Terms & Conditions

TERMS AND CONDITIONS

Customer Participation Rewards Points Program – DIVYTVA Jewels

These Terms and Conditions (“Terms” or “T&C”) constitute a legally binding agreement between DIVYTVA Jewels and the Participant governing participation in the Customer Participation Rewards Points Program (“Program”). By accessing, registering on, or using the Application (“App”) or by participating in the Program in any manner whatsoever, the Participant expressly agrees to be bound by these Terms.

1. DEFINITIONS

Unless repugnant to the context:

1.1 “Jeweller” shall mean DIVYTVA JEWELS, having its principal place of business at Shop No. 5 & 6, The Accord, Opposite Park Avenue, Near Nana Mava Main Road, Padmi Society, Mavdi, Rajkot, Gujarat – 360004.

1.2 “Participant” or “Customer” shall mean any natural person who has registered on the App and has been accepted into the Program.

1.3 “Platform Provider” shall mean the third-party entity providing and maintaining the App and associated technical infrastructure.

1.4 “Reward Points” shall mean promotional, non-monetary, revocable points issued at the sole discretion of the Jeweller under the Program.

1.5 “Registered Mobile Number” shall mean the mobile number provided by the Participant at the time of registration and verified through OTP or any other mechanism.

2. ELIGIBILITY AND ACCEPTANCE

2.1 The Program is open only to individuals who are at least eighteen (18) years of age and competent to contract under applicable law.

2.2 Registration on the App and/or participation in the Program constitutes:

• a) irrevocable acceptance of these Terms; and
• b) a representation that all information provided is true, accurate, complete, and current.

2.3 The Participant shall be solely responsible for maintaining the confidentiality and accuracy of the Registered Mobile Number and account credentials.

2.4 All communications, including but not limited to Reward Point accrual, expiry, and redemption notifications, shall be deemed duly served if sent to the Registered Mobile Number via SMS, App notification, or any electronic mode.

3. NATURE OF PROGRAM

3.1 The Program is a purely promotional and discretionary customer engagement initiative and shall not be construed as:

• a) a savings scheme;
• b) a deposit scheme;
• c) an investment product; or
• d) a financial instrument of any nature.

3.2 Reward Points:

• a) do not constitute money, property, actionable claims, or any legally enforceable financial right;
• b) are issued gratuitously and may be withdrawn, modified, or cancelled at any time;
• c) confer only a limited, conditional, and revocable benefit strictly in accordance with these Terms.

3.3 No network marketing, referral, commission-based, or multilevel marketing structure shall form part of this Program.

4. ACCRUAL OF REWARD POINTS

4.1 Reward Points may be issued on eligible purchases (“Sales”) made from the Jeweller, subject to the following:

• a) Issuance is entirely discretionary and may vary by product, invoice value, or promotional campaign.
• b) First Purchase: Points shall be calculated on the net invoice value inclusive of labour charges, GST, and all taxes.
• c) Subsequent Purchases: Points shall be calculated on the net invoice value inclusive of labour charges, GST, and all taxes.
• d) Reward Points will be awarded only up to Level 10. Once a Customer reaches Level 10, no further Reward Points shall be earned under any circumstances.
• e) Reward Points can be redeemed only after a Customer completes a level. Partial or mid-level redemption shall not be permitted.
• f) A customer who participates in this Reward Points program will get points up to one lakh only.

4.2 The Jeweller reserves the absolute right to:

• a) determine eligibility of transactions.
• b) correct, reverse, or cancel any points credited erroneously.
• c) withhold issuance of points in cases of suspected fraud, abuse, or breach.

5. REDEMPTION OF REWARD POINTS

5.1 Reward Points may be redeemed against net invoice value inclusive of labour charges, GST, and all taxes.

5.2 Reward Points must be redeemed within thirty (30) days from the date of notification, failing which they shall automatically and irrevocably lapse.

5.3 Redemption shall be subject to:

• a) system validation
• b) availability of points at the time of billing.
• c) compliance with these Terms.
• d) Customers participating in the Rewards points Program will not be eligible for any other showroom-based program or any other offer.

6. VALIDITY, EXPIRY, AND FORFEITURE

6.1 Reward Points shall remain valid only for such period as determined and communicated by the Jeweller.

6.2 Reward Points shall automatically lapse, without notice, upon:

• a) expiry of validity period;
• b) termination or suspension of the Program;
• c) account inactivity, closure, or breach of Terms.

6.3 Lapsed, expired, forfeited, or cancelled Reward Points:

• a) shall not be reinstated under any circumstances;
• b) shall not give rise to any claim, compensation, or liability.

7. RESTRICTIONS

7.1 Reward Points are:

• a) non-transferable;
• b) non-assignable;
• c) non-negotiable;
• d) not redeemable for cash, credit, vouchers, or monetary equivalents.

7.2 Any attempted transfer, sale, or misuse shall render the points void and may result in termination of participation.

8. PROGRAM ADMINISTRATION AND RIGHTS

8.1 The Program shall be administered through the App by the Platform Provider.

8.2 The Jeweller reserves the unilateral and absolute right, at any time and without liability, to:

• a) modify, suspend, withdraw, or terminate the Program;
• b) amend these Terms;
• c) alter the method of accrual or redemption of Reward Points.

8.3 No Customer shall have any claim, compensation, or legal right against the Company in such case.

9. DISCLAIMER AND LIMITATION OF LIABILITY

9.1 To the fullest extent permitted by law:

• a) The Program and App are provided on an “as is” and “as available” basis.
• b) The Jeweller and Platform Provider disclaim all warranties, express or implied.

9.2 The Jeweller shall not be liable for:

• a) system errors, delays, or downtime;
• b) failure or delay of SMS or notifications;
• c) unauthorized access or misuse;
• d) loss of data or Reward Points due to technical issues.

9.3 Limitation of Liability:
In no event shall the total liability of the Jeweller exceed the notional value of unredeemed Reward Points available in the Participant’s account at the relevant time.

9.4 Under no circumstances shall the Jeweller be liable for:

• a) indirect, incidental, consequential, or punitive damages;
• b) loss of profits, business, or opportunity.

10. PLATFORM PROVIDER DISCLAIMER

10.1 The Platform Provider acts solely as a technology facilitator.

10.2 The Platform Provider:

• a) does not sell jewellery;
• b) does not issue invoices;
• c) shall have no liability for transactions between the Participant and the Jeweller.

10.3 All claims shall lie exclusively against the Jeweller.

11. BILLING AND TAXATION

11.1 The Jeweller shall issue invoices in compliance with applicable tax laws.

11.2 Reward Points shall be reflected only as a promotional adjustment and shall not constitute legal tender or payment.

12. DATA PROTECTION AND CONSENT

12.1 The Participant consents to collection, processing, and use of personal data for:

• a) Program administration;
• b) customer engagement;
• c) regulatory compliance.

12.2 Data shall be handled in accordance with applicable Indian laws.

12.3 The Participant expressly consents to receiving transactional and promotional communications.

13. PARTICIPANT OBLIGATIONS

13.1 The Participant shall:

• a) comply with all applicable laws;
• b) provide accurate information;
• c) not engage in fraudulent or abusive conduct.

13.2 The Participant shall independently verify Reward Point balances and applicability before redemption.

13.3 Any misunderstanding or assumption shall not bind the Jeweller or Platform Provider.

14. TERMINATION

14.1 The Jeweller reserves the right to suspend or terminate participation, without notice, in cases of:

• a) breach of Terms;
• b) fraudulent or suspicious activity;
• c) misuse of the Program.

14.2 Upon termination, all Reward Points shall stand automatically forfeited.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1 These Terms shall be governed by the laws of India.

15.2 Any dispute arising out of or relating to these Terms shall be referred to sole arbitration in accordance with the Arbitration and Conciliation Act, 1996.

15.3 The seat and venue of arbitration shall be Rajkot, Gujarat.

15.4 The arbitration shall be conducted by a sole arbitrator appointed by the Jeweller.

15.5 The language of arbitration shall be English.

15.6 Subject to arbitration, courts at Rajkot shall have exclusive jurisdiction.

16. MISCELLANEOUS

16.1 Entire Agreement: These Terms constitute the entire agreement between the Parties.

16.2 Severability: If any provision is held invalid, the remaining provisions shall remain enforceable.

16.3 Waiver: Failure to enforce any provision shall not constitute a waiver.

16.4 Force Majeure: The Jeweller shall not be liable for failure due to events beyond reasonable control.

17. ELECTRONIC ACCEPTANCE

These Terms may be accepted electronically via App, OTP verification, or digital signature and shall be legally binding. The Terms have been translated and explained to Customer/Participant in Gujarati.