Terms & Conditions
This document is an electronic record of the rules and terms applicable. 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 requirement for publishing the rules and regulations, privacy policy and user agreement for access or usage of www.SPARKLING ALLURE.co.in website (the “Website”).
1. USER AGREEMENT
a. This User Agreement contains rules and regulations, policies, terms & conditions and agreement applicable to any person who may access or use SPARKLING ALLURE, including any subdomains, webpages or extension of SPARKLING ALLURE.co.in. You hereby agree and acknowledge to be bound by the terms of this User Agreement.
b. The use of SPARKLING ALLURE and the services provided are subject to the rules and regulations, policies, notices, terms & conditions set forth in this User Agreement. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of SPARKLING ALLURE by accessing or browsing the Website and/or has registered as a member of SPARKLING ALLURE by submitting identification information/ registration details using the computer system of SPARKLING ALLURE and accepting the electronic record of the User Agreement, has obtained a unique username along and a secret alpha-numerical key (password) for using the Website.
c. By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by SPARKLING ALLURE’s other policies, including but not limited to the Privacy Policy, Return/Cancellation Policy, Shipping Policy, etc.
2. AMENDMENT
a. SPARKLING ALLURE reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who SPARKLING ALLURE believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and You agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against You. The revised version/ terms shall be effective from the time that SPARKLING ALLURE posts the same on the Website. [In the event, that the User Agreement includes a substantial change, SPARKLING ALLURE will provide 30 days' prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to SPARKLING ALLURE. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces Your rights or increases Your responsibilities.]
3. DEFINITIONS
a. Payment on Billing shall mean a Transaction where the payment for the items purchased is paid through the (i) SPARKLING ALLURE authorised Payment Gateway Facility or (ii) the buyer has opted to deposit the Transaction Price in the bank account of SPARKLING ALLURE by way of cash, cheque, demand draft or any other mode of payment and such payment of the Transaction Price is credited to the bank account of SPARKLING ALLURE within [3] days of booking the Transaction.
b. Delivery / Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or any other mode of payment approved by SPARKLING ALLURE) by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on the Website.
c. In Transit/ Dispatched all mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing or any other mode of payment approved by SPARKLING ALLURE) have been dispatched by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on the Website.
d. Dispatch Details means the true, accurate and valid data, information, details or documents as specified by SPARKLING ALLURE from time to time, which the seller/ Logistics Partner is obligated to provide to SPARKLING ALLURE as proof that the item has been Dispatched and/or Delivered, as the case maybe.
e. Information means and shall include any confidential and/or personally identifiable information or other information provided to SPARKLING ALLURE at the time of registration, buying or listing process or through any email feature and shall include without limitation Your name, email address, billing/shipping address, phone number and banking / financial information.
f. Issuing Bank in respect of a buyer, means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank which maintains a valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price.
g. Logistics Partner shall mean reputable logistics and courier company(s) preferred and approved by SPARKLING ALLURE that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services.
h. Transaction means every electronically generated valid purchase order placed by the buyer for purchasing the items listed by the seller on the Website.
i. Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the seller.
j. Valid Card means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of refund, if any.
k. Valid Bank Account shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/ demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account. [The Buyer Bank Account is required to be with banks which are registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer supports Reserve Bank of India’s electronic / online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].
l. SPARKLING ALLURE authorised Payment Gateway facility means the automated electronic payment or collection and remittance facility provided by SPARKLING ALLURE to buyers to facilitate purchase of items as well as making payments there for on Website directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment.
4. ELIGIBILITY
a. SPARKLING ALLURE or any service provided by SPARKLING ALLURE may only be used or accessed by such persons who can form legally binding contracts. Persons who are 'incompetent to contract' include minors, persons of unsound mind, and undischarged insolvents are not eligible to use the Website. A minor is not allowed to access or register as a User or purchase any items on the Website.
b. If You represent and are registering as a business entity, by accepting the User Agreement You represent that such entity has sufficient authority under applicable law to enter into the User Agreement and You are duly authorized by the business entity to accept this User Agreement and You have the authority to bind that business entity to this User Agreement.
5. REGISTRATION AND COMMUNICATION
a. You will be entitled to use this Website or purchase any Product only after registering on the Website. It is clarified that viewing the Products on the Website does not require prior registration. At the sole discretion of Sparkling Allure, Guest access may be permitted from time to time, through a valid third party account.
b. To register on the Website, You will have to provide personal information including name, e-mail, contact number, contact address, permanent account number (PAN) and customer verification question (example: Your mother's maiden name), which will be used for verification purposes. Registration is only a one time process and once registered You shall qualify as a Member and shall be eligible to use the Website after logging/ signing into Your account.
c. If at any point in time the personal information provided by You undergoes a change, You will immediately inform Sparkling Allure and shall keep such details and information updated at all times
d. By registering on the Website, You agree to allow us to contact You through any mode of communication (Email/Chat/Telephone call) for any confirmation or service related information for the order placed by You, on the contact details provided by You. Any kind of legal implication raised, due to the incorrect nature of the details provided by You, SPARKLING ALLURE will not be held responsible for the same.
e. You agree that Your sole purpose of registering or using the Website is to buy unique jewellery products or such products as may be specifically notified by SPARKLING ALLURE on the Website from time to time and You shall not use the Website for any other purpose.
f. You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the Website. You are prohibited from misrepresenting Your identity and agree not to represent Yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the Website to ensure that the information provided by You is true, accurate, current and complete at all times. If You provide any information that is untrue, inaccurate, not current or incomplete or SPARKLING ALLURE has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, SPARKLING ALLURE reserves the right to indefinitely suspend or terminate or block Your use or access to the Website in any manner whatsoever.
6. PLACING OF ORDERS
• A Member may place an Order by following the steps as may be indicated on the Website from time to time under the relevant "Order" related tab such as:
• Selecting the diamond/gemstone/jewellery-set/Product of Your choice,
• Customizing the diamond/gemstone/jewellery-set/Product of Your choice to Your choice of mount/ring/pendant,
• Adding Your shortlisted diamond/gemstone/jewellery-set/Product to the shopping cart,
• Resizing of the Product, if applicable and/or
• Paying the price for the Product.
• Only Members would be able to place an Order for the Products. If You are a User, You would be required to register with Us before We can confirm Your Order. At the sole discretion of Sparkling Allure, Guests may be permitted to place Orders from time to time, through a valid third party account.
7. PAYMENT, ADVANCE PAYMENT, METHOD, REFUND ETC.
• We would be entitled to levy delivery charges as may be applicable from time to time based on Sparkling Allure's policy. We may, at Our sole discretion, offer from time to time, free domestic shipping on all Orders above a specified amount or to any of Our graded/preferred customers/Members.
• We do not offer COD on any of our products, all our products will be dispatched after receiving full invoice value.
• Our pricing of the Products is calculated to give You the best value from Our end. However, the prices may change from to time, owing to fluctuations and are subject to change without notice. Please expect to be charged the price for Products You buy as they are listed at the time of actual purchase. The pricing of Products could vary from one kind to another and could also be dependent on numerous external factors such as the reputation of the seller, brand value, design, demand and supply, etc. The prices stated on the Website may be substantially higher or lower than the actual prices in the retail market.
• The weight of diamond/gemstone/jewellery-set and/or mount mentioned on the Website in respect to any Product is only indicative. In case that the weight of diamond/gemstone/jewellery-set and/or mount in respect to any Product as indicated on the Website and paid for by You is higher than the weight of diamond/gemstone/jewellery-set and/or mount on the actual Product delivered to You, Sparkling Allure shall refund such differential amount to You or set-off the same against any additional payment(s) that may be required to be made by You to Sparkling Allure. Likewise, in case that the weight of diamond/gemstone/jewellery-set and/or mount in respect to any Product as indicated on the Website and paid for by You is lesser than the weight of diamond/gemstone/jewellery-set and/or mount on the actual Product delivered to You, Sparkling Allure shall be entitled to claim the appropriate differential amount from You.
• In the event that You wish to resize the Product, We shall resize the Product for You free of cost, provided that such Product is eligible to be resized and where resizing is possible in Our sole discretion and opinion. Provided that: (i) if such resized Product costs more than the original Product, the incremental/differential costs shall be on Your account; and (ii) if such resized Product costs less than the original Product, the incremental/differential costs shall be on refunded to You iii) the resized / customised product, if requested for Return and Exchange policy it will in sole discretion of Sparkling Allure to decide whether the Product is applicable for Return and Exchange Policy.
• Applicable taxes and charges may be added to the price that You would be required to pay for the Product and such applicable taxes or charges would be clearly stated in the invoice along with the break-up of the total costs.
8. CANCELLATION BY SPARKLING ALLURE
a. There may be certain orders that SPARKLING ALLURE cannot accept, and therefore, we reserve the right, at our sole discretion, to refuse or cancel any order. Some reasons may include limitation on quantity available for purchase; errors in pricing or product information or certain issues identified by our fraud avoidance department or any other issue which SPARKLING ALLURE identifies for not accepting the order. We also reserve the right to ask for additional information for accepting orders in certain cases. We will notify you in case your order has been cancelled fully or partially or if any additional information is required to accept your order.
9. CANCELLATION BY CUSTOMER
a. Our customer can cancel the order placed within 24 hours of placing the order. We shall initiate the refund process once we have the cancellation request in written forum from the customer. Customer will get the money back through the same mode in which they have paid for the product in 3-5 Business days after cancellation receipt. In case, if the money has been deducted from your account and we haven’t received it, we shall do the refund process after we speak on the same with the bank.
10. RETURNS POLICY(ONLY FOR DOMESTIC CUSTOMERS)
a. If, in case, there are any discrepancies, you can contact us on [email protected] or our customer executive on +918879187559 with the description and image of the received product immediately upon receiving the same. Some situations are however, beyond our control. They may be:
i. Incorrect address
ii. The consignee/recipeint of the product is not present at home
iii. Products being high value, if the consignee/recipient does not show their ID proof
11. REFUND POLICY(ONLY FOR DOMESTIC CUSTOMERS)
a. Customer needs to contact the customer executive on +918879187559 within 24 hours of receiving the product for the refunds.
12. SHIPPING POLICY
a. Domestic products will reach within 3-4 weeks from the day of receiving the order
13. BUYER REGISTRATION
a. Other than being a User, there is no separate registration requirement for buyers. SPARKLING ALLURE authorised Payment Gateway facility is available to Buyers who hold a Valid Card or Valid Bank Account.
14. ELECTRONIC COMMUNICATION
a. You agree to keep Yourself updated with all data, information and communication pertaining to You made available on the Website. You further agree that Your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by SPARKLING ALLURE is through electronic records and You consent to receive communication from SPARKLING ALLURE via electronic records which will be deemed adequate service of notice/ electronic record.
15. TERMS OF USE
a. You understand and agree that SPARKLING ALLURE merely provide hosting services to its Users who access the Website for purchase of unique jewellery products. All items advertised and/or listed on the Website and the contents therein are advertised and listed by seller. You also give permission to the Website and SPARKLING ALLURE to store details and records of your usage of the Website indefinitely. However, this does not constitute any obligation on the part of SPARKLING ALLURE or the Website to do so.
b. Currently the membership on the Website is free and SPARKLING ALLURE does not levy any charges/fees for browsing or buying on the Website. SPARKLING ALLURE reserves the right to introduce new services or modify the existing services provided on the Website. Additionally, SPARKLING ALLURE at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of SPARKLING ALLURE shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
c. All fees/ charges shall be quoted in Indian Rupees and shall be payable to SPARKLING ALLURE within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of the Website and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any nonpayment, SPARKLING ALLURE reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate Your membership with SPARKLING ALLURE and disallow access to the Website. SPARKLING ALLURE also reserves the right to take any legal action against You in case of any non-payment of charges/fees to SPARKLING ALLURE.
d. You agree that SPARKLING ALLURE may appoint any third party service provider, including but not restricted to one or more of SPARKLING ALLURE’s affiliate to provide backend operations and support as instructed by SPARKLING ALLURE from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner.
f. Any information provided by You to SPARKLING ALLURE or submitted to SPARKLING ALLURE on the Website in the registration process, in the feedback area or through any e-mail communication is solely Your responsibility and SPARKLING ALLURE merely is a platform where such information is distributed, published, displayed or used by Users. SPARKLING ALLURE or the Website is not liable for accuracy, appropriateness or legality of such information.
16. LIMITED LIABILITY OF SPARKLING ALLURE
a. In no event shall SPARKLING ALLURE or its partners, affiliates and employees be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, SPARKLING ALLURE authorised payment gateway facility, services provided by the Logistics Partner or any other services or this User Agreement.
b. SPARKLING ALLURE’s liability in any circumstance is limited to the amount of charges/ fees, if any, paid by You to SPARKLING ALLURE. SPARKLING ALLURE, its partners, affiliates and employees make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of SPARKLING ALLURE or the Logistics Partner or SPARKLING ALLURE authorised payment gateway facility will be error free and/or uninterrupted. SPARKLING ALLURE provides no guarantee to its Users in respect of the products sold on the Website. Consequently, SPARKLING ALLURE assumes no liability whatsoever for any monetary or other damage suffered by You on account of: • The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or SPARKLING ALLURE authorised payment gateway facility. • Any delay, failure, interruption or errors in the operation of SPARKLING ALLURE or the Logistics Partner or SPARKLING ALLURE authorised payment gateway facility.
17. INDEMNITY
a. You shall indemnify and hold harmless SPARKLING ALLURE and SPARKLING ALLURE’s affiliates, third-parties and their respective officers, partners, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of the User Agreement including the rules and policies incorporated herein by reference, or Your violation of any law, rules or regulations or the rights of a third party.
18. CONSENT AND PRIVACY POLICY
a. By using the Website and/or by providing Your information, You consent to the collection and use of such information disclosed by You on the Website on SPARKLING ALLURE authorised payment gateway facility, by SPARKLING ALLURE. The personal information / data including but not limited to the Information provided by the You to the Website/ SPARKLING ALLURE authorised payment gateway facility during the course of a Transaction shall be treated as strictly confidential and retained in accordance with the Privacy Policy which is incorporated.
b. SPARKLING ALLURE views the protection of User’s privacy as a very important community principle. SPARKLING ALLURE clearly understands that You and the personal information provided by You is one of the most important assets to SPARKLING ALLURE. SPARKLING ALLURE stores and processes the information provided by You in computers located in India that are protected by physical as well as reasonable technological security measures.
19. BREACH
a. Without limiting other remedies that SPARKLING ALLURE may pursue, SPARKLING ALLURE may at its sole discretion take such action as it deems fit including but not limited to cancellation of the Transaction or payments made, limit Your activity, immediately remove Your information, temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website or initiate any legal action it may deem fit, particularly in the event:
• You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated therein by reference;
• Any misuse of the SPARKLING ALLURE authorised payment gateway facility
• SPARKLING ALLURE is unable to verify or authenticate any information provided by You;
• SPARKLING ALLURE believes that Your actions are suspicious of misusing and/or transferring the data mentioned on the website, for other uses or listing on other website etc.
b. No actions, omissions or decisions taken by SPARKLING ALLURE shall waive any rights or claims that SPARKLING ALLURE may have against the User.
c. Any User that may have been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by SPARKLING ALLURE. Notwithstanding the above, if You breach the User Agreement or the rules and policies and other documents incorporated therein by reference, SPARKLING ALLURE reserves the right to recover any amounts due and owed by You to SPARKLING ALLURE and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.
20. GRIEVANCE REDRESSAL MECHANISM
a. In case of any grievance, objection or complaint on Your part with respect to the Website, other Users, SPARKLING ALLURE authorised payment gateway facility or SPARKLING ALLURE, including any complaints or enquiry about suspension, termination or blocking of Your membership or right to use the Website, You should promptly raise such grievance or complaint with an email to [email protected] and provide him/her with all necessary information and/or documents to enable Us to resolve the issue.
21. GENERAL
a. None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between You and SPARKLING ALLURE and You shall have no authority to bind SPARKLING ALLURE in any manner whatsoever.
b. Except as explicitly stated otherwise, any notices directed to SPARKLING ALLURE shall be given by email to [email protected] and any notices to You by SPARKLING ALLURE shall be provided to the email address provided by You during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, SPARKLING ALLURE may give You notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
c. If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
d. This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between You and SPARKLING ALLURE with respect to the subject matter herein.
e. SPARKLING ALLURE at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without Your prior consent provided that SPARKLING ALLURE assigns this User Agreement on the same terms or such terms that are no less favourable to You.
f. All remedies of SPARKLING ALLURE under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
22. CODE OF CONDUCT Using the Sparkling Allure website or any of Sparkling allure's products or services, you agree not to:
(a) restrict or inhibit any other visitor or member from using any Sparkling allure’s product or service, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of the Sparkling Allure website;
(b) use the Sparkling Allure website or any Sparkling Allure product or service for any unlawful purpose;
(c) express or imply that any statements you make are endorsed by us, without our prior written consent;
(e) engage in spamming;
(f) transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
(g) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Sparkling Allure website;
(h) remove any copyright, trademark, or other proprietary rights notices contained in the Sparkling Allure website;
(i) "frame" or "mirror" any part of the Sparkling allure web site without our prior written authorization;
(j) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of any Sparkling Allure product or service or its contents;
(k) harvest or collect information about visitors to or members of Sparkling Allure without their express consent;
(l) or permit anyone without an account or subscription to use any Sparkling Allure product or service through your subscription, user name or password. While using the Sparkling Allure website, or Sparkling allure products or services you agree to comply with all applicable laws, rules and regulations.
23. INTELLECTUAL PROPERTY RIGHTS
All content contained on Sparkling Allure website or otherwise provided to you by Sparkling allure such as text, graphics, logos, icons, images, articles, audio and video clips, digital downloads, data compilations, charts and software (collectively, "Content"), is our property, and the compilation of the Content on the Website is our exclusive property, protected by the India trademark and copyright laws. All software used on the Sparkling Allure website is our property or the property of our software suppliers and protected by India trademark and copyright laws. Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (the "Marks") contained on the Sparkling Allure website or otherwise used by Sparkling allure are proprietary to us. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. We grant you a limited license to access and make personal use of the Sparkling Allure website, Content and Marks pursuant to the terms of this Agreement. The Sparkling Allure website, all Content and the Marks may not be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one
(1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you:
(a) keep intact all copyright, trademark and other proprietary rights notices;
(b) do not modify any of the Content or Marks;
(c) do not use any Content or Marks in a manner that suggests an association with any of our products, services or brands; and
(d) do not download or save Content so as to avoid future downloads from the Website. Your use of Content or the Marks on any other website or computer environment is strictly prohibited. The license granted to you does not include, and specifically excludes, any rights to:
(a) resell or make any commercial use of the Sparkling Allure website, any Content or any of the Marks;
(b) collect and use any product listings, descriptions, or prices used by Sparkling allure;
(c) make any derivative use of the Sparkling Allure website or Content;
(d) download or copy account information for the benefit of anyone else other than yourself; or
(e) use any form of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party's intellectual property as part of the link without our and each such party's express prior written consent.
24. ARBITRATION
a. If any dispute arises between You and SPARKLING ALLURE during Your use of the Website or the SPARKLING ALLURE authorised payment gateway facility or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the rules, policies and documents incorporated herein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by SPARKLING ALLURE whose decision shall be final. The place of arbitration shall be Mumbai. The arbitration proceedings shall be in the English language.
25. GOVERNING LAW
a. This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Mumbai shall have exclusive jurisdiction. This document is an electronic record and is generated by a computer system and does not require any physical or digital signatures.