www.akoirah.com (“Akoirah” or “website” or “we” or “our”) is the shopping website of Akoirah Diamonds Private Limited that allows consumers to browse lab grown diamond jewellery and accessories (“Products” or “Goods”) from the website. Akoirah provides services to you subject to the terms and conditions included in this Terms of Use and other customer service pages to help make your shopping experience with Akoirah as enjoyable and problem-free as possible. Please read them carefully. By visiting or using this website or service, you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use. You also agree to comply with all applicable laws and regulations, including Copyright and Trademark laws. If you do not agree to these terms, please do not use Akoirah’s website.
ACCEPTANCE OF TERMS AND CONDITIONS
PRODUCT DESCRIPTION
Akoirah makes all reasonable efforts to display the products listed for sale on its website as accurately as possible. However, the colours we use, as well as the display and colour capabilities of your computer monitor, will affect the colours that you actually see on your screen. Akoirah cannot guarantee that your monitor’s display of any product colour, texture or detail will be accurate. In addition, Akoirah does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While Akoirah makes every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Akoirah reserves the right to refuse sale that item. If the pricing error is discovered after payment has been finalized, Akoirah reserves the right to cancel the sale and refund the transaction in full.
PRIVACY
Akoirah collects, stores, processes and uses your information in accordance with Akoirah’s Privacy Policy. By using the website and/ or by providing your information, you consent to the collection and use of the information you disclose on the website by Akoirah in accordance with Akoirah’s Privacy Policy. Please review Akoirah’s Privacy Policy.
OWNERSHIP AND COPYRIGHT
Akoirah’s website is owned and operated by Akoirah Diamonds Private Limited. Unless otherwise noted, all design and content included on this website, including text, graphics, logos, icons, images, artwork, products, audio and video clips and software is the property of Akoirah Diamonds Private Limited (or is used under license to Akoiraah Diamonds Private Limited) and is protected by Indian Copyright Act, 1957.
USE OF WEBSITE AND LICENSE
Akoirah’s website and content are intended solely for personal and non-commercial use by visitors. Any use of Akoirah’s website or its content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way the content of Akoirah’s website. However, you may download, electronically copy and print any of the content of Akoirah website for your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) 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 any Akoirah’s website in any manner that may be harmful to the operation of the website or its content.
USAGE ELIGIBILITY
Use of the website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 and any other applicable law for this purpose including minors, un-discharged insolvents etc. are not eligible to use the website. If you are under 18 years old, you may use Akoirah only with the involvement of a parent or legal guardian. Akoirah reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion. If you do not qualify, you may not use the Akoirah service or the website. Additionally, you are prohibited from selling, trading, or otherwise transferring your Akoirah account to another party.
YOUR ACCOUNT AND REGISTRATION
If you access or use Akoirah website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by website registration form or provided by you as a visitor or user of a third-party site through which you access the website. You agree to notify Akoirah immediately of any unauthorised use of your account or any other breach of security. Akoirah reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in your information, in any media or medium now known or developed, produced, invented or used in future, with respect to your information.
MARKETING AND COMMUNICATION
You hereby by way of accepting these Terms of Service consent to the receipt of communication from us by way of in app messages, Short Message Service (SMS) messages, Rich communication Services (RCS), E-mails, promotional, marketing calls and newsletters. These emails could relate to your registration, transactions that you carry out through the website and promotions that are undertaken by us, services from us and its third-party partners (if applicable).
EQUIPMENT
Website user shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this website and all charges related thereto. Akoirah shall not be liable for any damages to the website visitor’s equipment resulting from the use of this website.
CONTENT YOU SUBMIT
Akoirah appreciates hearing from you. Blogs, community forums, chat rooms and other discussion sites may be made available to our customers and users. You acknowledge and agree, that as to any content you, as a user, may submit via the Online Mediums become public information and it shall be deemed to be provided on a non-confidential basis, except for resumes submitted solely for consideration for employment with Akoirah which may be shared with Akoirah on a “need to know” basis. You should always use caution when submitting personal identifiable information about yourself or third parties in any online mediums. Akoirah is free to use or disseminate such contributed content on an unrestricted basis for any purpose, without any notice or compensation to you. Akoirah is under no obligation to use the contributed content and your submissions and may remove any such content or submission at any time at its sole discretion. Akoirah reserves the right to terminate your access to online mediums at any time, without notice, for any reason whatsoever. You represent and warrant that you own or otherwise have permission to submit any such materials and grant Akoirah the rights described herein.
NO UNLAWFUL OR PROHIBITED USE
You agree not to upload, post or otherwise transmit via the online mediums any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libellous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorised disclosure of personal or confidential information; (iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information. You also agree not to use the Akoirah website or online mediums to: (i) impersonate an employee or a representative of Akoirah, its divisions and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorised communication; (iv) attempt to gain unauthorised access to any portion or feature of the Akoirah or any other system or networks connected to the Akoirah or any other services offered through the Akoirah, and/or other accounts not belonging to you, or violate security of any portion of the Akoirah, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the Akoirah or online mediums through any means; (vi) attempt to interfere with the proper working of the Akoirah or any transaction being conducted on Akoirah or to restrict or inhibit any other user from accessing or using the Akoirah, by means of hacking or defacing any portion of the Akoirah; (vii) violate any applicable local, state, national or international law, including without limitation regulations under Indian Court of Law.
DISCLAIMER OF WARRANTY
THE MATERIALS AND INFORMATION PROVIDED BY AKOIRAH ON ITS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AKOIRAH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON ITS WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF AKOIRAH WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AKOIRAH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AKOIRAH DOES NOT WARRANT THAT ITS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM AKOIRAH IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AKOIRAH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
LIMITATION OF LIABILITY
This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. You also specifically acknowledge that Akoirah is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties. 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 preset limit mutually agreed by us with our acquiring bank from time to time. The law of certain countries may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you may have additional rights. However, in no event shall Akoirah’s aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to Akoirah by you for accessing Akoirah website.
INDEMNITY
You agree to defend, indemnify, and hold harmless Akoirah and its officers, directors, shareholders, affiliates, employees and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of Akoirah website or your breach of these Terms of Use or your violation of any law or the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this Agreement or arising out of violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Terms of Use.
GOVERNMENT LAW
This user agreement and all the rules and policies contained herein and any of your usage of website and your dealings at Akoirah shall be governed and construed in accordance with the laws of India. By visiting Akoirah, you agree that the law of India, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and Akoirah. If any court of competent jurisdiction determines that any provision, or any portion thereof, contained in these Terms of Use is unenforceable in any respect, such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. If such court shall deem any such provision, or portion thereof, wholly unenforceable, the remaining provisions of these Terms of Use shall nevertheless remain in full force and effect. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Akoirah Diamonds Private Limited relating to your access to and use of Akoirah.
DISPUTE RESOLUTION
Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate court located in Mumbai, India
MODIFICATION
Akoirah reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check this page periodically for changes. You agree that each time you visit Akoirah website, your visit to and use of such website will be subject to and bound by the then current version of these Terms of Use.
