These terms and
conditions apply to the BHATI SILVER Web site located at www.BHATI SILVER-tech.com
and its subsidiaries and affiliates, including BHATI SILVER's sites around the
world (collectively the “Site”) and other websites that expressly incorporate
these Conditions ("Conditions"). In some instances, a particular BHATI
SILVER product purchased through the Site may be subject to additional
policies, guidelines, terms, and/or agreements ("Terms"). In the
event that such Terms are inconsistent with these Conditions, the Terms shall
govern. BY VISITING AND/OR USING THIS SITE IN ANY WAY, SUCH AS BROWSING
PRODUCTS OR PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS. Please
read these Conditions carefully. If you do not wish to be bound by these
Conditions, do not access or use the BHATI SILVER Site.
Change of Terms
BHATI SILVER may, at
its sole discretion, revise or add new terms to these Conditions from time to
time without notice to you. Such revisions and additions shall be deemed
effective immediately upon notice, which BHATI SILVER may give by any means,
including, without limitation, by posting the revised Conditions on the BHATI
SILVER Site. You are responsible for reviewing the BHATI SILVER Site for any
modifications to these Conditions that may affect your rights or obligations.
Any change or modification will be effective immediately upon posting of the
revisions on the Site. Any access or use by you of the BHATI SILVER Site after
changes to these Conditions will constitute your acceptance of the revised
terms. If you do not agree to the amended terms, you must stop using the Site.
Content
The Site and all
content and other materials, including, without limitation, text, icons,
graphics, logos, images, designs, pictures, selection, coordination, "look
and feel", information, data, sound files, and other files and software is
the proprietary property of BHATI SILVER or its affiliates, licensors or users
and is protected by India and international trade dress, copyright laws, patent
and trademark laws, and various other intellectual property rights and unfair
competition laws. Copyright in the documents and material on the BHATI SILVER
Site is owned by or licensed to BHATI SILVER. You are authorized to use this
material only for personal, non-commercial purposes. You may download, print,
and store copies of this material for your own personal, non-commercial use.
Nothing contained on the BHATI SILVER Site should be construed as granting, by
implication or otherwise, any license or right to use any trademark or service
mark displayed on the BHATI SILVER Site without the written permission of BHATI
SILVER or any third party that may own such trademarks or service marks. BHATI
SILVER will aggressively enforce its intellectual property rights to the
fullest extent of the law.
BHATI SILVER, the BHATI SILVER
logos, and any other product or service name or slogan contained in our Site
are trademarks of BHATI SILVER and/or its licensors, and may not be copied,
imitated or used, in whole or in part, without the prior written permission of BHATI
SILVER or the applicable trademark holder. You may not use any metatags or any
other "hidden text" utilizing "BHATI SILVER" or any other
name, trademark or product or service name of BHATI SILVER without our prior
written permission. All other trademarks, registered trademarks, product names
and BHATI SILVER names or logos mentioned in our Site are the property of their
respective owners.
You are granted a personal,
limited, non-sublicensable license to access and use the Site and
electronically copy, (except where prohibited without a license) and print to
hard copy portions of the Site materials for your informational, non-commercial
and personal use only. Such license is subject to these Conditions and does not
include: (a) any resale or commercial use of our Site or the Site materials
therein; (b) the collection and use of any product listings, pictures or
descriptions for commercial purposes; (c) the distribution, public performance
or public display of any Site materials, (d) modifying or otherwise making any
derivative uses of our Site and the Site materials, or any portion thereof; (e)
use of any automated means to access, monitor or interact with any portion of
our Site, including through data mining, robots, spiders, scraping, or similar
data gathering or extraction methods; (f) downloading (other than the page
caching) of any portion of our Site, the Site materials or any information
contained therein, except as expressly permitted on our Site; (g) cause to
appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement,
or anything else which minimizes, covers, or frames or inhibits the full
display of our Site; (h) use our web sites in any way which interferes with the
normal operation of our sites; or (i) any use of our Site or the Site materials
other than for its intended purpose. Any use of our Site or the Site materials
other than as specifically authorized herein, without the prior written
permission of BHATI SILVER, is strictly prohibited and will terminate the
license granted herein. Such unauthorized use may also violate applicable laws,
including without limitation copyright and trademark laws and applicable
communications regulations and statutes. Unless explicitly stated herein,
nothing in these Conditions shall be construed as conferring any license to intellectual
property rights, whether by estoppel, implication, or otherwise. This license
is revocable at any time.
BHATI SILVER is committed to
providing current and accurate information on our web sites, email, chat, and
telephone communications. We do not, however, warrant that this information is
always correct, accurate or complete. In rare circumstances, data, including
prices, may be inaccurately displayed on our Site due to system and
typographical errors which may occur. Inadvertent errors or inaccurate
advertised prices are not binding on BHATI SILVER and may be adjusted by BHATI
SILVER at any time. BHATI SILVER reserves the right to correct any and all
errors when they do occur. If an order is placed with a lower product’s listed
price than the actual price, BHATI SILVER will, at its discretion, either
advise the customer before shipping the product or cancel the order and notify
the customer of such cancellation. BHATI SILVER apologizes for any
inconvenience that this may cause.
Information that we communicate
is not a binding contract, and should not be treated as such. The sole remedy
of a customer acting on incorrect information is to request a cancellation of
the order placed as a result of this incorrect information. If an order has
been shipped, the customer agrees to either return the product for full credit
or pay the difference between the actual and charged prices. Please review our
Return Policies.
Products may appear on the BHATI
SILVER website larger or smaller than their actual size. Given the variation in
computer monitor settings, color and size may vary slightly when viewing
product photography.
BHATI SILVER retains the full
unrestricted rights to all jewellery designs, whether custom or standard, and
may choose to market or sell jewellery based on such designs.
BHATI SILVER's product details
and prices are also subject to change without notice. All of our prices are
final and non-negotiable. Additionally, in order to conserve natural resources,
and maintain the high quality of our pieces, BHATI SILVER does not allow
multiple pieces to be purchased for comparison, which is the act of buying
several items with the intent of keeping the item that you like best and
returning the remaining items that were purchased. If you have any questions
regarding our policy, please contact our Customer Service.
BHATI SILVER and any affiliated
companies provide natural diamond origin information – whether on this website,
in marketing materials, in materials provided to any purchaser, or anywhere
else – without any warranty of any kind, either express or implied. All implied
representations, warranties and conditions relating to diamond origin are
hereby disclaimed where applicable. Natural diamond origin information is
provided based upon information provided by the supplier, as well as
demonstrated supplier adherence to the BHATI SILVER chain of custody protocol.
While reasonable commercial efforts are made to ensure the accuracy of origin
information provided, there can be no guarantee or warranty of the diamond
origin information. The above limitation of liability extends to any persons
who viewed BHATI SILVER natural diamonds listed with origin, any persons who
purchased BHATI SILVER natural diamonds listed with origin, and to any other
persons who may thereafter acquire BHATI SILVER natural diamonds that had been
listed with origin.
All representations including
representations regarding gemstone origin, recycled content of precious metals,
and estate information, are provided to the best of BHATI SILVER’s knowledge
and without guarantee or warranty of any kind.
When you access or use the BHATI
SILVER website or your personalized BHATI SILVER account, you are solely
responsible for maintaining the confidentiality of your account and for
restricting access to your computer. You are further responsible for all
activities that occur under your personal account and your password. If you are
under the age of 18 years old, you may use BHATI SILVER-tech.com only under the
guidance and direction of a parent or guardian. Please note that BHATI SILVER
reserves the right, in its sole discretion, to refuse service, terminate
accounts, remove or edit content or cancel orders.
In the case where a customer
files a chargeback, BHATI SILVER has the right to recover its direct and
indirect costs, and cancel any promotional items, free shipping, or other
benefits, as determined in BHATI SILVER's sole and absolute discretion.
Title for goods purchased passes
from BHATI SILVER to the purchaser’s designee at the time that goods are
delivered to the designee.
BHATI SILVER reserves the right
to cancel products or services to any customer for any reason at any time. The
customer's sole remedy in such cases will be the full refund of any funds that
we have collected in reference to the canceled products and/or services.
Please review our Privacy Policy,
which also governs your visit to this site and for information on how BHATI
SILVER collects, uses and discloses personally identifiable information from
its customers. BHATI SILVER does reserve the right to cooperate with legitimate
governmental requests, subpoenas or court orders, to protect BHATI SILVER’s
systems and customers, or to ensure the integrity and operation of BHATI SILVER’s
business and systems, and as such, BHATI SILVER may access and disclose any
information it considers necessary or appropriate, including, without
limitation, user profile information (i.e. name, e-mail address, etc.), IP
addressing and traffic information, usage history, and posted User Content (as
defined herein). BHATI SILVER’s right to disclose any such information shall
govern over any terms of BHATI SILVER’s Privacy Policy.
In accordance with the Digital
Millennium Copyright Act ("DMCA") and other applicable law, BHATI
SILVER has the sole discretion to terminate and bar specific website users or BHATI
SILVER account holders who under appropriate circumstances are determined to be
repeat infringers. BHATI SILVER further reserves the right to limit access to
this website and/or terminate the account of any users whom BHATI SILVER
reasonably suspects to have infringed any intellectual property rights of
others, whether or not there is any repeat infringement.
BHATI SILVER may run
advertisements and promotions from third parties on our website. These
advertisements and promotions are conducted under the direction of the third
party and BHATI SILVER is not responsible or liable for any loss, damage or
liability incurred by you as a result of any dealings with the third party
provider or resulting from the presence of these unaffiliated third parties on
our website. Any business transactions, correspondence with, participation in
the promotions of, advertisers other than BHATI SILVER and any terms,
conditions, warranties, or representations associated with such dealings, are
solely between you and such third party.
You acknowledge and agree that
any feedback or submissions, including but not limited to questions, comments,
suggestions, ideas, plans, notes, drawings, original or creative materials or
other information, regarding this website, BHATI SILVER, or the BHATI SILVER
products or services that are provided by you to BHATI SILVER in any form are
not confidential and upon submission, shall become the sole property of BHATI
SILVER. BHATI SILVER shall own exclusive rights, including all intellectual
property rights to said feedback and submissions, and shall be entitled to the
unrestricted use and dissemination of the feedback and submissions for any
purpose, commercial or otherwise, without acknowledgment or compensation to
you. You grant BHATI SILVER and its sublicensees the right to use the name that
you submit in connection with such content, if they so choose. You represent
and warrant that (a) you own and control all of the rights to the content that
you submit, or that you otherwise have the right to submit such content to this
site; (b) the content is accurate and not misleading; and (c) use and posting
of the content you supply will not and does not violate any rights of or cause
injury to any person or entity.
At times, BHATI SILVER may reach
out to social media users to seek their permission to feature our favorite
content on our Site, social channels, or in promotional materials. BHATI SILVER
may request permission from you to use your social media User Content
consisting of photos, text, graphics, audio, video, comments and other
materials from social media sites, in connection with BHATI SILVER’s business,
product features, marketing, promotional, advertising and other
consumer-related activities.
When you respond to a request for
permission to use your social media User Content, you are granting BHATI SILVER
and its related agents, licensees, sublicensees, contractors, successors, legal
representatives, assigns, and third-party service providers, and their
respective retail partners, marketing or public relations agencies, and other
affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable,
royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to
use your social media User Content in any manner to be determined in the
Licensed Parties’ sole discretion, including but not limited to on webpages and
social media pages operated by the Licensed Parties, in promotional e-mails and
advertisements, and in any and all other marketing, promotional and advertising
initiatives, and in any media now or hereafter known. The Licensed Parties may
use, display, reproduce, distribute, transmit, create derivative works from,
combine with other materials, alter and/or edit your social media User Content
in any manner in their sole discretion, with no obligation to you whatsoever.
You are also granting the
Licensed Parties the right to use your username, real name, image, likeness,
descriptions of you, location or other identifying information, including but
not limited to your voice, in connection with any use of your social media User
Content.
You are also agreeing,
representing and warranting that (i) you are solely responsible for your social
media User Content, (ii) you own all rights in and to your social media User
Content and/or have obtained appropriate rights and permissions from any and
all other persons and/or entities who own, manage or otherwise claim any rights
with respect to such social medial User Content, (iii) you are not a minor,
(iv) the Licensed Parties’ use of your social media User Content as described
herein will not violate the rights, including but not limited to copyright,
trademark, patent, trade secret, privacy, publicity, moral, proprietary or
other rights, of any third party, or any law, rule or regulation, and (v) the
social media User Content is not libelous, defamatory, obscene, pornographic,
abusive, indecent, threatening, harassing, hateful, or offensive or otherwise
unlawful.
Please note that the social media
User Content that you submit is deemed non-confidential and the Licensed
Parties have no obligation to maintain the confidentiality of any information,
in whatever form, contained in any submission, except pursuant to the Licensed
Parties’ respective privacy policies. By using this Site, you are consenting to
the Licensed Parties’ collection of any personal information you provide for
the Licensed Parties’ use and disclosure in connection with the use of your
social media User Content as described herein. Your personal information may
also be transferred to servers located outside the country in which you live or
to third parties in other countries so that we may process personal information
on the Licensed Parties behalf. By providing the Licensed Parties with personal
information, you agree to the foregoing collection, use, disclosure, transfer
and processing of your information in accordance with the terms of these
Conditions, the BHATI SILVER Privacy Policy and applicable data protection laws
and regulations.
The Licensed Parties reserve the
right to remove any social media User Content from the Site. If you believe any
content, including social media User Content, residing on the Site infringes
any person’s or entity’s copyright rights, please contact BHATI SILVER.
BHATI SILVER’s website and social
media accounts include or may include in the future a product review feature,
discussion forums, user generated content, or other areas or services in which
you or a third party has the opportunity to create, post, or store content,
messages, materials or other items on our website or social media accounts
(“Interactive Areas”). You shall be solely responsible for your use of such
Interactive Areas. By using any Interactive Areas, you agree not to post,
upload to, transmit, distribute, store, create or otherwise publish through our
website any of the following: (a) Any message, data, information, text, music,
sound, photos, video, graphics, code or other material (“User Content”) that is
or would reasonably be considered to be unlawful, libelous, defamatory,
obscene, pornographic, indecent, lewd, suggestive, harassing, threatening,
invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or
otherwise objectionable; (b) User Content that would constitute, encourage or
provide instructions for a criminal offense, violate the rights of any party or
that would otherwise create liability or violate any local, state, national or
international law, statute or regulation; (c) User Content that may infringe
any patent, trademark, trade secret, copyright or other intellectual or
proprietary right of any party; (d) User Content that impersonates any person
or entity or otherwise misrepresents your affiliation with a person or entity;
(e) Unsolicited promotions, political campaigning, advertising or
solicitations; (f) Private information of any third party, including, without
limitation, addresses, phone numbers, email addresses, Social Security numbers
and credit card numbers; (g) Viruses, corrupted data or other harmful,
disruptive or destructive files; and (h) User Content that, in the sole
judgment of BHATI SILVER, is objectionable or which restricts or inhibits any
other person from using or enjoying the Interactive Areas or our website, or
which may expose BHATI SILVER or its users to any harm or liability of any
type.
If you post User Content to our
website, email User Content to BHATI SILVER, and/or provide BHATI SILVER
permission to use, repost, or otherwise share User Content you have created or
shared on social media, you grant BHATI SILVER a nonexclusive, royalty-free,
perpetual, irrevocable and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform
and display such User Content throughout the world in any media. You further
grant BHATI SILVER and sublicensees the right to use the name that you submit
in connection with such content, if they choose to do so. You represent and
warrant that (a) you own and control all of the rights to the User Content or
you otherwise have the right to such User Content; (b) the User Content is
accurate and not misleading; and (c) use and posting of the User Content you
supply does not violate these Terms and Conditions and will not violate any
rights of or cause injury to any person or entity.
BHATI SILVER disclaims any
responsibility and assumes no liability for any User Content posted, stored or
uploaded by you or any third party, or for any loss or damage thereto, nor
shall BHATI SILVER be liable for any mistakes, defamation, slander, libel,
omissions, falsehoods, obscenity, pornography or profanity you may encounter as
a result of said User Content posted. Your use of the BHATI SILVER Interactive
Areas is at your own risk. BHATI SILVER is not liable for any statements,
representations or User Content provided by its users in any public forum,
personal home page or other Interactive Area. Additionally, BHATI SILVER
reserves the right, and has absolute discretion, to remove, screen or edit any
User Content posted or stored on our website at any time and for any reason
without notice, and you are solely responsible for creating backup copies of
and replacing any User Content you post or store on our website at your sole
cost and expense.
Any use of the Interactive Areas
or other portions of the BHATI SILVER website in violation of the foregoing
paragraph violates these Terms and Conditions and may result in termination or
suspension of your rights to use the Interactive Areas and/or our website.
This site,
the content contained therein and the products provided in connection therewith
(the "products") are provided on an 'as is' and 'as available' basis.
BHATI SILVER makes no representations or warranties of any kind, whether
express or implied, as to the operation of this site or the information,
content, materials or products included on it. you expressly agree that your
use of this site is at your sole risk, by your own free will, and that you are
solely responsible for any consequences arising from this use. without limiting
the foregoing, BHATI SILVER disclaims all warranties, whether expressed or
implied, including, but not limited to, implied warranties of merchantability
and/or fitness for a particular purpose, title, and non-infringement as to the
information, content, and materials on the site. BHATI SILVER, does not warrant
that this site, its servers, or its electronic communication are accurate,
reliable, complete, current or free of viruses or other harmful components.
In no
event shall BHATI SILVER, its directors, members, employees, affiliates, or
agents or any other party involved in creating, producing, or delivering the BHATI
SILVER products be liable to you or any third party for damages of any kind
arising from the use of this site, including, but not limited to direct,
indirect, incidental, special, punitive and consequential damages or other
damages of any kind, including but not limited to loss of use, loss of profits,
or loss of data, whether in contract, tort, or otherwise, including negligence,
arising out of or in any way connected with or resulting from the use of our
site, the products, the services or the content contained in or accessed
through the BHATI SILVER site, or that results from the reliance by user on any
information obtained from BHATI SILVER, including any error or omission
regarding listed diamond origin, any mistakes, omissions, interruptions,
deletion of files or emails, errors, defects, viruses, delays in operation or
transmission or any failure of performance of the BHATI SILVER site, whether or
not resulting from acts of god, communications failure, theft, destruction or
unauthorized access to BHATI SILVER’s programs or services, even if BHATI
SILVER is expressly advised of the possibility of such damages, or even if the
loss, damage or expense was caused by BHATI SILVER, its directors, members,
employees, affiliates or agents. in no event shall BHATI SILVER's liability be
greater than the price you paid for the product or service that is the basis
for the claim.
Some jurisdictions may not allow
the exclusion of implied warranties, so some of the above exclusions may not
apply to you. It is your responsibility to check local laws for any
restrictions or limitations regarding the exclusions of implied warranties
You agree to defend, indemnify,
and hold harmless BHATI SILVER, its independent contractors, service providers
and consultants, and its parents, affiliates, and related entities and their
respective directors, officers, employees, and agents from and against all
claims, losses, damages, liabilities, expenses and costs (including without
limitation reasonable attorneys' fees and court costs), arising out of or
relating to your breach of these Conditions or your access to or use of the BHATI
SILVER Site or inability to use the Site, including without limitation any
actual or threatened suit, demand or claim made against BHATI SILVER and/or its
independent contractors, service providers, employees, directors or
consultants, arising out of or relating to the Content, your conduct, your
violation of these Terms and Conditions or your violation of the rights of any
third party.
Links to other Internet sites and
services operated by third parties, including BHATI SILVER vendors, do not
constitute sponsorship, endorsement, or approval by BHATI SILVER of the
content, policies, or practices of such linked sites or services. BHATI SILVER
is not responsible for the availability, content, security, policies, or
practices of linked sites or services, including, without limitation, the
accuracy of content on linked sites or services and the privacy policies and
practices of linked sites and services.
Notwithstanding any of these
Conditions, BHATI SILVER reserves the right, without notice and in its sole
discretion, to terminate your license to use this site, and to block or prevent
future your access to and use of the Site.
These Conditions contain the
entire understanding of you and BHATI SILVER with respect to the subject matter
hereof and supersedes all prior agreements and understandings between you and BHATI
SILVER with respect to the subject matter hereof. The failure of BHATI SILVER
at any time to enforce any of the provisions of these Conditions will not be
deemed or construed to be a waiver of any such provisions, or in any way to
affect the right of BHATI SILVER to thereafter enforce each and every provision
of these Conditions. No waiver by BHATI SILVER of any breach of any provision
of these Conditions will be construed or deemed to be a waiver of any other
subsequent breach. If any provision of these Conditions is declared invalid or
otherwise determined to be unenforceable for any reason, such provision will be
deemed to be severable from the remaining provisions of these Conditions, which
will otherwise remain in full force and effect. Provisions concerning your
rights and obligations which by the content of the provision operate after
termination or which are necessary to enforce any right will survive any
termination or expiration of these Conditions.
These Conditions and your use of
this Site shall be governed by and construed in accordance with the laws of Telangana,
India, without resort to its conflict of law provisions. You agree that any
action at law or in equity or any dispute, claim or controversy arising out of
or relating to these Conditions or the breach, termination, enforcement,
interpretation or validity thereof or the use of the Site or purchases from the
Site thereof, (collectively, “Claims”) shall be resolved by binding
arbitration, as described below, instead of in court, except that each party
retains the right to bring an individual action in small claims court. You
further agree that arbitration must be on an individual basis and that you are
hereby waiving your right to join or consolidate Claims in arbitration or
arbitrate any claims as a representative or member of a purported class. You
acknowledge and agree that you are waiving the right to a trial by jury. This
arbitration provision shall survive the termination of these Conditions, as
well as any other contractual agreement that you have with the Company.
If you have any questions, please
do not hesitate to Contact Us.
+91 91003 12121
ACCOUNT