Terms & Condition
Terms and Conditions
Welcome to Diamond Mela Jewels Limited! A Website owned and operated by “Diamond Mela Jewels Limited” (“DMJL” or “Company” or “Our/ We”), a company incorporated under the laws of India whose registered office is at 119A, Floor- 1, Plot -21 Panchratna, Mama Parmanand Marg, Opera House, Girgaon, Mumbai - 400004, Company is in the business of e-commerce selling diamond jewellery through its website ‘www.diamondmela.com’. Please read carefully the following Website Terms and Condition, which may be updated by the Company from time to time without notice to you (the Website Terms and Conditions, as modified from time to time, the “Terms”). The most current version of the Terms can be accessed at any time at the website of the Company www.diamondmela.com.
We are committed to protecting your privacy. Authorized employees within DMJL on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data which are governed by the Information Technology Act, 2000. We will investigate and take such appropriate actions with a view to prosecuting and/ or taking civil proceedings to recover damages against those responsible.
2. Acknowledgement and Acceptance1.1 Your Unconditional Acceptance.
You acknowledge and agree that DMJL may amend this Agreement at any time by posting a revised version of this Agreement on the Website at DMJL sole discretion. Your continued use of the Website after any changes are made to this Agreement shall constitute your consent to such changes. DMJL does not and shall not assume any obligation to notify Users of any changes to this Agreement, or the creation, addition, deletion, edition or modification of any additional terms. Users shall be responsible for regularly reviewing and remaining knowledgeable about the Terms of this Agreement.
3. Use and Age Restrictions
Use of the Website is permitted only by individuals who can enter into legally binding contracts under the applicable Law. Without limiting the foregoing, use of the Website is not permitted by anyone under the age of 18. If the User does not qualify, User should refrain and should not use the Website. By using the Website, User agrees and represents that the User is legally competent to enter into this valid and enforceable Agreement.
4. Intellectual Property
Our site includes text, drawings, graphics, logos, icons, images, audio and video material, photographs, programmes and technology protected by intellectual property rights. The Company’s and third party verbal or graphic trade-marks, logos and names of products are protected by the Law on Marks and Patent Law. Each use that is not expressly permitted under the applicable laws or that is not necessary for the intended use of our site requires the Company’s prior written consent. This applies in particular to the commercial reproduction, modification, distribution, translation or storage of copyrighted material. In any case the Company’s status (and that of any identified contributor) as author of material on the Company’s Website has to be acknowledged.
Our pricing is calculated using current precious metal and gem prices to give you the best possible value. These prices do change from time to time, owing to the fluctuations in prices of precious metal and gem prices, so our prices change as well.
Prices on the Website are subject to change without notice. Please expect to be charged the price for the merchandise you buy as it is listed on the day of purchase of the product by the User.
5.1 Cash or Personal Cheque with Bankers Card, all major Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable methods of payment. Our Terms are payment in full within thirty days. All goods remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing State Bank of India’s (“SBI”) base rate on the outstanding balance until such time as the balance is paid in full and final settlement. DMJL reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via any collection Agencies and/or through the Small Causes Court in the event that the outstanding balance does not exceed [●]4 . In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
5.2 Returned cheques will incur a [●] to cover banking fees and administrative costs. In an instance of a second Returned cheque, DMJL reserves the right to terminate the arrangement and, if agreed to, DMJL shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
7. No Insurance
7.1 DMJL owner shall not be responsible for and disclaims all such liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. 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 in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
7.2 DMJL 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 User’s Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
8. External links
External links may be provided for User’s convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
9. Conflict of terms
If there is a conflict or contradiction between the provisions of these Website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of your use of the relevant section or module of the Website.
10. Terms & Conditions For Use Of Services
The following Terms & Conditions shall apply to Users utilising the services offered by DMJL for registering the request:
- The User hereby agrees and understands that DMJL is only a Web site assisting in coordinating the user with third party companies and is not the service provider or employer or contractor of service personnel.
- The User hereby authorises DMJL to contact third party service providers by sharing the User’s personal information like name, address, equipment details, contact details, warranty information and to store such information of the User in DMJL’s computer/tele-communication system and that of any third party being contacted by DMJL.
- The User shall pay the service or labour cost, visit or transportation cost (if applicable), item or spare part cost (if applicable), convenience cost (if applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the services of such third parties by the User.
- DMJL does not guarantee, warrant or assure any quality or performance by such third party service providers engaged at the request of the User. DMJL has no control over the information transferred to the third party service provider.
- DMJL has not performed any surveillance or background check of any personnel of third party service providers. The User understands that it is the responsibility of the third party service provider proposed to be engaged by the User and the User agreed that it will not hold DMJL responsible for any wrongdoing or crime of such third party servicemen.
- The user shall ensure that he/she will not indulge in any of the following activities:
- Misusing, soiling or damaging any of the devices (technical/non-technical) of the Serviceman.
- Asking the serviceman to break any government rules for any purpose. The serviceman has the right to refuse such a request by the User. The serviceman also has the right to refuse such a work or leave such User's house.
- Misusing the service or the software for unlawful purposes or for causing nuisance, annoyance or inconvenience.
- Sharing of confidential information such as your password, etc.
- The user agrees and acknowledges that the use of the services offered by DMJL is at the sole risk of the User and that DMJL disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
- Without prejudice to the above, DMJL makes no representation or warranty that:
- The Services will meet the User's requirements
- The Services will be uninterrupted, timely, secure, or error-free
- DMJL shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use of service offered by DMJL or any third party, or due to the failure of DMJL to provide services to the User for any reason whatsoever including but not limited to the User's non-compliance with the services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of DMJL or any person or any organization involved in the above mentioned systems.
- DMJL will not be liable for any damages of any kind arising from the use of the service offered by DMJL or any third party, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- The user shall indemnify DMJL from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which DMJL may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the services by the User and shall pay such sums on demand on DMJL.
- DMJL is hereby authorized to use the location based information provided by any of the telecommunication companies when the user uses the mobile phone to make a serviceman booking. The location based information will be used only to facilitate and improve the probability of locating a serviceman for the User.
- DMJL shall be entitled to disclose to all companies/affiliates within its group, or any government body as so required by the law or by directive or request from any government body, the particulars of the User in the possession of DMJL in any way as DMJL, in its absolute discretion, deems fit or if it considers it in its interests to do so.
- DMJL shall be entitled at any time without giving any reason to terminate the booking of servicemen done by the user.
- DMJL encourages all its user to take full responsibility of his/her items.
- If the user suspects any serviceman of any wrongdoing (legal or illegal) or has any complaint in respect of the services or the use of the servicemen, the User has to inform company/entity offering such services who has provided the actual service.
- DMJL shall not be liable for any conduct of the servicemen.
- DMJL shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at the Website at www.diamondmela.com on the date that DMJL may indicate that such addition, variation or amendment is to come into effect.
- All the calls made to DMJL call centre may be recorded by DMJL for quality and training purposes.
- It is expressly made clear to you hereby that DMJL does not own any service providers nor does it directly or indirectly employ any servicemen. Servicemen are all engaged by third parties and DMJL disclaims any and all liability in respect of the servicemen and services provided alike.
- DMJL has the right to use the User contact information for its own marketing purposes. DMJL may send regular SMS updates to the mobile numbers registered with it. Extended Warranty
- DMJL provides for the service of applying for extended warranty, the acceptance of such warranty shall be at the sole discretion of the company/entity providing such warranty or service and DMJL shall not be responsible if such warranty request is not accepted by the company/entity offering such services.
- The extended warranty shall be according to the terms and conditions provided by the company/entity offering such services and DMJL shall only act as a Third Party as a medium for such service.
- All extended warranties are to be purchased during the Standard Manufacturer’s Warranty period. Such purchase shall be done by the User(s) by providing payment through DMJL Website.
- The User shall be responsible to ensure all purchases or applications for services made through the Website confirm to the specifications of the products and equipment for which such service is sought and DMJL will in no way be responsible for any payment made by the User for any products and equipment for which such service/warranty/AMC is not applicable or permissible as per the terms and conditions of the company/entity offering such services.
- DMJL shall not be responsible if the company/entity providing such warranty or service do not send anyone for the Service. DMJL extends its services only to providing of the purchase of the extended warranty.
- The User should read the terms and conditions of the extended warranty prior to applying for the extended warranty on the Website. Annual Maintenance Contract (AMC)
- The User agrees and acknowledges that whenever he/she applies for an AMC, acceptance of AMC depends on condition of the machine/equipment/product.
- DMJL shall not be responsible if the company/entity providing such warranty or service do not send anyone for the service. DMJL extends its services only to providing of the purchase of the AMC.
- The User should read the terms and conditions of the AMC prior to applying for any AMC on the Website .
- The User(s) accepts and understands that if he/she doesnot require the services as claimed for, such services shall be terminated immediately or at any time which is reasonable. The payment made for the AMC through Website shall not be refundable. The payment for AMC includes service taxes as applicable.
11. Refund and Cancellation:
Except as expressly permitted under this Agreement, no refunds for any cancellations would be given.
- The AMC and Extended Warranty payment shall be made at the beginning of the service in advance. The User(s) shall not be able to terminate the services, once availed and in such a case the payment shall not be refundable to the User.
- If the User places the order and due to some reason (unexpected lack of inventory or any other reason) DMJL is not able to provide such service, the request will be cancelled and the amount will be refunded without any interest and any further obligations and liability on DMJL.
- If DMJL fails to provide the asked service within the specified deadline, the request will be cancelled and the amount will be refunded to the User without any interest and any further obligations and liability on DMJL.
- In the event that a service is listed at an incorrect price or with incorrect information due to an error in pricing or product information, DMJL may, at its discretion, either contact the User for instructions or cancel the order and notify User of such cancellation. In such cases DMJL will refund the charged amount to the customer (only for which the payment is already received) without any interest and any further obligations and liability on DMJL.
- In case the payment mode of the refunded order is Online (Credit Card/Net Banking) the amount may be refunded to the User Card Account or Bank Account.
- In an event when the payment is made with the Website, and the payment could not be reached to the company/entity offering such services or otherwise is a failed transaction, but such amount is received by DMJL, in such a case the amount paid by the User will be refunded by DMJL to the User without any interest and any further obligations and liability on DMJL.
- The User agrees and accepts that refund of payment is at the sole discretion of DMJL and can take time and DMJL makes no representations and warranties in relation to refund of payments and the time within which the amounts will be refunded.
DMJL reserves the right to terminate access to certain areas or features of the Website at any time for any reason, with or without notice. DMJL also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of DMJL and/or other visitors to the Website. DMJL reserves the right to limit, deny or create different access to the Website and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice.
User shall agree to indemnify and hold DMJL, its affiliated companies, and its suppliers and partners harmless from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connected therewith and interest chargeable thereon) asserted against or incurred by DMJL, its affiliated companies, employees, directors, officers, its suppliers and partners that may 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 the member pursuant to this Agreement and/ or the Terms. DMJL does not provide any indemnification to any member of DMJL.
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
15. Applicable laws (choice of venue and forum)
If there is any dispute arising out of this Agreement or the use of the Website, by using the Website User expressly agrees that any such dispute shall be governed by the laws of India without regard to its conflict of law provisions, and expressly agrees and consents to the exclusive jurisdiction and venue of High Courts at Mumbai, for the resolution of any such dispute.
16. Dispute Resolution
At the sole option of DMJL, any claim, dispute or controversy arising out of, relating to or concerning in any way the Agreement or use of the Website shall be resolved by binding arbitration administered by the Arbitrators under the Arbitration and Conciliation Act, 1996 under its commercial arbitration rules. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and judgment upon any arbitration award may be entered by any court having competent jurisdiction. Each party shall bear its own costs, fees, and expenses associated with any arbitration, except that the parties agree to split equally the costs and expenses of the arbitrator. DMJL may elect, in its sole discretion, not to use arbitration for any individual, claim that you properly file and pursue in court. If arbitration is chosen by DMJL with respect to a claim, the User will not have the right to litigate the claim in court, have a jury trial, or engage in pre-arbitration discovery except as provided for in the ICA (Indian Council of Arbitration) rules of arbitration. Further, User will not have the right to participate in any sessions of claimants pertaining to any claim subject to arbitration. Other rights that User would have would not be available to the User in arbitration.
17. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under this Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either party to insist upon strict performance of any provision of this or any Agreement or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The information contained in this Website is for general information purposes only. The information is provided by DMJL and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this Website.
Through this Website you are able to link to other Websites which are not under the control of DMJL. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, DMJL takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.