1. Introduction and Scope

These Terms and Conditions ('Terms') govern the use of all services offered by Jayesh Jewellers & Aatreya Gold ('Company', 'We', 'Us', 'Our') through its website and all associated communication channels including online payment gateway, RCS (Rich Communication Services), WhatsApp Business, SMS, Email, and Voice calls.

By using any of our services or communication channels, you ('Customer', 'User') agree to be bound by these Terms. If you do not agree, please refrain from using our services. Continued use constitutes acceptance.

2. Definitions

• "Customer/User" – any individual, firm, proprietorship, company, or legal entity using our services.
• "Communication Services" – RCS, WhatsApp Business, SMS, Email, and Voice communications operated by the Company.
• "Payment Services" – online payment gateway through which transactions are conducted.
• "Payment Service Provider" – third-party payment gateway operator(s) integrated with the Company's website.
• "RCS" – Rich Communication Services, an enhanced messaging protocol.
• "Opt-In" – explicit, affirmative, written or digital consent to receive communications.
• "Opt-Out" – explicit withdrawal of consent to receive further communications.

3. General Terms for Online Payments

• A User may register on the Company's website or provide details as specified to avail of payment services.
• All rights and obligations are subject to applicable Indian laws, including the Information Technology Act, 2000, Payment and Settlement Systems Act, 2007, RBI guidelines, and allied rules.
• Entries in the books of the Company and/or Payment Service Providers shall be prima facie evidence of transactions, subject to dispute within 30 days.
• These Terms constitute the entire agreement between the User and the Company, superseding all prior communications, except where separate agreements exist.

4. Communication Services — Consent and Opt-In

The Company uses RCS, WhatsApp Business, SMS, Email, and Voice calls. Consent is obtained separately for each channel and purpose (transactional/promotional). Acceptance of these Terms alone does not constitute consent to promotional communications. Transactional communications necessary for service delivery do not require separate opt-in.

4.1 Purposes of Communication

• Jewellery information, service reminders, and delivery updates.
• Payment confirmations, receipts, and transaction alerts.
• Promotional offers, new collections, and store-specific campaigns.
• Customer feedback and satisfaction surveys.
• Regulatory and statutory notices as required by law.
• Loyalty programs, exchange offers, and event invitations.

4.2 RCS (Rich Communication Services) — Specific Terms

• By opting into RCS, you consent to receive branded, verified messages via RCS-enabled devices.
• RCS messages may contain rich media including images, carousels, quick-reply buttons, and interactive elements.
• RCS is delivered through your telecom operator's RCS platform. The Company is not responsible for delivery failures due to network or device incompatibility. For critical transactional communications, fallback to SMS may occur.
• You may opt out by replying STOP or contacting us (Section 12).
• Complies with TRAI regulations and TCCCPR for all RCS communications. All sender IDs are registered under DLT platform.

4.3 WhatsApp Business — Specific Terms

• By sharing your WhatsApp-linked mobile number, you consent to receive WhatsApp Business messages via Meta's API.
• Messages may include order updates, service alerts, payment confirmations, and promotional content.
• WhatsApp communications are governed by Meta's WhatsApp Business Policy and Terms.
• Message and data rates may apply. You may opt out by replying STOP or 'Unsubscribe'.
• The Company does not share your WhatsApp data with third parties except as needed for service delivery.

4.4 SMS — Specific Terms

• By providing your mobile number, you consent to receive SMS communications.
• Promotional SMS are sent only to users registered on DND/DND exemption as per TRAI.
• All SMS headers and templates are registered on the TRAI DLT platform.
• Transactional SMS (OTPs, order confirmations) are exempt from DND and will be sent regardless.
• To opt out of promotional SMS, reply STOP to any promotional message or register preference with your operator.

4.5 Email Communications — Specific Terms

• By providing your email address, you consent to receive emails from the Company.
• Email communications include transactional emails (receipts, OTPs, confirmations) and marketing emails.
• All marketing emails include an unsubscribe link. Removal from marketing lists within 3 business days.
• Transactional emails cannot be opted out of as they are necessary for service delivery.
• The Company implements SPF, DKIM, and DMARC to prevent spoofing and phishing.

4.6 Voice Communications — Specific Terms

• By accepting these Terms, you consent to receive outbound voice calls for service-related, transactional, and promotional purposes.
• All outbound calls comply with TRAI guidelines and are made within permitted hours (9:00 AM – 9:00 PM).
• Calls may be recorded for quality assurance and training. You will be informed at the beginning.
• You may opt out of marketing calls by requesting removal during or after a call, or via Section 12.
• IVR calls for service communications are considered transactional where applicable.

5. Opt-Out / Unsubscribe Rights

• You have the right to withdraw consent from any or all channels at any time.
• Promotional communications will cease within 7 working days (or as per TRAI/TCCCPR).
• Transactional communications necessary for service delivery, legal compliance, and security will continue.
• To opt out of all marketing communications, contact us as per Section 12.
• Opting out does not affect any contractual obligations or pending transactions.

6. Refund Policy — Online Payments

6.1 Chargeback Transactions

In the event of a chargeback claim, the User must immediately approach the Company. Refunds, if applicable, will be processed via the original payment gateway, demand draft, or other means. Processing takes 7–10 business days. No cash refunds.

6.2 Fraudulent / Duplicate Transactions

Users must contact the Company directly for any fraudulent or duplicate transactions. The Company will address issues in line with applicable policies.

6.3 Server Downtime / Session Timeout

In case of server slowdown or session timeout, verify whether your bank account has been debited before initiating a second payment. The Company and Payment Service Providers shall not be held responsible for duplicate transactions arising from such circumstances.

7. Limitation of Liability

• The Company disclaims any liability arising from the provision of online or communication services to the extent permitted by law.
• The Company and Payment Service Providers shall not be liable for any inaccuracy, error, delay, or omission in data, information, or messages.
• The Company assumes no liability for any monetary or other damage caused by delays, failures, interruptions, or corruption of data transmitted through the Payment Gateway.
• User shall indemnify and hold harmless the Company, Payment Service Providers, and their officers from any third-party claims, losses, liabilities, damages, costs, and expenses arising from breach of these Terms or violation of law.
• The Company's liability in connection with Communication Services is limited to failures directly attributable to the Company's own systems.

8. Security of User Data

• The User acknowledges that internet-based data transmission is not 100% secure. The Company employs commercially reasonable measures to protect User data.
• The User must keep their User ID and Password confidential and is solely responsible for all transactions conducted under their credentials.
• The Company will never ask for passwords via unsolicited calls or emails.
• Users must log out and close browser windows after completing transactions, especially on shared devices.

9. Debit/Credit Card, Bank Account, and VPA Details

• Users must use only lawfully owned or duly authorised payment instruments.
• Users warrant that all payment details provided are accurate and valid.
• Users authorise the Company to debit the nominated instrument for selected services inclusive of fees.
• Users are responsible for ensuring sufficient funds are available at the time of payment.
• Convenience Fee: The Company may levy a convenience fee on certain payment modes (e.g., credit cards). The fee will be disclosed upfront on the payment screen, expressed as a percentage or fixed amount, reflected as a separate line item on the GST tax invoice, and is non-refundable unless the Company decides otherwise. Users may opt for alternative modes to avoid the fee.

9A. Intellectual Property Rights

9A.1 Ownership:

All intellectual property rights in and to the Company's website, including design, layout, graphics, text, software, databases, and all content delivered through Communication Services (RCS templates, WhatsApp catalogue, promotional creatives, images, videos, branding) are owned by or licensed to the Company and are protected under Indian law (Copyright Act, 1957 and Trade Marks Act, 1999).

9A.2 Restricted Use:

Users are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Company's website and Communication Services solely for personal, non-commercial purposes. Users shall not reproduce, copy, publish, distribute, commercially exploit, screenshot, record, or redistribute any Company IP without prior written consent.

9A.3 User-Generated Content:

Where a User submits reviews, feedback, or other content, the User grants the Company a royalty-free, perpetual, worldwide license to use, reproduce, and publish such content for business and promotional purposes, subject to applicable law.

10. Regulatory Compliance

• Information Technology Act, 2000 (and amendments).
• Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018 as amended by TRAI.
• TRAI's Distributed Ledger Technology (DLT) registration for all SMS/RCS headers and templates.
• Digital Personal Data Protection Act, 2023 (DPDPA) — to the extent applicable and notified.
• Meta WhatsApp Business Policy (for WhatsApp communications).
• Payment and Settlement Systems Act, 2007, and RBI guidelines.
• Consumer Protection (E-Commerce) Rules, 2020.

11. Amendments and Updates

The Company reserves the right to amend these Terms at any time. Material changes will be communicated to registered Users via email or SMS at least 30 days prior to the effective date. Continued use after the effective date constitutes acceptance of the revised Terms.

11A. Force Majeure

The Company shall not be liable for any delay, failure, or non-performance caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, war, civil unrest, government orders, internet/telecom outages, third‑party platform failures, etc. Upon occurrence, the Company shall promptly notify Users and use commercially reasonable efforts to resume services. If a Force Majeure Event continues for more than 30 consecutive days, either party may terminate the affected service without liability.

12. Grievance Redressal and Contact

13. Governing Law and Jurisdiction

These Terms are governed by the laws of India. Any disputes arising hereunder shall be subject to the exclusive jurisdiction of courts in Mumbai, India.