1. LEGAL INTRODUCTION & BINDING NATURE
These Terms & Conditions (“Terms”, “Master Policy”) constitute a legally binding agreement governing access to and use of the online marketplace operated under the brand Aabhara (“Platform”).
The Platform is owned and operated by Aabhara Enterprises Private Limited, a company incorporated under the Companies Act, 2013 (“Company”, “Aabhara”, “we”, “us”, “our”).
By accessing, browsing, registering on, or using the Platform in any manner whatsoever, you (“User”, “you”, “your”) confirm that you:
- Are legally competent to contract;
- Have read, understood, and accepted these Terms;
- Agree to be legally bound by them.
If you do not agree to these Terms, you must immediately discontinue use of the Platform.
2. COMPANY IDENTIFICATION & JURISDICTION
Legal Name: Aabhara Enterprises Private Limited
Registered Office: {{ }}
Corporate Identification Number (CIN): {{ }}
Principal Place of Business: Hyderabad, Telangana
Jurisdiction: Courts at Hyderabad, Telangana, India
3. DEFINITIONS & INTERPRETATION
Unless the context otherwise requires:
- “Platform” includes the website www.aabhara.net, mobile applications, APIs, dashboards, and related services.
- “Host” means a verified User who lists jewellery on the Platform.
- “User” means any person accessing or using the Platform.
- “Jewellery” means ornaments or accessories listed by Hosts.
- “Booking” means a confirmed transaction facilitated through the Platform.
- “Rental Period” means the duration for which jewellery is booked.
- “Rental Fee” means the consideration payable by a User.
- “Protection Fee” means a mandatory non-insurance risk mitigation fee.
- “Reference Value” means the indicative value assigned by the Platform.
- “Policies” include all additional rules published by Aabhara.
Headings are for convenience only and do not affect interpretation.
4. PLATFORM ROLE – CRITICAL LEGAL POSITIONING
4.1 Marketplace Facilitator Only: Aabhara is a technology-enabled marketplace facilitator and is not a party to any contract between Hosts and Users.
4.2 No Ownership / Custody / Bailment: At no point shall Aabhara be deemed to own jewellery, take possession or custody, or act as a bailee, trustee, agent, insurer, or guarantor.
4.3 No Insurance or Financial Services: Aabhara does not provide insurance, lending, leasing, or financial products of any nature.
4.4 Independent Users: Hosts and Users act independently and at their own risk. Aabhara does not control jewellery usage beyond Platform rules.
5. ELIGIBILITY, REGISTRATION & ACCOUNT CONTROL
Only individuals aged 18 years or above may use the Platform. All Users must complete identity verification (KYC), address verification, and any additional checks mandated by the Platform.
Aabhara reserves the right to reject registrations, request re-verification, suspend, or terminate accounts without notice to protect Platform integrity.
Users are solely responsible for all activity conducted through their account.
6. HOST-SPECIFIC TERMS
Hosts represent, warrant, and agree that they are lawful owners or authorised possessors of listed jewellery. Listings must be accurate and non-deceptive.
Jewellery may be subject to physical verification, weight measurement, condition documentation, and tamper-proof sealing. The Reference Value determined by Aabhara shall be final and binding.
Hosts bear sole responsibility for tax compliance, income declarations, and ownership disputes.
7. USER-SPECIFIC TERMS
Users shall use jewellery carefully and lawfully. Jewellery shall not be sub-rented, modified, pledged, sold, or transferred to third parties.
Jewellery must be returned on the agreed date and in original condition, excluding normal wear. Users accept liability for damage, loss, theft, or misuse as determined by Platform assessment.
8. BOOKINGS, PRICING & PAYMENTS
All bookings must be initiated and confirmed through the Platform. Charges may include Rental Fee, Protection Fee, Platform service fee, and applicable taxes.
Aabhara acts only as a collection and disbursement facilitator and may withhold payouts to resolve disputes or recover losses.
9. PROTECTION FEE – STRICT NON-INSURANCE CLAUSE
The Protection Fee is mandatory, non-insurance in nature, and does not guarantee compensation. Any compensation is discretionary, subject to internal assessment, and may be partial or denied.
10. LOGISTICS, VERIFICATION & HANDOVER
Aabhara may appoint third-party agents. Jewellery condition is documented at pickup, delivery, return, and final handover stages. Responsibility transfers only at documented handovers.
11. DAMAGE, LOSS & DISPUTE RESOLUTION
Damage assessments are based on visual records, weight records, agent reports, and Platform logs. Aabhara’s determination shall be final and binding.
12. CANCELLATION, REFUNDS & PENALTIES
Cancellation rules are governed by the Cancellation Policy. Protection Fees are generally non-refundable. Late returns may attract penalties or legal action.
13. SUSPENSION, TERMINATION & BLACKLISTING
Aabhara may suspend or permanently ban accounts for fraud, misrepresentation, policy violations, or risk to the Platform or Users, with or without notice.
14. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Aabhara shall not be liable for indirect or consequential losses. Maximum liability, if any, shall be limited to fees retained by Aabhara for the relevant booking.
15. INDEMNITY
You agree to indemnify and hold harmless Aabhara from any claims arising from your breach of these Terms, misuse of jewellery, or violation of applicable laws.
16. DATA PROTECTION & PRIVACY
Personal data is processed in accordance with the Digital Personal Data Protection Act, 2023 and the Privacy Policy.
17. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights belong exclusively to Aabhara or its licensors.
18. GOVERNING LAW & JURISDICTION
These Terms are governed by the laws of India. Courts at Hyderabad, Telangana shall have exclusive jurisdiction.
19. AMENDMENTS & UPDATES
Aabhara may amend these Terms at any time. Continued use of the Platform constitutes acceptance.
20. SEVERABILITY & WAIVER
Invalid provisions shall not affect the remaining Terms. Failure to enforce any right shall not constitute a waiver.
21. COMMUNICATION
Official communication may be electronic.
Email: support@aabhara.net
Location: Hyderabad, Telangana, India
22. INCORPORATED POLICIES
These Terms incorporate the Privacy Policy, Host Agreement, User Agreement, Protection Fee Policy, Pricing Policy, Cancellation Policy, Damage & Dispute Policy, and KYC Policy.
