TERMS AND CONDITIONS OF USE OF KISNA WEBSITE AND ALL KISNA SERVICES (COLLECTIVELY REFERRED TO AS THE INTERNET BASED PLATFORM OR SERVICES)
PLEASE READ THESE TERMS OF USE CAREFULLY BY ACCESSING OR USING THIS INTERNET BASED PLATFORM AND THE SERVICES PROVIDED THROUGH THIS INTERNET BASED PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS INTERNET BASED PLATFORM OR AVAIL ANY SERVICES PROVIDED THROUGH THIS INTERNET BASED PLATFORM.
GENERAL TERMS OF USE
The domain name www.KisnaJewels.com, an internet-based portal, and the KISNA Android app and iOS app, are owned and operated by M/s. Kisna Gems and Jewels Private Limited. Collectively, these are referred to as the 'Website'.
Your access or use of the Website, including any Services (as defined herein) hosted or managed through the Website, are governed by the terms and conditions referred to as 'Terms of Use'. These Terms of Use, including applicable policies, apply to both registered and unregistered users.
These Terms of Use set out the legally binding terms of services available on the Website, as well as the terms of use of the Website. These Terms of Use, along with the Privacy Policy (which is incorporated by reference), govern your access and use of the Website.
By accessing, browsing, or transacting on the Website, or using any Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should stop using the Website immediately.
As part of the services, the Website provides an online platform facilitating the purchase of goods, including diamonds and other jewelry, governed by these Terms of Use.
KISNA reserves the right to change or modify these Terms of Use or any policy or guideline of the Website, including the Privacy Policy, at any time. Changes will take effect immediately upon posting revisions to the Website, and users are responsible for reviewing the updated terms.
Access to the Website is restricted to individuals who are 18 years of age or older. By accessing or using the Website, you confirm that you are of legal age and have the authority to enter into these Terms of Use.
The Terms of Use are governed by and are in accordance with the laws of India, including but not limited to:
The Indian Contract Act, 1872 ('Contract Act');
The Indian Information Technology Act, 2000 ('IT Act') and the rules, regulations, guidelines, and clarifications framed under it, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and the Information Technology (Intermediaries Guidelines) Rules, 2011.
The Consumer Protection Act, 1986.
KISNA authorizes you to view and access the content available on the Website solely for personal use in accordance with these Terms of Use. You agree not to sell, resell, copy, reproduce, distribute, transmit, display, publish, or otherwise exploit the content for commercial purposes.
Compliance with these Terms of Use entitles you to a personal, non-exclusive, non-transferable, limited privilege to access and use the Website.
ELIGIBILITY FOR USE OF WEBSITE AND / OR SERVICES
For the purposes of availing the Services through the Website, You are required to obtain registration, in accordance with the procedure established by KISNA in this regard. As part of the registration process, KISNA may collect the following personal information from You: Name, User ID, Email address, Address (including country and ZIP/postal code), Gender, Age, Phone number, Password chosen by the User, and Other details as You may volunteer.
Registration is only a one-time process and if the Member has previously registered, he/she shall login/sign into his/her account.
The registration on or use/access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/access the Website. By registering, accessing, or using the Website, You accept the terms of these Terms of Use and represent and warrant to KISNA that you are ‘competent to contract’ under the Contract Act and have the right, authority, and capacity to use the Website and agree to and abide by these Terms of Use.
A registered ID can only be utilized by the person whose details have been provided, and KISNA does not permit multiple persons to share a single log-in/registration ID.
Organizations, companies, and businesses may not become registered members on the Website, unless authorized to do the same by Us or use the Website through individual members.
You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify KISNA if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by KISNA for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, KISNA may allow authorized third parties to place or recognize a unique cookie on Your browser. KISNA does not store personally identifiable information in the cookies.
DEFINITIONS
"Jewellery" means the jewellery that is predesigned or jewellery set with diamonds and / or gemstones that are available for sale on our website. Please note that all Jewellery is sold on "as is" basis. "Mounts" are defined as designs that hold a diamond(s) / gemstone(s) in place, which may or may not have diamonds/ gemstones. Members can select Mounts and diamonds separately to create customized Jewellery. "Loose Diamonds" are individual diamonds that can be bought without being set on Mounts.
DESCRIPTION OF SERVICES
This Website provides access to trading, pricing, news and other information services related to diamonds, precious gems and jewellery. Certain Services available on this Website are for the use of Members only. Please note that some of the terms under these Terms of Use, differ for purchases for personal consumption and for investment purposes. This Website offers services for Members who wish to purchase diamonds / jewellery for personal consumption, inclusive of, customized and readymade Jewellery. The Website also offers services to sell diamonds for investment. The Website displays diamonds and gemstones that are specifically recommended for the purpose of investment. The Website will also feature the recommendations of a trained diamond consultant, circulate a list of investment grade diamonds and recommend good buys. 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 Members who rely 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. The Company shall not be liable for any legal action on this account.
ORDERS
Retail Purchase Any Member who wishes to purchase an item from the Website can either:
Add the selected item(s) directly to the shopping cart; or
Customize jewellery that is expressly stated as customizable on the Website and then add the item to the shopping cart; or
Choose from the selection of Jewellery available on the Website and add the item to the shopping cart; or
Call our trained consultants on [phone no.] to place an order. The Member will receive the form for ordering via email/ fax/ courier based on their convenience.
In the event of a User wishing to make a purchase, the User may be required to register on the website after adding the item(s) to the shopping cart. The Members shall also provide any other mandatory information required under law like Permanent Account Number (PAN) and/or GST number at the time of purchase. Orders, are normally considered complete only after the payment has been received by KISNA. To confirm the orders, KISNA may at random, call up the Members who have placed orders through the Website and ask the Member a verification question. KISNA will confirm the order only after the verification question is answered by the Member. Once the purchase of item(s) is confirmed, KISNA:
In the case of Loose Diamond or customised jewellery - order for the diamond(s), set it on the Mount and deliver it to the Member; or
In the case of Jewellery - order for the manufacture of the Jewellery and deliver it to the Member.
In the event the bank rejects to honour any payment transaction made by a Member towards an order, KISNA shall have the right to refuse to ship the order to the Member without any liability whatsoever.
Availability of Product
KISNA may not own any of the diamonds and other products listed on the Website. In such cases, KISNA only orders the products listed on the 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 Website might not be available at that point of time.
In the event the diamond(s) get(s) traded in the market before making the payment / sealing the order, KISNA will call the Member and suggest an alternate diamond. In case the Member chooses a new diamond, KISNA shall confirm the new order. If the cost of the new selection is more expensive than the previous one, the Member shall have to pay the differential amount. If the cost of the new selection is less expensive than the previous one, KISNA shall refund the excess amount to the Member in the manner specified below in this Terms of Use.
Diamond prices vary from one category of diamonds to another and seller to seller where numerous factors like reputation of the sellers, brand value, design of the Jewellery etc. have an impact on the price of the diamond. The demand and supply of diamonds in the market can also affect the price of the diamonds. The prices stated on the Website may be substantially higher or lower than the actual prices in the retail markets.
All pricing information available on the Website must be used as a general guideline for diamond prices. While this Website is designed to provide most accurate diamond pricing information, the information about the diamonds does not provide an appraisal or guarantee of value, nor does it give suggestions or recommendation of any sort for buying or selling diamonds. All grading and pricing are subjective methods of analysis and no guarantee is made or liability assumed as to the accuracy or validity of the information provided by the Service or the expertise of those providing information via the Service.
Infrequently, data may be inaccurately displayed on the Website due to system errors. KISNA reserves the right to correct any and all errors when they do occur and the Company does not honour inaccurate or erroneous prices. The prices on the Website are also subject to change without notice. For any order the price is the prevailing price on the day the order is confirmed. The prices of the products listed on the Website are fixed and not negotiable. If you have any questions, please do not hesitate to contact us at [PHONE NO.].
PRODUCT WEIGHT VARIANCE
The product weight mentioned on the website for jewellery and mounts may vary upon manufacture of the product. In case, the customer receives a product of lesser product weight than the value paid for, the Company will refund such differential amount to the Customer.
CERTIFICATIONS
Diamonds All Loose Diamonds (both investment and retail) and diamonds that are set in Jewellery will be accompanied by individual certificates. The certificate will be issued by an independent third party certifying authority and the details of the certificate will be mentioned at the time of purchase.
Jewellery / Mounts The diamonds in the Jewellery / Mounts will not be individually certified unless expressly mentioned at the point of placing the order. The entire Jewellery will be certified either by an independent third party certifying authority or by KISNA depending on the value of the Jewellery.
COVENANTS
Covenanters for the purposes of these terms of use shall include the Users and Members. Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -
Belongs to another person and to which the Covenant does not have any right.
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, or related to money laundering or gambling.
Infringes on any intellectual property rights of any third party.
Violates any law for the time being in force.
Impersonates another person.
Contains software viruses or any other computer code, files, or programs designed to disrupt the functionality of any computer resource.
Is prohibited under applicable law, including the Indian Penal Code, 1860, as amended.
Threatens the unity, integrity, defense, security, or sovereignty of India.
Insults any other nation or prevents the investigation of any offense.
You are also prohibited from:
Violating or attempting to violate the integrity or security of the Website or any KISNA Content.
Transmitting any disruptive information through the Website.
Using any untrue or misleading information.
Sending unsolicited communications to other Covenanters.
Using any automated systems like robots or intelligent agents to navigate or search the Website.
Attempting to decompile, disassemble, or reverse-engineer any part of the Website.
Copying or modifying any KISNA Content or information available from the Website.
Disrupting or interfering with the Website in any manner.
LIABILITY
KISNA shall not be responsible or liable in any manner to the Users or any Third-Party Service Providers for any losses, damages, injuries, or expenses incurred by Other Parties as a result of any disclosures made by KISNA, where Other Parties have consented to such disclosures.
The Services provided by KISNA or any of its licensors, providers, or Third-Party Service Providers are provided 'as is' without warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement. KISNA disclaims all liability arising out of the Other Parties' use or reliance upon the Website, Services, or KISNA Content, as well as any representations and warranties made by Other Parties.
The Website may contain links to third-party websites, and KISNA has no control over and is not responsible or liable for the content, accuracy, validity, or quality of these websites or services. Other Parties use these services at their own risk.
KISNA shall not be responsible for any mishaps or missed services due to no service or no show from Other Parties and shall not be liable for errors in services provided by Third-Party Service Providers.
The listing of Third-Party Service Providers on the Website is based on various factors, including user comments and feedback. KISNA is not responsible or liable for the listing of Third-Party Service Providers on the Website.
To the maximum extent permitted by law, KISNA and its affiliates, independent contractors, service providers, consultants, licensors, agents, and employees shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from the use or inability to use the Website, Services, or content.
In no event shall KISNA be liable for any claims relating to the provision of, or failure to provide, any products or services by a Third-Party Service Provider or for any comments or feedback given by Users or Third-Party Service Providers on or through the Website.
INDEMNITY
You agree to defend, indemnify and hold harmless KISNA, the Indemnified Parties, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website.
INTELLECTUAL PROPERTY RIGHTS
All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The content on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means.
COMPLIANCE OF APPLICABLE LAW
While communicating/ transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the provisions of the applicable laws.
TERMINATION
Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and KISNA. The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:
In case of Other Parties wanting to terminate these Terms of Use, they may do so by closing their KISNA accounts for all the Services that they use.
KISNA reserves the right to terminate these Terms of Use, either partly or fully, at any time, with or without notice, against any Users or Third-Party Service Providers or Other Parties, in the following cases:
Breach or intended breach of applicable law(s), or provisions of these Terms of Use, Privacy Policy, or any other terms, conditions, or policies applicable to Other Parties.
KISNA is unable to verify or authenticate any information provided to KISNA by Other Parties.
If KISNA believes, in its sole discretion, that Other Party's actions may cause legal liability for KISNA or its affiliates, independent contractors, service providers, consultants, licensors, agents, or representatives.
KISNA is required to terminate by law.
If Other Parties fail to provide or revoke the consents necessary or desirable for KISNA to provide the Services.
If the provision of the Services is no longer commercially viable in KISNA's opinion.
KISNA decides to discontinue, either partly or fully, with or without reason, access to the Website or the Services.
KISNA may terminate or suspend, either partly or fully, an account or access to the Services of Other Parties, with or without reason, resulting in removal of access to offerings within the Website or Services and barring future use.
Once terminated or suspended, Other Parties may not use the Website under the same account, a different account, or re-register under a new account.
Upon termination of these Terms of Use, KISNA may delete all data of Other Parties in its possession or control, including personal information, log-in ID, passwords, order details, and related information.
The right to terminate or suspend is in addition to, and without prejudice to, KISNA's right to initiate legal action against Other Parties, in accordance with applicable law.
FORCE MAJEURE
Neither Party shall be liable for any loss or damage caused as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of a Party), or any other delay or default or deficiency or failure which arises from causes beyond a Party’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, a Party, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Hyderabad. All disputes will be subject to arbitration at Hyderabad in English by a sole arbitrator appointed by KISNA under the Arbitration and Conciliation Act, 1996.
SURVIVAL
Even after termination, obligations of a continuous nature, such as, but not limited to, mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
FORCE MAJEURE
Neither Party shall be liable for any loss or damage caused as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of a Party), or any other delay or default or deficiency or failure which arises from causes beyond a Party’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, a Party, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Hyderabad. All disputes will be subject to arbitration at Hyderabad in English by a sole arbitrator appointed by KISNA under the Arbitration and Conciliation Act, 1996.
SEVERABILITY
If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
WAIVER
No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by KISNA. Any consent by KISNA to, or a waiver by KISNA of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
HEADINGS
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.
CONTACT INFORMATION
If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at response@KISNA.com. If any Other Party(s) has any questions concerning KISNA, the Website, these Terms of Use, or anything related to any of the foregoing, KISNA can be reached at the following email address.