Any and all use of this website is subject to, and constitutes acknowledgment and acceptance of, the following terms
("Terms of Use").
1] Acceptance of Terms and Conditions:-
1.A] For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with Jewelfortune.com as a registered User or whether said User is a paying customer for a specific service provided by Jewelfortune.com.
1.B] By accessing or using the Site, you hereby agrees to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrades, modifications, additions or changes in this Site. If you do not accept any and /all the terms and conditions of this Agreement, please do not use this Site.
1.C] This Agreement applies to each Paid Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Paid Service provided, however, that in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Paid Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to Jewelfortune.com and/or its affiliates; and only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Paid Service shall prevail.
1.D] Jewelfortune.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was amended on January, 2007. Posting by Jewelfortune.com of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Jewelfortune.com.
2] Paid Services:-
2.A] Access to the Site and certain of its features are provided to all Users free of charge. However, Jewelfortune.com reserves the right, with/without prior notice, to restrict access to certain areas or features of the Site ("Paid Services") .Any and all charges may change without any prior notice and shall be binding under all circumstances.
2.B] Jewelfortune.com reserves the right to deny Paid Services to any User for whatever reason in order to protect the interests of Jewelfortune.com.
2.C] As a rule whenever there are multiple applicants requesting for the same area, lottery would be the means of allotment.
3] Users Generally:-
3.A] Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, directories, files, databases or listings available on or through the Site (the "Jewelfortune.com Content") for the purpose of re-selling or re-distributing the Jewelfortune.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Jewelfortune.com, or otherwise commercially exploiting the Jewelfortune.com Content.
3.B] Neither Jewelfortune.com nor any of our affiliates, or employees has entered into any sales agency relationship with such third party by virtue of our display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. Jewelfortune.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Jewelfortune.com is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
3.C] Jewelfortune.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that Jewelfortune.com has no control over such third party's web site, does not monitor such sites, and Jewelfortune.com shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
3.D] Jewelfortune may change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Jewelfortune.com be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
3.E] No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Jewelfortune.com and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
3.F] Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that Jewelfortune.com may change the Privacy Policy as and when required provided that Jewelfortune.com shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation to use the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.
3.G] As a condition of your access to and use of Jewelfortune.com, you agree that you will not use the Jewelfortune.com service to infringe the intellectual property rights of others in any way. Jewelfortune.com will in appropriate circumstances terminate the accounts of members or users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, Jewelfortune.com reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the Jewelfortune.com service, or if Jewelfortune.com believes that user conduct is harmful to the interests of Jewelfortune.com, its affiliates, or other users, or for any other reason in Jewelfortune.com's sole discretion, with or without cause.
4] Registered Users:-
4.A] If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Jewelfortune.com during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
4.B] By becoming a Registered User, you consent to the inclusion of your personal data in our Global Buyer Database and authorize Jewelfortune.com to share such information with other Users.
4.C] Jewelfortune.com may suspend or terminate a Registered User's Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if :
4.C.a] in Jewelfortune.com determination, there is any breach of the provisions of this Agreement by the Registered User; or
4.C.b] Jewelfortune.com has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or
4.C.c] Jewelfortune.com believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, Jewelfortune.com other Users, or Jewelfortune.com or its affiliates.
4.D] The Registered User shall not use the Email Account for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature. Further, the Registered User shall not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
4.E] Jewelfortune.com may refuse registration and deny to any User for whatever reason.
4.F] It is advisable to all the applicants to have there E-mail account for speedy and better service.
5] Users Who Post Information on Jewelfortune.com:-
5.A] Each User hereby represents warrants and agrees to
5.A.a] provide Jewelfortune.com with true, accurate, current and complete information to be displayed on the Site and
5.A.b] maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license to Jewelfortune.com to display and use all information provided by such user / users.
5.B] Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to Jewelfortune.com or authorizes Jewelfortune.com to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights." Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Jewelfortune.com or authorizes Jewelfortune.com to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
5.C] Each User hereby represents, warrants and agrees that information submitted to Jewelfortune.com for display on the Site shall not: contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities; be part of a scheme to defraud other Users of the Site or for any other unlawful purpose; relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights; violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); be defamatory, libelous, unlawfully threatening or unlawfully harassing; be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; solicit business from any Users in connection with a commercial activity that competes with Jewelfortune.com; contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or otherwise create any liability for Jewelfortune.com or its affiliates.
5.D] Jewelfortune.com reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject Jewelfortune.com to liability, violates this Agreement or is otherwise found inappropriate in Jewelfortune.com's opinion. Jewelfortune.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, Jewelfortune.com may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Jewelfortune.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Jewelfortune.com for such disclosure. In connection with any of the foregoing, Jewelfortune.com may suspend or terminate the Account of any User as Jewelfortune.com deems appropriate in its sole discretion. User agrees that Jewelfortune.com shall have no liability to User, including no liability for consequential or any other damages, in the event Jewelfortune.com takes any of the actions mentioned in this Section, and that User agrees to bear the risk that Jewelfortune.com may take such actions.
6] Transaction between Parties:-
6.A] Through the Site, Jewelfortune.com provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. Jewelfortune.com does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, Jewelfortune.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
6.B] Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Jewelfortune.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
6.C] Each User acknowledges that it is fully assuming the risks of transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks.". Each User agrees that Jewelfortune.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
6.D] Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
6.E] In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Jewelfortune.com (and our agents, affiliates, and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
7] Limitation of Liability:-
7.A] The features and services on the Jewelfortune.com site are provided on an "as is" and "as available" basis, and Jewelfortune.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. all such warranties, representations, conditions, undertakings and terms are hereby excluded.
7.B] Jewelfortune.com makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the site. Jewelfortune.com does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site does not violate any third party rights; and Jewelfortune.com makes no representations or warranties of any kind concerning any product or service offered or displayed on the Jewelfortune.com site.
7.C] Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Jewelfortune.com or through or from the Site shall create any warranty not expressly stated herein.
7.D] Under no circumstances shall Jewelfortune.com be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
7.E] In an event of any dispute;under any circumstances no party shall go to the court of law . if any dispute arises between the parties that shall be settled mutually / referred to an arbitrator who will be appointed by the consent of both the parties and his decisions will be binding on both the parties.
7.F] Jewelfortune.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
8] The use or the inability to use the Site:-
8.A] Any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site; violation of Third Party Rights or claims or demands that Users' manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; unauthorized access by third parties to data or private information of any User; statements or conduct of any User of the Site; or any matters relating to Paid Services however arising, including negligence.
9] Intellectual Property Rights:-
9.A] Jewelfortune.com is the sole owner of all the rights to the Site and the Jewelfortune.com Content. All title, ownership and intellectual property rights in the Site and Jewelfortune.com Content shall remain with Jewelfortune.com, its affiliates or licensors of the Jewelfortune.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by Jewelfortune.com are hereby reserved.