Terms & Conditions
Terms & Conditions and User Agreement for transacting at and/or dealing with the Website House of Hue at https://www.houseofhue.in/
- This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- The Website is operated by PAN GEMS LLP, a limited liability partnership established under the laws of India, having its office at 307, Mehta Bhavan, 311, R R M Roy Road, Opera House Mumbai Maharashtra 400004 hereinafter referred to as “PAN GEMS” or “We / our / us” (which expression shall, unless it be repugnant to the context or meaning thereof, include its successors and assigns).
- Subject to the terms and conditions of this Agreement (as defined hereinafter), PAN GEMS shall promote, market and sell through the Website jewellery, diamond studded jewellery and related articles/products (“Products”).
- The User's use of the Website and/or Products is subject to the additional disclaimers and caveats that may appear throughout the PAN GEMS assumes no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User takes based on the information, Products, and other materials on this Website. While PAN GEMS strives to keep the information relating to the various Products offered on this Website accurate, complete and up-to-date, we cannot guarantee, and will not be responsible for any liabilities, damage and/or loss related to, the accuracy, completeness or timeliness of the information.
- We may change, suspend and/or discontinue Products at any time. We may also impose limits on certain transactions on the Website and/or restrict the User's access to parts and/or all of the Products and Website without notice and/or liability to the Users.
- All kind of correspondence should be addressed to PAN GEMS’s office address as given above.
II. TERMS AND CONDITIONS
The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
“Acceptance” shall have the meaning ascribed to it in Recital I (5).
“Intellectual Property Rights” shall have the meaning ascribed to it in Clause 4.1(a).
“Marks” shall have the meaning ascribed to it in Clause 4.1(e).
“Products” shall have the meaning ascribed to it in Recital I (4).
“Shipping, Cancellations, Returns and Exchange Policy” shall have the meaning ascribed to it in Clause 9.
“Third Party Content” shall have the meaning ascribed to it in Clause 5.1.
“User” shall mean any person that visits, uses, deals with and/or transacts on the Website in any way. Any references herein to 'you' and 'your' shall mean the User.
“User Content” shall have the meaning ascribed to it in Clause 5.3
“Website” shall have the meaning ascribed to it in Recital I (3).
“Web Links” shall have the meaning ascribed to it in Clause 13.
In this Agreement, ‘PAN GEMS’ and the ‘User’ have been collectively referred to as “Parties” and individually as “Party”.
2.1 The User hereby represents and warrants that the User is at least Eighteen (18) years of age and the User’s visit, access, dealing and/or transaction at the Website shall be treated as the User’s representation that the User is competent to enter into legal contracts under applicable law including the Indian Contract Act, 1872.
2.2 If the User is accessing the Website, the User further warrants that the User has legal authority to enter into legally binding agreements for the same. The User agrees to be financially or otherwise responsible for all of the User’s use and access of the Website (as well as for use of the User’s account by others). The User also warrants that all information supplied by the User in accessing the Website, including without limitation the User’s Content, the User’s name, email address, street address, telephone number, mobile number, credit/debit card number and other payment details and any other information including sensitive personal data and information is correct and accurate. Failure to provide accurate information may subject the User to civil and criminal penalties including termination of account from the Website either temporarily or permanently or removal of inaccurate or false information. This Agreement and/or any of the provision is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions. The User acknowledges and agrees that PAN GEMS shall have the right and is obligated under applicable laws to retain the information for the purpose of selling the Products through the Website and/or providing the access to the Website for a period of at least 180 (one hundred eighty) days after cancellation or withdrawal of registration on the Website and/or till such time as may be required under law and/or by an order of any relevant authority.
2.3 The User acknowledges and agrees that PAN GEMS has the right to terminate your access and usage rights to the Website including removal of non-compliant information in the case of your non-compliance with any provision of this Agreement.
Amendment of Terms
PAN GEMS is entitled to amend these terms anytime without any prior intimation to anybody and simply by way of notification on the Website. Such a notification shall serve as information to the User. The User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this Agreement as amended by us from time to time. Use of the Website by the User following such notification constitutes the User’s acceptance of the terms and conditions of this Agreement as modified.
4.1 The User acknowledges and agrees that PAN GEMS retains all right, title, ownership and interest in and to the Website, all data and information, content, articles, material, text, literature, images, illustrations, photographs, videos, clippings, graphics, scripts, page headers, sounds, music, interactive features, the selection and arrangement of elements, the compilation, layout, design, software, domain name, business process, procedures, in any form whatsoever including but not limited to, print, writing, oral, electronic, digital/IT enabled, in machine readable and/or in any other form, and all patent rights, copyright rights, trademark rights, service mark rights, trade secret rights and other intellectual property rights therein recognized anywhere in the world (“Intellectual Property”), other than ownership rights in the Third Party Content or User Content. All use of such rights, including the Intellectual Property, in any manner, medium or mode shall perpetually and throughout the world legally vest in PAN GEMS at all times.
4.2 All Intellectual Property of PAN GEMS is a valuable asset of PAN GEMS, and the User agrees to protect, preserve and maintain confidentiality of the same. The User acknowledges that any unauthorized dissemination of the Intellectual Property of PAN GEMS would destroy or diminish its value and cause irreparable harm and loss to PAN GEMS, and that monetary damages will be inadequate to compensate PAN GEMS for any breach thereof. The User, therefore, agrees that PAN GEMS shall, in addition to its rights in law and equity including to its right to claim damages, have the right to seek immediate injunctive relief and specific performance to enforce the obligations contained herein.
4.3 The Website is protected by copyright as a collective work and/or compilation, pursuant to the Copyright Act, 1957, international conventions, and other worldwide copyright laws. The User is not authorized to reproduce, republish, distribute, transmit, modify, edit, sell, transfer, license, translate, communicate, publish, use or exploit the Website and/or any information in any manner whatsoever or create derivative works based on it, in whole or in part, without PAN GEMS’s express written authorization, which PAN GEMS is under no obligation to grant.
4.4 Any logo, trademark, brand name, service mark, trade name, slogan, and other indicia, whether registered or not (“Marks”) that appear on or in connection with the Website is the intellectual property of PAN GEMS. PAN GEMS expressly reserves all rights therein and the User agrees not to display, use or exploit the same in any manner whatsoever. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and to the Marks.
4.5 The User’s misuse of the Website and/or its Marks, is strictly prohibited. The User is advised that PAN GEMS will aggressively enforce its right in the Intellectual Property and the contents of the Website to the fullest extent permissible by law, including by seeking appropriate remedies including criminal sanctions solely at the User’s risk as to costs and consequences thereof. PAN GEMS has all the rights to disable or prohibit access to the Users who do not abide by these terms and involve themselves in the infringement of the Intellectual Property. A failure or refusal to enforce these rights by PAN GEMS in specific instances is not an indication of the waiver of such rights.
Third Party Content and User Content
5.1 The User hereby acknowledges that there may be publishers, advertisement agencies, other corporates, persons and legal entities who may upload third party trademarks, logos, photographs, images, content, products and/or services for promotions and other intellectual property rights on the Website (“Third Party Content”). PAN GEMS shall not be responsible and/or liable for any such Third Party Content.
5.2 The User hereby agrees and acknowledges that the Third Party Content are the properties of the respective third parties and the same may be protected by applicable copyright, trademark or other intellectual property laws and treaties and each such third party expressly reserves all the rights to such intellectual property. PAN GEMS does not solicit and/or recommend such Third Party Content to be used by the Users for making any decision by the Users.
5.3 The Users shall be uploading data and other information including sensitive personal data and information for registration purpose and/or for fulfilment of the orders placed through the Website (“User Content”). The User hereby represents and warrants that the User Content is owned by such User, or the User has the license to use such User Content and upload the same on the Website. Further, User uploading such User Content hereby acknowledges that the same is being done at the sole discretion and risk of the User and if such User Content is collected by a third party using the Website which is misused or results in unsolicited messages from such third parties, then such actions would be beyond the control of PAN GEMS and PAN GEMS accepts no responsibility or liability whatsoever for such actions.
5.4 PAN GEMS shall have the right to scan, filter, block and verify the Third Party Content and User Content for reasons including, but not limited to, the threat of virus, bugs and other such software malware and retains the right to remove any Third Party Content and/or User Content at its sole discretion.
5.5 The User is hereby informed that you may not host, display, upload, modify, publish, transmit, store, update or share any information that:
(a) belongs to another person and to which the User does not have any right;
(b) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(c) is harmful to child;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(g) impersonates another person;
(h) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
(i) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
5.6 The User acknowledges and accepts that PAN GEMS has the right to disable access to, or remove any content that is in violation of Clause 5.5 above, and has the right to terminate the access or usage rights for Users dealing in such content. Such content may be retained by us for compliance with applicable laws and in accordance with applicable laws.
5.7 Certain elements of the Website may contain material submitted by other Users and/or third parties. PAN GEMS disclaims its responsibility for the content, accuracy, conformity to applicable laws of such material including advertising material forming part of the Website. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable laws is exclusively on the advertisers and third parties and PAN GEMS will not be responsible for any claim, error, omission and/or inaccuracy arising out of or in relation to such material. PAN GEMS reserves the right to omit, suspend and/or change the position of any material submitted for insertion on the Website. Acceptance of advertisements on the Website shall be subject to PAN GEMS’s terms and conditions applicable to advertisements.
5.8 The User shall abide by all copyright notices, intellectual property rights, information and restrictions contained in any content accessed through the Website.
5.9 PAN GEMS shall have the right to not host, store or publish any unlawful information and/or forthwith remove the same which is prohibited under any applicable laws in relation to sovereignty and integrity of India, security of India, friendly relations with foreign states, public order, decency, morality, contempt of court, defamation, incitement to any of the aforesaid offences, or any other information which is prohibited under any law. PAN GEMS shall also remove any of the aforementioned information on receipt of any order of Court of competent jurisdiction or being notified by appropriate government or its agencies.
Further, PAN GEMS shall provide information in its possession of any User and/or third parties if required pursuant to any written order from any government agency which clearly sets out the purpose of seeking such information in accordance with applicable laws.
PAN GEMS shall also report cyber security incidents and share related information in accordance with the policies and procedures as set out under applicable laws.
6.1 The User shall be entitled to use the Website for any purpose set out therein after getting registered on the Website and after furnishing all relevant information relating to the User as sought on the Website. The User shall be solely responsible for maintaining and preserving the confidentiality of your User ID and password.
6.2 The User shall be solely responsible for the accuracy and correctness of all such detail/information given by the User during registration. PAN GEMS may at its sole discretion verify those details, if it deems fit. If PAN GEMS has reason to doubt the correctness and/or authenticity of any detail/information furnished by the User or in case any information furnished by the User is found incorrect, false or misleading then PAN GEMS shall be entitled to cancel or suspend the registration of the User permanently or for such period as PAN GEMS deems fit.
6.3 The User hereby grants PAN GEMS the right to use the information the User supplies to us for the purpose of the access and use of the Website and conducting background and credit check wherever deemed necessary. The User hereby agrees to grant PAN GEMS a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license and right to exercise the copyright, publicity, and database rights the User has in this information, in any media now or in future known, with respect to the User’s information.
6.4 The User confirms that PAN GEMS shall not be responsible for:
(a) Any deficiency in serving the User for reasons which are attributable to the User.
(b) Any loss and/or damage that may be caused to the User due to incorrect, incomplete and/or false information furnished by the User.
(c) Any technical or non-technical payment related snags which the User may face through the use of the third-party payment gateways as provided by PAN GEMS on the Website.
6.5 The User shall be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to PAN GEMS.
6.6 The User accepts and acknowledges that PAN GEMS shall retain the information provided by you at the time of registration even after your access to the Website has been cancelled or withdrawn, in compliance with any order of the relevant authority and/or as may be required under any applicable laws.
Representation, Warranties, Acknowledgement, Covenants, Undertakings And Obligations
7.1 The User represents and warrants that the User has the legal capacity and authority to enter into this Agreement, register on the Website and that the User is the owner and/or is authorized to share the information the User gives on the Websitel. The User confirms that the information is correct, complete, accurate, not misleading, does not violate any statutory enactment, notification, order, circular, policy, rules and regulations, is not injurious to any person and/or property.
7.2 The User acknowledges and understands that PAN GEMS does not have any control on accuracy of information/detail submitted by anybody on the Website and therefore agrees that PAN GEMS shall not be responsible for any liabilities, loss, damage, cost, expenses, etc. due to inaccuracy of any detail/information submitted by the User or anybody else on the Website.
7.3 The User represents, warrants and covenants that information submitted by the User including User Content:
(a) is correct, complete, relevant and accurate;
(b) is not fraudulent;
(c) does not and shall not infringe any third party’s intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy;
(d) shall not be defamatory, libellous, unlawfully threatening and/or unlawfully harassing;
(e) shall not be indecent, obscene and/or contain pornography and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority;
(f) shall not be seditious, offensive, abusive, liable to incite racial and/or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience;
(g) does not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law;
(h) shall not be or include material that is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(i) shall not create liability and/or claims for PAN GEMS;
(j) shall not be in the nature of political campaigning, commercial solicitation, chain letters, mass mailings and/or any form of ‘spam’;
(k) shall not be illegal in any other way.
7.4 PAN GEMS reserves the right to remove and/or edit any detail/information that PAN GEMS in its sole discretion deems appropriate The User confirms that you shall abide by all notices and all the terms and conditions (as updated from time to time) contained and mentioned herein.
7.5 The User undertakes and confirms that the User shall not use the Website and/or materials therein for any purpose that is unlawful and/or prohibited by the terms of this Agreement and/or under any applicable laws, rulings, notifications, orders of any court or statutory authority.
7.6 The User shall not use the Website and/or materials therein in any manner which could damage, disable, overburden and/or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with another User’s use and enjoyment of the Website and/or services therein.
7.7 The User shall not attempt to gain unauthorized access to the Website, other users’ account(s), computer systems and/or networks connected to the Website through hacking, password mining and/or any other means. The User shall not attempt to obtain any materials or information through any means not intentionally made available to the User through the Website.
7.8 PAN GEMS shall not be responsible and/or liable for any claims, losses and/or damages accruing to or affecting the User, as a result of: (i) engaging with any third party, including advertisers; and/or (ii) any defects/deficiencies in the services provided by any third party, including advertisers; and/or (iii) any claims/actions (including consumer claims) arising thereto; and/or (iv) any violation by the Users of the rights of third party’s and other Users, including without limitation, infringement of copyright, trademark, service mark, patent, trade secret, privacy or other intellectual property or proprietary right or misappropriation of any property. Advertisement/advice (if any) received via the Website should not be relied upon for personal, legal and/or financial decisions and the User should consult an appropriate professional for specific advice tailored to your situation.
7.9 The User agrees that PAN GEMS is not liable, financially or otherwise, for any consequences suffered by actions including, but not limited to, the sharing of personal data during the User’s interactions with third parties or other Users of the Website.
7.10 The User shall be solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website, including, without limitation, modems, hardware, software, and long distance or local telephone service. The User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Website.
Payment and Refund Terms
8.1 All prices displayed on the Website are inclusive of applicable shipping charges and exclusive of all taxes.
8.2 Users may pay for the Products on the Website via any of the following modes:
(a) Net Banking;
(c) Credit or Debit Cards;
(d) Any other payments options and payment wallets
8.3 PAN GEMS shall not accept payments in cash for any Products purchased on the Website.
8.4 Products shall not be packed and/or shipped to the User until PAN GEMS has received confirmation and payment for the Products.
8.5 Refunds, if any, shall be made only to the mode used for making the payment for the relevant Product/s on the Website.
8.6 The User shall be entitled to use User’s valid credit/debit cards, online/net banking facility, tele banking facility to make payment towards Products purchased through the Website. The User shall be bound to use User’s own credit/debit cards, online banking accounts to make any payment. The User undertakes and confirms that you would furnish correct, complete and accurate detail of credit/debit cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which the User may suffer due to furnishing of wrong detail/information relating to your credit/debit cards or online banking accounts.
8.7 PAN GEMS confirms that the details provided by the User in this regard shall be kept confidential and shall not be disclosed to any third-party except to the extent required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement and/or relating to provision of services by PAN GEMS. The details provided by the User shall be retained after your access to Website has been cancelled or withdrawn, in compliance with the applicable laws.
8.8 Subject to any conditions as set out under the Agreement, the User hereby acknowledges that all payments made by the User to PAN GEMS shall be strictly on a non-refundable basis.
Shipping, Cancellations, Returns and Exchange Policy
9.1 Products on the Website may be shipped pan-India subject to applicable shipping costs as borne by the User. This may take upto 5-7 working days after the order has been placed.
9.2 The User shall not be entitled to cancel any order placed through the Website once such order has been confirmed by PAN GEMS via e-mail. In case of any cancellations before such confirmation is received, PAN GEMS shall refund the amount received under such order to the original method of payment within 15 (Fifteen) business days, subject to the deduction of a cancellation fee that shall commensurate to the costs actually incurred by PAN GEMS.
9.3 The User acknowledges that PAN GEMS is entitled to cancel any order placed through the Website unilaterally and without assigning any reasons thereto. In case of such cancellation, PAN GEMS shall refund the amount received under such order to the original method of payment within 15 (Fifteen) business days.
9.4 Any Product purchased from the Website may be returned only under the following conditions:
(a) the Product is damaged and/or defective; or
(b) the Product received is different from the Product that was ordered.
9.5 The User shall ensure that he/she does not accept the delivery of any Product whose original packaging is damaged or tampered in any manner.
9.6 In the event the User, on removing the packaging of the Product, finds the Product is damaged and/or defective and/or is different from the Product that was ordered, the User shall immediately intimate PAN GEMS at firstname.lastname@example.org about such damage and/or defect and/or difference, but in any case, no later than 48 (fourty eight) hours of the delivery of the Product, along with relevant photographs. PAN GEMS shall, at its discretion, arrange for the replacement of the Product or refund the price of the Product along with shipping charges, if the Product is not available.
9.7 PAN GEMS shall not offer any buy-back for the Products sold through the Website.
9.8 It is expressly clarified that PAN GEMS does not provide any warranties with respect to the fitness, merchantability, availability, quality, performance or suitability of the Products for a specific purpose and expressly waives any and all implied warranties with respect to the Products, subject to applicable law.
9.9 Any questions, comments, or grievances with respect to the above may be sent to PAN GEMS’s customer care at [email@example.com].
9.10 The aforesaid terms and conditions shall be referred to as the “Shipping, Cancellations, Returns and Exchange Policy”.
PAN GEMS shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any liabilities, loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason thereof if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein. PAN GEMS shall inform about occurrence of Force Majeure Event through notice on the Website to the best extent possible. During the continuation of Force Majeure Event, the obligations of PAN GEMS under the Agreement shall stand suspended till ceasing of the Force Majeure Event. PAN GEMS shall make its best endeavours to resolve any issues in regard to Force Majeure Event at the earliest and keep the Users updated on the same through notification on the Website.
A “Force Majeure Event” means any event due to any cause beyond the reasonable control of PAN GEMS, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of its facilities, riots, insurrection, terrorist attack, hostilities whether war be declared or not, acts of government, governmental orders or restrictions, pandemics, epidemics, breakdown and/or irregularities in networks, bugs, viruses, breakdown of software, malfunction of Website, breakdown of manufacturing unit, warehouses, transport strikes and hacking of the Website.
11.1 The Products comprise of jewellery made from natural diamonds that have been treated using various colours in our endeavour to ensure that each Product is unique. The pictures of the Product posted on the Website are for representation and marketing purposes only, and the actual Product may vary from the pictures on the Website. The User acknowledges that this discrepancy does not inherently indicate a Product defect.
11.2 The User hereby acknowledges that PAN GEMS shall not be responsible for:
(a) any discrepancies in the Product description arising from factors like photography angles, not attributable to defects in the Products;
(b) any health issues that arise from use of the Products;
(c) any discolouration and wear and tear of the Products over time.
11.3 In case of any adverse effects arising from the use of Products, PAN GEMS recommends that you immediately discontinue use of the Products and seek appropriate professional advice.
11.4 The Products shall be delivered in an envelope in a box along with a certificate of authenticity for the 925 sterling silver and diamonds comprising the Product. The User acknowledges that PAN GEMS is not responsible for any losses, financial or otherwise, from the non-acceptance by a downstream purchaser of the certificate provided by PAN GEMS, and disclaims PAN GEMS from any liability arising therefrom subject to applicable law.
11.5 The User acknowledges that PAN GEMS has no control over and no duty to take any action regarding (i) the User gaining access to the Website and/or its content; (ii) what effect the Website and/or its content may have on the User and/or any third-party; (iii) how the User may interpret or use the Website and/or its content; (iv) what actions the User may take as a result of having been exposed to the Website and/or its content The User assumes full responsibility for the actions taken before, during, and after accessing the Website, and their consequences, and releases PAN GEMS from all liability whether financial or otherwise for the User having accessed the Website and/or its content.
11.6 PAN GEMS provides access to the Website on an ‘as is’ and ‘as available’ basis. Neither does PAN GEMS nor do any third parties (except as expressly stated by such third party), provide any warranty or guarantee, express or implied, as to the accuracy, fitness, merchantability, availability, quality, performance, completeness or suitability of the Website and/or its content, for any specific purpose PAN GEMS expressly disclaims any warranty as to any specific outcomes from the use of the Website. The User acknowledges that the Website and/or its content may contain inaccuracies or errors and PAN GEMS expressly excludes liability whether financial or otherwise for any such inaccuracies or errors to the fullest extent permitted by law.
11.7 Although PAN GEMS has taken adequate safeguards, PAN GEMS makes no guarantee of confidentiality and/or privacy of any User communication or information transmitted on the Website and/or on any website linked to the Website. The User uses this Website and/or on any website linked to the Website at his/her/its own risk.
11.8 The Website and/or its content may contain views, opinions and recommendations, Third Party Content, User Content, advertisers, third-party information providers and organizations. The Website does not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability or validity of any such information displayed, uploaded, distributed, posted, emailed, transmitted or otherwise contributed through the Website by anybody other than PAN GEMS. PAN GEMS assumes no responsibility to keep the content current, complete, up-to-date, valid, or accurate. PAN GEMS shall not be responsible in any manner whatsoever whether financially or otherwise for any errors and omissions in the materials and/or content even if such errors or omissions are due to negligence. The User acknowledges that any reliance upon any such view, opinion, advice, recommendation or information, User Content, Third Party Content shall be at the User’s sole risk.
11.9 PAN GEMS does not warrant the accuracy, reliability, credibility or completeness of the Website and/or its content. PAN GEMS makes no warranty that its Website and/or its content are appropriate or available for use in all locations. Those who access the Website and/or its content from territories other than India shall do so at their own risk and hereby unconditionally represent and undertake that they are responsible for full compliance with their local laws and the applicable laws of India.
11.10 The User shall be solely responsible to maintain the confidentiality and security of his/her/its account, User ID, password, login credentials and PAN GEMS shall not be responsible for any losses arising out of the unauthorized access and/or use of the User’s account as a result of the User not following the terms and conditions stated herein.
11.11 PAN GEMS shall be under no liability whether financial or otherwise of any nature whatsoever in respect of any loss, damage, claim or fraud suffered directly or indirectly by the User as a result of the User viewing, accessing, visiting and/or otherwise using the Website.
11.12 The User expressly understands and agrees that PAN GEMS shall not be liable to the User for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
(a) the User’s use or inability to use the Website;
(b) the User’s inability to access Products which have been removed, or to which access has been disabled by PAN GEMS for any reasons whatsoever, including but not limited to for reasons of compliance with applicable laws, requests by Government agencies, and court orders.
(c) any changes made to the Website;
(d) temporary or permanent cessation of the Website, Products, PAN GEMS’s business or any part thereof;
(e) any unauthorized access to or alteration of the User transmissions or data, if any;
(f) statements or conduct of any third-party on the Website; and
(g) any fraud, security breach, misconduct or negligence by any third parties and/or advertisers and/or service providers.
11.13 PAN GEMS does not warrant that access and use of its Website and/or its content will be uninterrupted, timely, secure and error-free since the same could be affected by overload/breakdown of receiving network, servers or applications; system failures; and frauds out of PAN GEMS’s control. PAN GEMS shall not be liable for any loss or damage whether financial or otherwise caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the User’s device, programs, data or other proprietary material due to use of the Website.
11.14 PAN GEMS is not responsible for the availability or content of any third-party material you access through the Website. PAN GEMS does not endorse and is not responsible or liable for any content, advertising, products, services or information of or relating to a third-party (including payment for and delivery of such products or services). PAN GEMS shall not be responsible for any damage, loss or offence caused by or, in connection with, any content, material, advertising, products, services or information of any third-party that may be available on the Website. Any terms, conditions, warranties or representations associated with such dealings, are solely between the User and the relevant provider of the service and the User agrees to indemnify PAN GEMS for any claims arising thereto.
11.15 PAN GEMS shall not be responsible and/or liable whether financially or otherwise in any manner whatsoever for any third-party action which results in the information provided by the User being exposed and/or misused by such third-party who accessed such information without any authorization from PAN GEMS.
11.16 PAN GEMS may use a third-party as a payment gateway, information regarding which may be accessed at https://www.cashfree.com/tnc/. By accessing and/or using PAN GEMS’s Website, the User expressly authorizes a third-party payment gateway to charge the User’s credit card/debit card and/or bank account. PAN GEMS disclaims any and all liability accruing to the User as a result of any fraud, misuse and/or duplicate transactions arising thereto.
11.17 PAN GEMS neither warrants nor represents that use of the Website by the User will not infringe the rights of third parties not owned by or affiliated with PAN GEMS.
11.18 There may be delay in provision of services due to factors beyond the reasonable control of PAN GEMS and therefore PAN GEMS shall not be held responsible and liable for any delay and/or failure in performance of services by PAN GEMS due to such factors. The Website may be subject to changes and/or improvements periodically. During the process of up-gradation, repair, maintenance and/or improvements, contents/systems/programs/software may be suspended for any use. PAN GEMS shall not be liable for any inconvenience, loss, damage, cost, expenses which may be incurred by the User due to unavailability of the Website for any use. PAN GEMS does not warrant that the software will work on all networks and/or will be available in all geographical areas.
Personal, Non-Commercial and Non-Assignable Use
By registering on the Website the User confirms that use of the Website shall be for his/her personal and/or non-commercial purpose (as may be applicable). The User confirms that the User’s right to access, use, deal with or transact at the Website cannot be assigned to any other person and custody of the User ID and password to access, deal with or transact at the Website shall be the sole responsibility of the User and the User shall be responsible and liable for any misuse of the User ID and password assigned to the User by PAN GEMS.
Links to other Websites
The Website may contain hyperlinks to Websites operated by persons other than PAN GEMS (hereinafter referred to as the “Web Links”). Such Web Links are provided for the User’s reference and convenience only and they do not constitute as any recommendation and/or advice and should not be relied upon in making and/or refraining from making any decision. PAN GEMS reserves its right to remove any such Web Links anytime without any prior notice. PAN GEMS is not under obligation to review the contents of Web Links and therefore does not control the contents of those Web Links. The User leaves the Website by clicking on Web Links and goes to respective internet Websites and use of those Web Links shall be regulated by terms provided on respective Websites. PAN GEMS is neither acting as publisher of contents of those Web Links nor endorser of any representation published on those Web Links. The User confirms that any access of Web Links by the User shall be entirely at the User’s own risk.
Description and Prices
14.1 PAN GEMS shall endeavour to the extent possible to be as accurate as possible while providing Product descriptions and prices. However, PAN GEMS does not warrant that descriptions and/or other content and/or prices related to the Products and/or other information and content contained in this Website is accurate, complete, reliable, current and error-free.
14.2 The User expressly agrees that by placing an order for any Product on the Website, the User agrees to pay the price as listed therein and/or as may be modified pursuant to Clause 14.1.
PAN GEMS shall be entitled to send and the User hereby gives consent to receive, information / offers / promotional mails and messages pertaining to the Products and services offered by PAN GEMS and associate organisations from time to time.
In case the User wishes to de-activate any promotional material being provided to the User, the User shall notify PAN GEMS at firstname.lastname@example.org .
Indemnity and Limitation of Liability
Without prejudice to the rights of PAN GEMS under law, in equity and/or under this Agreement, the User agrees to protect, hold harmless and indemnify PAN GEMS, the Instructor, its employees, representatives, agents, to the fullest extent, at all times, from and against any and all claims, demands, damages, obligations, losses, liabilities, judgments, settlements, costs and expenses (including reasonable attorneys’ fees and costs) arising from or relating to: (i) the User’s access, use or misuse of the Website; and/or (ii) the User’s breach or alleged breach of this Agreement and/or breach of the User’s representations, warranties, guarantees, covenants, obligations and undertakings; and/or (iii) any violation by the User of any applicable laws; and/or (iv) any violation by the User of PAN GEMS’s rights and/or the rights of third parties, including without limitation, infringement of copyright, trademark, service mark, patent, trade secret, privacy or other intellectual property or proprietary right or misappropriation of any property.
Subject to applicable laws, PAN GEMS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Website; (b) any conduct or content of any party other than PAN GEMS, including without limitation, any defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or alteration of your content or information. It is expressly provided that the maximum liability of PAN GEMS for any reasons whatsoever whether financial or otherwise shall not exceed the total amount of price paid for the Products by the User and received by PAN GEMS from the User for the relevant Products under dispute.
The User acknowledges and agrees that the disclaimers and the limitations of liability set forth in this Agreement are reasonable and fair and that these limitations are the basis on which PAN GEMS is making the Website available to the User. The User further acknowledge and agree that any cause of action related to the Website must commence within 1 (one) year after the cause of action accrues otherwise, such cause of action shall not be permissible, subject to applicable laws.
17.1 PAN GEMS may, at any time, terminate or suspend any access of the User to the Website immediately, without prior notice and/or liability under the following circumstances:
(a) The User breaches any of the terms or conditions of this Agreement and/or other incorporated agreements and/or guidelines.
(b) Requests by law enforcement and/or other government agencies.
(c) Discontinuance and/or material modification to the Website or any part thereof.
(d) Unexpected technical and/or security issues and/or problems.
(e) Engagement by the User in fraudulent and/or illegal activities and/or suspected impersonation and/or due to result of any background search and/or credit check conducted on the User and/or any breach or threatened breach/ infringement of intellectual property rights of PAN GEMS.
(f) Non - payment of consideration owed by the User in connection with the use of Website.
17.2 Termination of the User account includes:
(a) Removal of access to all offerings within the Website.
(b) Deletion of the User ID and password and all related information, files and content associated with or inside the User account (or any part thereof).
(c) Barring of further use of the Website.
17.3 The User hereby agrees that all terminations for cause shall be made in PAN GEMS’s sole discretion and that PAN GEMS shall not be liable to the User or any third-party for any termination of the User account, any associated email address, or access to the Website. Any payments made hereunder are non-refundable subject to the terms and conditions set out herein. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions and warranty disclaimers.
This Agreement shall be governed by, construed interpreted, and enforced in accordance with the laws of India. Except for injunctive reliefs, specific performance and damages any other disputes arising in respect hereto shall be subject to exclusive jurisdiction of the Courts of Mumbai, Maharashtra.
19.1 No Partnership
None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between the User and PAN GEMS, and the User shall have no authority to bind PAN GEMS in any manner whatsoever.
19.2 Electronic communication
The User consents and gives his/her consent to receive communications from PAN GEMS electronically/through electronic records. PAN GEMS will communicate with the User by e-mail and/or by posting notices on this Website. The User agrees that all agreements, notices, disclosures and other communications that PAN GEMS provides to the User electronically satisfy all legal requirement of adequate service of notice/electronic record. This document is an electronic record in terms of Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical and/or digital signatures.
PAN GEMS can assign its rights and/or obligations provided herein or arising out of this Agreement to any person. The User cannot assign its rights and remedies and/or transfer its obligations under this Agreement without prior written consent of PAN GEMS.
Should any provision of this Agreement be determined to be unenforceable and/or invalid, or any transaction contemplated hereby determined to be unlawful by any court of law, or competent government body for any reason, all other provisions shall continue (except if this Agreement stands terminated) in full force and effect.
In case of any queries and/or grievances and/or assistance required, if any, with respect to data protection and/or consumer grievances, the User shall write to the grievance officer as set out below.
Email Address: email@example.com
Contact Number: +91 9820024861
On receipt of any concerns or complaints the Grievance Officer, the Grievance Officer shall acknowledge the receipt of the concern or complaint within 48 (Forty Eight) hours, pursuant to which a ticket shall be raised enabling the User to track their complaint. PAN GEMS will further employ all commercially reasonable efforts to address the same at the earliest but no later than 15 (fifteen) days of receipt of same.