Terms and Conditions

These terms and conditions govern your use of this website. By using caratandcolour.com (“Website”), you accept these Terms and Conditions (“Terms and Conditions”) in full as well as the website’s Privacy Policy, Business Policy and Disclaimers. If you disagree with these terms and conditions or any part of these Terms and Conditions, you must not use this Website. Terms and Conditions (including Privacy Policy, Business Policy and Disclaimers) set out herein in the Website shall be a valid agreement between you and the Company (“Agreement”).

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, you are consenting to be bound by these Terms and Conditions. Please ensure that you read and understand all these terms and conditions before you use the Website. If you do not accept any of the terms, then please do not use the Website or avail any of the services being provided therein.

For the purposes of the terms, the term “user(s)/you/your” shall mean and include all persons, natural or artificial, that visit the Website including those that have agreed to become registered users on the Website by providing registration data while registering on the Website as registered users accessing the information provided by Carat and Colour (“Company / C&C”).

ELIGIBILITY: 

By agreeing to the following terms and conditions, you represent and warrant to us: 

• that you are at least eighteen (18) years of age; 
• that you have not previously been suspended or removed from using the services of this Website;
• that you are an individual who can enter into any legally binding contracts under the applicable laws of India and the country of residence; 
• that you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of this agreement;
• that your registration and your use of the service is in compliance with any and all applicable laws and regulations. If you are using the services of this Website on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to this Agreement and you agree to be bound by this Agreement on behalf of such organization.

REGISTRATION:

To access most of the features of the Website, users will be required to register themselves by creating their own Profile (as defined in Privacy Policy) / Account (“C&C Account”) and become a Member (“Member”). While registration, the user shall provide their Personal Information (as mentioned in the Privacy Policy), including but not limited to first name, last name, mobile number, e-mail, etc. Your email id will serve as the username on our Website. When you register, you will be asked to set up a password for your C&C Account. You are solely responsible for maintaining the confidentiality of your C&C Account and password. You agree to accept responsibility for all activities that occur under your C&C Account. If you have reason to believe that your C&C Account is no longer secure, then you must immediately notify us at contactus@caratandcolour.com. You agree that the information provided by you while registering with us is accurate and that you will keep it accurate and update it all times. 

All users will be required to register on the Website prior to the completion of any transaction / purchase from the Website. The registration in is made easy and simple and it is free of cost. It is always advised to sign up for easy and safety process to ensure smooth transaction and to manage the profile, tracking the order summary and faster processing of your enquiry.

Registration is only a one-time process and if you have previously registered, he/she shall login / sign into his / her Profile. Your Profile / C&C Account is only for personal use. It is not to be assigned, transferred or licensed so as to be used by any other person/entity. You are advised to make appropriate/thorough enquiries before acting upon any service advertisement. Our Website does not vouch for or subscribe to the claims and representations made by advertisers.

LICENSE TO USE WEBSITE:

Unless otherwise stated, Company owns the intellectual property rights in the Website and material on the Website.  Subject to the license below, all these intellectual property rights are reserved.

You must not:

• republish material from this Website (including republication on another website);
• sell, rent or sub-license material from the Website;
• show any material from the Website in public unless a written consent is obtained by the Company;
• reproduce, duplicate, copy, resell, distribute or otherwise exploit material on this Website for a commercial purpose;
• remove any copyright, trademark registration, or other proprietary notices from the content;
• edit or otherwise modify any material or content on the Website, including but not limited to, any public display, description of material, pricing of the material;
• decompile, reverse engineer, or disassemble any material or content on the Website;
• use the Website in any way that causes, or is likely to cause damage or impairment to the Website or interrupt free access to the Website in any way;
• use the Website to host, display, upload, post, submit, distribute, modify, publish, transmit, update or share any information that is defamatory or harms minors in any way or contains any virus designed to interrupt or limit the functionality of the Website; or
• redistribute material from this Website except for content specifically and expressly made available for redistribution.
• post text, messages, graphics or materials that are sales offers, advertisements, or promotions for products or services;
• create user accounts by automated means or under false or fraudulent pretenses;
• access or search the Website Content or services with any engine, software, or tool;
• send unsolicited email, junk mail, spam, or chain letters, or promotions or advertisements for products or services;
• attempt to probe, scan, or test the vulnerability of Website or breach any security or authentication measures.

ACCEPTABLE USE:

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or any other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Company’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Company’s express written consent.

RESTRICTED ACCESS:

Access to certain areas of this Website is restricted. The Company reserves the right to restrict access to other areas of this Website, or indeed this entire Website, at Company’s own discretion.

If Company provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. You shall be solely responsible for the confidentiality, safety and security of the password. You shall also be the sole owner of the password and shall be responsible for the consequences arising out of disclosure of the password and/or the unauthorized use of the material or content on the Website.

Company may disable your user ID and password at its sole discretion without any prior notice or explanation. Company further reserves the right to suspend your access to the Website, if Company is of the opinion that the security of the Website or of the material or content could be compromised.

USER CONTENT:

In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.

You grant to Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, display, reproduce, adapt, publish, translate and distribute your user content in any existing or future media in accordance with the purposes set out in these terms and conditions and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known. Any course content that you upload to or otherwise make available to Company is and remains the property of the Company. You also grant to Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or the Company or a third party in each case under any applicable law. You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Company reserves the right to edit or remove any material submitted to this Website, or stored on Company servers, or hosted or published upon this Website. Notwithstanding Company’s rights under these terms and conditions in relation to user content, Company does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.

You shall be solely responsible for the Content that you publish or display (hereinafter, “post“) on the Website, or transmit to other Member(s). You will not post or transmit to other Member(s), any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. The Company reserves the right to verify the authenticity of your user Content posted on the Website. In exercising this right, the Company may ask you to provide any documentary or other form of evidence supporting your user content posted by you on the Website. On failure to produce such evidence, the Company may, at its sole discretion, terminate your access to using the Website and block your Profile / C&C Account.

NO WARRANTIES:

This website is provided “as is” and “as available” without any representations or warranties, express or implied. Company makes no representations or warranties in relation to this Website or the information and materials provided on this Website.

Without prejudice to the generality of the foregoing paragraph, Company does not warrant that this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. The information provided herein on Website is on an as is basis and Company assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Website. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without the Company’s prior written consent.

Company provides a variety of forums for its Member(s) to express themselves in the form of blogs, comments, reviews and photographs. You truthfully assert that the content being contributed is yours and that you own the copyright to the content.

You acknowledge that your ability to use your account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee accessibility to the Website at all times. The Company shall not be liable to you for any damages arising from your inability to log into your C&C Account and access the services of the Website at any time.

All the warranties included in the Disclaimers shall form part of this terms and conditions.

CONNECTIVITY COSTS AND EQUIPMENT:

You are solely responsible for all service, internet, telephony and/or other fees and costs associated with your access to and use of the services provided by the Company, including, but not limited to, any data charges imposed by a wireless carrier or internet service provider, and for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

Company uses internally developed systems for making the services of the Company available to  you. These systems may encounter technical or other limitations, and computer and communications hardware systems might experience interruptions. Further, Company continually enhances and improves these systems in order to accommodate the level of use of the Website. Company may also add additional features and functionality to the services of the Company that might result in the need to develop or license additional technologies. Increased utilization of the Website or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. You agree that the Company shall not be liable to you or to any third party claiming through you for any such failures contemplated herein. 

LIMITATIONS OF LIABILITY:

Company will not be liable to you (whether under the law of contract, the law of torts or any other applicable laws) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Company has been expressly advised of the potential loss.

The limitation of liabilities mentioned in the Disclaimer of this Website shall form part of these terms and conditions.

PRODUCT ASSURANCE:

All our gemstones are 100% Natural and certified by private independent gemological laboratories such as Gemresearch Swiss Lab (GRS), Gemological Institute of America (GIA), Gemmological Institute of India (GII), International Gemological Institute (IGI), Diamond and Gem Laboratories of America (DGLA), Shri Zaveri Mahajan Zaverat & Moti Tolai Charitable Trust and other Indian Private Labs.

All the Gold and Silver customized jewellery that you buy from us will be hallmarked by Bureau of Indian Standards (BIS) as per Government standards.

PURCHASES, DELIVERY AND SHIPPING:

All the terms of Purchases mentioned in the Privacy Policy shall be part of these Terms and Conditions.

The Company reserves rights to refuse any order you place with us. We may restrict the sale at our own discretion. Details of purchase, delivery and shipping have been set out in our Business Policy. Business Policy shall be part of these Terms and Conditions. 

PAYMENT:

While availing any of the payment methods available on the Website, Company shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

• Lack of authorization for any transaction; or
• Exceeding the pre-set limit mutually agreed by you and between the third-party bank; or
• Any payment issues arising out of the transaction; or
• Decline of transaction for any other reasons.

All payments made against the purchase of the services/products on the Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the website.

You understand, accept and agree that the payment facility provided by Company is neither a banking nor financial service, but is merely a facilitator providing an electronic, automated online electronic payment, on the Website using the existing authorized banking infrastructure, Credit Card / Debit Card payment gateway networks, Net Banking, any other third party payment gateway networks. 

The reward points also known as C&C wallet points are only for the purpose of benefits to the Member(s) and they shall not be treated as any currency or instrument. C&C wallet points shall only be used for the purchase of products and use of the services through this Website.

You acknowledge that the Company will not be liable for any damages, interest or claims etc. resulting from processing or storing card information or not processing a payment transaction or any delay in processing a payment transaction which is beyond control of the Company or its service providers. You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Website.

You, as a purchaser of the services, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with Company to purchase products and the services using the payment facility, and you shall pay the purchase price through your issuing bank to the third-party bank using such payment facility.

CANCELLATION, REPLACEMENT & RETURN POLICY:

Please refer to our Business Policy for terms and conditions of cancellation, replacement and return policy. All the clauses, terms and conditions of Business Policy shall form part of these Terms and Conditions.

COMMUNICATIONS:

You agree to receive certain specific communication through various mediums from us. You hereby confirm that as on date of registration, you do not have any objection to receiving emails, messages, calls and WhatsApp messages from us and our employees or agents. For contractual purposes, you consent to receive communications from the Company or any of its employees or agents electronically and agree that all communications that are provided to you electronically satisfy any legal requirement stipulating that those communications be in writing. This condition does not affect your statutory rights.

REASONABLENESS:

By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website.

OTHER PARTIES:
You accept that, as a limited liability entity, Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Company, officers or employees in respect of any losses you suffer in connection with the Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Company’s officers, employees, agents, subsidiaries, successors, assigners and sub-contractors as well as Company.

UNENFORCEABLE PROVISIONS:
If any provision of this Website Terms and Conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website Terms Conditions.

INDEMNITY:

You hereby agree to indemnify the Company and undertake to keep Company indemnified against any claims, losses, damages, costs, obligations, debts, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company legal advisers) incurred or suffered by the Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions or arising in connection to use of this Website, availing the services, procuring the products, by you or any other person accessing the Website using your Member login C&C Account / Profile. This indemnification obligation shall survive these terms and your use of the services. This clause shall survive the expiry or termination of the Agreement.

BREACHES OF THESE TERMS AND CONDITIONS:

Without prejudice to the Company’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, the Company may take such action as it deems appropriate to deal with the breach, including suspending your access to the Website for a limited period of time or indefinitely, prohibiting you from accessing the Website indefinitely, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you. Termination of your C&C Account / membership / Profile shall not void the obligation of your payment towards the purchase of the products.

VARIATION:

The Company may revise these Terms and Conditions from time-to-time. Revised Terms and Conditions will apply to the use of this Website from the date of the publication of the revised Terms and Conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT:

The Company may transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.

Force Majeure

Any delay or failure in the delivery hereunder shall be excused and the Company is not responsible if and to the extent caused by the occurrence of a Force Majeure. For purposes of this Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Company claiming Force Majeure, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism, accident, pandemic, epidemic, lockdown, restraint of government, governmental acts or parliamentary restrictions, prohibitions, any enactments on import or export regulation or regulations on exchanges foreign as well as domestic, injunctions, or accidents or unavailability to transit, labour strikes, other than those of seller, the Website or its courier agent, that prevent us from delivering the materials and other like events that are beyond the reasonable anticipation and control of the company affected thereby, despite such company’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to a failure to deliver its obligations under this Agreement.

SEVERABILITY:

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ENTIRE AGREEMENT:

These terms and conditions, disclaimers, business policy and privacy policy constitute the entire Agreement between you and the Company in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website. This entire Agreement is an electronic contract that sets out legally binding terms and clauses of your use of the Website and Profile handled by you on the Website. By accessing the website or becoming a Member, you accept this Agreement and agree to the Terms and Conditions, notices, and disclosures contained or referenced herein.

COMPLAINT:

You are under an obligation to report any misuse or abuse of the site. If you notice any abuse or misuse of the site or anything that is in violation of this Agreement, you shall forthwith report such violation to the Company by writing to our Customer Care. On receipt of such complaint, we may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse. Any false complaint made by a member shall make such member liable for termination of his/ her membership..

Please contact customer service – contactus@caratandcolour.com with any questions regarding this Agreement. 

LAW AND JURISDICTION:

These terms and conditions will be governed by and construed in accordance with the laws of the Republic of India. Any disputes relating to these terms and conditions, privacy policy, disclaimers, business policy, any other terms and conditions of the Company mentioned on the Website, use of the Website or content provided therein, will be subject to the exclusive jurisdiction of the courts of Jalgaon situated in Maharashtra, India. You hereby consent to the exclusive jurisdiction and venue of courts in Jalgaon. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Please proceed only if you accept all the Terms and Conditions of this Agreement enumerated herein above, out of your free will and consent.