Welcome to Vijay Gems & Jewellery
The following are the terms and conditions of a legal agreement between you and VIJAY GEMS & JEWELLERY and its subsidiaries and affiliates (collectively, "VGAJ" "VG" "VK", "VIJAY GEMS & JEWELLERY" , "we", "us" or "our") .These below-mentioned terms and conditions are applicable to the VGAJ website located at www.vijaygems.in and all of our associated web sites linked to www.vijaygems.in by VGAJ as well as the services accessible there from (collectively, the "Site" or the "Web Site"). Please read these terms and conditions (the "T&C") carefully. You agree unconditionally to be bound by these T&C by viewing, accessing or in any manner using the Web Site. These T&C constitute an agreement between you and VGAJ and govern your use of, and any purchase from, the Site. VGAJ reserves the right to change or modify any of these T&C or any policy or guideline of the Web Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of their visions on the Web Site. Your use of the Site after the posting of changes or modifications to the T&C will constitute your acceptance of such changes or modifications. Hence, you need to frequently review these T&C and any other applicable policies from time-to-time to understand the T&C that apply to your use of the Site. The access and use of this Web Site is provided to you on the condition that you accept the T&C in their entirety without modifications or reservation of any kind. Use of the Web Site is undertaken at your own risk. IF YOU DO NOT AGREE WITH THE T&C OR ANY PART THEREOF, OR DO NOT WISH TO BEBOUND BY THEM, PLEASE DO NOT USE OR ACCESS THE WEB SITE OR DOWNLOAD MATERIALS FROM THE WEB SITE.
Our objective is to provide you with details and information about VGAJ products so that you can see their beauty and shape in line with the industry standards and regulations. We provide the dimensions of our products based on our manufacturing specifications and slight tolerances may be accounted for based on finishing during the manufacturing process. In order to give our customers the opportunity to view our products in detail, some items may appear smaller or larger than their actual size in our site images; and colour and size may also vary depending on individual monitor type and settings. VGAJ makes every attempt to ensure that information made available on the Site is as complete and accurate as possible. However, the Site may contain inaccuracies or errors, including, without limitation, technical inaccuracies and typographical errors. VGAJ reserves the right to correct any errors, inaccuracies or omissions, although VGAJ will not have an obligation to make any such corrections, and VGAJ reserves the right to change or update information contained in the Site at any time without prior notice to you. Without limitation of any other provisions of these T&C, VGAJ shall not be liable to you for any inaccuracies or errors contained on the Site.
All content and other materials on the Site, including, without limitation, the site in whole, the VGAJ logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Contents") are the proprietary property of VGAJ and/or its supplier or licensors and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as may otherwise be expressly provided in these T&C or on the Site, you may not copy, imitate, use, download, modify, publish, transmit, retransmit, transfer, sell, license, reproduce, create derivative works from, distribute, perform, display, rearrange, redistribute, alter, crop, re-size, reverse engineer, move, remove, delete or in any way exploit or make commercial use of, any of the Site Contents, in whole or in part, directly or indirectly, without the prior written consent of VGAJ in each instance or unless any such restriction(s) on use of the Site Contents is prohibited by applicable law. The Web Site may contain facts, views, opinions and statements of third parties, visitors and other organizations. VGAJ does not represent or endorse the accuracy or reliability of any advice, facts, views, opinions, statements or other information displayed or distributed through the Web Site. You acknowledge that any reliance upon any such advice, facts, views, opinions, statements or other information shall be at your sole risk and you agree that VGAJ shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, facts, views, opinions, statements or other information displayed or distributed on the Web Site.
VGAJ, VK, VG, the VGAJ logos, and any other product or service name, design or slogan contained on the Site are trademarks of VGAJ and its suppliers or licensors, and cannot be imitated, copied or used, in whole or in part, without the prior express written permission of VGAJ or the applicable rights holder. All non-VGAJ trademarks, service marks, product names and other names or logos mentioned on the Site are the property of their respective owners. All other material appearing on the Web Site are copyrighted and/or subject to other laws and all rights therein are reserved. You cannot use any hidden texts or metatags incorporating "VGAJ" or any other name, trademark or product or service name of VGAJ without our prior written permission. The use (except as may be expressly authorized in writing) or misuse of any trademarks, trade names or logos from the Site is strictly prohibited. Further, without limiting the fore going and for the avoidance of doubt, you must abide by all additional copyright notices, trademark notices and other restrictions contained or posted on the Site.
At VGAJ, we only purchase rough and polished diamonds through the renowned and largest suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an international system that polices the trade of diamonds to ensure they are from sources free of conflict.
All our prices are subject to change without prior notice. All prices are tentative and indicative only until the order is confirmed and accepted by us. All the prices will be expressed in INR, unless otherwise specifically stated and will be exclusive of any duties, taxes, shipment charges, insurance, bank charges or any other charges. We apologize for any inconvenience that this may cause. Sometimes the data, including the price relating a diamond, may be displayed on our Web Site inaccurately due to typographical or system errors. We reserve the right to correct any and all such errors as and when they come to our notice. We do not honour orders which are placed based on such erroneous prices. If a product's listed price is lower than its actual price, we reserve the right, to contact you to update you with the correct information before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to return the product or pay the difference between the actual and charged prices. If you have any questions, please do not hesitate to contact your relationship manager at VGAJ or our customer helpdesk at firstname.lastname@example.org. If you're interested in jewellery that are currently out-of-stock, call your relationship manager at VGAJ for an update on when the item will be available in stock. It may also happen that an item may go out of stock before we are able to post a notification on the Site. In such an event, we will contact you directly to discuss available options. In the event there is a separate written agreement between you and VGAJ concerning your ordering of products from VGAJ (a "Separate Agreement"), then unless otherwise stated in the Separate Agreement, in the event of any conflict between the Separate Agreement and these T&C, these T&C shall control, for orders made through this website.
VGAJ ships all certified diamonds to you with the accompanying diamond grading report (also called a diamond certificate). These certificates are detailed reports provided by diamond grading experts at any of the highly-respected diamond laboratories - making it very expensive to replace a certificate. Hence any Diamond will not be accepted back as a return by VGAJ if the same is not accompanied by its original diamond certificate.
All your business dealings or communications with, or participation in promotions of, advertisers other than VGAJ on the Site, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. VGAJ is neither liable nor responsible for any damage or loss of any type caused as a result of any such dealings or as the result of the presence of such non-VGAJ advertisers on our Site.
We do not solicit nor do we wish to receive any confidential, proprietary or trade secret information or other material from you through the Site or our mail and e-mail addresses, or in any other way. Please note that all materials submitted by you to VGAJ, including but not restricted to questions, comments, suggestions, ideas, plans, notes, original or creative materials or other information, regarding the Site, VGAJ, or our products or services, will be considered non-sensitive and non-confidential and shall become the sole property of VGAJ upon its submission. VGAJ shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Further you acknowledge and warrant that (a) the content is accurate and not misleading; (b) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity. You grant VGAJ and its affiliates and sub-licensees the absolute and unqualified right to use the name that you submit in connection with such content, if they choose.
You are granted a personal, limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non- commercial and personal use only. Such license is subject to these T&C and does not include:
Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of VGAJ, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these T&C shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. This license is revocable at any time. You are responsible for maintaining the confidentiality of your password and any account information. You agree to immediately notify VGAJ of any unauthorized use of your password or other account information and further agree to indemnify and hold the VGAJ harmless for any improper or illegal use of your password. Any e-mail or other communication requesting your password, asking you to provide sensitive account information via email, should be treated as unauthorized and suspicious and should be reported to VGAJ immediately.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, VGAJ has adopted a policy of terminating and barring, in appropriate circumstances and at VGAJ's sole discretion, site users or account holders who are deemed to be repeat infringers. VGAJ may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe in good faith that any Site Contents infringe on your copyright, you (or your agent) may send VGAJ a notice, in accordance with the requirements set forth in the DMCA, requesting that we remove or block access to the infringing Site Contents, which notice shall include the following information:
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send VGAJ a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter notices should be sent to email@example.com
VGAJ may use techniques to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you are suspected of fraud or other breach of these T&C, VGAJ may, in its sole discretion, declare you to be in breach of these T&C, suspend your use of the Site, terminate your use of the Site and/or seek prosecution against you to the fullest extent of the law.
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD VGAJ, ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS AND LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES (COLLECTIVELY, "INDEMNITEES"), HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES) ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SITE; (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS T&C BY YOU; (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST ANY INDEMNITEE ARISING OUT OF YOUR USE OF THE SITE AND/OR CONTENT; (D) ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT; (E) YOUR INFRINGEMENT OR VIOLATION OF ANY LAWS, REGULATIONS, RESTRICTIONS OR RULES APPLICABLE TO THE SITE AND/OR THE SITE CONTENTS; AND/OR (F) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
Without limiting any of the other representations and warranties made by you in these T&C, you represent and warrant that you will: (a) comply with all laws, rules and other regulations applicable in connection with the Site; (b) not interfere or disrupt networks connected to the Site; (c) not use the Site to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) not use or transmit through the Site any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; and (e) not interfere with another user''s use and enjoyment of the Site.
EXCEPT AS MAY BE PROVIDED TO THE CONTRARY IN A WRITING BY VGAJ, YOUR USE AND BROWSING OF, AND ANY RELIANCE BY YOU UPON, THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH THE T&C, OR ANY PORTION THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, SOFTWARE, DOCUMENTS AND MATERIAL ACCESSIBLE FROM THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF VGAJ HAS BEEN MADE AWARE OF SUCH PURPOSE), TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. VGAJ DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. VGAJ DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, VGAJ DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SITE BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VGAJ OR AN AUTHORIZED REPRESENTATIVE OF VGAJ SHALL CREATE A WARRANTY.
IN NO EVENT SHALL VGAJ, ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS AND LICENSORS OR THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, OR FOR ANY LOSSES OR EXPENSES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), INJURY OR DAMAGES CAUSED BY ANY CONTENT, DOCUMENTS, SOFTWARE, MATERIALS OR INFORMATION RECEIVED FROM OR THROUGH THE USE OF THE SITE, ANY EMAIL DISTRIBUTED TO ANY USER OR ANYTHIRD PARTY SITES OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM VGAJ, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO VGAJ'S RECORDS, PROGRAMS OR SERVICES, EVEN IF AN INDEMNITEE, IS ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.
You specifically acknowledge and agree that the Indemnities are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while VGAJ intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, VGAJ does not warrant, guarantee or make any representations that the Site, or any Site Contents, shall be available for downloading, or will be free of viruses, spyware or destructive materials and the Indemnities shall not be liable, for any viruses, spyware or other destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing of, the Site or the server that makes it available, or your uploading of any content to the Site.
These T&C shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You may not assign or otherwise transfer by operation of law or otherwise, these T&C or any rights or obligations herein. These T&C and your use of the Site will be governed by and construed in accordance with the laws of India, applicable to agreements made and to be entirely performed within India, without resort to its conflict of law provisions. You agree that the Courts of Bengaluru alone and no other courts shall have the jurisdiction to entertain and try any action at law or in equity arising out of or relating to these T&C shall be filed only in the courts located in India and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of the Site, any purchase from this site, or these T&C.
You agree that VGAJ may modify these T&C and any other policies on our Site at any time and that posting the modified T&C or policies on our Site will constitute sufficient notice of such modification.
Notwithstanding any of these T&C, VGAJ reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site. VGAJ may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Site Contents, without prior notice or liability to you. ONCE ACCESS TO THE SITE IS RESTRICTED, SUSPENDED OR TERMINATED, ANY DATA STORED ON THE SITE MAY NOT BE RETRIEVED.
These T&C constitute the entire agreement between you and VGAJ relating to the subject matter hereof and shall not be amended, modified or revised by you. If any provision of these T&C shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these T&C and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions, please do not hesitate to contact your relationship manager at VGAJ or our customer helpdesk at firstname.lastname@example.org. IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS AND CONDITIONS OF THESE T&C OR ARE NOT AUTHORIZED TO AGREE TO THESE T&C, PLEASE EXIT THE SITE.