Welcome to zahirgems.com provides their services to you subject to the following
conditions. If you use, visit, you accept these conditions. Please read them carefully.
The Terms of Use are subject to change by zahirgems.com at any time, effective
upon posting on the zahirgems.com website, and your use of the Website or the Service
after such posting will constitute acceptance of you of such changes.
1. Electronic Agreement
This Agreement is an electronic contract that sets out the legally binding terms
of your use of the Website and your orders in the Service. By accessing the website
or buying a product from zahirgems, 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.
2. 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 zahirgems.com your subsequent disability to enter into any
contract. Subsequent, disability shall entitle zahirgems.com to restrict/ change/
terminate this agreement at its own discretion.
3. 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. Your use of the zahirgems.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.
4. Non-Commercial Use
The zahirgems.com Website is for the personal use of individual or the members
of the zahirgems organization, and cannot be used in connection with any commercial
endeavors, unless registered and approved as an ‘Affiliate’ of zahirgems.com. The
commercial endeavours include providing links to other websites, whether deemed
competitive to zahirgems.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. zahirgems.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.
5. Term
This Agreement will remain in full force and effect while you use the Website. If
zahirgems.com terminates your 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 in the sole discretion of zahirgems.com.
zahirgems.com is not required, and may be prohibited, from disclosing a reason
for the termination of your account. All terms that by their nature may survive
termination of this Agreement shall be deemed to survive such termination.
6. Right to form Consortium/Associates
While providing services, zahirgems.com may outsource any part thereof to any competent
person or organization, with or without disclosing it to you.
7. Proprietary Rights
zahirgems.com owns and retains
all proprietary rights in the zahirgems.com website and the zahirgems.com Service/Products.
The Website contains the copyrighted material, trademarks, and other proprietary
information of zahirgems.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 is liable to be terminated forthwith by zahirgems.com
without refund of any of your unused Subscription fees.
Content, Advice,
Opinions, statements, offers, or other information or content made available through
the zahirgems.com Service or the zahirgems.com Website, but not directly by zahirgems.com,
are those of their respective authors, and should not necessarily be relied upon.
Such authors are solely responsible for such content. zahirgems.com does not:
guarantee the accuracy, completeness,
or usefulness of any information on the Service, or
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 zahirgems.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 zahirgems.com through the Advice Section, User Forum, or Community Forum should
not necessarily be relied upon. We recommend you to visit a certified professional
for any such advice, option, or information. Under no circumstances will zahirgems.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.
8. Content Posted By You
You will not post or transmit,
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 information provided to zahirgems.com, or another Member, subsequently
becomes inaccurate, misleading or false, you will promptly notify zahirgems.com
of such change. zahirgems.com reserves the right to verify the authenticity of
Content posted on the Site. In exercising this right, zahirgems.com may ask you
to provide any documentary or other form of evidence supporting the Content you
post on the Site.
You understand and agree that
zahirgems.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 zahirgems.com
violate this Agreement or which might be offensive, illegal, or that might violate
the rights, harm, or threaten the safety of either zahirgems.com and/or its Members.
By posting Content to any public
area of zahirgems.com, you automatically grant, and you represent and warrant that
you have the right to grant, to zahirgems.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
zahirgems.com will not infringe or violate the rights of any third party.
The following is a partial
list of the kind of Content that is illegal or prohibited on the Website. zahirgems.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. It includes, but is not limited
to, Content that:
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 email to other Members. Although
zahirgems.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.
g) All information you include in your
Member profile must be accurate, current and complete.
9. Prohibited Activities
zahirgems.com reserves the right to investigate and terminate you if you have misused
the Service, or behaved in a way which could be regarded as inappropriate or whose
conduct is unlawful or illegal. The following is a partial list of the type of actions
that you may not engage in with respect to the Service:
You will not impersonate any
person or entity.
You will not "stalk" or otherwise
harass any person.
You will not send “abusive,
obscene, or sexually oriented” message(s) to other members.
You will not express or imply
that any statements you make are endorsed by zahirgems.com without our specific
prior written consent.
You will not use any robot,
spider, site search/retrieval application, or other manual or automatic device or
process to retrieve, index, "data mine", or in any way reproduce or circumvent the
navigational structure or presentation of the Service or its contents.
You will not post, distribute
or reproduce in any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior consent of the owner of such proprietary
rights.
You will not remove any copyright,
trademark or other proprietary rights notices contained in the Service.
You will not interfere with
or disrupt the Services or the site or the servers or networks connected to the
Services or the Website.
You will not post, email or
otherwise transmit any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment.
You will not forge headers
or otherwise manipulate identifiers in order to disguise the origin of any information
transmitted through the Service.
You will not "frame" or "mirror"
any part of the Service or the Website, without zahirgems.com's prior written authorization.
You also shall not use meta tags or code or other devices containing any reference
to zahirgems.com or the Service or the site in order to direct any person to any
other web site for any purpose.
l. You will not modify, adapt,
sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise
disassemble any portion of the Service or the Website or any software used on or
for the Service or cause others to do so.
10. Disclaimer of Warranties and Limitation of Liabilities
Your use of the zahirgems.com
service is at your sole risk please note that this contract strictly limits our
liability and zahirgems.com does not provide warranties for the service. the contract
also limits your remedies.
zahirgems.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 zahirgems.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 zahirgems.com has been advised of the possibility of such damages),
resulting from:
The use or the inability to use the
service;
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;
Unauthorized access to or alteration
of your transmissions or data;
Statements or conduct of any third
party on the service
Any other matter relating to the service.
Notwithstanding anything to
the contrary contained herein, zahirgems.com 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 zahirgems.com, for the service during the term of membership.
11. Modifications to Service
zahirgems.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 zahirgems.com shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
12. Disputes and Applicable Law
If there is any dispute about or involving the Site and/or the Service, by using
the Site, you unconditionally agree that all such disputes and/or differences will
be governed by the laws of India and shall be subject to the exclusive jurisdiction
of the Competent Courts in Rajasthan, India only.
13. Indemnity by You
You agree to indemnify and hold zahirgems.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.
14. 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.
15. 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 zahirgems.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.
16. Other
This Agreement contains the entire agreement between you and zahirgems.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 zahirgems.com by writing to Customer
Care. On receipt of such complaint, zahirgems.com may investigate such complaint
and if necessary may terminate or take strict actions against you for violation
abuse or misuse without any refund of subscription fee. Any false complaint made
by a member shall make such member liable for termination of his/ her service or
products without any refund.
Please contact customer service with any questions regarding this agreement. zahirgems.com
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.