Terms & Conditions
INTRODUCTION
This User Agreement governs the website, mobile site, application,
and/or other service, regardless of how distributed, transmitted, published, or
broadcast (each, a "Service") provided by Diamonhub.co.in website .,
its parent, subsidiaries and/or affiliates ("we," "us," or
"our") that links to this User Agreement and which is binding on all those who access,
visit and/or use the Service, whether acting as an individual or on behalf of
an entity, including you and all persons, entities, or digital engines of any
kind that harvest, crawl, index, scrape, spider, or mine digital content by an
automated or manual process or otherwise (collectively, "you" or
"your").
The User Agreement may be modified from time to time; the date of
the most recent revisions will appear on this page, so check back often.
Continued access of the Service by you will constitute your acceptance of any
changes or revisions to the User Agreement. If you breach, violate, fail to
follow, or act inconsistently with the rules, restrictions, limitations, terms
and/or conditions that apply to the Service, whether listed in this User
Agreement and ., posted at various points in the Service, or otherwise
communicated to users of the Service (collectively, the "Agreement"),
we may terminate, discontinue, suspend, and/or restrict your account/profile,
your ability to access, visit, and/or use the Service or any portion thereof,
and/or the Agreement, including without limitation any of our purported obligations
hereunder, with or without notice, in addition to our other remedies. In
addition, we may curtail, restrict, or refuse to provide you with any future
access, visitation, and/or use of the Service. We reserve the right, in
addition to our other remedies, to take any technical, legal, and/or other
action(s) that we deem necessary and/or appropriate, with or without notice, to
prevent violations and enforce the Agreement and remediate any purported
violations. You acknowledge and agree that we have the right hereunder to an
injunction without posting a bond to stop or prevent a breach or violation of
your obligations under the Agreement.
2. Definitions
a)
"Jewellery" - means the
jewellery that is predesigned and being sold by the Vendor. The definition of
jewellery will be defined more clearly based on all the different categories of
products this website will be selling eg: Diamond, Gold, Silver, precious and
semi-precious Gems & imitation Jwellery etc.
b)
User – any person above the age of 18
years who is accessing or using the website for buying purposes.
REGISTRATION AND ACCOUNT/PROFILE CREATION
Registration Information:
We may at times require that you
register for certain services, and/or to make purchases, or register and/or set
up an account/profile to access, visit and/or use certain portions of the
Service, or the Service as a whole, in which case you may be provided, or
required to choose, a password and/or User ID, and you may provide a credit,
debit, or charge card number, or other payment information, as well as your
name, telephone number(s), email and/or street address, and other personally
identifiable information.
All such information shall be referred
to in the Agreement as your "Registration Information". We may use
and share your Registration Information
You agree, represent, warrant, and
guarantee that all Registration Information provided by you is true, accurate,
complete, up-to-date, and solely yours. You may not impersonate, imitate or
pretend to be somebody else when registering and/or setting up an
account/profile on the Service.
We reserve the right at any time, with
or without notice, to remove or require a change to or repossess any password
and/or User ID that has been provided to you, any avatar you may be using or
other Registration Information,
You will be solely responsible for
maintaining the confidentiality of your Registration Information. You may not
authorize or permit anyone else to access and/or use your Registration
Information, or access, visit and/or use the Service by use of your
account/profile and/or Registration Information.
Any attempt to do so will be null and
void and shall be considered a material breach of the Agreement.
If you have reason to believe that your
account/profile is no longer secure (for example, in the event of a loss, theft
or unauthorized disclosure or use of your Registration Information), you must
immediately change the affected Registration Information by using the mechanism
or contact information on the Service, if available, and/or close the
account/profile.
Fees and Payments:
We and our licensors, vendors, and/or
service providers may charge you fees for jewellery products and/or services,
including without limitation Content, offered for sale, rental or auction on or
through the Service, and/or for access to portions of the Service or the
Service as a whole. You agree to pay all fees and charges, including applicable
taxes and surcharges,
A.
We and our licensors, vendors, and/or service providers reserve
the right to change the amount of, or basis for determining, any Fees, and to
institute new Fees, effective upon publication of such revised pricing on the
Service.
B.
If you submit a credit, debit, or charge card number, or other
payment information to us upon registration, at the time of purchase, or
otherwise, you authorize, give us permission, and direct us to retain such
information and to charge all Fees to such payment method.
C.
You must notify us about any billing problems or discrepancy
within seven (7) days after they first appear on your statement; otherwise, you
waive any right to challenge or dispute such problem or discrepancy.
D.
If Fees cannot be charged to the payment method you designate, or
payment is returned to us for any reason, including charge back, we reserve the
right, in addition to our other remedies, to: (i) demand immediate payment of
all outstanding Fees due to us from you; (ii) assess an additional 1.5 percent late charge, or the highest
amount allowed by law, whichever is lower; (iii) take any and all lawful steps
necessary to collect Fees owed to us, and you will be responsible for all costs
and expenses incurred in connection with such collection activity, including
collection fees, court costs, and attorneys' fees; (iv) charge such Fees to any
other payment method you have on file with us; and (v) terminate, discontinue,
suspend, and/or restrict your account/profile, your ability to access, visit
and/or use the Service or any portion thereof, and/or the Agreement, including
without limitation any of our purported obligations hereunder.
E. In addition, you are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, mobile, wireless, Internet and other services necessary to access, visit and/or use the Service.
Rules Of Usage
A. The
Service is not intended for users under the age of 18, and we do not knowingly
collect personally identifiable information from users under the age of 18.
B. We
reserve the right, in addition to our other remedies, with or without notice,
to immediately disconnect from the Service any equipment, hardware, software,
product and/or services causing interference with us, our licensors, vendors,
service providers, the Service or any Content.
C. If
you provide to us the number for a mobile or other device, or we obtain the
device identifier for a device you are using, you agree, represent, warrant,
and guarantee that such device is registered in your name and owned by you, or
that you have permission of the device owner(s).
D. Unless
otherwise specified, the Service is intended for your personal and
non-commercial use only.
E. `Your
linking to or accessing any other site,
application, destination or service is at your sole risk.
F. You
must comply with all local, state, federal, provincial, national,
international, and foreign laws, rules, and regulations in accessing and using
the Service, and will immediately notify us if you learn of or suspect a
security breach or any illegal activity in connection with the Service.
G. You
will not post, upload, transmit, send or otherwise make available any Content
on or through the Service that cannot be exported without prior government
authorization or notification, including without limitation certain types of
encryption software
H. You
represent and warrant that (i) you are not located in a country that is subject
to a INDIAN Government embargo, or that has been designated by the INDIAN
Government as a "terrorist supporting" country; and (ii) you are not
listed on any INDIAN Government list of prohibited or restricted parties.
I.
Absent explicit prior written consent in certain situations, you
may not, nor may you allow, enable, authorize, instruct, encourage, assist,
suggest, inform, or promote that others, directly or indirectly
J. Any Content posted, uploaded, transmitted, sent or otherwise made available on or through the Service, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent our views or the views of our licensors, vendors, and/or service providers.
Use of Content Supplied by You:
A. You
should make copies of or otherwise back-up any and all Content, personal data
or communications you post, upload, transmit, send or otherwise make available
on or through the Service that you may wish to retain.
B. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF CONTENT OR PERSONALLY IDENTIFIABLE INFORMATION YOU POST, UPLOAD, TRANSMIT, SEND OR OTHERWISE MAKE AVAILABLE ON THE SERVICE.
Editing, Additions and Deletions:
You agree to accept, and to take no action to interfere with,
automatic upgrades or updates. Any changes to the Service may not be consistent
across all platforms, computers, or devices. If you do not refresh the Service
after each such change, or download the update(s) or upgrade(s), your
experience may not reflect the most recent features, functionality, and/or
Content, for which we and our Indemnities disclaim any and all responsibility
and liability.
Copyright Complaints:
We respect the intellectual
property of others, and we ask our users to do the same. We may, in appropriate
circumstances and at our discretion, in addition to our other remedies,
terminate, discontinue, suspend and/or restrict the account/profile or ability
to access, visit, and/or use the Service of users who infringe the copyright
rights of others, and we may choose to remove, delete, erase, or disable access
to Content deemed to be infringing. It is our policy to terminate the access of
repeat infringers.
If you have reason to
believe that your Content has been copied and/or is accessible on the Service
in a way that constitutes copyright infringement,
IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.
Disclaimer of Warranty and Limitation of
Liability:
A.
CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR
THROUGH THE SERVICE MAY BE HOSTED, ADMINISTERED, RUN OR OTHERWISE PARTICIPATED
IN BY THIRD PARTIES, SUCH AS OUR SERVICE PROVIDERS THAT PROVIDE SOCIAL,
COMMUNITY AND PUBLIC DISCUSSION AREAS, PHOTO AND VIDEO GALLERIES, BULLETIN
BOARDS, FORUMS, CHATS, BLOGS, AUCTIONS, SHOPPING, AND PERSONAL/JOB SEARCH AND
OTHER CLASSIFIED ADS. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO
THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR
COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS
AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR
CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE
AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION
WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.
B.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK.
THE SERVICE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND ON
AN "AS AVAILABLE" BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY
DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY,
TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR
ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN
WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR
COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SERVICE.
WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO
THE SERVICE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE
UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS,
INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO
SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR
DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE
AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.
C.
WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE FOR INCOMPLETE,
INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE,
UNDELIVERABLE, OR INCOMPLETELY RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO
US OR YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER,
NETWORK, COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR
ANY INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY OTHER TECHNICAL
PROBLEMS, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER'S COMPUTER, MOBILE
OR OTHER DEVICE OR ACCESS PROVIDER, INSUFFICIENT SPACE ON USER'S COMPUTER,
MOBILE OR OTHER DEVICE OR ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR COMBINATION
THEREOF.
D.
WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD
PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ALLEGEDLY SUSTAINED ARISING OUT OF THE AGREEMENT, THE SERVICE, THE SALE,
PURCHASE, RECEIPT, USE OR MISUSE OF ANY MERCHANDISE, PRODUCTS AND/OR SERVICES,
INCLUDING WITHOUT LIMITATION CONTENT, YOUR ABILITY OR INABILITY TO ACCESS,
VISIT AND/OR USE THE SERVICE, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR
OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS,
BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED
FROM THE SERVICE, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE
SERVICE OR ANY OF THE MERCHANDISE, PRODUCTS, SERVICES AND/OR CONTENT AVAILABLE
ON OR THROUGH THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE
CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU
DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE
LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR
LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.
Termination or Suspension of the
Service, Your Use of the Service, and/or the Agreement:
We reserve the right, in
addition to our other remedies, to terminate, discontinue, suspend and/or
restrict the Service, your account/profile, your ability to access, visit
and/or use the Service or any portion thereof, and/or the Agreement, including
without limitation any of our purported obligations hereunder, for any or no
reason, with or without notice. In the event of any termination or
discontinuation of your account/profile, your ability to access, visit and/or
use the Service or any portion thereof, and/or the Agreement, we reserve the
right, in addition to our other remedies, to reassign, and/or allow another user
to use, your password and/or User ID.
Communications to You:
The communications between
you and us usually use electronic means, whether you access, visit or use the
Service, send us messages, or whether we post notices on the Service or
communicate with you via messaging.
You understand and agree
that joining the Service may include receiving certain communications from us,
such as transactional or relationship messages, and/or messages about your
account/profile, and that these communications are considered part of your
account/profile and you may not be able to opt out of receiving them without
ceasing to be a registered user of the Service.
Disputes and Jurisdiction:
The Service is based in the
India. It is not designed, customized or intended for, or directed to, any
other country. In any dispute between us, your sole remedy is to stop using
your account/profile and/or the Service, including without limitation
cancelling any Fee-based services. You agree that in the event of any dispute
between us, you will first contact us and make a good faith sustained effort to
resolve the dispute before resorting to more formal means of resolution,
including without limitation any court action. In the event of any court
action, all disputes will be resolved individually, without resort to any class
action, and you specifically waive your right to a trial by jury.
General:
We reserve the right to
post, from time to time, additional rules that apply to certain portions of the
Service, or the Service as a whole. Such additional rules will be posted in the
relevant portions of the Service, and are hereby incorporated into the
Agreement by this reference. The rules, restrictions, limitations, terms and
conditions that apply to the Service, whether listed in this User Agreement and
., posted at various points in the Service, or otherwise communicated to you,
constitutes the Agreement and entire understanding between the parties, and
supersedes prior agreements between the parties, whether oral or written, with
respect to the subject matter hereof.
Any delay or failure by us
to exercise or enforce any right or provision of the Agreement will not
constitute a waiver of such right or provision.
We may sub-license,
transfer, sell or assign the Agreement, and/or any of our purported obligations
hereunder, at any time to any person or entity, with or without notice.
If you choose to access,
visit and/or use any third party social networking service(s) that may be
integrated with the Service, we may receive personally identifiable information
and other information about you and your computer, mobile or other device that
you have made available to those services, including information about your
contacts on those services.
We reserve the right to use,
transfer, assign, sell, share, and provide access to all personally
identifiable information and other information about you and your computer,
mobile or other device that we receive through third-party social networking
services in the same ways described in this Agreement as all of your other
information.
How the Service Uses Information About
You:
We may also use the
information to communicate with you about new features, products or services,
and/or to improve the services that we offer by tailoring them to your needs.
We may also allow access to
our database by third parties that provide us with services, such as technical
maintenance, market research, community and forums management, auction
services, and shopping, personal/job search and other classified ads
functionality, but only for the purpose of and to the extent necessary to
provide those services.
We may also provide your
information to our advertisers, so that they can serve ads to you that meet
your needs or match your interests. While we may seek to require such third parties
to follow appropriate privacy policies and will not authorize them to use this
information except for the express purpose for which it is provided, we do not
bear any responsibility for any actions or policies of third parties.
We reserve the right to
access, use, and share with others your personally identifying information for
purposes of health, safety and other matters in the public interest.
We may also provide access
to our database in order to cooperate with official investigations or legal proceedings
initiated by governmental and/or law enforcement officials, as well as private
parties, including, for example, in response to subpoenas, search warrants,
court orders, or other legal process.
How to Opt-Out of Third Party Tracking
Technologies:
Our advertising service
vendors and other third parties will at times also use Tracking Technologies to
serve you advertisements tailored to interests you have shown by browsing on
this Service and other sites, applications, destinations, and services you have
visited, and to determine whether you have seen a particular advertisement
before to avoid sending you duplicate advertisements, and for other lawful
business purposes.
Transfer of Information:
Your information may be transferred to, and maintained on, servers
and databases located outside of your state, province, country or other
governmental jurisdiction where the privacy laws may not be as protective as
your jurisdiction.
Kids and Parents:
This Service is not intended
for use by children, especially those under age 13. No one under age 18 is
allowed to register for the Service or provide any personally identifiable
information or use our social, community and public discussion areas, photo and
video galleries, bulletin boards, forums, chats, blogs, personal/job search and
other classified ads, and elsewhere. Minors between the ages of 13 and 17,
inclusive, must get the permission of their parent(s) or legal guardian(s)
before making purchases, including subscriptions, on this Service.
Coordinator:
If you have any
concerns or questions about any aspect of this Agreement please feel free to
contact our Coordinator as follows:
. Coordinator
Address
S/d
Make sure to
include enough information for us to help you, including for example your name,
contact information, and the specific website, mobile site, application, and/or
other service you're contacting us about.
Note: Only
inquiries about this policy or your personal information should be sent to the
. Coordinator. No other communications will be accepted or responded to.
For communications on
other matters, please contact us through the means described on the Service, if
available (for example, in the "Contact Us" section).
* * * * * * * * * * * *
* *
If you don't agree to
the terms contained in this User Agreement you must immediately exit the
Service.