from select banks in India; d) Cash on Delivery of the product to the user. A list of available options will be made available at the time of ‘checkout’.
To complete an online transaction, please provide your 16-digit credit or debit card number, expiration date, and 3-digit CVV code. Your card statement will reflect a payment to TGN Jewellers.
We utilize secure third-party payment gateways for all online transactions. To place an order, kindly complete the checkout process, including payment authorization. Our customer service team may contact you for assistance if needed. By placing an order, you acknowledge and agree to our terms and conditions, as well as our payment policy.
Upon adding products to your shopping cart and proceeding to checkout, you will be prompted to provide your delivery address and contact information. Following successful payment authorization, we will commence order processing. The shipment of your purchased items will be subject to product availability and our efficient logistics operations.
Returns and Market Loss Policy
Upon securing a purchase from or sale to TGN Jewellers of any product priced using the spot price of metals, your order is binding and cannot be cancelled. Should you fail to meet your obligation, whether purchasing from or selling to TGN Jewellers, you will forfeit any deposit made on the transaction. Further, we may at our sole discretion redeem the products or reverse the wholesale order at the current market prices. You shall be responsible for any losses suffered by TGN Jewellers, all additional charges arising as a result of the redemption, and a single Redemption Fee may be charged. Any market gains at the time of redemption shall remain the sole property of TGN Jewellers.
Security
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company/Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
Suspension of user’s access and activity
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspending/terminating the User’s membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause: a) If the User is in breach of any of these Terms or the Policy; b) If the User has provided wrong, inaccurate, incomplete or incorrect information; c) If the User’s actions may cause any harm, damage or loss to the other users or the Website/Company, at the sole discretion of the Company.
Indemnity and Limitation
The User agrees to defend, indemnify, and hold harmless the Website and Company, along with their respective employees, directors, officers, agents, and successors from any claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, arising from the User’s actions or omissions. This includes any breaches of warranties, representations, or obligations under this Agreement, violations of applicable laws, rules, or regulations, and any third-party claims, including but not limited to intellectual property infringement, defamation, privacy violations, or service interruptions.
The Company/Website shall not be liable for any special, incidental, indirect, consequential, or punitive damages, including those resulting from lost use, data, or profits, whether foreseeable or not. This applies regardless of the theory of liability, including breach of contract, negligence, or other tort.
The limitations and exclusions in this section apply to the fullest extent permitted by law. If any future law or regulation would result in the Company/Website incurring liability, this Agreement will terminate one day before such law or regulation takes effect. The provisions of this section will survive the termination or expiration of this Agreement.
Dispute Resolution and Jurisdiction
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. If the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration: If the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Chennai in the state of Tamil Nadu, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India and that the Courts at Chennai shall have exclusive jurisdiction over any disputes arising between the Parties.
Storing Precious Metals
You are solely responsible for the storage of your metals. We recommend you exercise caution and discretion when deciding on your method of storage. TGN Jewellers assumes no responsibility after good delivery of the product(s) for any consequence resulting from storing your metals whether home-delivered, with any custodian/facility, or through the use of professional storage services.
Notice and use of the Internet for Communication
Consistent with the terms of Registration and Privacy, you agree that we may rely on any instructions or communications from your account as authentic and coming directly from you.
By providing https://tgngifts.in/ your e-mail address, you consent to our using the e-mail address provided by you to send you service-related notices, including any notice required by law, in lieu of written communication by postal mail. We may use your email address to send you other messages, including changes to https://tgngifts.in/ features and special offers. You may also unsubscribe to certain e-mail communications at any time.
You acknowledge that it is your responsibility to have reliable e-mail services that our messages will be transmitted to you without interference and that you will not attempt to circumvent receipt of any communications. Therefore, we are entitled to rely on your receipt of messages from us; and any future access to the https://tgngifts.in/ website, TGN Jewellers products, services or contact with TGN Jewellers shall constitute acceptance of our most current terms. It is your responsibility to update us on any changes to your email and to ensure that any communications from us will be received by you.
Links and Other Websites
Our products and services may contain links to other Internet websites or resources. Furthermore, other Internet websites or resources may link to our products and services. TGN Jewellers neither controls nor endorses such other websites, nor will it review or approve any content that appears on such other websites. If you choose to follow a link to another website, the terms of service and privacy policy of that website, not the https://tgngifts.in/ website, apply. You acknowledge and agree that TGN Jewellers shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Integration
This Agreement contains the final and entire agreement between you and TGN Jewellers regarding your use of https://tgngifts.in/ the website and all TGN Jewellers-managed products or services and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements between you and TGN Jewellers
Miscellaneous Provisions
- Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
- Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, 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 breach, or a waiver of any other breach of these Terms.
Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.