Term & Conditions
Welcome to Khatrigemstone.com. Khatri Gemstone & Rudraksha provides its services to you subject to the following terms & 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 Khatrigemstone.com at any time, effective upon posting on the Khatrigemstone.com website, and your use of the Website or the Service after such posting will constitute acceptance of you of such changes.
Electronic Agreement
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. By accessing the website 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.
Privacy
Your privacy is very important to us. Use of the Website and/or the Service is also governed by our Privacy Policy. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on the Website. Please review it to understand our practices. You agree to inform Khatrigemstone.com of your subsequent disability to enter into any contract. Subsequent, disability shall entitle Khatrigemstone.com to restrict/ change/ terminate this agreement at its own discretion.
Eligibility
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 Khatrigemstone.com members. Your use of the Khatrigemstone.com 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.
Non-Commercial Use
The Khatrigemstone.com Website is for the personal use of individual members, and cannot be used in connection with any commercial endeavors, unless registered and approved as an ‘Affiliate’ of Khatrigemstone.com.The commercial endeavors include providing links to other websites, whether deemed competitive to Khatrigemstone.com or otherwise. Illegal and/or unauthorized uses of the website, including unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Khatrigemstone.com shall be entitled to recover from you, your successors, heirs, assigns, etc. any profit, revenue, benefit, etc., which you have gained/ received, expected or going to receive with penalty @ 50% of such profit/ revenue/ benefit by unauthorized use of this site.
Privity Of Membership
Your Membership is only for personal use. It is not to be assigned, transferred or licensed so as to be used by any other person/entity. Members are advised to make appropriate thorough inquiries before acting upon any service advertisement. Our Website does not vouch for or subscribe to the claims and representations made by advertisers. Kindly note that your membership at Khatrigemstone.com is for your sole, personal use. You may not authorize others to use your membership and you may not assign or transfer your account to any other person or entity.
Term
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time by informing Khatrigemstone.com in writing to terminate your membership. If you terminate your subscription, you will not be entitled to a refund of any unutilized subscription fees or access to digital content or reports purchased through Khatrigemstone.com. We may terminate your membership and/or subscription by sending a notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Khatrigemstone.com. If Khatrigemstone.com terminates 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 termination of accounts shall be made at the sole discretion of Khatrigemstone.com. Khatrigemstone.com is not required to provide you notice prior to terminating your membership and/or subscription. Khatrigemstone.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Right To Form Consortium/Associates
While providing services, Khatrigemstone.com may outsource any part thereof to any competent person or organization, with or without disclosing it to you. However, your membership rights and responsibilities continue as against Khatrigemstone.com only and not against such persons or organizations.
Proprietary Rights
- Khatrigemstone.com owns and retains all proprietary rights in the Khatrigemstone.com website and the Khatrigemstone.com Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Khatrigemstone.com, 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 Khatrigemstone.com without refund of any of your unused Subscription fees.
- Reliance on Content, Advice, Opinions, statements, offers, or other information or content made available through the Khatrigemstone.com Service or the Khatrigemstone.com Website, but not directly by Khatrigemstone.com, are those of their respective authors, and should not necessarily be relied upon.
- guarantee the accuracy, completeness, or usefulness of any information on the Service
- 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 Khatrigemstone.com 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. Any advice, opinions, or other information or content provided directly by Khatrigemstone.com through the Advice Section, User Forum, or Community Forum should not necessarily be relied upon. We recommend you visit a certified professional for any such advice, option, or information. Under no circumstances will Khatrigemstone.com 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.
Such authors are solely responsible for such content. Khatrigemstone.com does not:
Content Posted By You
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or the Website, or transmit to other Members. You will not post or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually-oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading, or false information to the Company or to any other Member. If the information provided to Khatrigemstone.com, or another Member, subsequently becomes inaccurate, misleading, or false, you will promptly notify Khatrigemstone.com of such change. Khatrigemstone.com reserves the right to verify the authenticity of Content posted on the Site. In exercising this right, Khatrigemstone.com may ask you to provide any documentary or other form of evidence supporting the Content you post on the Site. If you fail to produce such evidence, Khatrigemstone.com may, in its sole discretion, terminate your Membership without a refund.
- You understand and agree that Khatrigemstone.com may review and delete any content, messages, photos, or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Khatrigemstone.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of either Khatrigemstone.com and/or its Members.
- By posting Content to any public area of Khatrigemstone.com, you automatically grant, and you represent and warrant that you have the right to grant, to Khatrigemstone.com, its affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information, and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Khatrigemstone.com will not infringe or violate the rights of any third party.
- that is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- 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
- You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk emails to other Members. Although Khatrigemstone.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
- All information you include in your Member profile must be accurate, current, and complete.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Khatrigemstone.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
Disclaimer Of Warranties And Limitation Of Liabilities
YOUR USE OF THE Khatrigemstone.com SERVICE IS AT YOUR SOLE RISK PLEASE NOTE THAT THIS CONTRACT STRICLY LIMITS OUR LIABILITY AND Khatrigemstone.com DOES NOT PROVIDE WARRANTIES FOR THE SERVICE. THE CONTRACT ALSO LIMITS YOUR REMEDIES
- Khatrigemstone.com 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 Khatrigemstone.com 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 (EVEN IF Khatrigemstone.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), 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, Khatrigemstone.com's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Khatrigemstone.com, FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Modifications To Service
Khatrigemstone.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Khatrigemstone.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Disputes And Applicable Law
You agree to indemnify and hold Khatrigemstone.com, 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.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Dealing With Advertisers
Any of your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Khatrigemstone.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Other
This Agreement contains the entire agreement between you and Khatrigemstone.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You are under an obligation 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 shall forthwith report such violation to Khatrigemstone.com by writing to Customer Care. On receipt of such complaint, Khatrigemstone.com may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse, or misuse without any refund of the subscription fee. Any false complaint made by a member shall make such Member liable for termination of his/ 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.