TERMS & CONDITIONS
IMPORTANT LEGALLY BINDING AGREEMENT
The following are the terms and conditions of a legal agreement between you and K P Sanghvi & Sons and its subsidiaries and affiliates (collectively, "KP Sanghvi", "KPS", "KP", "we", "us" or "our"). These below-mentioned terms and conditions are applicable to the KPS web site located at www.kpsanghvi.com and all of our associated web sites linked to www.kpsanghvi.com by KPS as well as the services accessible therefrom (collectively, the "Site" or the "Web Site"). Please read these terms and conditions (the "T&C") carefully. You agree unconditionally to be bound by these T&C by viewing, accessing or in any manner using the Web Site. These T&C constitute an agreement between you and KPS and govern your use of, and any purchase from, the Site. KPS reserves the right to change or modify any of these T&C or any policy or guideline of the Web Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Web Site. Your use of the Site after the posting of changes or modifications to the T&C will constitute your acceptance of such changes or modifications. Hence, you need to frequently review these T&C and any other applicable policies from time-to-time to understand the T&C that apply to your use of the Site. The access and use of this Web Site is provided to you on the condition that you accept the T&C in their entirety without modifications or reservation of any kind. Use of the Web Site is undertaken at your own risk. IF YOU DO NOT AGREE WITH THE T&C OR ANY PART THEREOF, OR DO NOT WISH TO BE BOUND BY THEM, PLEASE DO NOT USE OR ACCESS THE WEB SITE OR DOWNLOAD MATERIALS FROM THE WEB SITE.
INFORMATION ON THE WEBSITE
Our objective is to provide you with details and information about KPS products so that you can see their beauty and shape in line with the industry standards and regulations. We provide the dimensions of our products based on our manufacturing specifications and slight tolerances may be accounted for based on finishing during the manufacturing process. In order to give our customers the opportunity to view our products in detail, some items may appear smaller or larger than their actual size in our site images; and color and size may also vary depending on individual monitor type and settings. KPS makes every attempt to ensure that information made available on the Site is as complete and accurate TERMS & CONDITIONS (T&C) as possible. However, the Site may contain inaccuracies or errors, including, without limitation, technical inaccuracies and typographical errors. KPS reserves the right to correct any errors, inaccuracies or omissions, although KPS will not have an obligation to make any such corrections, and KPS reserves the right to change or update information contained in the Site at any time without prior notice to you. Without limitation of any other provisions of these T&C, KPS shall not be liable to you for any inaccuracies or errors contained on the Site.
All content and other materials on the Site, including, without limitation, the site in whole, the KPS logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Contents") are the proprietary property of KPS and/or its supplier or licensors and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as may otherwise be expressly provided in these T&C or on the Site, you may not copy, imitate, use, download, modify, publish, transmit, retransmit, transfer, sell, license, reproduce, create derivative works from, distribute, perform, display, rearrange, redistribute, alter, crop, re-size, reverse engineer, move, remove, delete or in any way exploit or make commercial use of, any of the Site Contents, in whole or in part, directly or indirectly, without the prior written consent of KPS in each instance or unless any such restriction(s) on use of the Site Contents is prohibited by applicable law. The Web Site may contain facts, views, opinions and statements of third parties, visitors and other organizations. KPS does not represent or endorse the accuracy or reliability of any advice, facts, views, opinions, statements or other information displayed or distributed through the Web Site. You acknowledge that any reliance upon any such advice, facts, views, opinions, statements or other information shall be at your sole risk and you agree that KPS shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, facts, views, opinions, statements or other information displayed or distributed on the Web Site.
COPYRIGHT & TRADEMARKS
KPS, KP, KP SANGHVI, the KPS logos, CUPIO, ACE, ACE JEWELS, and any other product or service name, design or slogan contained on the Site are trademarks of KPS and its suppliers or licensors, and cannot be imitated, copied or used, in whole or in part, without the prior express written permission of KPS or the applicable rights holder. All non-KPS TERMS & CONDITIONS (T&C) trademarks, service marks, product names and other names or logos mentioned on the Site are the property of their respective owners. All other material appearing on the Web Site are copyrighted and/or subject to other laws and all rights therein are reserved. You cannot use any hidden texts or metatags incorporating "KPS" or any other name, trademark or product or service name of KPS without our prior written permission. The use (except as may be expressly authorized in writing) or misuse of any trademarks, trade names or logos from the Site is strictly prohibited. Further, without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices, trademark notices and other restrictions contained or posted on the Site.
POLICY ON CONFLICT DIAMONDS
At KPS, we only purchase rough and polished diamonds through the renowned and largest suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an international system that polices the trade of diamonds to ensure they are from sources free of conflict.
PRICING & INVENTORY
All our prices are subject to change without prior notice. All prices are tentative and indicative only until the order is confirmed and accepted by us. All prices displayed are based on advance payment terms only. All the prices will be expressed in USD, unless otherwise specifically stated and will be exclusive of any duties, taxes, shipment charges, insurance, bank charges or any other charges. We apologize for any inconvenience that this may cause. Sometimes the data, including the price relating a diamond, may be displayed on our Web Site inaccurately due to typographical or system errors. We reserve the right to correct any and all such errors as and when they come to our notice. We do not honor orders which are placed based on such erroneous prices. If a product's listed price is lower than its actual price, we reserve the right, to contact you to update you with the correct information before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to return the product or pay the difference between the actual and charged prices. If you have any questions, please do not hesitate to contact your relationship manager at KPS or our customer helpdesk at firstname.lastname@example.org. If you're interested in diamonds that are currently out-of-stock, call your relationship manager at KPS for an update on when the item will be available in stock. It may also happen that an item may go out of stock before we are able to post a notification on the Site. In such an event, we will contact you directly to discuss available options. In the event there is a separate written agreement between you and KPS concerning your ordering of stones and products from KPS (a "Separate Agreement"), then unless otherwise stated in the Separate Agreement, in the event of any conflict between the Separate Agreement and these T&C, these T&C shall control, for orders made through this website.
Usually, the stones will be shipped within two working days from the date of receipt of confirmed order and receipt of confirmed payment in full in our bank account. If after placing an order, payment is not received in 4 working days; the order will be treated as cancelled. KPS may accept the order at its sole discretion. There may be delay in shipment caused by events beyond our control. We do not take any responsibility for delayed shipment in any manner. Order once shipped can not be cancelled and the customer will be liable to make full payment against such orders. Shipping and Handling charges per invoice amounting to USD 10,000 and above are absolutely free of cost.
KPS ships all certified diamonds to you with the accompanying diamond grading report (also called a diamond certificate). These certificates are detailed reports provided by diamond grading experts at any of the highly-respected diamond laboratories - making it very expensive to replace a certificate. Hence any Diamond will not be accepted back as a return by KPS if the same is not accompanied by its original diamond certificate.
KPS may provide links to other third party websites ("Third Party Sites") and contents, which are not connected with KPS or its subsidiaries and affiliates ('Third Party Content') as an additional service to interested customers. Since KPS neither monitors nor has any control on any such Third Party Content or Third Party Sites, KPS does not warrant the accuracy of any information contained therein, and undertakes no responsibility to review or update any such content. KPS makes no guarantee as to its accuracy or completeness. Users are notified to use these links and Third Party Content contained therein and Third Party Sites entirely at their own risk. KPS does not make any representations or warranties about any Third Party Sites you may access through the Site. Links to Third Party Sites are provided solely as a convenience to you and do not constitute an endorsement by KPS or imply that KPS sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the Third Party Sites or products or services accessible from Third Party Sites. KPS is not responsible for the contents of, or any products or services offered on, from or by, any Third Party Sites.
All your business dealings or communications with, or participation in promotions of, advertisers other than KPS on the Site, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. KPS is neither liable nor responsible for any damage or loss of any type caused as a result of any such dealings or as the result of the presence of such non-KPS advertisers on our Site
We do not solicit nor do we wish to receive any confidential, proprietary or trade secret information or other material from you through the Site or our mail and e-mail addresses, or in any other way. Please note that all materials submitted by you to KPS, including but not restricted to questions, comments, suggestions, ideas, plans, notes, original or creative materials or other information, regarding the Site, KPS, or our products or services, will be considered non-sensitive and non-confidential and shall become the sole property of KPS upon its submission. KPS shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Further you acknowledge and warrant that (a) the content is accurate and not misleading; (b) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity. You grant KPS and its affiliates and sub-licensees the absolute and unqualified right to use the name that you submit in connection with such content, if they choose.
USE OF THE SITE
You are granted a personal, limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, noncommercial and personal use only. Such license is subject to these T&C and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product TERMS & CONDITIONS (T&C) listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, any data gathering or extraction methods; (f ) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of KPS, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these T&C shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time. You are responsible for maintaining the confidentiality of your password and any account information. You agree to immediately notify KPS of any unauthorized use of your password or other account information and further agree to indemnify and hold the KPS harmless for any improper or illegal use of your password. Any e-mail or other communication requesting your password, asking you to provide sensitive account information via email, should be treated as unauthorized and suspicious and should be reported to KPS immediately
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, KPS has adopted a policy of terminating and barring, in appropriate circumstances and at KPS's sole discretion, site users or account holders who are deemed to be repeat infringers. KPS may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe in good faith that any Site Contents infringe on your copyright, you (or your agent) may send KPS a notice, in accordance with the requirements set forth in the DMCA, requesting that we remove or block access to the infringing Site Contents, which notice shall include the following information:
- an electronic or physical signature of a person authorized to act on behalf of the TERMS & CONDITIONS (T&C) owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- a description of where the material that you claim is infringing is located on this website; your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send KPS a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter notices should be sent to email@example.com.
KPS may use techniques to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you are suspected of fraud or other breach of these T&C, KPS may, in its sole discretion, declare you to be in breach of these T&C, suspend your use of the Site, terminate your use of the Site and/or seek prosecution against you to the fullest extent of the law.
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD KPS, ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS AND LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES (COLLECTIVELY, "INDEMNITEES"), HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SITE; (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS T&C BY YOU; (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST ANY INDEMNITEE ARISING OUT OF YOUR USE OF THE SITE AND/OR CONTENT; (D) ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT; (E) YOUR INFRINGEMENT OR VIOLATION OF ANY LAWS, REGULATIONS, RESTRICTIONS OR TERMS & CONDITIONS (T&C) RULES APPLICABLE TO THE SITE AND/OR THE SITE CONTENTS; AND/OR (F) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
YOUR REPRESENTATIONS & WARRANTIES
Without limiting any of the other representations and warranties made by you in these T&C, you represent and warrant that you will: (a) comply with all laws, rules and other regulations applicable in connection with the Site; (b) not interfere or disrupt networks connected to the Site; (c) not use the Site to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) not use or transmit through the Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; and (e) not interfere with another user's use and enjoyment of the Site
DISCLAIMER OF WARRANTY
EXCEPT AS MAY BE PROVIDED TO THE CONTRARY IN A WRITING BY KPS, YOUR USE AND BROWSING OF, AND ANY RELIANCE BY YOU UPON, THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH THE T&C, OR ANY PORTION THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, SOFTWARE, DOCUMENTS AND MATERIAL ACCESSIBLE FROM THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF KPS HAS BEEN MADE AWARE OF SUCH PURPOSE), TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. KPS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. KPS DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, KPS DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SITE BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KPS OR AN AUTHORIZED REPRESENTATIVE OF KPS SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KPS, ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS AND LICENSORS OR THEIR TERMS & CONDITIONS (T&C) RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, OR FOR ANY LOSSES OR EXPENSES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), INJURY OR DAMAGES CAUSED BY ANY CONTENT, DOCUMENTS, SOFTWARE, MATERIALS OR INFORMATION RECEIVED FROM OR THROUGH THE USE OF THE SITE, ANY EMAIL DISTRIBUTED TO ANY USER OR ANY THIRD PARTY SITES OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM KPS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KPS'S RECORDS, PROGRAMS OR SERVICES, EVEN IF AN INDEMNITEE, IS ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.
You specifically acknowledge and agree that the Indemnitees are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while KPS intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, KPS does not warrant, guarantee or make any representations that the Site, or any Site Contents, shall be available for downloading, or will be free of viruses, spyware or destructive materials and the Indemnitees shall not be liable, for any viruses, spyware or other destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing of, the Site or the server that makes it available, or your uploading of any content to the Site.
APPLICABLE LAW AND VENUE
These T&C shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You may not assign or otherwise transfer by operation of law or otherwise these T&C or any rights or obligations herein. These T&C and your use of the Site will be governed by and construed in accordance with the laws of India, applicable to agreements made and to be entirely performed within India, without resort to its conflict of law provisions. You agree that the Courts of Mumbai alone and no other courts shall have the jurisdiction to entertain and try any action at law or in equity arising out of or relating TERMS & CONDITIONS (T&C) to these T&C shall be filed only in the courts located in India and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of the Site, any purchase from this site, or these T&C.
MODIFICATION & NOTICE
You agree that KPS may modify these T&C and any other policies on our Site at any time and that posting the modified T&C or policies on our Site will constitute sufficient notice of such modification.
Notwithstanding any of these T&C, KPS reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site. KPS may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Site Contents, without prior notice or liability to you. ONCE ACCESS TO THE SITE IS RESTRICTED, SUSPENDED OR TERMINATED, ANY DATA STORED ON THE SITE MAY NOT BE RETRIEVED
These T&C constitute the entire agreement between you and KPS relating to the subject matter hereof and shall not be amended, modified or revised by you. If any provision of these T&C shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these T&C and shall not affect the validity and enforceability of any remaining provisions.
QUESTIONS & CONTACT INFORMATION
If you have any questions, please do not hesitate to contact your relationship manager at KPS or our customer helpdesk at firstname.lastname@example.org. IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS AND CONDITIONS OF THESE T&C OR ARE NOT AUTHORIZED TO AGREE TO THESE T&C, PLEASE EXIT THE SITE.