1. Terms

By accessing this Website, accessible from https://dgems.biz, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials on D’Gems Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

Please read these terms of use carefully before using this this Mobile application and website. If you do not agree to this Terms of Use you may not use this Mobile application and Website. By using this Website, you signify your agreement to this Terms of Use as well as the Website’s Privacy Policy. This Terms of Use sets out the legally binding terms of the Services available on the Mobile application and Website well as at the terms of use of this Website. This Terms of Use along with the Privacy Policy extends to both users who visit the Mobile application and Website but do not transact business on the Mobile application and Website(“Users”) as well as users who are registered and are authorized by the Mobile application and Website to transact business on the Mobile application and Website(“Members”). The Company reserves the right to modify or terminate any portion of the Mobile application and Website or the Services offered by the Company for any reason, without notice and without liability to you or any third party. You are responsible for regularly reviewing the Terms of Use so that you will be apprised of any changes. Nothing in this Terms of Use should be construed to confer any rights to third party beneficiaries.

This Mobile application and Website provides access to trading, pricing, news and other information services related to Precious & Semi Precious Gemstones and jewellery. Certain Services available on this Mobile application and Websiteare for the use of Members only.

The Mobile application and Website will also feature the recommendations of a trained Gem & Jewellery consultant. Recommendations of the consultant are not guaranteed under any circumstances and the Company shall not be held liable for any loss and / or damage suffered by the Members who relied on such recommendation.
Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Sometimes the items may be represented larger than the actual size in order to clearly show details or smaller than the actual size in order to show the entire item.
REGISTRATION
All Users will be required to register on the Mobile application and Website and become Members prior to the completion of any transaction / purchase on the Mobile application and Website To register onto the Mobile application and Website the User will have to provide Personal Information (as defined in the Privacy Policy) and choose a user name and password.
Registration is only a one time process and if the Member has previously registered, he shall login / sign into his / her account. You will be required to provide us with your name and other details, including but not limited to, e-mail, contact number, contact address and customer verification question (example: your mother’s maiden name), which will be used for verification purposes.

Only registered Members can make purchases online. In the event of a User wishing to make the purchase, the User will be required to register with the Mobile application and Website after adding the item to the shopping cart.

All orders are considered complete only after the payment has been received by D’ Gems To confirm the orders, D’ Gems may at random, call up the Members who have placed orders through the Mobile application and Websiteand ask the Member a verification question.

D’ Gems will confirm the order only after the verification question is answered by the Member.
In the event the bank rejects to honor any payment transaction made by a Member towards an order, D’ Gems shall have the right to refuse to ship the order to the Member without any liability whatsoever.
PRODUCT AVAILABILITY
D’ Gems may not own some of the products listed on the Website. In such cases, D’ Gems only orders the products listed on the Mobile application and Website from third party traders and merchants after the confirmation of the order by the Member and delivers the same to the Member.
In such a scenario, there is a possibility that the item ordered by the Member might have been traded since the listing on the Mobile application and Website and might not be available at that point of time.
PRICING
Gemstone & Jewellery prices depend on various factors like Quality & Size of gemstones & diamonds, purity of metals, designing & manufacturing costs etc. All Can Edited by the people who are Posting it to sell on our Portal
SHIPPING & DELIVERY
D’ Gems is not Responsible for any kind of Shipping or Delivery of any kind of Order or product that posted on our portal. We are providing the platform for the people who are trading this business. They must mutually decide with each other how they will do the transaction of money and how they going to ship the products to each other, as neither or mobile application Nor our Portal take any kind of RISK and Responsibility in this Concern.

Delivery guarantee is subject to terms and conditions of the courier company or by the person to whom buyer contact , not us. .

TERMS & CONDITIONS OF USE OF THE MOBILE APPLICATION & WEBSITE
BY USING THIS MOBILE APPLICATION AND WEBSITEYOU REPRESENT AND WARRANT THAT:

You are 18 years of age or older and that your use of the Mobile application and Website / or Services shall not violate any applicable law or regulation.

All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.

Your membership is solely for your personal and non-commercial use. Any use of this Mobile application and Website or its content other than for personal purposes is prohibited.

Your personal and non-commercial use of this Mobile application and Website shall be subjected to the following restriction (i) you may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (ii) you may not decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Mobile application and Website in any manner that may be harmful to the operation of this Mobile application and Website or its content.

You will not (a) use any product or service available on the Mobile application and Website and / Services for commercial purposes of any kind.

You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Mobile application and Website / or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Mobile application and Website / or Services

You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” “phishing” and “griefing” as those terms are commonly understood and used on the Internet.

You will not delete or modify any content of the Mobile application and Website / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

D’ Gems cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Use, and, as between you and D’ Gems, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

All information, content and material contained in the Mobile application and Website / or Services are D’ Gems copyrighted property. All trademarks, services marks, trade names, and trade dress are proprietary to D’ Gems . No information, content or material from the Mobile application and Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the D’ Gems‘s express written permission.

You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by D’ Gems and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that D’ Gems is not responsible for those sites. D’ Gems serves the right to disable links from third-party sites to the Website, although D’ Gems is under no obligation to do so.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. THE INFORMATION, CONTENT AND MATERIALS ON THIS MOBILE APPLICATION AND WEBSITEAND / OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. D’ GEMSAND ALL ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES ON MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. D’ GEMSMAKES ALL REASONABLE EFFORTS TO DISPLAY THE PRODUCTS LISTED FOR SALE ON ITS WEB SITE(S) AS ACCURATELY AS POSSIBLE. HOWEVER, D’ GEMSCANNOT GUARANTEE THAT YOUR MONITOR’S DISPLAY OF ANY PRODUCT COLOR, TEXTURE OR DETAIL WILL BE ACCURATE. D’ GEMSDOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT ARE ACCURATE, COMPLETE, RELIABLE CURRENT OR ERROR FREE. WHILE D’ GEMSMAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS ARE DESCRIBED AND PRICED ACCURATELY, IN THE EVENT THAT AN ITEM IS DEEMED TO BE PRICED INCORRECTLY, D’ GEMSRESERVES THE RIGHT TO REFUSE THE SALE OF THAT ITEM.
  3. D’ GEMSDOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN CONTENT, INFORMATION AND MATERIALS ON THE MOBILE APPLICATION AND WEBSITEAND / OR SERVICES, INCLUDING, WITHOUT LIMITATION ANY THIRD PARTY SITES OR SERVICES LINKED TO THE MOBILE APPLICATION AND WEBSITEAND / OR SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, THAT THE DEFECTS WILL BE RECTIFIED, OR THAT THE MOBILE APPLICATION AND WEBSITEOR THE SERVERS THAT MAKE SUCH CONTENT, INFORMATION AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE MOBILE APPLICATION AND WEBSITEAND / OR SERVICES ARE ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD TO YOUR COMPUTER SYSTEM.
    I. YOU HEREBY INDEMNIFY, DEFEND, AND HOLD SHUBHGEMS.IN, SHUBHGEMS.IN’S DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, AND EACH OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS, AND ALL OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES AND COSTS ARISING FROM YOUR USE OF THE WEBSITE.
    II. YOU EXPRESSLY UNDERSTAND THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO: (i) THE USE OR THE INABILITY TO USE THE MOBILE APPLICATION AND WEBSITEAND / OR SERVICES; OR (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 MOBILE APPLICATION AND WEBSITEAND / OR SERVICES OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MOBILE APPLICATION AND WEBSITEAND / OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE MOBILE APPLICATION AND WEBSITEAND / OR SERVICES.
    III. D’ GEMS OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE RELIEVED OF ALL ITS RESPONSIBILITIES, IF ANY, IN THE EVENT OF FAILURE OF PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOUR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, NATURAL DISASTERS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF THE COMPANY OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE MOBILE APPLICATION AND WEBSITEAND / OR SERVICES AND ANY OTHER WEBSITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE MOBILE APPLICATION AND WEBSITEIN AN ACCURATE OR TIMELY MANNER.
    IV. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
    V. EACH PARAGRAPH, CLAUSE, SUB-CLAUSE AND PROVISION OF THIS TERMS OF USE SHALL BE SEVERABLE FROM EACH OTHER AND IF FOR ANY REASON ANY PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION IS INVALID OR UNENFORCEABLE, SUCH INVALIDITY OR ENFORCEABILITY SHALL NOT PREJUDICE OR IN ANY WAY AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION, WHICH SHALL BE READ AND CONSTRUED SO AS TO GIVE THERETO, THE FULL EFFECT THEREOF, SUBJECT ONLY TO ANY CONTRARY PROVISION OF THE LAW TO THE EFFECT THAT WHERE THIS PROVISION OF THIS TERMS OF USE OR ANY PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION HEREOF WOULD BE BUT FOR THE PROVISIONS OF THIS PARAGRAPH READ AND CONSTRUED AS BEING VOID OR INEFFECTIVE IT SHALL NEVERTHELESS BE A VALID TERMS OF USE, PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION, AS THE CASE MAY BE, TO THE FULL EXTENT TO WHICH IT IS NOT CONTRARY TO ANY PROVISION OF THE LAW.
    VI. THOSE WHO ACCESS THE MOBILE APPLICATION AND WEBSITEAND / OR SERVICES DO SO, ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS INCLUDING, BUT NOT LIMITED TO, ANY APPLICABLE LOCAL LAWS. THIS TERMS OF USE IS GOVERNED BY THE LAWS OF INDIA. ANY ACTION, SUIT, OR OTHER LEGAL PROCEEDING, WHICH IS COMMENCED TO RESOLVE ANY MATTER ARISING UNDER OR RELATING TO THIS LETTER, SHALL BE SUBJECT TO THE JURISDICTION OF THE COURTS AT CHENNAI.
    VII. IN THE EVENT OF BREACH OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE BY THE USER, THE USER SHALL BE PROMPTLY LIABLE TO INDEMNIFY D’ GEMSFOR ALL THE COSTS, LOSSES AND DAMAGES CAUSED TO D’ GEMSAS A RESULT OF SUCH A BREACH. FURTHER IN THE EVENT OF YOUR BREACH OF THIS TERMS OF USE, YOU AGREE THAT D’ GEMSWILL BE IRREPARABLY HARMED AND WILL NOT HAVE AN ADEQUATE REMEDY IN MONEY OR DAMAGES. D’ GEMSTHEREFORE, SHALL BE ENTITLED IN SUCH EVENT TO OBTAIN AN INJUNCTION AGAINST SUCH A BREACH FROM ANY COURT OF COMPETENT JURISDICTION IMMEDIATELY UPON REQUEST. SHUBHGEMS.IN’S RIGHT TO OBTAIN SUCH RELIEF SHALL NOT LIMIT ITS RIGHT TO OBTAIN OTHER REMEDIES.
    VIII. ANY FAILURE OF D’ GEMSTO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THIS TERMS OF USE SHALL NOT OPERATE AS A WAIVER OF SUCH RIGHT OR PROVISION.
  5. I HAVE READ THE TERMS OF USE AND AGREE