Terms and Conditions to use
The brand Agaro and website Agarojewels.com is owned and the exclusive property of Agastya Global Limited.
Please read the following terms, conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (T & C):
By subscribing to or using any of our services you agree that you have read, understood and are bound by the T & C, regardless of how you subscribe to or use the services. If you do not want to be bound by the T & C, you must not subscribe to or use our services.
In the T & C, references to "You", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "We"“, Us”, and "Our" shall mean Agarojewels.com, its franchisor, affiliates and partners.
User Account, Password, and Security:
You will receive a password and account designation upon completing the website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to:
- immediately notify Agarojewels.com of any unauthorized use of your password or account or any other breach of security, and
- ensure that you sign out from your account at the end of each session.
Agarojewels.com cannot and will not be liable for any loss or damage arising from your failure to comply with (b).
Agarojewels.com provides an Internet-based services through the Website to enable the users to purchase original merchandise such as fine jewelry of Agaro brands. Upon placing an order, only upon receipt of the full payment for the product, Agarojewels.com shall ship the product, as per the time schedule displayed on the website.
Eligibility to Use:
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Agaro system by Agarojewels.com for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to use the website. You represent that You are an adult to form a binding contract and are not a person barred from receiving any services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through the T & C with your parent or legal guardian, and in such a case the T & C shall be deemed to be a contract between Agarojewels.com and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
User Conduct and Rules:
You agree and undertake to use the Website to post review of the products. By way of example, and not as a limitation, you agree and undertake that when using the Website and making purchases of any product, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any code of conduct or other guidelines, which may be applicable;
- violate any applicable laws or regulations for the time being in force in or outside India;
- violate any of the T & C or any other terms and conditions for the use of the Website contained elsewhere herein;
- exploit any of the services. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests;
- make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about Agarojewels.com, its associates and partners on any property owned by Agarojewels.com; and
- directly or indirectly, make any commercial gain by reselling, on any other website or physically store, any product purchased from this Website, without the prior consent of agarojewels.com.
Third party content:
General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an 'As Is' basis. Agarojewels.com may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Agarojewels.com shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. Agarojewels.com makes no warranty or representation regarding, and does not endorse, any website linked to the Website or the information appearing thereon or any of the products or services described thereon.
Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Agarojewels.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Agarojewels.com without obtaining authorization from Agarojewels.com.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various service. However, with regard to the product customization service (as against other services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Disclaimer Of Warranties/Limitation Of Liability:
Agarojewels.com has endeavoured to ensure that all the information on the Website is correct, but Agarojewels.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In no event shall Agarojewels.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website. Neither shall Agarojewels.com be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Agarojewels.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Agarojewels.com's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless Agarojewels.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Agarojewels.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to the T & C.
Agarojewels.com may suspend or terminate your use of the Website or any service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of the T & C or anyway otherwise acted unethically. Notwithstanding anything in this clause, the T & C will survive indefinitely unless and until Agarojewels.com chooses to terminate them.
If You or Agarojewels.com terminates your use of the Website or any service, Agarojewels.com may delete any content or other materials relating to your use of the service and Agarojewels.com will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Agarojewels.com for purposes of tax or regulatory compliance.
You shall be liable to pay for the product that you have ordered till the time of termination by either party whatsoever.
Governing Law and Jurisdiction:
The T & C and all transactions entered into on or through the Website and the relationship between You and Agarojewels.com shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the T & C, the agreement(s) or any transactions entered into on or through the Website or the relationship between You and Agarojewels.com shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non-conveniens. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions in a manner as provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this agreement shall be effective against a party if given as provided herein.