Terms and Conditions

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Service. By accessing the service or becoming a member, you consent to receive communications from us electronically and accept this agreement and agree to the terms, conditions, notices, and disclosures contained or referenced herein.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliatemeans an entity that controls, is controlled by or is under common control with a party.
• Countryrefers to: Maharashtra, India
• Company(referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Carat Gems, Mumbai, Maharashtra.
• Devicemeans any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Servicerefers to the Website.
• Terms and Conditions(also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Servicemeans any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to Carat Gems, accessible from https://www.caratgems.in
• Youmeans the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

• These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
• Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, registered members and users and others who access or use the Service.
• The Services are available only to individuals who can form legally binding contracts under applicable laws of India and the country of their residence. Without limiting the foregoing, the Services are not permitted to be used by minors (which means, in most jurisdictions, those under the age of 18) or temporarily or indefinitely suspended caratgems members. Your use of the caratgems.in website represents and warrants that you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement.
• By accessing or using the Service You agree to be bound by these Terms and Conditions.
• Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Non-Commercial Use

The Service offered is for the personal use of individual members, and cannot be used in connection with any commercial endeavours, unless registered and approved as an ‘Affiliate’ of the Company. The commercial endeavours include providing links to other web sites, whether deemed competitive to caratgems.in or otherwise. Illegal and/or unauthorized uses of the service, including unauthorized framing of or linking to the Website will warrant legal action to be taken.

Use of Membership

Your Membership, if any, is for Your personal use only and cannot be transferred to any other person/entity.

Members are advised to make appropriate/thorough enquiries before acting upon any service advertisement. Our Website does not vouch for or subscribe to the claims and representations made by advertisers.

Proprietary Rights

• The Company retains all proprietary rights in the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of the Company, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you cannot copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Any such act or an attempted act on your part shall constitute a violation of this Agreement and your membership is liable to be terminated forthwith by Us without refund of any of your unused membership fee, if any.
• Reliance on content, advice, opinions, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website.
• Under no circumstances will the Company or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

Prohibited Activities

The Company reserves the right to investigate and terminate your membership, if any, if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Disclaimer Of Warranties And Limitation Of Liabilities

Your use of the Service is at your sole risk.  Please note that this contract strictly limits our liability and we do not provide warranties for the service. The contract also limits your remedies.

• in and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
• Limitation on liability: you expressly understand and agree that caratgems.in and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the service; (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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
• Notwithstanding anything to the contrary contained herein, the entire liability of the Company and any of its suppliers under any provisions of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
• To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service;

Indemnity By You

You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Disputes & Governing Law

•  Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

• Governing Law

If there is any dispute about or involving the Service, by using the Service, you unconditionally agree that all such disputes and/or differences will be governed by the laws of India and shall be subject to the exclusive jurisdiction of the Competent Courts in Mumbai, India only.

Severability and Waiver

• Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

• Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: contact@caratgems.in
• By visiting this page on our website: https://www.caratgems.in/contact.html

* Last updated: April 21, 2022