DISCLAIMERS

By accessing caratandcolour.com (“Website”) which is owned and operated by Carat and Colour and its affiliated companies (hereinafter collectively referred to as “Company”) and/or using the data/information provided on or via this Website the users of this Website (hereinafter referred to as the “you/user/users”) agree to be bound by this disclaimer mentioned below. Users also agree that the Company can at any time, at its sole discretion, modify the disclaimers of this Website, without any notice or liability. This Website is not intended for distribution to, or use by, any person in any jurisdiction or country where such distribution or use of any data/information would be contrary to local law or regulation. Further by using or accessing the Website, users agree to comply with all of the terms and conditions hereof, which may be accessed by clicking on the tab “Terms and Conditions” on the bottom of the website. The right to use the Website is personal to a user and is not transferable to any other person or entity. Users are responsible for all use of their account/s, if any (under any screen name or password), and for ensuring that all use of users account complies fully with the provisions of this Agreement (as defined under Terms and Conditions of this Website).

All the materials and products and services, included on or otherwise made available to you through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.

Without any limitations, the texts, the pictures and all the other content that includes the Company logo, the pictures, models, audio, video, the graphics, the software, the database, the user interface, the designs, along with product designs and thereof shall collectively called as “Website Content”. The Website Content is creative work of the Company, vendors, and associates; any resemblance of the content with others is unintentional and co-incidental. The Company reserves every right of ownership to the Website Content. The Website and the Company reserves the exclusive right to make alterations to the contents of this Website.

The Website contains material which is derived in whole or in part from material supplied by the Company, its group companies, various news agencies and other sources (including content partners), and is protected by applicable copyright, trademark and Intellectual Property Laws. The restrictions on use of the material and content on the Website by users are specified below. Except where specifically authorized, Website Content, cannot be copied, reproduced, republished, uploaded, and/or distributed for any use without obtaining prior written permission of the Company. The Website and the Company reserves the exclusive right to make alterations to the content of this Website. The Company does not warrant the accuracy or adequacy of the content of this Website and disclaims liability for errors or omissions in the same. The Company shall not have any responsibility to maintain the data/information, products, facilities and services made available on this Website or to supply any corrections, updates or releases in connection therewith. Availability of any data/information is subject to change without prior notice. It is therefore recommended that users review the information provided on or via this Website, including the disclaimer, terms & conditions, privacy & cookie policy and business policy, periodically for changes.

The information on this Website is complete, true, accurate or non-misleading. We have tried our best to provide you accurate information but still the website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.

LIMITATION OF LIABILITY

In no event will Website or the Company be liable for any damages, losses or expenses arising in connection with this Website or use thereof or inability to use by any person, or in connection with any failure of performance, interruption, defect, delay in operation, service, delivery or transmission, computer virus or system failure.

In particular, neither the Website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors, defects,  or for any actions taken in accordance thereon or occasioned thereby or by reason of non-performance or termination thereof arising out of unauthorized access to the records, programs or services of Website or in any way connected with the use of our Website, the products and services, or the content contained in or accessed through our Website.

PRODUCTS AND PURCHASES

Users are advised to use the data/information available on this Website for the purpose of information only and rely on their own judgment while making any decisions to purchase any of the product. Pertinently, products and services listed on the Website are unique to the requirements of each user, accordingly the same may not be suitable for all Users. The data/information contained in this Website may be based on sources believed to be reliable but is not guaranteed by the Company.

The Website shall display the product availability for purchase by the user. However, due to certain circumstances the product may not be available or may be sold out. In such a case, we may arrange it either from a third party and will inform you either through email or through phone. In the event that the product cannot be arranged, the Company shall contact you and will be inform accordingly. 

The Company is dealing in loose precious and semi – precious gemstones irrespective of the displayed information the products will be sold only based on availability. Since the products sold by the Company through this Website will be customized as per the requirements of users, in such cases, prices may be varying.

If a user requires specially designed jewel or modification in existing design or adding or removing or changing the mounted precious or semi-precious stones and as such, shall contact the sales or support team for the possibility of customizing. Customization of product is solely on the decision of the Company. Buyer has to bear the customization cost whatever informed by the Company while placing the order.

All orders are subject to availability of the product/services. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the cardholder having exceeded the pre-set limit mutually agreed by you with your acquiring bank from time to time.

The Company shall not take responsibility or liability for any loss or damage suffered by online orders and/or through freight transit for the purchased product, except as required by law, even if it is argued that we could have foreseen the loss or the possibility of it brought to our attention. 

WEBSITE USAGE POLICY

The Website is solely owned by the Company. It is further notified that the Website and/or the Company will not be responsible for any information about the organization, products, services provided on the Website. The Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, service or information displayed on this Website and the Company shall not be in any manner liable for inaccuracy/error if any. While the site may be updated with changes periodically, the Company does not guarantee that this Website reflects the latest amendments/information at all times or at any time.

DISCLAIMER OF WARRANTY: LIMITATION OF LIABILITY

The Company does not warrant the accuracy or adequacy of the content of this Website and disclaims liability for errors or omissions in the same. The Company shall not have any responsibility to maintain the data/information, products, facilities and services made available on this Website or to supply any corrections, updates or releases in connection therewith.

Users expressly agree that use of the Website is at the user’s sole risk and consequence. Neither the Company, its affiliates nor any of their respective employees, agents, third- party content providers or licensors warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, products or services provided therefrom, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website. 

The Website is provided on an “As Is, with all faults”” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, non-infringement, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to the Agreement. This disclaimer of liability applies to any damages or injury, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. In no event will the Company, or any person or entity involved in creating, producing or distributing the Website or the products and services or software, be liable for any damages of any kind, including but not limited to loss of use, loss of profits, opportunity, goodwill, use, data or other intangible losses, whether in an action in contract, tort (including but not limited to negligence), direct, indirect, incidental, special, consequential or punitive damages arising out of the use of products or services or inability to use the Website. The Company disclaims any warranties, conditions, representations, statements or guarantees (whether express, implied in law or residual), including, without limitation, implied warranties of merchantability or quality of data, their accuracy, completeness, usefulness of any opinion or advice, security, correctness, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular suitability, purpose, title or correspondence to description, workmanlike effort, lack of viruses or other harmful components, non-infringement as to the information, content, and materials in our Website. Any material downloaded or otherwise obtained or procured through use of the services is accessed at your own discretion and risk, and you will be solely responsible for any damages to your computer system, mobile phones or any other electronic devices or loss of data that results from the download of any such materials.

 Users hereby acknowledge that the provisions of this section shall apply to all content on the Website. In addition to the terms set forth above neither, the Company, not its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or inauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, loss of life or limb, lost profits, punitive or consequential damages. The Company, its affiliates, information providers or content partners shall have no liability for decisions based on the information provided. Neither, the Company, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of any information.

FUNCTIONALITY OF THE WEBSITE:

The Company shall make all efforts to keep the Website fully functional at all times and maintain smooth running of the Website. The Company shall try to make sure that the Website is always available for the user(s) and that the information on the Website is kept up-to-date. However, the Company takes no responsibility for and will not be liable for the Website being temporarily unavailable due to technical issues or glitches beyond the control of the Company.

ADDITIONAL TERMS

Certain sections or pages on this Website may contain separate disclaimer and/or terms and conditions and/or business policy and/or privacy policy, which are in addition to these disclaimers. In the event of any conflict between the two, the additional disclaimer or terms and conditions will govern those sections or pages.

If any of the users do not agree to any of the disclaimer and/or terms and conditions and/or privacy policy and/or business policy mentioned on the Website, they should exit this Website and restrict themselves from using the Website.