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Terms of Service

Zodiac Gems is the owner and operator of the website https://www.zodiacgemstones.com. Any references to "we", "us", "our", "website" and/or "platform" refer to 'Zodiac Gems' as one, binding entity. During your visit to our website, we may provide you with information, tools, and services available from this site, which you must accept, depending on your settings.

The following Terms and Conditions govern the provision of services by Zodiac Gems and https://www.zodiacgemstones.com. When you visit our site or purchase something from us, you are engaging in our Service ("Terms of Service", and/or "Terms and Conditions", and/or "Agreement"), including those additional Terms and Conditions and policies referenced herein and/or available by hyperlink. We apply these Terms of Service to all users of zodiacgemstones.com (herein referred to as "the user", "user”, and/or "your"), including without limitation users who are browsers, vendors, customers, merchants, and/or contributors.

We encourage you to carefully read these Terms of Service before accessing or using this website. When using the website and accessing any part of it, you agree to be bound by these Terms of Service. The use of the website or its services will not be possible if you do not comply with all of the Terms and Conditions of this Agreement. The acceptance of these Terms and Conditions shall be expressly limited to these Terms and Conditions.

The Terms of Service also apply to any features or tools added to the current store. This page will provide you with the most current version of the Terms of Service. Any part of these Terms of Service may be updated, modified, and replaced by posting an update or change here. It is the customers' responsibility to check here for updates." The Terms and Conditions of Your Use of the Website and its Services are a legal contract that is e-signed by you.

By entering into this Terms and Conditions Agreement, you agree to notify us of any subsequent disability that may affect your ability to enter into any contract, which shall entitle us to change, restrict, or terminate this agreement at any time in our sole discretion. This Agreement does not confer any rights on any third parties except as explicitly provided in this Agreement.

Section 1 - Online Store Terms and Eligibility

• When accepting these Terms of Service, you represent that you are at least 18 years of age in the state or province that you reside in.

• This website is not intended for minors or underage individuals. We recommend that only persons who are legally capable of forming legally binding contracts under applicable Indian laws and/or the laws in the country in which they reside should use this website and its services. 

• The use of this website constitutes and warrants that the user is legally competent to enter into this Agreement and comply with its terms and conditions.

• We prohibit the use of our products for illegal, unauthorized purposes, and you are strictly forbidden from violating any laws in your jurisdiction in connection with using the Service (including copyright regulations).

• We request that you do not spread any worms, viruses, or malicious code to our website. We will immediately terminate your services if you breach any of the terms.

• The Terms of Service remain in full force and effect whilst you use the website/service and/or are a member/user of it. Please contact Zodiac Gems at info@zodiacgemstones.com, if you wish to terminate your membership/subscription at any time.

Section 2- General Conditions

The company reserves the right to deny service to anyone for any reason at any time.

• Please be aware that your content (non-payment/credit card information), may be transmitted unencrypted and may involve:  (a) transmission over different networks;  (b) adjustments to conform and adapt to the technical requirements of connecting networks and devices. 

• Moreover, the website transmits all information through encrypted channels and utilizes secure payment methods in order to ensure cybersecurity.

• We prohibit the reproduction, copying, selling, reselling, and exploiting of any part of the services, use of the services or access to the services on the website through which the services are provided, without our express wrote permission.

• It is solely for convenience that headings are included in this Agreement and serve no other purpose than for reference.

Section 3 - Accuracy, Completeness, and Timeliness of Information

• We are not liable for the accuracy, completeness, or current nature of the information on this site. 

• As this site provides general information, not decision-making information, it is recommended that decision-makers consult primary, more accurate, more complete, and/or more timely sources of information before acting on the information provided on this site.

• It is your responsibility to determine the validity of the information on this site.

Section 4 - Modifications to the service and prices

• The pricing for all products and services on the website is subject to change without notice.

• Any part or content of the company's services (or this website in general) may be modified or discontinued without notice at any time.

• If a product or service is modified, it may be price changed, suspended, or discontinued without notice to you or any third party.

Section 5 - Products or Services (If Applicable)

• Some products or services may be available exclusively online through the website. There are limitations on the quantities of these products and they can only be returned or exchanged in accordance with our Exchange and Refund Policy. 

• The colors and images of our products were reproduced on our website with the greatest accuracy possible. We cannot, however, guarantee that your computer monitor or screen will display these colors correctly and in accordance with their actual appearance in real life or when viewed directly.

• It is our right, but not our obligation, to restrict the distribution of our products and services to individuals, geographical regions, or jurisdictions. Our right to exercise this right might vary from case to case. Our corporation reserves the right to limit the number of products or services that it offers.

• We reserve the right to change descriptions and prices of all our products and services at any time and without notice. 

• Products may be discontinued at any time by the company. Where prohibited, all offers for products and services made on this website are void.

• Please note that we cannot guarantee that the quality of the products, services, information, and/or other materials you obtain through us will satisfy your expectations to the fullest extent. Also, we will correct any errors with the service if they occur. 

Section 6 - Accuracy of Billing and Account Information

• Your order may be refused if we deem it to be in violation of our company policy. The quantity purchased per person, household, and/or order may be limited or canceled at our sole discretion. It is possible that these restrictions will apply to orders placed by or under the same customer account, a similar credit/debit card, and/or an identical billing address. We may attempt to notify you of a change to or cancellation of an order by email, postal mail, and/or telephone number provided when you placed an order with us or registered on our website. 

• If we suspect or determine that an order has been placed by a dealer, reseller, or distributor, we reserve the right to restrict or prohibit that order.

• If you make a purchase on the website, you agree to provide current, complete, and accurate information about yourself and your account. In order to successfully complete your transaction(s) and contact you as necessary, you agree to promptly update your account and other information, including your email address and credit/debit card information, and expiration dates.

• Zodiac Gems places great importance on your privacy and uses state-of-the-art technology and security measures to safeguard your information. Our Privacy Policy contains important disclosures about the collection and use of your data on the website and governs all information you provide us.

Section 7 - Unauthorized Usage and its Repercussions:

• This website - https://www.zodiacgemstones.com - is solely for personal use and may not be used for any commercial purpose (including providing links to other sites) unless we expressly allow it.

• Zodiac Gems does not approve the use of this website for other purposes without explicit consent. A violation of this policy will be investigated and appropriate legal action was taken against the violator including, without limitation, civil, criminal, and injunctive relief.

• The company reserves the right to recover from you, your successors, heirs, assigns, etc. any profit, revenue, benefit, etc., attributed to the use of this site by unauthorized users, with interest @50% of such profit/revenue/benefit.

• Privity of Membership: The membership is reserved for your own use only. There can be no transfer, assignment, or license to a third party or for use by any other person or entity. If you authorize another person to use your membership, the terms and conditions of this entire agreement will apply to you and them.

Section 8 - Third-Party Tools/Softwares and Links

You may be provided with access to third-party tools and software over which we have neither control nor input. As part of our agreement with you, we provide access to any tools "as is" and "as available" without any representations, warranties, or endorsements of any kind. In no event shall we be liable for any claim arising from or relating to your use of such third-party tools/software.

• The use of these tool(s)/software(s) offered through the site is entirely at your own risk and discretion. You must ensure you understand and agree to the terms on which these tools/software are provided by the relevant third-party provider(s).

• The website may also offer new services and/or features in the future (including the release of new tools and resources). These Terms of Service will also apply to such service enhancements and new features.

• The website offers certain content, products, and services that may contain third-party materials. The website may contain third-party links that take users to websites not affiliated with us

• No responsibility is assumed by us for examining or evaluating the content or accuracy of any third-party website(s), and we disclaim any responsibility for third-party content, or for any products or services obtained from such sources.

• In conjunction with making purchases, using resources, or making other transactions on a third-party website, we disclaim any responsibility for harm or damage resulting therefrom. It is advisable that you carefully examine the policies and practices of third parties to make sure you understand them before you engage in a transaction(s). Please direct any concerns, claims, or questions you have regarding third-party products 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.

• Zodiac Gems does not allow you to provide false or misleading information to the website, and in case any information on the website becomes inaccurate or misleading, you will promptly inform Zodiac Gems. Whenever data, input, or content is submitted or posted to our website by you, we reserve the right to verify its authenticity, for which we may request proof of your submission.

• Any information, data, or content you submit or post on the website, including but not limited to profiles, pictures, messages, and/or memberships (collectively, "posts") that the website deems in violation of the Agreement may be reviewed and deleted. There will be no refunds in such cases.

• There is no obligation on our part: (1) to keep any comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments.

• Monitoring, editing, and/or removing content at our sole discretion that we deem to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or in any way objectionable may be our right, but not our obligation.

• Any comments you contribute will not infringe on the rights of third parties, including but not limited to the copyright, trademarks, privacy, personality, or other legal rights.

• In addition, you agree that your comments will contain no libelous, or otherwise unlawful, abusive, or obscene material, or any computer virus or malware that could in any way affect the operation of the website and/or any other related website(s).

• We and third parties cannot be misled as to the origin of any comments as a result of using false e-mail addresses, pretending to be someone else, or otherwise misrepresenting them.

• The comments you provide on this website and/or any other related website(s) are solely your responsibility. We are not responsible or liable for any comments posted by you or anyone else. The data, input, and content you publish or display on the website, and/or transmit to other members, are solely your responsibility. 

• The sharing/transmitting of any prohibited data, input, or content, including but not limited to profane, defamatory, harassing, inaccurate, offensive, abusive, obscene, threatening, illegal, sexually, or racially offensive material: is prohibited. A person found to be an infringer of the Zodiac Gems terms of service may be removed from the site without notification or explanation.

Here's a partial list of what you cannot post on the site, including data, input, and content:

1. It includes everything from false, misleading, or spreading information about illegal activities to promoting those illegal activities, including not limited to terrorist attacks, domestic terrorist acts, the development of computer viruses, hacking, or violating the privacy of other individuals, groups, or entities.

2. The material exploits youths under the age of 18 in a sexual or violent manner, or requests personal information from them;

3. Material that displays, discusses, or promotes illegal or unauthorized copies of copyrighted material, including but not limited to pirated videos, audio, images, and/or computer programs;

4. A person or group who does something that violates the spirit of the online community, including but not limited to promoting racism, hatred, physical harm, or sexual harassment;

5. Any action that is offensive to the online community, such as racism, hatred, discrimination, harassment, or a physical or psychological injury to a group or individual;

6. Any information solicited from other users or the site for commercial or unlawful uses;

7. Advertising, schemes, contests, and other forms of solicitation that unlawfully engage in commercial activities against the website.

8. This includes sending out "spam mail", "spamming", "junk mail", "chain letters", or any other activity that disrupts the website's functionality in any way.

• 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 sub-licenses 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.

• We do not recommend relying on content, opinions, statements, offers, or recommendations made available through our website/services by other authors if they are not made directly by our site. The content that these authors post on or through the site is solely their responsibility. We do not guarantee the accuracy, completeness, or suitability of information posted by these authors on their websites, nor do we endorse or accept responsibility for the accuracy or reliability of anything posted on their website by these authors and/or third parties.

• Zodiac Gems and any of its affiliates will not be liable for any loss or damage resulting from your reliance on information or other content posted on the website or transmitted to or by such authors and/or other members. Please seek the advice of a qualified professional for any such advice, recommendation, or information. Zodiac Gems cannot be held responsible for any damage you may suffer from relying on such information.

• If you violate the terms of the service or behave in an unlawful, illegal, or inappropriate manner, we reserve the right to terminate your membership without refund and all/part of your rights to use our website. 

The following list summarizes the type of actions that are prohibited on the site:

1. Engaging in any unlawful activity on the website and/or through its service;

2. Defying any international, federal, provincial, or state rules, laws, or local ordinances;

3. Monitoring or collecting other people's personal information;

4. Using spam, phishing, pharming, pretexting, or any automatic or manual process to retrieve, index, "data mine", or in any way reproducing or circumventing the navigational structure of and/or presentation of the website;

5. 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;

6. By sending other members of the website any input/data/content that is prohibited (as listed in the list of prohibited content above);

7. A person or entity impersonating another;

8. An individual who harasses, abuses, insults, harms, defames, slanders, disparages, intimidates, or discriminates based on their gender, gender identity, sexual orientation, religion, nationality, ethnicity, age, or disability;

9. Falsifying or misrepresenting information;

10. By expressing or implying that your content, input or data, or any statement you make has the approval or support of Zodiac Gems without permission/consent in writing;

11. Falsifying headers or manipulating any identifier to mask the origin of any information transmitted through the service or website;

12. Disabling notices about copyright, trademarks, or other proprietary rights in the service/website;

13. Inadequate handling of viruses or any other type of malicious code, files, or programs used in any way to interrupt, destroy, limit the functionality of hardware, software, or to affect the functionality of the website/service or other websites related to the website or the Internet;

14. Attempting to interfere with or disrupt the services of the website, the networks that connect to it, or the website in its entirety;

 • The service/website and any software used on it or for it cannot be sublicensed, sold, modified, translated, adapted, reverse engineered, decompiled, deciphered, or otherwise disassembled by you or anyone else.

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 are 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

Please be aware that sometimes there may be typographical errors, inaccuracies, or omissions in the information on the website or in communications provided to you by the website, which may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. 

• If any information in the Service or on any related website is inaccurate, we reserve the right to make corrections, update information or cancel orders at any time without prior notice (including after you have submitted your order and paid).

• Our company makes no commitment to update or amend the information included in the service or related websites, including pricing information, except to comply with applicable law. 

• The absence of any specified update or refresh date in the service or on any related website should not be construed as an indication that any information in the Service or any related website has been modified or updated.

Section 11 - Disclaimer of Warranties; Limitation of Liability

Please be aware that we do not guarantee, represent or warrant that the use of our service will be uninterrupted, timely, secure, or error-free.

• This website and its services do not guarantee accurate or reliable results.

• It is understood and agreed that we may, from time to time, temporarily or permanently, remove the service or cancel the service without prior notice.

• It is explicitly agreed that your use of, or inability to use, the website/service is at your own risk. We have strictly limited our liability in this contract, and we are not providing warranties in any way or manner. Your remedies are limited by this contract. 

• 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. 

• The material you download or otherwise gain access to through the service or website is accessed at your own risk, and any damage to your computer system or data loss that may result will be your responsibility.

• 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.

• We will at no time be liable for any cause whatsoever, and regardless of the form, other than for the fees paid for the services during the term of your membership by you.

Proprietary Rights

The website, https://www.zodiacgemstones.com, as well as all its services and functionality, are owned by Zodiac Gems. Zodiac Gems owns all rights to the materials deemed to be on the website, including, but not limited to, copyrighted material, trademarks, and other proprietary information, with the exception of material that is in the public domain or for which you have been given permission. The data on this website may not be copied, transmitted, distributed, published, displayed, performed, modified, or sold unless Zodiac Gems has explicitly given you written permission to do so. In the event that you commit or attempt any acts in violation of this Agreement, Zodiac Gems may immediately terminate your membership/subscription without any refund and may even sue you for damages.

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

The unenforceable portion of these Terms of Service shall be considered to be severed from these Terms and Conditions/Terms of Service in the event that any provision is deemed to be unlawful, void, or unenforceable; such determination shall not affect the validity and enforceability of any remaining provisions.

Section 14 - Term and Termination

• Prior to the termination date, the parties' obligations and liabilities shall continue in full force and effect. We may terminate these Terms of Service at any time unless and until either you or we notify us of termination.

• If you decide not to continue using our services/website, you can terminate these Terms of Service at any time by notifying us in advance. In case of termination of membership or subscription, you will not receive any refund or access to the digital content or reports purchased through Zodiac Gems. 

• The right to terminate your membership/subscription is reserved without the need for any prior notice. An email will be sent to the registered email address informing you of the termination of your membership/subscription.

• You will not be eligible for a refund if your membership/subscription is canceled due to a breach of this agreement. This includes but is not limited to unused subscription fees. We reserve the right to make all decisions regarding the termination of your membership/subscription without exception or explanation. 

• Your membership/subscription will not be affected by termination; this agreement will still apply to you after termination.

• In the event of termination of this agreement, all provisions which by their nature are likely to survive such termination shall be deemed to have survived.

• If in our sole judgment 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).

• We will never disclose to you or anyone else any parts of our services that we outsource to any competent third party. However, members/subscribers' rights and responsibilities are only against Zodiac Gems, not against any third parties or organizations.

Section 15 - Entire Agreement

• A waiver of any right or provision of these Terms of Service shall not be construed as a waiver of such right or provision.

• You agree that these Terms of Service and any policies or operating rules posted by us on this website or in relation to the services constitute any and all 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). The drafting party shall not be held liable for any ambiguities in these Terms of Service.

• This Terms of Service agreement outlines the entire agreement between you and Zodiac Gems in relation to your use of the website and its services. The invalidity of any provision(s) in this agreement shall not affect the validity of the remainder of this agreement, which will remain in full force and effect.

• Please notify Zodiac Gems by writing through the Contact Us page if any misuse, abuse, or other violations of this agreement are found in your notice. The company may investigate and take immediate and strict action against the violators. As opposed to this, any false claim or complaint made by a member will make such a member liable for terminating their membership without any refund or credit applied to the balance of their membership.

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

This page provides access to the most current version of our Terms of Service. The Company reserves the right to update, change, or replace any part of these Terms of Service at any time by posting updates and changes on the company website. You are responsible for checking our website for updates on a regular basis. Any changes to these Terms of Service that you continue to access or use following their posting will constitute your acceptance.