Welcome to Omkargems.com. Omkargems.com
provide its services to you subject to the following terms & conditions. If
you use , visit , or register as a member of the website , you accept these
conditions. Please read them carefully. The Terms of Use are subject to change
by Omkargems.com at any time, effective upon posting on the Omkargems.com
website, and your use of the Website or the Service after such posting will
constitute acceptance of you of such changes.
1.
Electronic Agreement
This Agreement is an electronic
contract that sets out the legally binding terms of your use of the Website and
your membership in the Service. By accessing the website or becoming a member,
you consent to receive communications from us electronically and accept this
agreement and agree to the terms, conditions, notices, and disclosures
contained or referenced herein.
2.
Privacy
Your privacy is very important to
us. Use of the Website and/or the Service is also governed by our Privacy
Policy. We designed our Privacy Policy to make important disclosures to you
about how we collect and use the information you post on the Website. Please
review it to understand our practices.
You agree to inform Omkargems.com
your subsequent disability to enter into any contract. Subsequent, disability
shall entitle Omkargems.com to restrict/ change/ terminate this agreement at
its own discretion.
3.
Eligibility
The Services are available only to
individuals who can form legally binding contracts under applicable laws of
India and the country of their residence. Without limiting the foregoing, the
Services are not permitted to be used by minors (which means, in most
jurisdictions, those under the age of 18) or temporarily or indefinitely
suspended Omkargems.com members. Your use of the Omkargems.com website
represents and warrants that you have the right, authority, and capacity to
enter into this Agreement and to abide by all the terms and conditions of this
Agreement.
4.
Non-Commercial Use
The Omkargems.com Website is for the
personal use of individual members, and cannot be used in connection with any
commercial endeavors, unless registered and approved as an ‘Affiliate’ of Omkargems.com.
The commercial endeavours include providing links to other web sites, whether
deemed competitive to Omkargems.com or otherwise. Illegal and/or unauthorized
uses of the Webite, including unauthorized framing of or linking to the Website
will be investigated, and appropriate legal action will be taken, including
without limitation, civil, criminal, and injunctive redress. Omkargems.com
shall be entitled to recover from you, your successors, heirs, assigns, etc.
any profit, revenue, benefit, etc., which you have gained/ received, expected
or going to receive with penalty @ 50% of such profit/ revenue/ benefit by
unauthorized use of this site.
5.
Privity Of Membership
Your Membership is only for personal
use. It is not to be assigned, transferred or licensed so as to be used by any
other person/entity. Members are advised to make appropriate/thorough enquiries
before acting upon any service advertisement. Our Website does not vouch for or
subscribe to the claims and representations made by advertisers. Kindly note
that your membership at Omkargems.com is for your sole, personal use. You may
not authorize others to use your membership and you may not assign or transfer
your account to any other person or entity.
6.
Term
This Agreement will remain in full
force and effect while you use the Website and/or are a Member. You may
terminate your membership and/or subscription at any time by informing Omkargems.com
in writing to terminate your membership. If you terminate your subscription,
you will not be entitled to a refund of any unutilized subscription fees or
access to digital content or reports purchased through Omkargems.com. Omkargems.com
may terminate your membership and/or subscription by sending notice to you at
the email address you provide in your application for membership, or such other
email address as you may later provide to Omkargems.com. If Omkargems.com
terminates your membership in the Service because you have breached this
Agreement, you will not be entitled to any refund of unused subscription fees.
All decisions regarding the termination of accounts shall be made in the sole
discretion of Omkargems.com. Omkargems.com is not required to provide you
notice prior to terminating your membership and/or subscription. Omkargems.com
is not required, and may be prohibited, from disclosing a reason for the
termination of your account. Even after your membership or subscription is
terminated, this Agreement will remain in effect. All terms that by their
nature may survive termination of this Agreement shall be deemed to survive
such termination.
7.
Right To Form Consortium/Associates
While providing services, Omkargems.com
may outsource any part thereof to any competent person or organization, with or
without disclosing it to you. However, your membership rights and
responsibilities continue as against Omkargems.com only and not against such
persons or organizations.
8.
Proprietary Rights
a) Omkargems.com owns and retains
all proprietary rights in the Omkargems.com website and the Omkargems.com
Service. The Website contains the copyrighted material, trademarks, and other
proprietary information of Omkargems.com, and its licensors. Except for that
information which is in the public domain or for which you have been given
permission, you cannot copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information. Any such act or an attempted
act on your part shall constitute a violation of this Agreement and your
membership is liable to be terminated forthwith by Omkargems.com without refund
of any of your unused Subscription fees.
b) Reliance on Content, Advice,
Opinions, statements, offers, or other information or content made available
through the Omkargems.com Service or the Omkargems.com Website, but not
directly by Omkargems.com, are those of their respective authors, and should
not necessarily be relied upon. Such authors are solely responsible for such
content. Omkargems.com does not: (i) guarantee the accuracy, completeness, or usefulness
of any information on the Service, or (ii) adopt, endorse or accept
responsibility for the accuracy or reliability of any opinion, advice, or
statement made by any party that appears on the Website. Under no circumstances
will Omkargems.com or its affiliates be responsible for any loss or damage
resulting from your reliance on information or other content posted on the
Website or transmitted to or by any Members. Any advice, opinions, or other
information or content provided directly by Omkargems.com through the Advice
Section, User Forum, or Community Forum should not necessarily be relied upon.
We recommend you to visit a certified professional for any such advice, option,
or information. Under no circumstances will Omkargems.com or its affiliates be
responsible for any loss or damage resulting from your reliance on information
or other content posted on the Website or transmitted to or by any Members.
9.
Content Posted By You
a) You are solely responsible for
the Content that you publish or display (hereinafter, "post") on the
Service or the Website, or transmit to other Members. You will not post or
transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane,
offensive, sexually oriented, threatening, harassing, racially offensive, or
illegal material, or any material that infringes or violates another party's
rights (including, but not limited to, intellectual property rights, and rights
of privacy and publicity). You will not provide inaccurate, misleading or false
information to the Company or to any other Member. If information provided to Omkargems.com,
or another Member, subsequently becomes inaccurate, misleading or false, you
will promptly notify Omkargems.om of such change. Omkargems.com reserves the
right to verify the authenticity of Content posted on the Site. In exercising
this right, Omkargems.com may ask you to provide any documentary or other form
of evidence supporting the Content you post on the Site. If you fail to produce
such evidence, Omkargems.com may, in its sole discretion, terminate your
Membership without a refund.
b) You understand and agree that Omkargems.com
may review and delete any content, messages, photos or profiles (collectively,
"Content"), in each case in whole or in part, that in the sole
judgment of Omkargems.com violate this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety of
either Omkargems.com and/or its Members.
c) By posting Content to any public
area of Omkargems.com, you automatically grant, and you represent and warrant
that you have the right to grant, to Omkargems.com, its affiliates, licensees
and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, reproduce, adapt, modify and distribute
such information and content and to prepare derivative works of, or incorporate
into other works, such information and content, and to grant and authorize
sublicenses of the foregoing. You further represent and warrant that public
posting and use of your content by Omkargems.com will not infringe or violate
the rights of any third party.
d) The following is a partial list
of the kind of Content that is illegal or prohibited on the Website. Omkargems.com
reserves the right to investigate and take appropriate legal action in its sole
discretion against anyone who violates this provision, including without
limitation, removing the offending communication from the Service and
terminating the membership of such violators. It includes, but is not limited
to, Content that:
i) that is patently offensive to the
online community, such as Content that promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
ii) harasses or advocates harassment
of another person;
iii) involves the transmission of
"junk mail", "chain letters," or unsolicited mass mailing
or "spamming";
iv.) promotes information that you
know is false, misleading or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous;
v) promotes an illegal or
unauthorized copy of another person's copyrighted work, such as providing
pirated computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated images, audio
or video, or links to pirated images, audio or video files;
vi) contains restricted or password
only access pages, or hidden pages or images (those not linked to or from
another accessible page);
vii) provides material that exploits
people under the age of 18 in a sexual or violent manner, or solicits personal
information from anyone under the age of 18;
viii) provides instructional information
about illegal activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
ix) solicits passwords or personal
identifying information for commercial or unlawful purposes from other users;
and
x) engages in commercial activities
and/or sales without our prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
e) Your use of the Service,
including but not limited to the Content you post on the Service, must be in
accordance with any and all applicable laws and regulations.
f) You may not engage in advertising
to, or solicitation of, other Members. This includes but is not limited to
solicitation or advertising to buy or sell any products or services through the
Service or to attend parties or other social functions or networking for
commercial purposes. You may not transmit any chain letters or junk email to
other Members. Although Omkargems.com cannot monitor the conduct of its Members
off the Website, it is also a violation of these rules to use any information
obtained from the Service in order to harass, abuse, or harm another person, or
in order to contact, advertise to, solicit, or sell to any Member without their
prior explicit consent.
g) All information you include in
your Member profile must be accurate, current and complete.
10.
Prohibited Activities
Omkargems.com reserves the right to
investigate and terminate your membership if you have misused the Service, or
behaved in a way which could be regarded as inappropriate or whose conduct is
unlawful or illegal. The following is a partial list of the type of actions
that you may not engage in with respect to the Service:
a. You will not impersonate any
person or entity.
b. You will not "stalk" or
otherwise harass any person.
c. You will not send “abusive,
obscene, or sexually oriented” message(s) to other members.
d. You will not express or imply
that any statements you make are endorsed by Omkargems.com without our specific
prior written consent.
e. You will not use any robot,
spider, site search/retrieval application, or other manual or automatic device
or process to retrieve, index, "data mine", or in any way reproduce
or circumvent the navigational structure or presentation of the Service or its
contents.
f. You will not post, distribute or
reproduce in any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior consent of the owner of such
proprietary rights.
g. You will not remove any
copyright, trademark or other proprietary rights notices contained in the
Service.
h. You will not interfere with or
disrupt the Services or the site or the servers or networks connected to the
Services or the Website.
i. You will not post, email or
otherwise transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment.
j. You will not forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
information transmitted through the Service.
k. You will not "frame" or
"mirror" any part of the Service or the Website, without Omkargems.com's
prior written authorization. You also shall not use meta tags or code or other
devices containing any reference to Omkargems.com or the Service or the site in
order to direct any person to any other web site for any purpose.
l. You will not modify, adapt,
sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise
disassemble any portion of the Service or the Website or any software used on
or for the Service or cause others to do so.
11.
Disclaimer Of Warranties And Limitation Of Liabilities
YOUR USE OF THE OMKARGEMS.COM
SERVICE IS AT YOUR SOLE RISK
PLEASE NOTE THAT THIS CONTRACT STRICLY
LIMITS OUR LIABILITY AND OMKARGEMS.COM DOES NOT PROVIDE WARRANTIES FOR THE
SERVICE. THE CONTRACT ALSO LIMITS YOUR REMEDIES
a.) OMKARGEMS.COM AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.) ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
c.) LIMITATION ON LIABILITY: YOU
EXPRESSLY UNDERSTAND AND AGREE THAT OMKARGEMS.COM AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OMKARGEMS.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE
INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V)
ANY OTHER MATTER RELATING TO THE SERVICE.
d.) NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OMKARGEMS.COM LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OMKARGEMS.COM, FOR THE SERVICE
DURING THE TERM OF MEMBERSHIP.
12.
Modifications To Service
Omkargems.com reserves the right at
any time to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that Omkargems.com shall
not be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
13.
Disputes And Applicable Law
If there is any dispute about or
involving the Site and/or the Service, by using the Site, you unconditionally
agree that all such disputes and/or differences will be governed by the laws of
India and shall be subject to the exclusive jurisdiction of the Competent
Courts in Delhi, India only.
14.
Indemnity By You
You agree to indemnify and hold Omkargems.com,
its subsidiaries, affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or demand, including
reasonable attorney's fees, made by any third party due to or arising out of
your use of the Service in violation of this Agreement and/or arising from a
breach of this Agreement and/or any breach of your representations and
warranties set forth above.
15.
No Third Party Beneficiaries
You agree that, except as otherwise
expressly provided in this Agreement, there shall be no third party beneficiaries
to this Agreement.
16.
Dealing With Advertisers
Any of your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You
agree that Omkargems.com shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
17.
Other
This Agreement contains the entire
agreement between you and Omkargems.com regarding the use of the Website and/or
the Service. If any provision of this Agreement is held invalid, the remainder
of this Agreement shall continue in full force and effect. You are under an
obligation to report any misuse or abuse of the site. If you notice any abuse
or misuse of the site or anything that is in violation of this Agreement, you
shall forthwith report such violation to Omkargems.com by writing to Customer
Care. On receipt of such complaint, Omkargems.com may investigate such
complaint and if necessary may terminate the membership of the Member
responsible for such violation abuse or misuse without any refund of
subscription fee. Any false complaint made by a member shall make such member
liable for termination of his/ her membership without any refund of the
subscription fee.
Please contact customer service with
any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE
TO ALL OF THE PROVISIONS CONTAINED ABOVE.