This User Agreement is effective for users immediately.
The following describes the terms on which www.sparklingdrop.com offers you access to our sites, services, applications, and tools.
- Welcome to www.sparklingdrop.com. By using Sparklingdrop (including Sparklingdrop.com and its related sites, services, applications, and tools), you agree to the following terms and the general principles for the sites. www.sparklingdrop.com (“Website”) is an Internet based portal owned and operated by Royal Gold Jewellery Creations Pvt. Ltd. a company incorporated under the laws of India, with its registered office at Kotahwala Market, Nawab Shaeb Ki haveli, Tripolia Bazar, Jaipur – 302002. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Sparklingdrop at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
Sparklingdrop agrees to deliver the merchandise ordered by you only at such locations as per the Order Confirmation Form. Sparklingdrop shall not be liable to deliver any merchandize or Services purchased by Users for delivery in locations outside India shall not be entertained.
(i) using this Website or any facility or Service provided by this Website in any way;
The Website is a platform that facilitates the online sale and purchase of branded merchandise and services offered by sparklingdrop’s various affiliate/ registered merchants/ vendors/service providers at a discounted price (“Services”). The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the Terms of Offer For Sale (“Terms of Offer For Sale”)
- Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the sparklingdrop website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. sparklingdrop reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to sparklingdrop’s notice or if it is discovered that you are under the age of 18 years.You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
- User Account, Password, and Security:
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify sparklingdrop.com of any unauthorized use of your password or account or any other breach of security, and
(b)ensure that you exit from your account at the end of each session. sparklingdrop.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- Pricing Information
Sparklingdrop strives to provide You with the best prices possible on products and services You buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer For Sale.
You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. sparklingdrop expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
sparklingdrop shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by sparklingdrop with our acquiring bank from time to time.
- Using Sparklingdrop
While using Sparklingdrop sites, services, applications, and tools, you will not:
- post content or items in inappropriate categories or areas on our sites and services;
- violate any laws, third party rights or our policies;
- use our sites, services, applications, or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications, or tools;
- fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot reach the seller;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot reach the buyer;
- manipulate the price of any item or interfere with other users’ listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Sparklingdrop;
- post false, inaccurate, misleading, defamatory, or libelous content;
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Sparklingdrop);
- circumvent any Sparklingdrop policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions;
- transfer by any manner any Sparklingdrop application or your Sparklingdrop account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Sparklingdrop, or the interests or property of Sparklingdrop users;
- export or re-export any Sparklingdrop applications, or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- copy, modify, or distribute rights or content from the Sparklingdrop sites, services, applications, or tools or Sparklingdrop’s copyrights and trademarks;
- commercialize any Sparklingdrop application or any information or software associated with such application;
- harvest or otherwise collect information about users, including email addresses, without their consent.
- Abusing Sparklingdrop
Sparklingdrop and its community of users (the “Community”) work together to keep our sites, services, applications, and tools working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Sparklingdrop’s Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our VeRO team through our Verified Rights Owner (VeRO) Program.
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, shill bidding, conducting off-Sparklingdrop transactions, manipulating Feedback, circumventing temporary or permanent suspensions or harassing our employees or other users). We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue Sparklingdrop sites, services, applications, or tools.
- Buyer Protection
Buyers and sellers share the responsibility for making sure purchases made on Sparklingdrop are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the Sparklingdrop Buyer Protection Policy with respect to claims made under Sparklingdrop’s Buyer Protection Policy. Sparklingdrop Buyer Protection covers only claims filed in accordance with the Sparklingdrop Buyer Protection Policy, not claims filed with PayPal. Sparklingdrop Buyer Protection will not cover claims for which the buyer has initiated another form of resolution processing, including credit card chargebacks (if the buyer paid by credit card) or PayPal Buyer Protection claims (if the buyer paid by PayPal). We may suspend the Sparklingdrop Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program.
We require Sparklingdrop sellers to comply with our Buyer Protection resolution process. Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer opens with Sparklingdrop under the Sparklingdrop Buyer Protection Policy. If we resolve a dispute in the buyer’s favor, we will attempt to reimburse the buyer by reversing the funds from the seller’s PayPal account used in the transaction. If that is not possible, we will refund the buyer up to the full cost of the item (including any applicable sales taxes) and the original shipping, and we will require the seller to reimburse us for the amount due to the buyer. We may place the reimbursement amount on the seller’s invoice and charge the seller’s automatic payment method on file with Sparklingdrop, if any, for such reimbursement amount. Without limiting the foregoing, sellers may not have to reimburse us for an Sparklingdrop Buyer Protection claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the Sparklingdrop Buyer Protection Policy.
- Limited User:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that sparklingdrop’s name is stated as the source and prior written permission of sparklingdrop.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
Membership on the Website is free for buyers. sparklingdrop does not charge any fee for browsing and buying on the Website. sparklingdrop reserves the right to change its Fee Policy from time to time. In particular, sparklingdrop may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event sparklingdrop reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to sparklingdrop Internet Private Limited.
- Use of Materials
Except as expressly indicated to the contrary in any applicable Additional Terms, sparklingdrop hereby grants You a non-exclusive, freely revocable (upon notice from sparklingdrop), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
- You may not modify or alter product catalogues or any other materials available on the Website;
- You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by sparklingdrop.
- Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.
- Usage Conduct
- You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
- You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
- You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person. Sparklingdrop shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by sparklingdrop with our acquiring bank from time to time.
- Intellectual Property Rights
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by sparklingdrop and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of sparklingdrop or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of sparklingdrop, the vendor or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Royal Gold Jewellery Creations Pvt. Ltd owns all intellectual property rights to and into the trademark “Sparklingdrop”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from sparklingdrop or thirty party owner of such Content.
- Third party content
The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”). Similar Third Party Content would also be available to You on the email received by You from sparklingdrop. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. sparklingdrop does not provide any guarantee with respect to any the Third Party Content and sparklingdrop shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
- Exactness Not Guaranteed:
Sparklingdrop.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that sparklingdrop.com will send an approval request via the email address, which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. sparklingdrop.com may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.
You agree to indemnify, defend and hold harmless sparklingdrop.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by sparklingdrop.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Title and risk of loss for all products ordered by you shall pass on to you upon sparklingdrop’s shipment to the shipping carrier.
- com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
- Notwithstanding stated above, these Terms will survive indefinitely unless and until sparklingdrop.com chooses to terminate them.
- If you or sparklingdrop.com terminates your use of the Website or any Service, sparklingdrop.com may delete any content or other materials relating to your use of the Service and sparklingdrop.com will have no liability to you or any third party for doing so.
- You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
- Authorization to Contact You; Recording Calls
- To contact you for reasons relating to your account or your use of our sites, services, application or tools (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law
- To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section of your My Sparklingdrop.
- We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
- Disclaimer of Warranties; Limitation of Liability
We try to keep Sparklingdrop and its sites, services, applications, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, applications, or tools. You further acknowledge that operation of and access to our sites, services, applications, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. Bid updates and other notification functionality in Sparklingdrop’s applications may not occur in real time. Such functionality is subject to delays including, without limitation, delays, or latency due to your physical location or your wireless data service provider’s network. You agree that you are making use of our sites, services, applications, and tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Sparklingdrop responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our sites, services and tools;
- Delays or disruptions in our sites, services, applications, or tools;
- Viruses or other malicious software obtained by accessing our sites, services, applications, or tools or any site, services, applications, or tools linked to our sites, services, applications, or tools;
- Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, applications, and tools or in the information and graphics obtained from them;
- Damage to your hardware device(s) or loss of data that results from the use of our sites, services, applications, and tools;
- The content, actions, or inactions of third parties, including items listed using our sites, services, applications, or tools, feedback provided by third parties, or the destruction of allegedly fake items;
- A suspension or other action taken with respect to your account;
- The duration or manner in which your listings appear in search results as set forth in the Listing Conditions Section below;
Sparklingdrop’s decision to end or remove your listing(s);
- Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; Sparklingdrop reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow users to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. Any pricing, shipping or other guidance we provide in our sites, services, applications, or tools is solely informational and you may choose not to follow such guidance at any time. We do not warrant or guarantee that any particular results will be achieved from following guidance we provide (e.g. that your listing will sell, that a particular shipping option is the least expensive, etc.) While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due up to the price the item sold for on Sparklingdrop (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c)Rupees 1000/-.
- Purchase Conditions
You are responsible for reading the full item listing, including any instructions the seller provides, before making a bid or commitment to buy. Unless otherwise stated, by making a bid or commitment to buy an item on Sparklingdrop, you are committing to buy the item from the seller listing the item. If you make a commitment to buy or your bid is the winning bid or is otherwise accepted, you enter into a legally binding contract with the seller and are obligated to purchase the item.
- No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Sparklingdrop’s national registered agent (in the case of Sparklingdrop) or to the email address you have designated on your account (in your case). Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the Registration Address associated with your account, as identified in your My Sparklingdrop. In such case, notice shall be deemed given three days after the date of mailing.
- Legal Disputes
You and Sparklingdrop agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Sparklingdrop User Agreement (hereafter “User Agreement” in this section entitled “Legal Disputes”), your use of or access to Sparklingdrop’s sites, services, applications, and tools, or any products or services sold or purchased through Sparklingdrop’s sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
- Applicable Law
You agree that the laws of the Republic of India, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Sparklingdrop, except as otherwise stated in the User Agreement.
- Agreement to Arbitrate
You and Sparklingdrop each agree that any and all disputes or claims that have arisen or may arise between you and Sparklingdrop relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Sparklingdrop’s sites, services, applications, and tools, or any products or services sold or purchased through Sparklingdrop’s sites, services, applications, or tools shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in concerned court, if your claims qualify. The Arbitration and Conciliation Act, 1996 governs the interpretation and enforcement of this Agreement to Arbitrate.
- Opt-Out Procedure
if you are a new sparkling drop user, you can choose to reject this agreement to arbitrate (“disagree”) by mailing us a written disagreement. The disagreement must be postmarked no later than 30 days after the date you accept the user agreement for the first time. You must mail the disagreement notice to sparklingdrop address & mail id
- Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to Disagreement of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Sparklingdrop must be resolved exclusively by a court having territorial jurisdiction of Jaipur, Rajasthan. You and Sparklingdrop agree to submit to the personal jurisdiction of the courts located within city limits of Jaipur, Rajasthan for the purpose of litigating all such claims or disputes.
- Feedback and Information
Any feedback You provide to this Website shall be deemed to be non-confidential. sparklingdrop shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that
- Your feedback does not contain confidential or proprietary information of You or of third parties
- sparklingdrop is not under any obligation of confidentiality, express or implied, with respect to the feedback;
- sparklingdrop may have something similar to the feedback already under consideration or in development; and
- You are not entitled to any compensation or reimbursement of any kind from sparklingdrop for the feedback under any circumstances
Please be advised: This User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes Sections below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. Unless you Disagree: (1) you will only be permitted to pursue claims against Sparklingdrop on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.