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Overview

This website - https://www.zodiacgemstones.com - is operated by Zodiac Gems. Throughout the site, the terms “we”, “us”, “our”, “website” and/or “platform” refer to 'Zodiac Gems' as a single binding entity. Zodiac Gems offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Zodiac Gems and https://www.zodiacgemstones.com provide their services to you subject to the following Terms and Conditions. By visiting our site and/or purchasing something from us, you engage in our “service” or “services” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”, and/or “Terms and Conditions”, “Agreement”), including those additional Terms and Conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of zodiacgemstones.com (herein referred to as “the user”, “user”, and/or “you”), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using the website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the Terms and Conditions of this Agreement, then you cannot access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. This Terms and Conditions Agreement is an electronic contract that legally binds Terms and Conditions of your use of the website and its services.

You agree to inform us of your subsequent disability to enter into any contract, which shall entitle us to change/restrict/terminate this Terms and Conditions Agreement at our sole discretion at any time. You also agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Terms and Conditions Agreement.

Section 1 - Online Store Terms and Eligibility

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. Minors/underaged individuals are prohibited from using this website. This website and its services are available and should be accessed by only individuals who can form legally binding contracts under applicable laws of India and/or the country of their residence. Use of the website constitutes and warrants that the user has the legal capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

You cannot use our products for any illegal or unauthorised purpose, nor can you, in use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature to the website. A breach or violation of any of the terms will result in an immediate termination of your services.

This Agreement will remain in full force and effect while you use the website/service and/or are a member/subscriber of the website and its services. You may terminate your membership/subscription at any time by writing an email to Zodiac Gems at info@zodiacgemstones.com or by contacting us through phone

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including payment/credit card information), may be transmitted unencrypted and involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks and/or devices. Simultaneously, the website uses secure payment methods and transmits the information through encrypted channels to the best of its ability.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the services, use of the services, or access to the services or any contact on the website through which the services are provided, without express written permission by us.

The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete and/or more timely sources of information. Any reliance on the material on this site is at your own risk.

Section 4 - Modifications to the service and prices

Prices of all the products and services on the website are subject to change without notice. We reserve the right at any time to modify or discontinue the services (or any part or content thereof) without notice at any time. We shall not be liable to you for any third-party for any modification, price change, suspension or discontinuation of any product or service.

Section 5 - Products or Services (If Applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Exchange and Refund Policy. We have made every reasonable effort to display as accurately as possible the colors and images of our products that appear on the website. However, we cannot guarantee that your computer monitor/screen will display any of those colors accurately and in matching with the actual color of the products in real life or to the eye.

We reserve the right, but are not obligated, to limit the sales of our products and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

Descriptions and pricing of all products and services are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.

We do not warrant that the quality of any products, services, information and/or other materials purchased or obtained by you through us will meet your expectations to the fullest extent, or that any errors in the service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, and/or per order. These restrictions may include orders placed by or under the same customer account, the same credit/debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you via. E-mail, post mail, and/or phone number provided at the time you placed an order with us or registered at the website. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers and/or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at the website. You agree to promptly update your account and other information, including your email address and credit/debit card information and expiration dates, so that we can successfully complete your transaction(s) and contact you as needed.

Your privacy is important to Zodiac Gems and we put in all efforts to safeguard your information with state of the art technology and security measures. All your information and your use of the website and its services are governed by our Privacy Policy, which is designed to advise you on important disclosures about your data collection and its use on the website.

Section 7 - Unauthorized Usage and its Repercussions:

This website - https://www.zodiacgemstones.com - is for personal use only and may not be used for any other purposes (including use in connection with any commercial endeavours, providing links to other websites etc.) unless expressly permitted by us. Using this website for other purposes without explicit approval from Zodiac Gems is prohibited. Unauthorized use will be investigated and appropriate legal action will be taken against the user including without limitation, civil, criminal, and injunctive redress. Further Zodiac Gems 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 interest @50% of such profit/revenue/benefit by unauthorized use of this site.

Privity of Membership: Your membership is strictly for personal use only. It cannot be transferred, assigned, or licensed to any third party or to be used by any other person or entity.You may authorize other persons to use your membership, in which case the terms and conditions of this entire agreement will be applicable to both you and the authorized user

Section 8 - Third-Party Tools/Softwares and Links

We may provide you with access to third-party tools/software over which we neither monitor or have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party tools/software. Any use by you of these tool(s)/software(s) offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which these tools/softwares are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products and services available via the website may include materials from third-parties. Third-party links on the website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party website(s), and we do not warrant and will not have any liability or responsibility for any third-party content, or for any other materials, products, or services from such sources. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction(s). Complaints, claims, concerns, or questions regarding third-party products should be addressed directly to them.

Indemnification

You agree to indemnify and hold Zodiac Gems, its affiliates, officers, agents, subsidiaries, employees, and all other associated personnel/companies/entities harmless from any liability/loss, claims and/or demands, including attorney’s fees made by any third-party due to or arising out of your use of the website, its products and/or services in violation of this Agreement and/or arising out of breach of this Agreement and/or any breach of your representations and warranties set forth in this entire Agreement.

Section 9 - User Comments, Feedback, and Other Submissions and Correspondence

If you send/share/submit certain specific data/input/content (including but not limited to contest entries, creative ideas, suggestions, proposals, plans, or other such materials etc.) with or without request from us, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward/share/submit to us.

You cannot provide false or misleading information to the website and incase any information provided by you subsequently becomes inaccurate or misleading you will promptly notify Zodiac Gems of such change. We reserve the right to verify the authenticity of any data/input/content submitted or posted on the website by you for which we may ask you to provide evidence in support of your submission.

The website reserves the right at its sole discretion/judgement to review and delete any of your data/input/content, including but not limited to profiles, pictures, messages, and/or memberships (collectively, ‘post’ or ‘posts’) that it may find in violation of the Agreement. In such cases no refunds will be issued if applicable.

We are and shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments. We may, but have no obligation to, monitor, edit, and/or remove content that we determine is, at our our sole discretion, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene and/or otherwise objectionable or violates any party’s intellectual property or these terms of service. You agree that your comments will not violate any right of any third-party, including but not limited to copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, and/or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website and/or any other related website(s). You cannot use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy on this website and/or any other related website(s). We take no responsibility and assume no liability for any comments posted by you or any third-party.

You are solely responsible for the data/input/content that you publish or display on the website, and/or transmit to other members of the website. You cannot share/transmit to other members any ‘prohibited’ data/input/content, including but not limited to profane, defamatory, harassing, inaccurate, offensive, abusive, obscene, threatening, illegal, sexually oriented, racially offensive, and/or any material infringes or violates another party’s rights. Zodiac Gems reserves the right to remove any such content without explanation/reason or notice to the user.

Following is a partial list of the prohibited data/input/content that you cannot post on the website. Content that:

  • is false, misleading, or promotes or provides information against any and every sort of illegal activities, including but not limited to terrorist activities or activities against national security or interest such as making or buying illegal weapons, chemicals or any other such materials, providing or creating computer viruses, hacking, violating privacy of other individuals or groups, etc.
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from such individuals;
  • uses, displays, or promotes unauthorized/illegal copy of copyrighted work, including but not limited to pirated content of all kinds such as images, audio, videos and/or computer programs;
  • is patently offensive to the online community, which includes but is not limited to promoting racism, hatred, physical harm, or sexual harassment of any kind against any group or individual;
  • is offensive to online community, which includes but is not limited to racism, hatred, harassment, and/or physical or psychological harm against any group or individual;
  • solicits sensitive personal information of other users and/or the website for commercial or unlawful purposes;
  • engages in unauthorized commercial activities and/or sales against the website including but not limited to advertising, schemes, contests etc.
  • involves the transmission of “spam mail”, “spamming”, “junk mail”, “chain letters”, or any other such activity that disrupts the functioning of the website and its services in any way possible.

By submitting your posts to the website, you agree to automatically grant Zodiac Gems, its affiliates, licensees, and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and/or 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 for the foregoing. You further represent and warrant that public posting and use of your content by Zodiac Gems will not infringe or violate any rights of any third party.

Reliance on content, opinions, statements, offers, recommendations, or other information or content made available through the website/services, by other respective authors but not directly by the website, is not recommended. Such authors are solely responsible for the content they have posted on or through the website. Zodiac Gems cannot guarantee accuracy or completeness of any information posted by such authors, and cannot accept responsibility, endorse, or adopt for the accuracy or reliability of any opinion, statement, or advice made by such authors and/or any third party that appears on the website.

Under no circumstances will Zodiac Gems or any of its affiliates be responsible for any loss or damage results from your reliance on information or other content posted on the website or transmitted to or by such authors and/or other members on the website. It is advisable that you always visit a certified professional for any such advice, recommendation, or information as Zodiac Gems cannot be responsible for any loss of damage resulting from your reliance on such information.

Zodiac Gems reserves the right to investigate and terminate your membership without refund and all/partial rights to your usage of the website if you are found misusing the service or behaving in unlawful, illegal, and/or inappropriate manner. Following is a partial list of the type of actions prohibited on the website:

  • Using the website and/or its services for any unlawful purpose whatsoever;
  • Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
  • Collecting or tracking personal information of others;
  • Spamming, phishing, pharming, pretexting, or using any robot, spider, crawl, scrape, site search/retrieval application, or other manual or automatic devices or processes to retrieve, index, “data mine”, or in any way reproducing or circumventing the navigational structure or presentation of the service/website and/or its content;
  • Posting, distributing, and/or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining explicit permission of the owner of such material/content;
  • Sending prohibited (as listed above under list of prohibited content) input/data/content to other members of the website;
  • Impersonating any individual or entity;
  • Harassing, abusing, insulting, harming, defaming, slander, disparaging, intimidating, or discriminating based on gender, secual orientation, religion, ethnicity, race, age, national origin, or disability;
  • Submitting false or misleading information;
  • Expressing or implying that your content/input/data or any statements you make are endorsed by Zodiac Gems without written authorization/consent;
  • Forging headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the service or the website;
  • Removing any notices in the service/website related to copyright, trademark, or other proprietary rights notices;
  • Uploading or transmitting viruses or any other type of malicious code, files, or programs designed to may be used in any way to interrupt, destroy, limit the functionality of any computer software or hardware/equipment, or that will affect the functionality or operation of the service/website or of any related website, other websites, or the Internet;
  • Interfering with or disrupting the services of the website, or the networks connected to the services of the website, or the website in whole;

You cannot sublicense, sell, modify, translate, adapt, reverse engineer, decompile, decipher, or otherwise disassemble any portion of the service/website or any software used on the or for the service/website or cause other users to do so.

Dealing with Advertisers - Any of your correspondence, business dealings, or participation in promotional activities of advertisers through the website, including but not limited to payment, delivery of goods/services, terms, conditions, warranties, and/or representations associated with such dealings, are solely between you and such advertisers, and Zodiac Gems is not going to 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 website/service.

Section 10 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on the website or in the services/communication provided to you by the website that may contain typographical errors, inaccuracies, and/or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order and made payment) if any information in the service or on any related website is inaccurate.

We undertake no obligation to update, amend or clarify any information in the service or any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or any related website has been modified or updated.

Section 11 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, and/or error-free.

We do not warrant that the results that may be obtained from the use of the service or this website will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time,with or without notice to you.

You expressly agree that your use of, or inability to use, the service/website is at your own risk. This contract strictly limits our liability and is not construed in any way or manner to provide warranties for the service/website. This contract limits your remedies. The service and all products are services delivered to you through the website/service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Any material downloaded or otherwise obtained through the use of the service/website 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 may result from the download of any such material.

You expressly understand and agree that in no case or manner shall Zodiac Gems, its proprietor(s), its partners, its owner(s), its directors, its officers, its employees, its affiliates, its agents, its contractors, its interns, its suppliers, its service providers, or its licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, exemplary or consequential damages of kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service/website or any products procured using the service/website, any goods, data, information obtained from the website/service or for any other claim related in any way to your use of the service/website or any products, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via. the service/website, even if advised of their possibility.

Notwithstanding anything to the contrary contained in this Terms of Service Agreement, our 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 us for the service during the term of membership.

Proprietary Rights

Zodiac Gems is the sole and exclusive owner and retainer of all the proprietary rights in the website - https://www.zodiacgemstones.com - and its services. All the materials contained in the website, including but not limited to, copyrighted material, trademarks, and other proprietary information of Zodiac Gems and its licensors, solely belongs to Zodiac Gems, with exception to information that is in the public domain or for which you have been given permission to use. You cannot copy, transmit, distribute, publish, display, perform, modify, and/or sell any of the information on the website unless you have been given explicit written permission by Zodiac Gems. Any such act or an attempted act on your part shall constitute a violation of this Agreement resulting in immediate termination of your membership/subscription forthwith by Zodiac Gems without any applicable refund, and may even result in legal actions against you.

Gems. Any such act or an attempted act on your part shall constitute a violation of this Agreement resulting in immediate termination of your membership/subscription forthwith by Zodiac Gems without any applicable refund, and may even result in legal actions against you.

Section 12 - Indemnification

You agree to indemnify, defend and hold harmless Zodiac Gems and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of third-party.

Section 13 - Severability

In the event that any provision of these Terms and Conditions/Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 14 - Term and Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services/website, or when you cease using our services/website. If you terminate your membership/subscription, you will not be entitled to a refund, if any, of any unutilized subscription fees or access to digital content or reports purchased through Zodiac Gems. We reserve the right to terminate your membership/subscription without the requirement of any notice prior to terminating your membership/subscription. We will inform you about the termination of your membership/subscription by sending you a letter at the registered email address. If your membership/subscription is terminated as a result of breach of this agreement, you will not be entitled to a refund of any kind, including but not limited to any unused subscription fees. All decisions regarding the termination of your membership/subscription shall be made in our sole discretion without exceptions or reasoning. Termination of your membership/subscription will not affect the terms and conditions and this agreement will still remain in effect with you. All terms and conditions that by their nature may survive termination of this agreement shall be deemed to survive such termination.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services/website (or any part thereof).

Zodiac Gems may outsource any part of its services to any competent third party with or without disclosing it to you or any other person. However, your membership/subscription rights and responsibilities only continue as against Zodiac Gems and not against such third parties or organizations.

Section 15 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this website or in respect to the services constitutes the entire agreement and understanding between you and us and govern your use of the service/website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

This terms of service agreement contains the entire agreement between you and Zodiac Gems regarding your use of the website and its services. Any provision(s) of this agreement that may be held invalid for any reason shall not affect the validity of the remainder of this agreement and it shall continue in full force and effect.

You are obligated to report any misuse, abuse, or anything that is in violation of this agreement by other members or individuals in your notice, to Zodiac Gems by writing to us through the Contact Us page. Zodiac Gems may investigate and take immediate and strict action against the violators. However, on the contrary, if any false claim/complaint is made by a member, it will make such a member liable for termination of their membership without any applicable refund or credit against the remainder of the membership period.

Section 16 - Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Jaipur, Rajasthan, India. If there is any dispute about or involving the website and/or its services, by using this website, 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 Jaipur, Rajasthan, India only.

Section 17 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service at any time by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or its services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.