TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE:

 M/s Monarch Enterprise, (hereinafter referred to as the Diamond Goldy which term shall be deemed to mean and include the proprietors, successors in business, employees, agents, assigns, commissioned contractors and legal heirs) provides an on-line platform  for buying and selling  of jewelry under the brand name Diamond Goldy.

THE PROVISIONS GOVERNING THE USE OF WEBSITE:                        

 These Terms of Use set forth the legally binding terms of your use of the website diamondgoldy.com including all content available through the Diamond Goldy domain name (herein after collectively referred to as the ‘Website’) The Terms of Use apply to Browsers/Viewers and/or Members/Subscribers of the Company website. The term Members/subscriber includes any individual, firm, association of persons, company who register with the Website by creating an account with a unique email ID and password (Credentials) to access your respective accounts. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your Credentials or account to another party. The term ‘Browser/Viewer’ means any individual, firm, company, association of persons who visit and browse the contents of the website and may or may not be potential customers. In case you choose to be a Browser/Viewer, you may be required to provide/share certain personal data which is governed by the Privacy Policy.

By browsing and/or subscribing to the Website, you signify your assent to the terms and conditions (“Terms of Use”) and the terms and conditions of the ‘Privacy Policy’ of the Company’s, which is published on the Website for reference. In addition, when using particular services provided by us such as viewing any content, or purchasing/returing/cancelling any order if any, you shall be subject to any additional guidelines or rules applicable to such services.

Kindly print these Terms of Use or save a copy of these Terms of Use for your records. If you do not agree to any of these terms, then please do not access or otherwise use this website or any other information contained in this website.

 CHANGES

We reserve the right at any time to change the Terms of Use including but not limited to suspend/cancel, discontinue a service at any time without notice and make modifications and alterations in any or all of the content, products, features and services or change/charge any fees s for use of the services contained on the Website without prior notice. You will be deemed to have accepted such change/s if you continue to access the Website subsequent to such changes.

You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions. Your continued use of the web site shall be deemed your consent to such changes.

ELIGIBILITY

You must be 18 years of age or older to visit or use Diamond Goldy in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to Diamond Goldy that You are 18 years of age or older, and that You have the right, authority and capacity to use the Web Site and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Website.in in a manner consistent with any and all applicable laws and regulations.

LICENSE and WEBSITE ACCESS

Diamond Goldy grants you a limited license to access the Website for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized  hypertext links to the Website and the framing of any Content available through the Website, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting 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; any action that imposes or may impose (in Diamond Goldy’s sole discretion) an unreasonable or disproportionately large load on Diamond Goldys infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Diamond Goldy to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or limited license granted to you by Diamond Goldy.

THIRD PARTY WEBSITES

The Website may contain links to third party websites that are not owned or controlled by Diamond Goldy. Diamond Goldy has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Diamond Goldy will not and cannot censor or edit the content of any third party site. By using third party website, you expressly relieve Diamond Goldy from any and all liability arising from your use of this Website and any third party website as aforesaid.

OWNERSHIP OF CONTENTS and INTELLECTUAL PROPERTY RIGHTS

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of Diamond Goldy (collectively referred to as the “Content”). The Content includes Product Descriptions. The Content is owned by Diamond Goldy. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from Diamond Goldy. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Diamond Goldy (“Diamond Goldy Trademarks”) used and displayed on the Website whether registered and/or unregistered trademarks or service marks are the proprietary of Diamond Goldy. Nothing in this Terms of use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without Diamond Goldy’s prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Diamond Goldy in writing. All goodwill generated from the use of the Diamond Goldy Trademarks accrues to Diamond Goldy’s benefit. The Designs of the product have been conceived for or by Diamond Goldy and all copyright in the Designs and the artwork vests with Diamond Goldy. Any unauthorized use of the product designs, photographs of products would make you liable for copyright infringement.

THE PRODUCTS and PRICING

Product Availability

Diamond Goldy has the sole discretion to price the product available on the Website. If you are interested in a product which is currently not in stock, you can email info@diamondgoldy.com and Diamond Goldy will let you know when the Product will be back in Stock. There may be a likelihood of the product going out of stock because of the sudden surge of orders and Golden

Gazelle has been unable to post timely notifications of non- availability of the product. If this happens after you have received the dispatch confirmation email, for that Product, Diamond Goldy will contact you directly to discuss possible options (please see Cancellation Policy).

• Diamond Goldy pricing is calculated using current precious metal and gem prices to give you the best possible value. These prices do change from time to time, owing to the fluctuations in prices of precious metal and gems . Diamond Goldy prices are also subject to change without notice. Diamond Goldy apologizes for any inconvenience that this may cause
• Product prices may be inaccurately displayed on the Site due to system or typographical errors. While Diamond Goldy makes every attempt to avoid these errors, they may occur. Diamond Goldy reserves the right to correct any and all errors when they do occur, and Diamond Goldy does not honor inaccurate or erroneous prices. If you purchase a Product with a listed price that is lower than its actual price, Diamond Goldy will, at its discretion, either contact you to notify you of the correct price before shipping the Product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the Product or pay the difference between the actual and charged prices.

Diamond Goldy does not negotiate prices on Diamond Goldy Products and all Diamond Goldy’s prices are final

Product Descriptions

Diamond Goldy makes every attempt to ensure that Diamond Goldy’s online catalogue is as accurate and complete as possible. To give you the opportunity to view the Products in great detail, some Products may appear larger or smaller than their actual size in Diamond Goldy’s photographs; and since every computer monitor is set differently, color and size may vary slightly.

Diamond Goldy’s objective is to provide you with as much information and detail about your prospective purchase as possible so that you can get the details of a particular item.

Diamond Goldy does not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly.

Certificate

Diamond Goldy will provide a Certificate for Products that you purchase. The Certificate sets forth Diamond Goldy’s statement regarding the verification of a Product pursuant to Diamond Goldy’s Expert examination of the Product. Your sole and exclusive remedy for a material misstatement by Diamond Goldy on a Certificate for a particular Product is the return/cancellation of such Product and a refund of the purchase price

PAYMENT MODES AND INFORMATION ON PLACING THE ORDERS

The following options are available for making payment against purchase:

1. Telephonic Wire Transfer ( Your Bank to Our Bank)
2. Credit Card/Debit Card / payment gateways
3. Internet Banking/Mobile banking

Payment by credit card/debit card/internet banking/mobile banking are subject to the terms and conditions and privacy policy of the payment gateway. Diamond Goldy has no control over information shared with the payment gateway, and is not liable for any misuse of information shared with the payment gateway.

When an order is placed you will receive the following by way of order , dispatch and delivery confirmation:

Order Confirmation No. –  A Number that will be generated and communicated to you on placing the order.

Dispatch Confirmation No. – A Number that will be generated on dispatching the Product

Delivery Confirmation No. – A Number that will be generated on having the Product delivered to your address.

DG WALLET

 The DG Wallet is also subject to these terms and conditions. Any information shared at the time of opening the DG Wallet are subject to the privacy policy. Diamond Goldy has no control when reference names are shared with Diamond Goldy and Diamond Goldy is not liable to member /user when any name is shared with Diamond Goldy. Kindly note that DG Wallet points cannot be converted to cash and are redeemable only against purchase.

CANCELLATION POLICY:

In case of any discrepancy Diamond Goldy can cancel any of the orders within 2 days of sending out the order confirmation email. A few reasons for cancellation from our end usually include limitation of the product in the inventory, error in pricing, error in product information etc. Diamond Goldy also has the right to check out for extra information for the purpose of accepting orders in a few cases. Diamond Goldy makes sure to notify you if in case your order is cancelled partially or completely or if in case any extra data is required for the purpose of accepting your order.

WARRANTIES

 The nature of the Product is such that there is no Warranty on the Product. Than also wish to need some  Repaire/Alter/Sizing than contact us on info@diamondgoldy.com

Diamond Goldy makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website and the uninterrupted operability of the Website. You agree that the use of the Website and all the contents made available to your through the Website is at your own risk.

WEBSITE SITE RESTRICTIONS

 Users shall not use the Website in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation any content on the Website

1. in violation of any applicable law or regulation.

2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others.
3. that belongs to another person and to which the User does not have any right to. that is                grossly harmful,             harassing,          blasphemous,  defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating to/or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.
4. harm minors in any way.
5. deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature.
6. impersonate another person or entity.
7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of customers computer systems or Website.
8. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.

Users are also prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities:

1. accessing data not intended for such User or lodging into a server or account which the user is not authorized to access

2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”;

REGISTRATION INFORMATION

 When the User/Subscriber and registers with the Company, certain information will be required to be provided by them, including without limitation, a valid name, address, contact number, email ID. The Registration services are free of charge. In addition to the Terms of Use and Privacy Policy, you agree that Diamond Goldy may disclose to third

parties, on an anonymous basis, certain aggregated information contained in your registration application. Diamond Goldy will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

The User/Subscriber is responsible for maintaining the password and confidentiality of the account access information. The User/Subscriber shall be responsible for their use of the Website registrations whether or not authorized by them. The Users/Subscribers are not authorized to share their password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling the Account. The User/Subscriber agrees to immediately notify Diamond Goldy of any unauthorized use of your Account, and passwords and any change in the Registration details therein.

LIABILITY DISCLAIMER:

 Diamond Goldy shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the Website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission in the Product, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption.

• Diamond Goldy shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time
• Diamond Goldy will not be held liable for any personal injury or property damage of any nature resulting from the access and use of the Website, or due to any virus, bug or other interruption or cessation from the Website caused due to third party.
• Diamond Goldy will not be liable for any indulgence of cyber stalking, acts amounting to cybercrime, doing of any act which amounts to a nuisance or any other act violating any provisions of the law for the time being in force.

• Diamond Goldy shall not be held liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The Website shall have no responsibility to provide access to the Website while interruption of the Website is due to any such cause shall continue.
• Diamond Goldy shall not be held liable for any loss, damage or claim arising from any change in registration information, or resulting from any unauthorized use of User/ Subscribers account and passwords or from acting on any information posted by User or Subscriber

INDEMNITY

The user/subscriber and, viewers agree to defend, indemnify and hold harmless Diamond Goldy, its affiliates, employees and agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, fees (including attorney’s fees) costs, debt, demands, recoveries, fines, penalties and expenses of any kind or nature arising from: (i) your use of and access to the Website; (ii) the violation or non- compliance of any term of these Terms of Use; (iii) the violation of any third party right, including without limitation any copyright, intellectual property right, or privacy right; or damage or loss to any Product forwarded by you to Diamond Goldy for return/buyback. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

We reserve the right to disclosure of any personal information about the user/subscriber and viewer and the use of the Website including its contents, without their prior permission if the Company has a good faith belief that such action is necessary to:

1. conform to legal requirements or comply with legal process;
2. protect and defend our rights or property;
3. enforce the Terms of Use;

ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

JURISDICTION

 These Terms of Use are subject to the laws of India and any disputes arising from them shall be exclusively governed by the jurisdiction of the appropriate courts situated at BARDOLI, India.