Terms & Conditions
APPLICABLE TO THE USE OF THIS WEBSITE
(Last revised 14 January 2021)
These Terms and Conditions (the “Terms”), together with the documents referred to within the Terms, set forth the legal terms and conditions governing your use of the website operated by De Beers India Private Limited, www.forevermark.com/en-in/ (the "Site"). De Beers India Private Limited is a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at TCG Financial Centre, 6th Floor, C-53, G Block, Bandra Kurla Complex, Bandra (East), Mumbai – 400098, Maharashtra, India.
All references to 'our', 'us' or 'we' within these Terms are deemed to refer to De Beers India Private Limited.
Your use of the Site (including accessing, browsing or registering to use the Site) confirms your unconditional agreement to be bound by these Terms and is subject to your continued compliance with these Terms.
We reserve the right to revise these Terms at any time by amending this page and your continued use of the Site after any such amendments are published on the Site will be considered acceptance by you of such amended Terms. Updated terms will supersede all previous versions of the Terms. Please check this page regularly to take notice of any changes we have made, as they are binding on you. In the event the amended Terms are not acceptable to you, you should immediately discontinue using the Site. If you continue to use the Site, you shall be deemed to have agreed to the modified Terms for use of the Site.
IF YOU DO NOT ACCEPT THESE TERMS YOU MUST NOT USE THE SITE.
1. Other Applicable Terms
These Terms refer to the following additional terms, which also apply to your use of the site:
• Our Acceptable Use Policy, which sets out the permitted and prohibited uses of the Site. When using the Site, you must comply with this policy.
2. Access to the Site
Access to the Site is permitted on a temporary basis and we may make changes to the Site from time to time and may change, suspend or withdraw the content of all or any part of the Site at any time without notice.
All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. You may share material and content from the Site via social media only through use of the social media share icons provided on the Site and only for your lawful, personal, non-commercial use. All other downloading, republication, retransmission, reproduction or other use of material and content on this Site, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. You agree that you are permitted to use this material and/or content only as set out in these Terms or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content or use it for commercial purposes, without our prior written consent. You may not offer for sale or distribute over any medium, any part of this Site or any of its content. You shall not interfere or attempt to interfere with the operation or use of Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms.
4. Intellectual property
We are the owner and/or authorised user of all trade marks, trade names, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise expressly indicated. Except as provided in these Terms, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms, any use or reproduction of the intellectual property, including without limitation to commercialise the intellectual property in any way, is strictly prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark, service mark or logo displayed on this Site without our prior written permission or the prior written permission of such other third party that may own the trade mark, service mark or logo displayed on this Site. Your use of the trade marks, service marks or logos displayed on this Site, except as provided herein, is strictly prohibited. We shall not be liable for any claims including that relating to infringement of any intellectual property rights in relation to the Site and/or its contents.
5. No warranties
This Site (including the any information, materials, text, graphics, links or other items included in this Site) is provided "as is," “with all faults” and “as available”, without warranties of any kind. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.
Please note that we are under no obligation to update the content and it may be out of date at any given time. We do not guarantee that the Site or any content on it will be free from errors or omissions. We provide the Site "as is" and without express or implied warranties of any kind.
We do not warrant that the Site will be free from viruses. Although we take reasonable steps to secure the Site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Site will be safe from unauthorised access or use.
The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons and we will not be liable to you if for any reason the Site is not available at any time.
If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
6. Third party services
7. Linking to our site
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not frame or deep link this Site. The website from which you are linking must comply in all respects with our Acceptable Use Policy and with applicable laws. You must not establish a link in such manner that suggests endorsement, association or approval on our part where none exists.
8. Account and Registration
Users must be persons who can form legally binding contracts under the Indian Contract Act, 1872 (“Contract Act”). Such users may register, visit or use the Site in accordance with these terms. Persons who are “incompetent to contract” within the meaning of the Contract Act including minors, un-discharged insolvents, etc. are not eligible to use the Site. By registering, visiting or using the Site, you hereby represent and warrant to us that you are 18 years of age or older, and that you have the right, authority and capacity to use the Site, and agree to abide by the Terms. If a User is below 18 years of age, it is assumed that he/she is accessing, browsing and/or using the Site under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the Terms on behalf of the minor. If we are made aware that a user is under the age of 18 and is accessing, browsing and/or using the Site without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice.
You hereby agree and confirm that you will:
- a) provide accurate, correct, valid and subsisting information at the time of registration on the Site and anytime thereafter or otherwise through the course of the use of the Site, as may be required (“User Information”);
- b) maintain and promptly update the User Information to keep it true, accurate, current and complete always. We reserve the right to confirm and to validate the information and other details you provided. If you provide any information that is untrue, inaccurate, incomplete, or not current, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or not current, we reserve the right to reject your registration and/or indefinitely suspend or terminate your membership and refuse to provide you access to the Site; and
- c) indemnify us and keep us indemnified from and against all claims resulting from the use of any detail / information / registration data that you post and/or supply to us. We shall be entitled to remove any such detail / information / User Information you posted even without any prior notification.
You shall provide all information requested by us for creation / opening of your user account and usage of the Site. You agree and acknowledge that we are entitled to verify, examine and process all the information / content shared by you with us and we, at our sole discretion, are entitled to delete, modify and tweak such information / content. You shall not directly or indirectly attempt to gain unauthorised access to the Site, other users’ account(s), computer systems and/or networks connected to the Site through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to the user. You agree not to use any device or software to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site.
9. Your responsibility
If you choose or are provided with a user identification code, password or other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to a third party. You are liable to ensure that your user identification code or password are not disclosed or transferred to any other person. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com. If we have valid reason(s) to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account without any liability whatsoever.
Any fraudulent use of this Site, which causes any monetary loss to us as a result of your action / inaction shall be recovered solely from you. Without prejudice to the above, we reserve the right to initiate legal proceedings against you for fraudulent use of this Site or for any other unlawful act or omission in breach hereof.
You also understand and acknowledge that the use of the Site requires internet / mobile network connectivity. You shall bear the costs incurred to access and use the Site and we shall not, under any circumstances whatsoever, be responsible or liable for such costs. You shall be solely responsible for all activities undertaken through your user account (whether you have authorised such activities or actions) or otherwise through the course of your use of the Site and shall, at all times, keep us indemnified in this regard. You shall not use (directly or indirectly) the Site and our other facilities in any manner or in furtherance of any activity, which constitutes a violation of: (a) of these Terms; and (b) a violation of any applicable law or regulation or which may cause us to be subject to investigation, prosecution or legal action.
You warrant that you will comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Site and any other related activities. You further warrant that you will not use the Site in any way prohibited by Terms or other documents referenced in these Terms or under applicable law.
10. No liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability which cannot be excluded under Indian law, provided that notwithstanding anything contained herein, in no event shall our liability exceed INR 50,000. Subject to the foregoing, we will not have any liability for any loss, cost or damage whether in contract, tort (including negligence), breach of statutory duty, or otherwise (even if foreseeable or whether we have been expressly advised on the possibility of such damages), suffered by you or any third party as a result of your use of the Site for or in connection with:
- use of, or inability to use, our site;
- any third party software you may download from the site; or
- use of or reliance on any content displayed on our site.
Please note that we also will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of privacy or loss of programs or loss of data to any person;
- loss of business opportunity, goodwill or reputation; or
- any indirect, consequential, punitive, exemplary or special loss or damage.
We disclaim any responsibility for damages or losses incurred on account of reliance on reviews of the users of our services and/ or products, whether on our Site or elsewhere. We do not regularly review posted comments but reserve the right to monitor and edit or remove any comments submitted to the Site. We accept no responsibility for such content or the accuracy of such content or assume any liability for the comments submitted by you or any third party.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
We are not responsible for problems with hosting services, servers or internet service providers, telephone networks or telephone services or for any injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site or related to or resulting from generally using or downloading materials in connection with the internet.
We shall not be liable for any losses or damages resulting from: (a) the hacking, tampering or other unauthorised / illegal access or use of our technologies, your user account or the information contained therein; (b) failure of any transaction due to the reason attributed to (i) the participating banks whose credit or debits cards are being used by the buyer of the transaction, (ii) any other third party service provider, or (iii) failure on part of payment gateways facilitating payments for a transaction; (c) any failure or deficiency in providing services to the buyer; or (d) any technology failure such as slow working of the Site including interruptions or delays in access to the Site, Site crashes, uptime, downtime, failure of payment gateways, call centre services.
You hereby agree to indemnify and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from: (a) your access to or use of the Site; (b) violation of the Terms and any document(s) referenced in these Terms; (c) any breach of the warranties that you have made; and (d) infringement, or infringement by any other user of your account with us. We reserve the right to exclusively defend and control any such claim, loss, liability, or demand and in addition to your foregoing obligations, you agree that you will fully cooperate with us when we defend those claims.
11. Information submitted by you
Where you make use of a feature which allows you to upload content to us or the Site, or to make contact with other users of the Site, you must comply with the standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any loss or damage we suffer as a result of any breach of that warranty. We have the right to remove any content or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted to the Site by users and, we cannot take responsibility for such content. Any use or reliance on any third party content or materials posted via the Site or obtained by you through the Site is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or other material posted on the Site or endorse any opinions expressed on the Site. You understand that by accessing the Site, you may be exposed to content that might be offensive, harmful, inaccurate, objectionable or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive, even though it may not have been identified as such. Under no circumstances will we or our affiliates be responsible, or liable to you or any third party, for content that may be deemed offensive, indecent, or objectionable to you, for the content or accuracy of any materials posted by you or any other user of the Site, or any loss or damage of any kind incurred as a result of the use of any content or other materials posted, emailed, transmitted or otherwise made available on the Site. You agree to use the Site at your sole risk and that to the fullest extent permitted under applicable law
12. Rights you licence
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Accordingly, we ask that you do not send us any original creative materials such as designs, photographs, drawings, or original artwork that you expect to be compensated for or that you would like to keep private.
If you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by us without restriction for any purpose whatsoever, including without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas.
You hereby irrevocably grant us the right, but not the obligation, to reproduce, modify, adapt, publish, license, post, sell, translate, incorporate, create derivative works from, exploit, issue or communicate to the public and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity (or the maximum period as may be permitted under applicable law), without according you any royalty, compensation or credit. By submitting a Submission to the Site or us, you warrant and represent that such Submission is original and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. You agree that you will be liable to us and indemnify us for any breach of that warranty. Submissions to the Site and/or us will not be acknowledged or returned. You agree and understand that we are not obligated to use any Submission you make to the Site or us and you have no right to compel such use. You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to us does not place us in a position that is any different from the position held by members of the general public with regard to your Submission.
You understand and acknowledge that we have wide access to ideas, designs and other materials, and that new ideas are constantly being submitted to it or being developed by our own employees. Many may be competitive with, similar or identical to your Submission in structure, design, purpose, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical material.
Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any material you submit to the Site and/or us, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any of our platforms, products or services based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
13. User information
14. Restriction, suspension and termination
We may restrict, suspend or terminate your access to the Site, in whole or in part (including the right to disable your username or password), and/or your ability to avail of any of the services on the Site, including interactive services, with or without notice, for any reason or no reason at all, including but not limited to if we believe that you have breached these Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms. Please note that we have the ability to trace your IP address and if necessary, contact your ISP in the event of a suspected breach of these Terms. Furthermore, we may report such breach / violation to the law enforcement agencies and initiate legal action against you in accordance with applicable laws for breach of the Terms. We will determine your compliance with these Terms in our sole discretion and our decision shall be final and binding and not subject to challenge or appeal. We reserve the right to refuse the access of the Site to anyone (without assigning any reason), including you, at any time.
Any provision of these Terms which impose an obligation or create a right that by its nature will be valid after termination or expiration of the Terms shall survive the termination or expiration of the Terms.
From time to time, the Site may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
17. Law and jurisdiction
The courts in India will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India.
18. Contact Information
Any complaints, concerns or comments with regards to the Site or the content thereof shall be immediately informed to the designated ‘Grievance Officer’ as mentioned below.
Name of the Grievance Officer: Merwyn Mascarenhas
(with a copy to firstname.lastname@example.org)
Landline: +91 (022) 67865591
Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Term and shall be ignored in construing the same.
Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
The words “include” and “including” are to be construed without limitation.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access the Site. This acceptable use policy applies to all users of, and visitors to, the Site. Your use of the Site means that you accept, and agree to abide by, all the policies in this acceptable use policy (including but not limited to Our Privacy and Cookies Policy), which supplement our Terms for the Site.
1. Prohibited uses
You may use the Site only for lawful purposes. You may not use the Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, insult, defame, intimidate or humiliate any person.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- To host, display, upload, modify, communicate, publish, transmit, update or share any information or products/goods/items that: (a) belong to another person and to which you do not have any right to; and/or (b) are false, misleading or inaccurate.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our Terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of the Site
- any equipment or network on which the Site is stored
- any software used in the provision of the Site
- any equipment or network or software owned or used by any third party.
2. Interactive Services
We may from time to time provide interactive services on the Site, including, without limitation:
• Chat rooms.
• Bulletin boards.
• User generated content functionality (interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will decide whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Your use of such interactive services is at your own risk.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
3. Content Standards
These content standards apply to any and all material which you contribute to the Site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from Us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
4. Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Terms upon which you are permitted to use the Site, and may result in us taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use the Site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to the Site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (if you are a consumer, that means that you will be responsible for all of our losses and recovery costs).
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
5. Governing Law and Dispute Resolution
Please note that the terms of this policy, its subject matter and its formation are governed by Indian law. You and we both agree that the courts of Mumbai will have exclusive jurisdiction.
6. Assignment of Contract
We can transfer our rights and obligations under these terms to any third party.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page and shall be effective upon posting on the Site, and your continued use of the Site after any such amendments are published on the Site will be considered acceptance by you of such amendments. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the Site. In the event the amended terms are not acceptable to you, you should immediately discontinue using the Site. If you continue to use the Site, you shall be deemed to have agreed to the modified terms for use of the Site.