TERMS AND CONDITIONS (T & C)

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.mohitdiamonds.com website.

Terms and conditions

This web page represents a legal document; that serves as terms and conditions of our website, www.mohitdiamonds.com, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Mohit Diamonds Private Limited (hereinafter "MDPL"). This website can have interactions with different users- like E-Commerce, Blog, Social Media, or assorted Professionals, hence this page on Terms & Conditions is included within it. This page sets out the rights and responsibilities, of anyone using this website. It effectively forms a contract, between the website and the user.

Company Website Introduction

MDPL maintains this website, for your personal information, education and communication purpose. We request you to read the Terms & Conditions prior to browsing the Website. This website contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by MDPL / respective Trade Mark owners, and used / permitted by them. Please read these Website terms of use carefully, before using www.mohitdiamonds.com (hereinafter "Website"). The website is available for your use, only on the condition that you agree to the terms of use set forth below. If you do not agree to all of the terms of use, do not access or use our website. By accessing or using the website, you and also the entity you are authorized to represent ("you" or "your") signify your agreement to be bound by the terms of use.

User Eligibility

The Website is operated by MDPL or its nominated agencies and available only to entities and persons over the age of legal majority, who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Website.

What Is Mohit Diamonds Private Limited (Mdpl)?

MDPL is a leading brand, in the Gems & Jewellery Industry, distributing small & large polished diamonds and studded jewellery. It exports the products to the USA, the Middle East and Asia. All the contents of this website, are only for general information or use.

Modification Of These Terms Of Use

We reserves all the right to change any of the terms, conditions, and notices under which "The Service" are offered. You are responsible, for regularly reviewing these terms of use, including changes/modifications if any, incorporated by us from time to time. Your continued use of 'The Service' constitutes your Agreement to all such terms, conditions and notices.

Modification To 'the Service' Provided

We reserves all the right to Terminate/modify or discontinue, temporarily or permanently, 'The Service' (or any part of 'The Service') with or without notice to the user at any time and from time to time. 'The User' agrees that www.mohitdiamonds.com shall not be liable to the User or any third-party, for any modification or discontinuance of the Service.

Usage Of Site

Subject to the terms and conditions of this Agreement, MDPL hereby grants you a limited, revocable, non-transferable and non-exclusive license, to access and use of the website by displaying it on your internet browser, only for information purpose and not for any commercial use or use on behalf of any third party, except as explicitly permitted by MDPL in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph, without notice to you. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this website or any portion of it, unless expressly permitted by MDPL in writing. You may not make any commercial use, of any of the information provided on the website, or make any use of the website for the benefit of another business unless explicitly permitted by MDPL in advance. Any breach of this Agreement, shall result in the immediate revocation of the license granted in this paragraph without notice to you.

You shall not upload, distribute, or otherwise publish through this website any of the Content, information, or other material that –

  • Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
  • is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Indian law; or
  • includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; or
  • criminal or tortuous activity, including pornography, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; or
  • Using any information obtained from the MDPL website in order to harass, abuse, or harms another person;

Information Technology Act, 2000 - Compliance

Under Rule 3 of Rules made under IT Act, 2000 vide powers conferred by clause (zg) of sub-section (2) of section 87 read with sub-section (2) of section 79:

Users of computer resource not to host, display, upload, modify, publish, transmit, update or share any information that —

  • belongs to another person and to which the user does not have any right to;
  • 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;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate 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;
  • 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.

Technical Processing

In view of the global nature of the world wide web, the User understands and agrees that technical processing of tools of communication is (and may be) required to send and receive messages, to correspond / conform to the technical requirements of connecting networks, to correspond / conform to the limitations of The Service, or to correspond / conform to other, similar technical requirements.

Data Protection

www.mohitdiamonds.com is not responsible for any corruption, misguiding or missing of submitted Sensitive Personal Information. Sensitive Personal information supplied by user(s) on non-cofidential basis, during the use of website is governed by our privacy policy. Registration Information and certain other information about you are ownership of MDPL subject to our Privacy Policy.

Privacy Policy

Use of the www.mohitdiamonds.com Services is also governed by Our Privacy Policy which is incorporated into this Agreement by this reference.

Mdpl Disclaimer

Registration Information and certain other information about you are subject to our Disclaimer. For more information, see our Disclaimer Agreement some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to User.

Limitation Of Liability

The features and services on the website are provided on an "as is" and "as available" basis, and website hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. www.mohitdiamonds.com makes no representations or warranties about the validity, accuracy, correctness, reliability and stability, completeness of any product available on or through the website.

We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the www.mohitdiamonds.com Services or combination thereof.

We are not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any content you upload to the Website.

We will not be responsible for any incorrect or inaccurate content uploaded on the website or in connection with the www.mohitdiamonds.com services, whether caused by users of the Website services or by any of the equipment or programming associated with or utilized in the Website services.

Any product image downloaded or otherwise obtained through the website is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. We are not responsible for the conduct, whether online or offline, of any User of the website. All conditions, terms, representations and warranties relating to the www.mohitdiamonds.com Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under Indian laws.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Website Services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim.

We are not involved in any transaction between any parties who are using our website. There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User. The website is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Users, nor does the Website screen or/and censor or/and otherwise control the Users of its service. We cannot and do not control the behavior of the participants on this website. We cannot control whether or not Users of Website will complete the transactions they describe on our website. It is extremely important that the user takes care throughout his dealings with other people on this website.

Under no circumstances shall we be held liable for an delay or failure or disruption of the content or services delivered through the website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

We shall not be held liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

  • The use or the inability to use the website;
  • Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the website;
  • Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
  • Unauthorized access by third parties to data or private information of any User(s);
  • Statements or conduct of any User(s) of the website; or
  • Any matters relating to Premium Services however arising, including negligence.

Availability Of A Product / Or A Service

Despite the fact; that this website may be accessed from locations where we do not do business, we do not represent that we are doing business in those locations, or that its services or products will be available in any particular state, country or jurisdiction. This website is not targeted to such users in said locality. By accessing the Website; you agree and understand that anything contained therein will not be used to establish personal jurisdiction over us; in locations where we are not currently doing business.

Intellectual Property Rights Policy

You may not allocate, distribute, or reproduce in any way any copyrighted material, Designs, trademarks or other Intellectual proprietary Information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of www.mohitdiamonds.com to terminate Membership privileges of any Member who once infringes the copyright rights of others upon receipt of prompt notification to www.mohitdiamonds.com by the copyright owner or the copyright owner's legal agent/Advisor. Without limiting the foregoing, if you believe that your work has been copied and posted on the www.mohitdiamonds.com Services in a way that constitutes copyright infringement, please provide us with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the www.mohitdiamonds.com Services;
  • your address, telephone number, and email address;
  • a written 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;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
    1. The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding the Website;
    2. You are prohibited from violating or attempting to violate the security of the Website, including without limitation accessing data not intended for you, logging into a server or account which you are not authorised to access, probing, scanning or testing the vulnerability of a system or network utilized by the Website, breaching the security or authentication measures adopted by us for the Website and interfering with the access to or use of the Website by other users;
    3. Your breach of the T&Cs, including without limitation Clause (2) above, will hold you liable;
    4. By using the website, you are confirming that you have completed age of 18 years;
    5. Your right to use the website through password is not transferable or assignable.

Indemnity

You "The User" comprehend and agree to indemnify and hold MDPL and its parents, affiliates, officers and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Website Agreement or any other provision of the Agreement, or the infringement or misappropriation by the User, or a third party using User's computer, account or password to access and/or use the services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the User or third parties of User's passwords or accounts, or your violation of any rights of another.

Termination

This Agreement shall remain in full force and effect while you use the website. However, we reserve the right to terminate access to certain areas or features of the website at any time for any reason, with or without notice.

We also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect our interests and/or other visitors to the website. We reserves the right to limit, deny or create different access to the website and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice. We withhold the right to temporary or permanent termination of any user for any of the following reasons:

  • If it raises query that the user(s) have provided any false information in connection with the member account to the Website, or are engaged in fraudulent or illegal activities.
  • The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of website.
  • Utilize website to send spam messages or repeatedly publish the same product information.
  • Post any material to members that are not related to international trade or business cooperation.
  • Impersonate or unlawfully use another companies name to post information or conduct business of any form
  • Impersonate or unlawfully use another companies name to post information or conduct business of any form

Association / Links To Third Party

The Website contains links to third party websites "Linked Sites" ("Affiliates" / "Partner Sites"). These Linked websites are not under the control of MDPL and MDPL is not responsible for the products of any Linked website, including without limitation any link contained in a Linked website, or any changes or updates to a Linked website. MDPL is not responsible for web casting or any other form of transmission received from any Linked website nor is MDPL responsible if the Linked Site is not working appropriately.. MDPL is through its website is providing these links to you, for your convenience, and the inclusion of any link does not imply any endorsement by us of the website. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked websites.

Notice

All notices or demands to or upon website shall be effective if in writing and shall be duly made when sent to Mohit Diamonds Private Limited having addressed at:-

BC-7011, 7th Floor, Tower "B" Central Block
Bharat Diamond Bourse, G Block,
Bandra Kurla Complex, Bandra (E),
Mumbai – 400051. MAHARASTRA INDIA

All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to www.mohitdiamonds.com , or by posting such notice or demand on an area of the website that is publicly accessible without a charge. Notice to a User(s) shall be deemed to be received by such User(s) if and when website is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon website's posting such notice on an area of the website that is publicly accessible without charge.

Feedback

The thoughts written or reviews posted by users are of them and not moderated by us. We reserve our rights to remove the same from the Website

Grievance Officer

In accordance with Information Technology Act, 2000 and The Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the name and contact detail of the Grievance Officer is provided below:

Mr. Kalpesh Zalavadiya
Mobile no: + 91 95-58-297256

Governing Law And Dispute Resolutions

This Agreement shall be governed by and construed in accordance with Indian Law and you hereby submit to the exclusive jurisdiction of the Mumbai Courts.

Non-waiver

Any forbearance or failure by us to enforce a provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.

Severability

If any provision(s) of the Agreement is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Statute Of Limitations

User and www.mohitdiamonds.com agree that any cause of action arising out of or related to these Services must commence within one (1) month after the cause of action arose; otherwise, such cause of action is permanently barred. If you do not agree with any of our Terms of Uses mentioned above please do not read the material on any of our pages or do not accept our services.

Entire Agreement

These Terms of Use set forth the entire understanding and agreement between you and Mohit Diamonds Private Limited with respect to the website. You acknowledge that any other agreements between you and Mohit Diamonds Private Limited with respect to the website are superseded and of no force or effect.

Date Last Modified
These Terms of Use were last modified 28 January, 2020.