TERMS AND CONDITIONS OF USE OF PMJ WEBSITE, PMJ ANDROID APP, PMJ iOS APP AND ALL PMJ SERVICES (COLLECTIVELY REFERRED TO AS THE INTERNET BASED PLATFORM OR SERVICES)

PLEASE READ THESE TERMS OF USE CAREFULLY BY ACCESSING OR USING THIS INTERNET BASED PLATFORM AND THE SERVICES PROVIDED THROUGH THIS INTERNET BASED PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS INTERNET BASED PLATFORM OR AVAIL ANY SERVICES PROVIDED THROUGH THIS INTERNET BASED PLATFORM.

1. GENERAL TERMS OF USE

• The domain name www.pmjjewels.com, an internet based portal, the PMJ android app and iOS app, are owned and operated by M/s. PMJ Gems and Jewellers Private Limited, a company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter referred to as "PMJ" or "We" or "Our" or "Us" or "Company"). The domain name and the mobile application are collectively referred to as the "Website".
• Your access or use of the Website, transacting on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use"), including the applicable policies which are incorporated herein by way of reference.
• These Terms of Use sets out the legally binding terms of services available on the Website as well as at the terms of use of this Website. These Terms of Use along with the Privacy Policy Privacy (which is hereby incorporated by reference herein), extends to both users, who visit the Website but do not transact business on the Website (hereinafter referred to as "You" or "Your" or "Customer", "Users" or "Guests") as well as users who are registered with by the Website to transact business on the Website (hereinafter referred to as "Members") on one part and PMJ on the other Part.
• By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
• The Website is a platform that facilitates online purchase of Jewellery and other precious stones including Diamonds sold by M/s. PMJ Gems and Jewellers Private Limited and its associated Companies.
• PMJ reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and at its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.
• As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to PMJ that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
• These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:

• The Indian Contract Act, 1872 ("Contract Act");
• The (Indian) Information Technology Act, 2000 ("IT Act") and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 ("IG Guidelines");
• The Consumer Protection Act, 1986.
• PMJ authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains in-house content provided by PMJ including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals ("PMJ Content"). The Content is the property of PMJ and is protected under copyright, trademark and other applicable law(s). You shall not modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
• Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.

2. ELIGIBILITY FOR USE OF WEBSITE AND / OR SERVICES

• For the purposes of availing the Services through the Website, You are required to obtain registration, in accordance with the procedure established by PMJ in this regard. As part of the registration process, PMJ may collect the following personal information from You:

• Name;
• User ID
• Email address;
• Address (including country and ZIP/ postal code);
• Gender;
• Age;
• Phone number;
• Password chosen by the User; and
• Other details as You may volunteer.

• Registration is only a one time process and if the Member has previously registered, he/she shall login / sign into his / her account.
• The registration on or use/ access of the Website is only available to natural persons, other than those who are "incompetent to contract" under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to PMJ that you are "competent to contract" under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
• A registered id can only be utilized by the person whose details have been provided and PMJ does not permit multiple persons to share a single log in/ registration id.
• Organizations, companies, and businesses may not become registered members on the Website, unless authorised to do the same by Us or use the Website through individual members.
• You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify PMJ if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
• The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by PMJ for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, PMJ may allow authorized third parties to place or recognize a unique cookie on the Your browser. PMJ does not store personally identifiable information in the cookies.

3. DEFINITIONS

"Jewellery" means the jewellery that is predesigned or jewellery set with diamonds and / or gemstones that are available for sale on our website. Please note that all Jewellery is sold on "as is" basis. "Mounts" are defined as designs that hold a diamond(s) / gemstone(s) in place, which may or may not have diamonds/ gemstones. Members can select Mounts and diamonds separately to create customized Jewellery. "Loose Diamonds" are individual diamonds that can be bought without being set on Mounts.

4. DESCRIPTION OF SERVICES

This Website provides access to trading, pricing, news and other information services related to diamonds, precious gems and jewellery. Certain Services available on this Website are for the use of Members only. Please note that some of the terms under these Terms of Use, differ for purchases for personal consumption and for investment purposes.
This Website offers services for Members who wish to purchase diamonds / jewellery for personal consumption, inclusive of, customized and readymade Jewellery. The Website also offers services to sell diamonds for investment. The Website displays diamonds and gemstones that are specifically recommended for the purpose of investment. The Website will also feature the recommendations of a trained diamond consultant, circulate a list of investment grade diamonds and recommend good buys. Recommendations of the consultant are not guaranteed under any circumstances and the Company shall not be held liable for any loss and / or damage suffered by Members who rely on such recommendation.
Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Sometimes the items may be represented larger than the actual size in order to clearly show details or smaller than the actual size in order to show the entire item. The Company shall not be liable for any legal action on this account.

5. ORDERS - Retail Purchase

• Any Member who wishes to purchase an item from the Website can either:

• Add the selected item(s) directly to the shopping cart; or
• Customize jewellery that is expressly stated as customizable on the Website and then add the item to the shopping cart; or
• Choose from the selection of Jewellery available on the Website and add the item to the shopping cart; or
• Call our trained consultants on [phone no.] to place an order. The Member will receive the form for ordering via email/ fax/ courier based on their convenience.

• In the event of a User wishing to make a purchase, the User may be required to register on the website after adding the item(s) to the shopping cart. The Members shall also provide any other mandatory information required under law like Permanent Account Number (PAN) and/or GST number at the time of purchase.i
• Orders, are normally considered complete only after the payment has been received by PMJ.
• To confirm the orders, PMJ may at random, call up the Members who have placed orders through the Website and ask the Member a verification question. PMJ will confirm the order only after the verification question is answered by the Member.
• Once the purchase of item(s) is confirmed, PMJ:

• In the case of Loose Diamond or customised jewellery - order for the diamond(s), set it on the Mount and deliver it to the Member; or
• In the case of Jewellery - order for the manufacture of the Jewellery and deliver it to the Member.
• In the event the bank rejects to honour any payment transaction made by a Member towards an order, PMJ shall have the right to refuse to ship the order to the Member without any liability whatsoever.

• Availability of Product

• PMJ may not own any of the diamonds and other products listed on the Website. In such cases, PMJ only orders the products listed on the Website from third party traders and merchants after the confirmation of the order by the Member and delivers the same to the Member. In such a scenario, there is a possibility that the item ordered by the Member might have been traded since the listing on the Website might not be available at that point of time.
• In the event the diamond(s) get(s) traded in the market before making the payment / sealing the order, PMJ will call the Member and suggest an alternate diamond. In case the Member chooses a new diamond, PMJ shall confirm the new order. If the cost of the new selection is more expensive than the previous one, the Member shall have to pay the differential amount. If the cost of the new selection is less expensive than the previous one, PMJ shall refund the excess amount to the Member in the manner specified below in this Terms of Use.
• Diamond prices vary from one category of diamonds to another and seller to seller where numerous factors like reputation of the sellers, brand value, design of the Jewellery etc. have an impact on the price of the diamond. The demand and supply of diamonds in the market can also affect the price of the diamonds. The prices stated on the Website may be substantially higher or lower than the actual prices in the retail markets.
• All pricing information available on the Website must be used as a general guideline for diamond prices. While this Website is designed to provide most accurate diamond pricing information, the information about the diamonds does not provide an appraisal or guarantee of value, nor does it give suggestions or recommendation of any sort for buying or selling diamonds. All grading and pricing are subjective methods of analysis and no guarantee is made or liability assumed as to the accuracy or validity of the information provided by the Service or the expertise of those providing information via the Service.
• Infrequently, data may be inaccurately displayed on the Website due to system errors. PMJ reserves the right to correct any and all errors when they do occur and the Company does not honour inaccurate or erroneous prices. The prices on the Website are also subject to change without notice. For any order the price is the prevailing price on the day the order is confirmed. The prices of the products listed on the Website are fixed and not negotiable. If you have any questions, please do not hesitate to contact us at [ 80088 86888].

6. PRODUCT WEIGHT VARIANCE

The product weight mentioned on the website for jewellery and mounts may vary upon manufacture of the product. In case, the customer receives a product of lesser product weight than the value paid for, the Company will refund such differential amount to the Customer.

7. PAYMENT, FEES AND TAXES

• Each Member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. PMJ is in no way responsible for any of the taxes except for its own income tax.
• All fees are exclusive of applicable taxes.
• PMJ reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
• In order to process the payments, PMJ might require details of Member"s bank account, credit card number etc.

8. CERTIFICATIONS

Diamonds
All Loose Diamonds (both investment and retail) and diamonds that are set in Jewellery will be accompanied by individual certificates. The certificate will be issued by an independent third party certifying authority and the details of the certificate will be mentioned at the time of purchase.

Jewellery / Mounts
The diamonds in the Jewellery / Mounts will not be individually certified unless expressly mentioned at the point of placing the order. The entire Jewellery will be certified either by an independent third party certifying authority or by PMJ depending on the value of the Jewellery.

9. USAGE OF PROMO CODE ISSUED BY THE COMPANY

• PMJ has the right to refuse the usage of any promo code at any point of time. Promo codes which have expired cannot be used on the Website.
• PMJ can at any time ask the Member for the proof of having received the promo code.
• Promo codes can be used only on specific orders as deemed fit by PMJ. Applicability of Promo Codes on certain items, on specific orders, or on specific dates or occasions are at the discretion of PMJ.
• Promo codes cannot be clubbed with any other special offer on the site, unless expressly otherwise stated.
• For offline payment mode the promo code will be accepted only within the date of expiry of the promo code.

10. COVENANTS

• Covenanters for the purposes of these terms of use shall include the Users and Members.
  Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -

• belongs to another person and to which the such Covenanter does not have any right;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• infringes any patent, trademark, copyright or other intellectual proprietary rights of any Third-Party;
• violates any law for the time being in force;
• impersonates another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• is prohibited under applicable law(s) for the time being in force including the Indian Penal Code, 1860, as amended from time to time and rules made there under; and
• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

• You are also prohibited from:

• violating or attempting to violate the integrity or security of the Website or any PMJ Content;
• transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by PMJ;
• intentionally submitting on the Website any incomplete, false or inaccurate information;
• making any unsolicited communications to other Covenanters;
• using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
• attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
• copying or duplicating in any manner any of the PMJ Content or other information available from the Website; and
• framing or hotlinking or deeplinking any PMJ Content.
• PMJ, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in this Clause 4, shall be entitled to disable such information that is in contravention of this Clause 4 or any provisions of these Terms of Use. PMJ shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
• In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a Covenanter, PMJ has the right to immediately terminate the access or usage rights of the Covenanter to the Services and to remove noncompliant information.

11. LIABILITY

• PMJ shall not be responsible or liable in any manner to the Users or any Third-Party Service Providers (collectively referred to as the "Other Parties") for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by PMJ, where Other Parties have consented to such disclosures.
• The Services provided by PMJ or any of its licensors or providers or Third-Party Service Providers are provided "as is" and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). PMJ does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. PMJ to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties" use or reliance upon the Website, the Services, the PMJ Content, Third-Party Content, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
• The Website may be linked to the website of third parties and PMJ has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that PMJ endorses the linked website. Other Parties may use these links services at their own risk.
• PMJ shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; PMJ shall not be responsible for any error in any of the services being provided by the Third-Party Service Providers.
• The listing of Third-Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Indemnified Parties (as defined herein below) be liable or responsible for the listing order of Third-Party Service Providers on the Website.
• To the maximum extent permitted by applicable law(s), PMJ, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees ("Indemnified Parties "), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
• In no event shall the Indemnified Parties  be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third-Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third-Party Service Providers or other person on or through the Website.

12. INDEMNITY

You agree to defend, indemnify and hold harmless PMJ, the Indemnified Parties, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website.

13. MODIFICATION OF WEBSITE

PMJ reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that PMJ will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

14. INTELLECTUAL PROPERTY RIGHTS

All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The content on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means.

15. COMPLIANCE OF APPLICABLE LAW

While communicating/ transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the provisions of the applicable laws.

16. TERMINATION

• Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and PMJ.
• The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:
• In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by closing their PMJ accounts for all of the Services that they use.
• PMJ reserves the right to, either partly or fully, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Third-Party Service Providers or the Other Parties as a whole, if there is:

• Breach or intended breach any of applicable law(s), or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Other Parties from time to time; or
• PMJ is unable to verify or authenticate any information provided to PMJ by Other Party(s); or
• PMJ believes, in its sole discretion, that Other Party(s) actions may cause legal liability for PMJ (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives); or
• Requirement to do so by law; or
• If Other Party(s) fail to provide (or revoke) the consents necessary or desirable for PMJ to provide the Services; or
• Provision of the Services is in PMJ"s opinion, no longer commercially viable; or
• PMJ decides to discontinue, in part or in full, with or without reason, access to the Website or the Services.

• PMJ may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Such termination or suspension of Other Party(s) account may include: (i) removal of access to all offerings within the Website or Services; and (ii) barring from further use or access of the Website or Services.
• Once terminated or suspended (temporarily or permanently), Other Party(s) may not use the Website under the same account, a different account or re-register under a new account.
• Upon any termination of these Terms of Use, PMJ may, unless prohibited by law, delete all of Other Party(s) data in its systems or otherwise in its possession or under its control, including but not limited to Other Party(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information.
• The right to terminate/ suspend is in addition to, and without prejudice to, PMJ"s right to initiate appropriate legal action against the Other Party(s), in accordance with applicable law.

17. FORCE MAJEURE

Neither Party shall be liable for any loss or damage caused as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of a Party), or any other delay or default or deficiency or failure which arises from causes beyond a Party"s reasonable control ("Force Majeure Event"). In the event of any Force Majeure Event arising, a Party, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.

18. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Hyderabad. All disputes will be subject to arbitration at Hyderabad in English by a sole arbitrator appointed by PMJ under the Arbitration and Conciliation Act, 1996.

19. SURVIVAL

Even after termination, obligations of a continuous nature, such as, but not limited to, mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

20. SEVERABILITY

If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

21. WAIVER

No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by PMJ. Any consent by PMJ to, or a waiver by PMJ of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

22. HEADINGS

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.

23. CONTACT INFORMATION

If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at shoponline@pmjjewels.com. If any Other Party(s) has any questions concerning PMJ, the Website, these Terms of Use, or anything related to any of the foregoing, PMJ can be reached at the following email address.