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Terms & Conditions

Welcome to the services provided by "Drishti Gems and its affiliates" are subject to the following terms and conditions. These terms and conditions apply whether you use, visit, or register as a member of the website. Please take the time to read them thoroughly. Drishti Gems reserves the right to amend the Terms of Use at any time, effective upon publication on the Drishti Gems.com website, and your continued use of the Website or Service following such posting constitutes your acceptance of such changes.

1. Electronic Contract

This agreement is a legally enforceable electronic contract that governs your use of the website and your participation in the service. You consent to receive communications from us electronically by accessing the website or becoming a member, and you accept this agreement and agree to the terms, conditions, notices, and disclosures contained or referenced below.

2. Privacy

We place a high value on your privacy. Our Privacy Policy was created to provide crucial information about how we collect and utilise the information you provide on the website. Our Privacy Policy also governs your website and service use. Please read it to get a better understanding of our policies. You agree to notify Drishti Gems.com if you become unable to enter into any contract in the future. In the event of disability, Drishti Gems.com reserves the right to limit, amend, or terminate this agreement at its sole discretion.

3. Eligibility

Individuals who are legally capable of forming legally binding contracts under the laws of India and their place of residence are eligible to use the Services. Without limiting the foregoing, minors (defined as individuals under the age of 18 in most jurisdictions) and temporarily or indefinitely suspended Drishti Gems.com users are not permitted to utilise the Services. You represent and warrant that you have the right, authority, and capacity to engage in this agreement and to abide by all of its terms and conditions by using the Drishti Gems.com website.

4. Use for Non-Commercial Purposes

The Drishti Gem Website is for individual members' personal use only, and it cannot be used for commercial purposes unless you are registered and approved 'Affiliate' of Drishti Gems. Commercial endeavours include giving links to other websites, whether or not they are competitors of Drishti Gems. Illegal and unauthorised uses of the website, such as unauthorised framing or linking to the website, will be investigated, and necessary legal action, including civil, criminal, and injunctive relief, will be taken. By unlawful use of this site, Drishti Gems.com shall be suitable to reclaim from you, your successors, heirs, assigns, and others any profit, income, benefit, or other advantages that you have gained/ received, expected, or will receive, with a penalty of 50% of such profit/revenue/ benefit.

5. Membership Exclusivity

You may only use your membership for personal purposes. It may not be assigned, transferred, or licensed to another person or entity for use. Before acting on any service advertisement, members are recommended to conduct appropriate/thorough research. Advertisers' statements and representations are not endorsed or supported by our website. Please keep in mind that your subscription at Drishti Gems.com is for your personal use only. You may not give your membership to anyone else, and you may not assign or transfer your account to anybody else.

6. Term

While you use the website and/or are a Member, this agreement will continue in full force and effect. You may cancel your membership and/or subscription at any time by writing to Drishti Gems and advising them of your decision. You will not be entitled to a refund of any unused subscription fees or access to digital content or reports purchased through Drishti Gems if you terminate your subscription. Drishti Gems may terminate your membership and/or subscription by sending notice to you at the e-mail address you provide in your membership application, or any other e-mail address you may later provide to Drishti Gems. You will not be entitled to any return of unused subscription costs if Drishti Gems terminates your participation in the service because you have breached this agreement. Drishti Gems is not obligated to give you notice before cancelling your membership or subscription.

Drishti Gems.com is not obligated to provide a reason for your account termination, and may be prevented from doing so. This agreement shall continue in effect even if your membership or subscription is terminated. All terms that by their nature should survive the termination of this agreement are presumed to do so.

7. The ability to form a consortium or associates

Drishti Gems reserves the right to outsource any part of its services to any competent person or organisation, with or without notifying you. Your membership rights and duties, however, remain to apply only to DrishtiGems.com and not to such individuals or organisations.

8. Ownership Rights

a) All proprietary rights in the Drishti Gems website and the Drishti Gems are owned and retained by Drishti Gems. The website contains Drishtigems.com and its licensors' copyrighted material, trademarks, and other proprietary information. You may not duplicate, edit, publish, transmit, distribute, perform, display, or sell any proprietary information unless it is in the public domain or you have been given permission to do so. Any such act or attempted act on your part will be considered a breach of this agreement, and your membership with Drishti Gems.com will be immediately cancelled without reimbursement of any unused Subscription costs.

b) Content, Advice, Opinions, Statements, Offers, or other information or content made accessible through the Drishti Gems.com Service or the Drishti Gems.com Website, but not directly by Drishti Gems.com, are those of their respective authors and should not be relied upon. These authors are solely responsible for the content they provide. Drishti Gems.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the service; or (ii) adopt, endorse, or take responsibility for the truth or reliability of any opinion, advice, or statement expressed by any person on the website. Drishti Gems.com and its affiliates shall not be liable for any loss or damage resulting from your reliance on information or other content posted on the website or supplied to or by any Members. Any advice, opinions, or other information or content offered by Drishti Gems.com directly through the Advice Section, User Forum, or Community Forum should not be taken as gospel. Any such advice, choice or information should be sought from a trained professional. Drishti Gems.com and its affiliates shall not be liable for any loss or damage resulting from your reliance on information or other content posted on the website or supplied to or by any Members.

9. Your Contributed Content

a) You are solely responsible for the content that you post (hereafter, "post") on the Service or the Website or that you communicate to other Members. Any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually-oriented, threatening, harassing, racially offensive, or unlawful material, as well as any material that infringes or violates the rights of another party, will not be posted or transmitted to other Members (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not give the Company or any other Member with inaccurate, misleading, or fraudulent information. If any of the information you supplied to Drishti Gems.com or another Member later proves to be erroneous, misleading, or untrue, you will promptly notify Drishti Gems.com. The right to check the validity of content uploaded on the site is reserved by Drishti Gems.com. Drishti Gems.com may ask you to produce any documentary or other form of evidence supporting the content you post on the site in order to exercise this right. If you fail to show such evidence, Drishti Gems.com reserves the right to terminate your membership without return at any time.

b) You understand and agree that Drishti Gems.com may review and delete any content, messages, photos, or profiles (collectively, "Content") that, in Drishtigems.com's sole judgement, violate this agreement or that might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of either Drishti Gems.com or its Members (in each case in whole or in part).

c) By posting content to any public area of Drishti Gems.com, you automatically grant, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display, reproduce, adapt, modify, and distribute such information and content, and to prepare derivative works of, or incorporate such information and content into other works to Drishti Gems.com, its affiliates, licensees, and successors. You also represent and warrant that Drishtigems.com's public publishing and use of your content will not infringe on or violate the rights of any third parties.

d) The following is a partial list of the types of content that are illegal or prohibited on the Website. Drishtigems.com reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including but not limited to removing the offending communication from the service and terminating the membership of such violators. It encompasses, but is not limited to, the following types of content:

I. Content that promotes racism, bigotry, hatred, or other forms of bigotry is clearly offensive to the online community.

II. Harasses or advocates harassment of another person; physical violence of any type against any group or individual harasses or advocates harassment of another person;

III. Include the distribution of "junk mail,""chain letters," or unsolicited bulk mailing, often known as "spamming."

IV. Promotes false or misleading information, unlawful activities, or behaviour that is abusive, threatening, obscene, defamatory, or libellous against you;

V. promotes an unauthorised or unlawful reproduction of another person's copyrighted work, such as by offering pirated computer programmes or links to them, or by providing information on how to get around the manufacturer's copy-protection devices installed, or delivering pirated pictures, audio, or video files, or links to pirated images, audio, or video files

VI. Includes pages with restricted or password-protected access, as well as hidden pages or images (those not linked to or from another accessible page);

VII. Offers material that sexually or violently exploits anyone under the age of 18 or solicits personal information from anybody under the age of 18;

VIII. instructs users on criminal acts such as making or purchasing illegal weapons, damaging someone's privacy, or providing or generating computer viruses;

IX. Solicits passwords or personal identifying information from other users for commercial or unlawful purposes. And

X. Without our prior written approval, engages in commercial activities and sales, such as contests, sweepstakes, barter, advertising, and pyramid systems.

e) You must use the service in accordance with all applicable laws and regulations, including but not limited to the content you post on the Service.

f) You are not permitted to advertise to or solicit other Members. This includes, but is not limited to, solicitation or advertising to buy or sell any products or services through the service, as well as invitations to parties or other social activities or business networking. You may not send other Members any chain letters or junk e-mail. Although Drishti Gems.com is unable to monitor its Members' activities off the Website, it is also against the rules to use any information gained from the service to harass, abuse, or damage another person, or to contact, solicit, or sell to any Member without their prior explicit consent.

g) You must include accurate, up-to-date, and full information in your member profile.

10. Prohibited Activities

If you have misused the service or behaved in a way that could be considered inappropriate or whose conduct is unlawful or illegal, DrishtiGems.com retains the right to investigate and terminate your membership. The following is a limited list of actions that you are not permitted to take in relation to the service:

a) You will not pretend to be someone or something else.

b) You will not "stalk" or harass anyone in any way.

c) You will not send other members "abusive, obscene, or sexually oriented" message(s).

d) Without our express prior written consent, you will not indicate or imply that DrishtiGems.com endorses any statements you make.

e) You will not retrieve, index, "data mine," or in any way recreate or circumvent the navigational structure or presentation of the service or its consent using any robot, spider, site search/retrieval tool, or other human or automatic device or process.

f) You will not post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information in any way without first obtaining the owner's permission.

g) No copyright, trademark, or other proprietary rights notices in the service.

h) You will not disrupt or interfere with the Services, the Website, or the systems or networks that are connected to the Services or the Website.

i) You will not publish, e-mail, or otherwise transmit any material containing software viruses or other computer code files or programmes that are designed to interrupt, destroy, or limit the performance of any computer software, hardware, or telecommunications equipment.

j) You shall not alter headers or otherwise manipulate identifiers to conceal the source of any information delivered via the service.

k) Without Drishti Gems.com prior written permission, you will not "frame" or "mirror" any portion of the Service or the Website. You may not use meta tags, code, or other devices that contain any reference to Drishti Gems.com, the Service, or the site to drive people to any other website for any reason.

l) You will not, and will not allow anyone to, modify, adapt, sublicense, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service, the Website, or any software utilised on or for the Service.

11. Limitation of Liability and Disclaimer of Warranties

The drishtigems.com service is used at your own risk.

Please note that our liability and drishti gems are strictly limited by this contract.

DrishtiGems.com makes no warranties about the service. The contract also limits your remedies.

a) DrishtiGems.com, its subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

b) Any material downloaded or otherwise obtained through the use of the service is at your own risk and discretion, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

c) liability limitation you expressly understand and agree that Drishti gems.com and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages, including (even if Drishti gems has been advised of the possibility of such damages), resulting from (i) your use or inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your data (iv) any third-party statements or conduct on the service; or (v) any other service-related question

d) Notwithstanding anything herein to the contrary, Drishti Gems liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to drishtigems.com for the service during the term of membership.

12. Service Modifications

DrishtiGems.com retains the right, with or without warning, to change or cancel the Service (or any part of it), temporarily or permanently. You agree that DrishtiGems.com will not be liable to you or any third person if the service is modified, suspended, or discontinued.

13. Disputes and Governing Law

By using the site, you unconditionally agree that all disputes and/or conflicts relating to or involving the Site and the Service will be governed by the laws of India and will be subject to the exclusive jurisdiction of the Competent Courts in Delhi, India.

14. Your Indemnity

You agree to indemnify and hold Drishti Gems.com, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand made by any third party due to or arising out of your use of the service in violation of this Agreement and breach of your representations and warranties set forth above, including reasonable attorney's fees.

15. No third-party beneficiaries

Except as expressly stipulated in this agreement, you agree that there will be no third-party beneficiaries to this agreement.

16. Dealing with advisers

Any correspondence or business dealings you have with, or participation in promotions of, advertisers found on or through the service are solely between you and such advertiser, including payment and Delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings. You acknowledge and agree that Drishti Gems.com is not responsible or liable for any loss or damage incurred from such interactions or the presence of such advertising on the service..

17. Other

This agreement is the entire agreement between you and Drishtigems.com concerning your use of the website and service. The remainder of this agreement will remain in full force and effect if any term of this agreement is invalid. Any misuse or abuse of the site must be reported immediately. You must immediately report any abuse or misuse of the site and anything that violates this agreement to Drishti Gems.com by writing to Customer Care. Upon receiving such a complaint, Drishtigems.com may examine the allegation and, if required, terminate the membership of the member who is responsible for the violation, abuse, or misuse without refunding the subscription cost. Any fraudulent complaint filed by a member will result in the member's membership being terminated without a return of the subscription money. If you have any issues with this agreement, please get in touch with customer support. Fortuna Retail Private Limited owns the trademark Drishti Gems.com.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE ABOVE PROVISIONS.

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