TERMS AND CONDITIONS
Anmol Gems provide
their services to you subject to the following conditions. If you use, visit,
or register as a member of the website, you accept these conditions. Please
read them carefully. The Terms of Use are subject to change by Anmol Gemsat any
time, effective upon posting on the Anmol Gemswebsite, and your use of the
Website or the Service after such posting will constitute acceptance of such
changes.
1.
Electronic
Agreement
By accessing the website or becoming a member, you
consent to receive communications from us electronically and accept the terms,
conditions, notices, and disclosures contained or referenced herein.
2.
Privacy
Your privacy is
very important to us. Our Privacy Policy governs use of the Website and / or
the Service. We designed our Privacy Policy to make important disclosures to
you about how we collect and use the information. Please review it to
understand our practices.
3.
Eligibility
The Services are only available to individuals who
can form legally binding contracts under the applicable laws of India and the
country of their residence. Without limiting the foregoing, the Services are
not authorized to be used by minors (meaning, in most jurisdictions, minors
under the age of 18) or temporarily or indefinitely suspended members of Anmol
Gems. Your use of this website represents and warrants that you have the right,
authority and ability to enter into this Agreement and comply with all terms
and conditions of this Agreement.
4.
Export
a.
If you want the parcel to be delivered in a foreign country then the
payment should be made from the same country only, i.e. if you want it to be
exported then you should make the payment through that country only and if you
want the parcel to be delivered in India then payment should be made from India
only.
b.
Whenever you make any payment through PayPal or your bank account, kindly
mention the reason of your payment.
Example:
i.
Payment for the gold ring studded with emerald (if the full amount is paid
after the discussion with our executives)
ii.
Advance amount paid for the gold ring studded with Emerald Or any other
Gemstone (if the payment is done in parts)
iii.
Remaining amount paid for the gold ring studded with Emerald, etc.
c.
If you do the Bank Transfer for your purchase then kindly keep the
following points in mind:
i.
Share your swift code with the executive when asked for.
ii.
We will need the paper generated by your bank at the time of making the
payment, which contains all the transaction details and this paper will be
provided to you by your bank.
d.
International shipments tend to follow a step by step process that
includes the various checkpoints along the pathway of your shipment before it
reaches the hub near you. As the package reaches the Customs Department,
advancing through India, it undergoes their standard protocol and we have no
say in that. You can approach them at your own hand to resolve if any issue
arises.
5.
Certification:
a.
The laboratory results or comments of same Gemstone after testing may vary
across different laboratories, which lead to variation in reports. However, we
test and check all our Gemstones with best knowledge and leading technology. In
addition, we are 100% responsible for our goods and services.
b.
The comments in the Lab Certificates are written with the combined result
of technological and expert human efforts. At times the opinion or
interpretation of the experts are different according to their way and is
mentioned on the certificate as Heat Enhancement has been done. The Gemstones
are taken out from various geological locations and considering the vastness of
the temperature differences, the heat trapped in earth tends to show in the
properties of the Gemstones as traces of heat when they are mined out. As per
the industry standards natural heat is normal and the Gemstone can be used for
optimum results.
6.
Non-commercial
use
The Anmol
Gems Web Site is for personal use only and may not be used in any commercial
enterprise, unless you are a registered and approved Anmol Gems
"affiliate". Commercial efforts include providing links to other
websites, if deemed competitive to Anmol Gems or otherwise. Illegal and / or
unauthorized uses of the Website, including the creation or unauthorized
linking of the Website, will be investigated and appropriate legal action will
be taken, without limitation, including civil, criminal and injunctive relief. Anmol
Gems will have the right to recover from you, your successors, heirs,
assignees, etc. any gain, income, profit, etc., which you have earned /
received, expected or will receive with a penalty of 50% of said profit /
revenue / profit for unauthorized use of this site.
7.
Privacy of
Membership
Your
membership is for personal use only. It must not be assigned, transferred or
licensed for use by any other person / entity. Members are advised to make
appropriate / thorough investigations before acting on any service
announcement. Our website does not respond or subscribe to claims and
representations made by advertisers. Please note that your membership in Anmol Gemsis for your exclusive, personal use
only. You may not authorize others to use your membership and may not assign or
transfer your account to any other person or entity.
8.
Term:
This
Agreement will remain in full force and effect as long as you use the Website
and / or become a Member. You may cancel your membership and / or subscription
at any time by notifying Anmol Gems in writing to terminate your membership. If
you cancel your subscription, you will not be entitled to a refund of unused
subscription fees or access to digital content or the reports purchased through
Anmol Gems. You may terminate your membership and / or subscription by sending
an alert at the email address you provide on your membership application, or
any other email address that you may later provide to Anmol Gems. If Anmol Gems
cancels your membership in the Service because you have breached this
Agreement, you will not be entitled to any refund of unused subscription fees.
All decisions regarding the cancellation of the accounts will be made in Anmol
Gems' sole discretion. Anmol Gems is not obligated to give you a notification
before it cancels your membership and / or subscription. Anmol Gems is not
obligated, and may be prohibited, from disclosing a reason for termination of
your account. Even after your membership or membership is canceled, this
Agreement will remain in effect. All terms that by their nature may survive the
termination of this Agreement shall be deemed to survive such termination.
9.
Disclaimer
a.
The measurement particulars and results in the Certificate can vary from
lab to lab as the gauge used can be attributed to human and various other
factors prone to unknown errors. Accordingly, there can be a universally
accepted difference of 0.1 - 0.3 mm and few cents (+/- 0.1-3 ) in carat weight
of the Gemstone along with certain points of measurement that cover the
criteria on approximate basis due to the operation of gauges and instruments (
Weighing Balance ) of different companies by various labs. The image in the
Certificate can also carry visible difference due to the optical nature of the
camera and the near environment factors. Most of the time the photographs
clicked of the same Gemstone twice can look different pertaining to various
understandable factors in terms of color, shadow, reflection etc. Hence, common
discretion is appreciated and we do not allow any interaction based on such
differences.
b. Even Natural
gemstones contain slight natural heat that can be traced by laboratories. The
Certification can be used for reference. Any comment in certification
pertaining to the statement 'Indication of Heating found' can be assumed for
the natural heat traces sustained while the Gem block is mined.
c. The name(s) of
Laboratories are for the reference purpose. Anmol Gemsby all means, can access
the available authorized Laboratories to accomplish the task of Certification
effectively and efficiently.
d. Anmol Gems is not
responsible for any change whatsoever in the measurements represented in the
Certificate by any other Lab(s), as Anmol Gems is just a channel to provide the
services of the reputed Lab for the convenience of the customer. However, Anmol
Gems is 100% responsible for its products.
10.
Right to form Consortium / Associates
While providing services, Anmol Gemsmay
outsource any part of it to any trusted competent person or organization, with
or without disclosure to you. However, your membership rights and
responsibilities continue to be against Anmol Gemsonly and not against such
persons or organizations.
11.
Property Rights
a.
Anmol Gems owns and retains all
proprietary rights on the Anmol Gems website and the Anmol Gems service. The
Website contains copyrighted material, trademarks and other proprietary
information of Anmol Gems, and its licensors. Except for information that is in
the public domain or for which permission has been given, you may not copy,
modify, publish, transmit, distribute, perform, display or sell any proprietary
information. Any act or intent on your part will constitute a breach of this
Agreement and your membership may be terminated immediately by Anmol Gems
without refund of any of your unused subscription fees.
b.
Trust in the Content, Advice, Opinions, declarations, offers or other
information or content available through the Anmol Gems Service or the Anmol
Gems Website, but not directly by Anmol Gems, are their respective authors, and
should not necessarily be relied upon. These authors are solely responsible for
its content. Anmol Gems does not: (i) guarantee the accuracy, completeness or
usefulness of any information about the Service, or (ii) adopt, endorse or
accept responsibility for the accuracy or reliability of any opinion, advice or
statement made by any on the website. Under no circumstances will Anmol Gems or
its affiliates be liable for any loss or damage resulting from your reliance on
information or other content posted on the Website or transmitted to or by any
Member. You should not rely on any advice, opinion or other information or
content provided directly by Anmol Gems through the Advisory Section, User
Forum or Community Forum. We recommend that you visit a certified professional
for any advice, choice or information. Under no circumstances will Anmol Gems
or its affiliates be liable for any loss or damage resulting from your reliance
on information or other content posted on the Website or transmitted to or by
any Member.
12.
Content posted
by you
a.
You are solely responsible for the
Content you post or post (hereinafter, "post") on the Service or on
the Website, or transmit it to other Members. You will not publish or transmit
to any Members any defamatory, inaccurate, abusive, obscene, profane, offensive,
sexually oriented, threatening, harassing, racially offensive or illegal
material or any material that infringes or violates the rights of any other
party not limited to, intellectual property rights and privacy and publicity
rights. You will not provide inaccurate, misleading or false information to the
Company or any other Member. If the information provided to Anmol Gems, or
another Member, subsequently becomes inaccurate, misleading or false, you will
immediately notify Anmol Gems of such change. Anmol Gems reserves the right to
verify the authenticity of the Content posted on the Site. By exercising this
right, Anmol Gems may require you to provide any documentary or other evidence
supporting the Content you post on the Site. If you do not produce such
evidence, Anmol Gems may, in its sole discretion, terminate your Membership
without a refund.
b.
By posting Content in any public area
of Anmol Gems, it automatically grants and represents and warrants that it has
the right to grant to Anmol Gems, its affiliates, licensees and successors, an
irrevocable, perpetual, exclusive, fully paid, worldwide, to use, copy,
perform, display, reproduce, adapt, modify and distribute said information and
content and to prepare derivative works or incorporate such information and
content into other works and grant and authorize sublicenses of the foregoing.
In addition, you represent and warrant that public posting and the use of your
content by Anmol Gems will not infringe or violate the rights of third parties.
c.
The following is a partial list of
the type of Content that is illegal or prohibited on the Website. Anmol Gems
reserves the right to investigate and take appropriate legal action in its sole
discretion against any person who violates this provision, including, without
limitation, the removal of offensive communication from the Service and
termination of membership of such violators. Includes, but is not limited to,
Content that:
i. that is manifestly offensive to the online community,
such as Content that promotes racism, intolerance, hatred or physical harm of
any kind against any group or individual;
ii. Harasses or advocates harassment of another person;
iii. It involves the transmission of "junk mail",
"chain letters", unsolicited bulk mail or "junk mail";
iv. Promotes information that you know is false, misleading
or promotes illegal activities or conduct that are abusive, threatening,
obscene or defamatory;
v. Promotes an illegal or unauthorized copy of the work of
another copyrighted person, such as providing pirated computer programs or
links to them, providing information to circumvent the copy protection devices
installed in the manufacture, or providing pirated images , audio or video or
links to pirated images, audio or video files;
vi. Contains restricted or password-access pages, or pages or
hidden images (those that are not linked or from another accessible page);
vii. Provide material that exploits persons under the age of
18 in a sexual or violent manner, or solicits personal information from minors
under the age of 18;
viii.
Provides instructional information on
illegal activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
ix. Request passwords or personally identifiable information
for commercial or illegal purposes to other users;
x. Participates in commercial activities and / or sales
without our prior written consent, such as contests, sweepstakes, barter, and
advertising and pyramid schemes.
d.
Your use of the Service, including
but not limited to the Content you post on the Service, must be in accordance
with any and all applicable laws and regulations.
e.
You may not participate in the
advertising or solicitation of other Members. This includes but is not limited
to solicitation or advertising to buy or sell any product or service through
the Service or to assist parties or other social or networking functions for
commercial purposes. You may not transmit any chain letters or spam to other
Members. Although Anmol Gems cannot monitor the conduct of its Members outside
the Website, it is also a violation of these rules to use any information
obtained from the Service to harass, abuse or harm another person, or to
contact, advertise to solicit, sell or sell to any Member without prior
explicit consent.
f.
All information you include in your
member profile must be accurate, current and complete.
13. Prohibited
Activities
Anmol Gems reserves the right to
investigate and terminate your
membership if you have misused the Service, or behaved in a manner that could
be considered inappropriate or whose conduct is unlawful or illegal. The
following is a partial list of the type of actions you cannot perform with
respect to the Service:
i. You will not personify any person or entity.
ii. You will not express or imply that any statement you make
is endorsed by Anmol Gems without our prior written consent.
iii. You will not use any robot, spider, site search /
retrieval application or other device or manual or automatic process to
retrieve, index, "extract data" or otherwise reproduce or circumvent
the navigation structure or presentation of the Service or its content.
iv. You will not publish, distribute or otherwise reproduce
any copyrighted material, trademarks or other proprietary information without
obtaining the prior consent of the owner of such property rights.
v. You will not post, email, or otherwise transmit any
material that contains software viruses or any other computer code, file, or
program designed to disrupt, destroy, or limit the functionality of any
software or telecommunications hardware or equipment.
vi. You will not "frame" or "mirror" any
part of the Service or the Website without the prior written permission of Anmol
Gems. You also should not use Meta tags or code or other devices that contain
any reference to Anmol Gems or the Service or the site to direct anyone to any
other website for any purpose.
vii. You will not modify, adapt, sublicense, translate, sell,
reverse engineer, decrypt, decompile or disassemble any portion of the Service
or the Website or any software used in or for the Service or caused others to
do so.
14.
Disclaimer of
Warranties and Limitation of Liability:
YOUR
USE OF THE ANMOL GEMS SERVICE IS YOUR SOLE RISKPLEASE NOTE THAT THIS AGREEMENT
STRICTLY LIMITS OUR LIABILITY AND ANMOL GEMS DOES NOT PROVIDE WARRANTIES FOR
THE SERVICE. THE CONTRACT ALSO LIMITS ITS REMEDIES
a.
Anmol Gems and its subsidiaries,
affiliates, officers, employees, agents, partners and licensors expressly
disclaim all warranties of any kind, either express or implied, including but
not limited to the implied warranties of merchantability, fitness for a
particular purpose, and no infraction.
b.
Any material downloaded or otherwise
obtained through the use of the service is accessed at your own discretion and
risk, and you will only be liable for any damage to your computer system or
loss of data that results from downloading any material.
c.
Limitation Of Liability:You expressly
understand and agree thatAnmolGems and its subsidiaries, affiliates, officers,
employees, agents, partners and licensors shall not be liable for any direct,
indirect, incidental, special, consequential or exemplary damages, including
but not limited to damages for loss of profits, trade, use, data or other
intangible losses(even if AnmolGems has been advised of the possibility of such
damages), resulting from (i) the use or inability to use the service; (ii) the
cost of the acquisition of substitute goods and services resulting from any
goods, data, information or services purchased or obtained or messages received
or transactions entered through or from service; (iii) unauthorized access to
or alteration of your transmissions or data; (iv) statements or conduct of any
third party in the service; or (v) any other matter relating to the service.
d.
Except for any condition contained
herein,AnmolGems from liability to you for any cause whatsoever, and regardless
of the form of the action, shall be limited at all times to the amount paid, if
any, by you toAnmolGems,for the service during the membership period.
15.
Modifications to the Service
Anmol Gems reserves the right to
temporarily or permanently modify or interrupt the Service (or any part
thereof) with or without notice. You agree that Anmol Gems shall not be liable
to you or any third party for any modification, suspension or interruption of
the Service.
16.
Controversies and Applicable Law
If there is any dispute or
participation in the Site and / or the Service, by using the Site, you
unconditionally agree that all such disputes and / or disputes will be governed
by the laws of India and will be subject to the exclusive jurisdiction of the
competent Courts in Raipur (Chhattisgarh), India only.
17.
Compensation for your Loss
You
agree to indemnify and hold Anmol Gems, its subsidiaries, affiliates, officers,
agents and other partners and employees harmless from any loss, liability,
claim or demand, including reasonable attorneys' 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 out of a breach of this Agreement and / or any breach of its
representations and warranties set forth above.
18.
No third party beneficiary
You agree that, except as expressly
provided otherwise in this Agreement, there shall be no third party
beneficiaries of this Agreement.
19.
Treat advertisers
Any part of your correspondence or
business relationships with, or participation in promotions of, advertisers
that are in or through the service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or
representations associated therewith transactions between you and the
advertiser. You agree that Anmol Gems shall not be liable for any loss or
damage of any kind incurred because of such transactions or as the result of
the presence of such advertisers on the Service.
20.
Others
This Agreement contains the entire
agreement between you and Anmol Gems with respect to your use of the Website
and / or the Service. If any provision of this Agreement is held to be invalid,
the remainder of this Agreement shall continue in full force and effect. You
are required to report any misuse or abuse of the site. If you notice any abuse
or misuse of the site or anything that is in violation of this Agreement, you
will immediately report such violation to Anmol Gems by writing to Customer Service.
Upon receiving such complaint, Anmol Gems may investigate such a complaint and,
if necessary, terminate the Member's membership responsible for such abuse or
misuse without any refund of subscription fee. Any false claim made by a member
will cause the member to be responsible for the termination of his or her
membership without any refund of the subscription fee.
Please contact
customer service with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.
Note: For customers, Anmol Gems is only
accounted for the orders or payments done through the Website, Account Number,
UPI, Google Pay mentioned on the website.