1. BY USING THIS WEBSITE YOU REPRESENT AND WARRANT
THAT:
You are 18 years of age or older and that your use of the Website
and/or Services shall not violate any applicable law or regulation.
-
a. All registration information you submit is truthful and accurate and that
you agree to maintain the accuracy of such information.
- b. Your membership is solely for your personal and non-commercial use.
Any use of this Website or its content other than for personal purposes is
prohibited.
- c. Your personal and non-commercial use of this Website shall be
subjected to the following restriction
- (i) you may not modify any content
of the Website, including but not limited to, any public display,
description, performance, sale, rental, pricing of the product;
- (ii) you may
not decompile, reverse engineer, or disassemble the content, or (c)
remove any copyright, trademark registration, or other proprietary
notices from the content. You further agree not to access or use this
Website in any manner that may be harmful to the operation of this
Website or its content
- d. You will not (a) use any product or service available on the Website
and / Services for commercial purposes of any kind, or (b) advertise or
sell any products, services or otherwise (whether or not for profit),
or solicit others (including, without limitation, solicitations for
contributions or donations) or use any public forum for commercial
purposes of any kind, or (c) use the Website and/or Services in any way
that is unlawful, or harms www.swadiamonds.com or any other person or
entity, as determined in the swadiamonds.com ’s sole discretion. In the
event, you want to advertise your product contact 9995 900 200.
- e. You will not post, submit, upload, distribute, or otherwise transmit or
make available any software or other computer files that contain a virus
or other harmful component, or otherwise impair or damage the Website
and/or Services or any connected network, or otherwise interfere with
any person or entity’s use or enjoyment of the Website and/or Services.
- f. You will not engage in any form of antisocial, disrupting, or destructive
acts, including “flaming,” “spamming,” “flooding,” “trolling,” “phishing” and
“briefing” as those terms are commonly understood and used on the
Internet.
- g. You will not delete or modify any content of the Website and/or
Services, including but not limited to, legal notices, disclaimers, or
proprietary notices such as copyright or trademark symbols, logos, that
you do not own or have express permission to modify.
- h. www.swadiamonds.com cannot and will not assure that other users are
or will be complying with the foregoing rules or any other provisions of
this Terms of Use, and, as between you and www.swadiamonds.com,
you hereby assume all risk of harm or injury resulting from any such lack
of compliance.
- i. All information, content, and material contained in the Website and/or
Services are www.swadiamonds.com‘copyrighted property. All
trademarks, services marks, trade names, and trade dress are
proprietary to www.swadiamonds.com. No information, content, or
material from the Website and/or Services may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way
without www.swadiamonds.com ‘s express written permission.
- j. You acknowledge that when you access a link that leaves the Website,
the site you will enter into is not controlled by www.swadiamonds.com
and different terms of use and privacy policy may apply. By accessing
links to other sites, you acknowledge that www.swadiamonds.com is not
responsible for those sites. www.swadiamonds.com reserves the right to
disable links from third-party sites to the Website,
although www.swadiamonds.com is under no obligation to do so.
2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
The information, content, and materials on this website and/or services
are provided on an “as is” and “as available”
basis.
www.swadiamonds.com and all its affiliates, officers, employees,
agents, partners, and licensors disclaim all warranties of any kind, either
express or implied, including but not limited to, implied warranties on
merchantability, fitness for a particular purpose, and non-infringement.
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a. www.swadiamonds.com makes all reasonable efforts to display the
products listed for sale on its website (s) as accurately as possible.
However, www.swadiamonds.com cannot guarantee that your monitor’s
display of any product colour, texture, or detail will
be accurate. www.swadiamonds.com does not warrant those product
descriptions or other content are accurate, complete, reliable current, or
error-free. While www.swadiamonds.com makes every effort
to ensure that the products are described and priced accurately, in the
event that an item is deemed to be priced
incorrectly, www.swadiamonds.com reserves the right to refuse the sale
of that item.
- b. www.swadiamonds.com does not warrant that the functions contained
in content, information, and materials on the website and/or services,
including, without limitation any third party sites or services linked to the
website and/or services will be uninterrupted, timely, or error-free, that
the defects will be rectified, or that the website or the servers that make
such content, information, and materials available are free of viruses or
other harmful components.
- c. Any material downloaded or otherwise obtained through the website
and/or services are accessed at your own risk, and you will be solely
responsible for any damage or loss of data that results from such
download to your computer system.
- d. You hereby indemnify, defend, and
hold www.swadiamonds.com, www.swadiamonds.com ‘s distributors,
agents, representatives, and other authorized users, and each of the
foregoing entities’ respective resellers, distributors, service providers
and suppliers, and all of the foregoing entities’ respective officers,
directors, owners, employees, agents, representatives, harmless from
and against any and all losses, damages, liabilities, and costs arising
from your use of the website.
- e. You expressly understand that under no circumstances, including, but
not limited to, negligence, shall the Company be liable to you or any
other person or entity for any direct, indirect, incidental, special, or
consequential damages, including, but not limited to damages for loss of
profits, goodwill, use, data, or other intangible losses, resulting from
circumstances, including but not limited to: (i) the
use or the inability to use the website and/or services; or (ii) the cost of
procurement of substitute goods and services resulting from any goods,
data, information or services purchased or obtained or messages
received or transactions entered into through or from the website and/or
services or (iii) unauthorized access to or alteration of your
transmissions or data; (iv) statements or conduct of any third party on
the website and/or services; or (v) any other matter relating to the
website and/or services.
- f. www.swadiamonds.com or any of the foregoing entities’ respective
resellers, distributors, service providers, and suppliers are relieved of all
its responsibilities, if any, in the event of failure of performance resulting
directly or indirectly from any act of force majeure or causes beyond the
company’s reasonable control including, without limitation, acts of God,
war, equipment and technical failures, electrical power failures or
fluctuations, strikes, labour disputes, riots, civil disturbances, shortages
of labour or materials, natural disasters, orders of domestic or foreign
courts or tribunals, non-performance of third parties, or any reasons
beyond the reasonable control of the company or any of the foregoing
entities’ respective resellers, distributors, service providers, and
suppliers. you further acknowledge and agree that neither the Company
nor any of the foregoing entities’ respective resellers, distributors,
service providers, and suppliers are responsible or liable for (a) any
incompatibility between the website and / or services and any other
website, service, software, or hardware or (b) any delays or failures you
may experience with any transmissions or transactions relating to the
website in an accurate or timely manner. Some jurisdictions do not
allow the exclusion of certain warranties or the limitation or exclusion of
liability for incidental or consequential damages. Accordingly, some of
the above limitations may not apply to you.
- g. Each paragraph, clause, sub-clause, and provision of these terms of
use shall be severable from each other and if for any reason any
paragraph, clause, sub-clause or provision is invalid or unenforceable,
such invalidity or enforceability shall not prejudice or in any way affect
the validity or enforceability of any other paragraph, clause, sub-clause,
or provision, which shall be read and construed so as to give thereto, the
full effect thereof, subject only to any contrary provision of the law to the
effect that where this provision of this terms of use or any paragraph,
clause, sub-clause or provision hereof would be but for the provisions of
this paragraph read and construed as being void or ineffective it shall
nevertheless be a valid terms of use, paragraph, clause, sub-clause, or
provision, as the case may be, to the full extent to which it is not contrary
to any provision of the law.
- h. Those that access the website and/or services do so, on their own
initiative and are responsible for compliance with all applicable laws
including, but not limited to, any applicable local laws. These terms of
use are governed by the laws of India. Any action, suit, or other legal
proceedings, which is commenced to resolve any matter arising under
or relating to this letter, shall be subject to the jurisdiction of the courts
at Ernakulam
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i. All the contents on the website, of any manner, whatsoever, is
Copyrighted work is protected under Indian Copyright Act, 1957. The
unauthorized reproduction and distribution of our Copyrighted Work via
the internet without our express permission constitute copyright
infringement under the Copyright Act, 1957. Your act of infringement of
our Copyrighted copyright and proprietary right makes you liable for
action in law that includes prosecution under the Code of Civil
Procedure, 1908 and Code of Criminal Procedure, 1973
- j. In the event of a breach of the terms and conditions of this terms of
use by the user, the user shall be promptly liable to
indemnify www.swadiamonds.com for all the costs, losses, and damages
caused to www.swadiamonds.com as a result of such a breach. Further,
in the event of your breach of these terms of use, you agree that
www.swadiamonds.com will be irreparably harmed and will not have an
adequate remedy in money or damages. www.swadiamonds.com,
therefore, shall be entitled in such event to obtain an injunction against
such a breach from any court of competent jurisdiction immediately upon
request. www.swadiamonds.com ‘s right to obtain such relief shall not
limit its right to obtain other remedies.
- k. Any failure of www.swadiamonds.com to exercise or enforce any right
or provision of these terms of use shall not operate as a waiver of such
right or provision.
* TERMS AND CONDITIONS MENTIONED ABOVE IS APPLICABLE
ONLY FOR THE PURCHASE AND SERVICE THROUGH
www.swadiamonds.com
