1. Acceptance of Terms and Eligibility
By accessing or using Takshila’s website and services (collectively,
the “Services”), you agree to be bound by these Terms and Conditions (“Terms”). These Terms
form a legal agreement between you (“you” or “User”) and Takshila, Inc. (“Takshila,” “we,”
“us,” or “our”). Please read them carefully before using our Services.
- Age Requirement: The Services are intended for users who are at least
18 years old (or the age of legal majority in your jurisdiction). By using Takshila, you
represent that you meet this age requirement. If you are under 18, you may use the
Services only with involvement and consent of a parent or guardian.
- Compliance with Laws: You agree to use the Services only for lawful
purposes and in compliance with all applicable laws and regulations. You may not use the
site or our products for any illegal or unauthorized purpose, including violations of
copyright, export, or consumer protection laws.
- Geographic Reach: Takshila is based in the United States and primarily
serves U.S. customers but welcomes global users. You are responsible for ensuring your
use complies with local laws if accessing from outside the U.S.
- Changes & Updates: Takshila may update these Terms at any time. Updated
Terms will be posted on our website with the “Last Updated” date. Your continued use
after changes constitutes acceptance of the revised Terms.
2. Accounts and Access
Certain functionalities require account registration, while some
features can be used without an account.
- Account Creation: You may browse some features without an account, but
saving designs, uploading content, or earning commissions requires registration. You
agree to provide truthful, current, and complete information and not to use false
identities.
- Account Security: You are responsible for maintaining the
confidentiality of your login credentials and all activities under your account. Notify
us immediately of unauthorized use.
- No Fees for Basic Use: Currently, no registration or subscription fees
are charged for basic access, but Takshila may introduce fees or premium services in the
future with notice.
- Account Termination: We may suspend or terminate your account at our
discretion for violations, fraud, or misuse. You may terminate your account by
contacting us, but prior obligations (e.g., payments) remain.
3. Third-Party Platforms and Services
Takshila integrates with third-party services to provide our
platform.
- E-commerce Platform: Our store is hosted on a third-party platform
(e.g., Shopify), and you agree to comply with their applicable terms.
- Third-Party Payment Processors: Payments are processed by third-party
gateways (e.g., Stripe, PayPal). You authorize charges to your payment method, and their
terms apply.
- Third-Party AI Services: AI design features use third-party generative
AI models. Takshila does not warrant their availability, accuracy, or output.
- Third-Party Artisans and Suppliers: Jewelry is crafted by third-party
artisans. We strive for quality but are not liable for delays or variations beyond our
control.
- Third-Party Links: Links to third-party sites are for convenience, and
Takshila is not responsible for their content or practices.
4. Offerings and Order Process
Takshila provides custom and catalog jewelry products and design
services.
- Product Descriptions: We aim for accurate descriptions and images, but
minor variations may occur. Descriptions are for informational purposes and not
guaranteed error-free.
- Design Services: Our platform offers AI-generated and community
designs. Final products may vary slightly from renderings due to manufacturing
constraints.
- Placing an Order: Orders are offers to purchase, accepted only upon our
confirmation and full payment. We may decline orders at our discretion.
- Right to Refuse or Cancel: We may refuse or cancel orders for reasons
like payment issues, fraud, or errors, with refunds for declined orders.
- Availability: Products are subject to availability, and we may
discontinue items or limit quantities.
- Pre-Orders and Quotes: Quotes are estimates and may be adjusted before
order confirmation due to market changes.
5. Pricing and Payment Terms
Pricing and payment are handled as follows:
- Currency and Taxes: Prices are in USD, excluding taxes or duties, which
are added at checkout or are your responsibility.
- Dynamic Pricing: Prices reflect real-time factors like materials and
labor costs and may change until order confirmation.
- Payment Process: You must provide a valid payment method, authorizing
Takshila and processors to charge the full amount.
- Payment Timing: Charges occur at order placement for custom orders.
Failed payments may lead to order cancellation.
- Third-Party Fees: You are responsible for bank or provider fees.
- Security: Payments are processed securely, but internet transmission
risks remain yours.
- Failed Charges: You must resolve declined payments or return products,
covering associated costs.
- Promotions and Discounts: Promotions are subject to terms and may be
withdrawn if misused.
6. Shipping and Delivery
Shipping details for Takshila orders include:
- Shipping Locations: We primarily ship within the U.S. but aim to expand
globally. Check our shipping policy for international terms.
- Delivery Times: Timelines are estimates, and delays may occur due to
design complexity or carrier issues.
- Shipping Carriers and Costs: Costs and options are shown at checkout.
Free shipping may have conditions.
- Risk of Loss: Risk passes to you upon delivery. Notify us immediately
of loss or damage for insured shipments.
- International Shipments: You are responsible for import duties and
customs fees.
- Incorrect Addresses: Ensure accurate addresses; additional fees may
apply for re-delivery.
- Notification of Delivery Issues: Report issues within 5 business days
of delivery.
7. Custom and Personalized Orders
Custom jewelry orders have special terms:
- Definition of Personalized Products: Includes AI-generated,
user-uploaded, community-sourced designs, or modified catalog items.
- One-of-a-Kind Creation: Personalized items are final sale,
non-returnable, and non-cancelable once production begins.
- Exceptional Cancellation/Return Policy: Rare cancellations or returns
may incur deductions for costs incurred.
- Changes to Custom Orders: Changes after approval may incur fees or be
impossible if production has started.
- Representation of Designs: Final products may vary slightly from
concepts due to manufacturing. Minor deviations are not defects.
- No Implied Approval of Design Legality: Acceptance of a design does not
confirm its legality; you are responsible for IP compliance.
- CAD Model Approval Process: Custom orders require CAD model approval
before production. No changes are allowed post-approval.
8. Returns, Refunds, and Exchanges
Our return policy varies by product type:
- Standard Products: Limited standard items may be returned within a
specified period if unused and undamaged.
- Made-to-Order Items: Custom items are non-returnable unless defective
or incorrect.
- Manufacturing Defects or Errors: Report defects within 5 days for
repair, replacement, or refund.
- Return Shipping Charges: We cover shipping for defects; otherwise, you
are responsible.
- Condition of Returned Items: Items must be unused and unaltered for
returns.
- Refund Processing: Refunds are processed to the original payment method
within 5-7 business days.
- Exchanges: Exchanges are treated as returns and new purchases.
- No Refund on Digital/Service Fees: Service fees, if introduced, are
non-refundable once rendered.
- Your Legal Rights: Statutory consumer rights may apply, especially for
EU customers, but custom items are often exempt.
9. User-Generated Content and Designs
Content you submit to Takshila is governed as follows:
- User Content Definition: Includes designs, images, text, and other
submissions.
- Your Ownership: You retain ownership of your original content.
- License to Takshila: You grant us a non-exclusive, worldwide license to
use, modify, and distribute your content for Services.
- User Content Guidelines: Content must be original, non-infringing, and
not offensive or unlawful.
- Content Moderation and Removal: We may remove content violating these
Terms without notice.
- Reporting Infringement: Notify us of IP violations via our DMCA
process.
- User Content Is Not Confidential: Publicly posted content is visible to
others; protect sensitive designs.
- Retention and Backup: We may retain content for legal purposes but are
not obligated to store it.
- Feedback: Feedback you provide can be used freely by Takshila.
10. Special Terms for Designers (Community Marketplace)
Designers uploading designs for sale have additional terms:
- Designer Role: Designers earn commissions or royalties when their
designs sell.
- Commission: Takshila sets commission rates, which may change with
notice.
- Royalties: Designers may set royalties, subject to caps for
marketability.
- Payouts and Fees: Earnings are paid periodically after sales are final,
with possible transaction fee deductions.
- Accounting and Taxes: Designers are responsible for taxes on earnings.
- Design Approval and Removal: Designs must meet quality standards and
may be removed at our discretion.
- Changes to Marketplace Service: We may modify or discontinue the
marketplace with notice.
- No Employment or Partnership: Designers are independent creators, not
employees.
- Commission Adjustments and Chargebacks: Breaches may lead to withheld
payouts or liability for costs.
- Marketing and Promotion: We may promote your designs with attribution.
- Community Conduct: Interactions must be professional; off-platform
dealings are prohibited.
- Payout Information, Compliance, and Withholding Rights: Provide
required payment and tax information; non-compliance may delay or cancel payouts.
11. Intellectual Property Rights
Takshila and third-party IP is protected as follows:
- Takshila’s Intellectual Property: Our content, logos, and software are
protected by copyright and trademark laws.
- Use of Takshila Marks: You may not use our marks without permission.
- Third-Party IP on the Site: Third-party content is used under license
and must be respected.
- No License by Implication: No IP rights are granted except as stated.
- Feedback IP: Feedback can be used freely by Takshila.
12. Privacy and Data Protection
Your personal information is handled per our Privacy Policy.
- Privacy Policy: Governs data collection, use, and protection.
- GDPR and International Users: We comply with applicable data protection
laws.
- CCPA: California residents have specific privacy rights.
- Data Security: We use reasonable security measures, but transmission
risks remain.
- Data Retention: Data is retained as needed for legal and operational
purposes.AI Design Data: AI prompts and designs may be
stored and processed by third parties.
- Cookies and Tracking: We use cookies per our Privacy Policy.
- Children’s Privacy: Services are not for children under 13.
13. Disclaimers of Warranties
Services and products are provided with limited warranties:
- As-Is Service: Services are provided “AS IS” without guarantees of
continuity or security.
- Product Warranties: We guarantee material specifications; other
warranties are disclaimed.
- No Guarantee of Design Outcomes: AI designs may not be unique or
suitable.
- Third-Party Services & Content: No warranties for third-party services
or links.
- Consumer Law: Statutory rights may apply where disclaimers are limited.
- Allergy or Sensitivity: You are responsible for inquiring about
materials for allergies.
14. Limitation of Liability
Our liability is limited as follows:
- Indirect Damages: No liability for indirect, special, or punitive
damages.
- Direct Damages Cap: Liability is capped at the greater of fees paid or
$100.
- Release of Liability: You release Takshila from liability for results
of Service use.
- Exceptions: Liability limits apply unless prohibited by law.
- Timeliness of Claims: Claims must be filed within one year, where
permitted.
15. Indemnification
You agree to indemnify Takshila against claims arising from:
- Your breach of these Terms.
- Your content infringing third-party rights.
- Your transactions or interactions with other users.
- Your unlawful conduct or negligence.
We may control our defense, and you must cooperate.
16. Dispute Resolution and Governing Law
Disputes are handled as follows:
- Governing Law: Florida and U.S. federal law govern, excluding conflict
of law principles.
- Initial Dispute Resolution: Attempt informal resolution via customer
support.
- Arbitration Agreement: Disputes are resolved by binding individual
arbitration, with opt-out within 30 days.
- Exceptions to Arbitration: Small claims or IP injunctions may go to
court.
- Class Action Waiver: Claims are individual only.
- Jurisdiction for Legal Proceedings: Florida courts have jurisdiction if
arbitration does not apply.
- Jury Trial Waiver: Court claims waive jury trials.
- Confidentiality of Arbitration: Arbitration proceedings are
confidential.
17. Legal and Compliance Clauses
Additional compliance terms include:
- Export & Sanctions Compliance: You represent you are not in a
sanctioned country or on restricted lists and will comply with U.S. export laws.
- Anti-Money Laundering and Verification: We may request identity
verification for large or suspicious orders.
- Law Enforcement Cooperation: We may report suspected illegal activity
to authorities.
- Jurisdictional Use Limitations: You are responsible for local law
compliance.
- No Third-Party Beneficiaries: Only you and Takshila may enforce these
Terms.
- English Version Governs: The English version of these Terms controls.
18. User Conduct and Account Use
You agree to proper use of the platform:
- Prohibited Technical Misuse: Do not hack, disrupt, or introduce
malicious code.
- Account Sharing and Protection: Do not share login credentials; notify
us of unauthorized access.
- Harassment and Discrimination: Abusive or discriminatory behavior is
prohibited.
- User Responsibility for Input Accuracy: You are responsible for
accurate order and design information.
- No Endorsement of User Interactions: Off-platform dealings are not
endorsed by Takshila.
19. User Content and Community Guidelines
Community content rules include:
- Views Expressed Disclaimer: User content reflects user views, not
Takshila’s.
- No Liability for User Content: We are not liable for content not yet
removed.
- No Implied Endorsement or Verification: User descriptions are not
warranted by Takshila.
20. Product Safety, Quality, and Ethical Practices
Product-related terms include:
- Not Intended for Children: Jewelry is for adults and may pose choking
or allergy risks.
- Substances in Manufacturing: Products may contain trace chemicals like
lead or nickel.
- Conflict-Free and Ethical Sourcing: We source from conflict-free
suppliers and support fair labor.
- Quality and Care Disclaimers: Wear and tear is not a defect; proper
care is your responsibility.
- Customer’s Post-Delivery Responsibility: You are responsible for items
after delivery.
21. Additional Disclaimers and Liability Protections
Additional disclaimers include:
- No Professional Advice: Information is not professional advice.
- User’s Use at Own Risk: You use Services at your sole risk.
- Limitation of Remedies: Remedies are limited to those in these Terms.
- No Indirect or Punitive Damages: Excluded to the extent permitted by
law.
- No Warranty of Unique Outcomes: AI designs may not be unique.
- Third-Party Beneficiaries of Disclaimers: Disclaimers extend to our
partners.
22. Communications and Miscellaneous
Miscellaneous terms include:
- Electronic Communications Consent: You consent to electronic
communications.
- Opt-Out of Marketing: Unsubscribe from marketing emails as described in
our Privacy Policy.
- Updates to Terms and Policies: Material changes will be notified via
email or site posting.
- Changes to Services: We may modify or discontinue Services without
liability. assorted
- No Waiver: Non-enforcement does not waive our
rights.
- Severability: Invalid provisions do not affect remaining Terms.
- Entire Agreement: These Terms are the complete agreement.
- Assignment: You may not assign rights without consent; we may assign
freely.
- Force Majeure: We are not liable for delays beyond our control.
- Survival: Certain provisions survive termination.
23. Contact Information
For questions or concerns about these Terms, contact us at:
Email: aikanshtyagi@takshila.co
Website: https://takshila.co
Address: Takshila Jewelry, 5229 4th St, Zephyrhills, FL 33542,
USA
We value honesty, transparency, and customer
trust. Takshila’s mission is to empower creativity in jewelry design and conduct business
fairly, safeguarding both our customers and our company. Thank you for taking the time to
read these Terms.
Happy designing and shopping on Takshila!