TERMS AND CONDITIONS
Terms and Conditions of Sale of goods and Provision of Services
These Terms and Conditions shall apply to all transactions for products and services purchased through the www.ivarjewelry.com Website. By placing your order with us you are accepting these Terms and Conditions.
PRICING, PAYMENTS AND DELIVERY
The prices payable for goods that you order are as set out in our Website. Currency fluctuations and credit card charges may make a difference to the amount billed on your credit card. We will use our reasonable endeavours to deliver the goods or services within the times indicated. However, where delivery times and dates are given, they are for general guidance only and we will not be held liable for late delivery of goods caused by circumstances beyond our reasonable control. We will also keep you updated regarding any delays.
PAYMENTS AND CURRENCIES
We accept Visa, Mastercard, and American Express. We also take payments via Paypal.
We strongly recommend that you use a card that is 3D secure enabled. If the purchase is not 3D secure, we may contact you to verify the card details.
We reserve the right to refuse & cancel any transaction if we have any reason to believe it may be fraudulent or an attempted fraud.
Also, in the event that the bank rejects to honour any payment transaction made by you towards an order, Ivar shall have the right to refuse to ship the order to you without any liability whatsoever.
PAYMENT CARD SECURITY
Due to the valuable nature of our pieces, card providers may sometimes automatically decline transactions for your protection, particularly on high value international transactions. A quick call to your card provider to verify your identity should resolve the issue. In the meantime, if there is anything we can do, such as put pieces aside for you, please contact us via customer services and we will be happy to help.
DUTIES AND TAXES
All products at IVAR are subject to local taxes and the listed price is not inclusive of domestic taxes. If the product is being shipped internationally the goods may be subject to local import duties and taxes in your jurisdiction and Ivar shall not be liable for any import duties or other taxes imposed of the good are exported out of India. Ivar shall not be liable for any import duties and taxes payable by you.
CONTRACT FOR SALE
Your order alone is not a contract of sale between you and Ivar. Only when prices and stock availability are contractually confirmed until you receive the 'confirmation of order' email sent by us, which email will be sent only after credit card authorisation has been confirmed and stock levels have been checked. These terms and conditions cannot be varied except by changes made by Ivar on the site, which we may make from time to time.
In particular, nothing said by any representative of Ivar will operate as a variation to these terms and conditions or constitutes a legal representation on behalf of them.
RECEIPT OF ORDER
Acceptance of any order shall be only after receipt of the payment in full towards such order. In the event of there being any communication of acceptance, the same shall be subject to the receipt of the payment in full. However, the mere acceptance of an order shall not be deemed to be an acknowledgement of receipt of the full payment. As stated above, once your credit card has been authorised and stock is checked to ascertain availability of the product, Ivar will send you an email receipt confirming your order. Please keep this receipt for your records.
Insurance
All our consignments will be insured. Only transit insurance shall be provided by Ivar and it shall be valid only up to the time of acceptance of delivery. If goods are being returned due to damages, they should be insured by you as they are sent at your own risk.
Delivery Information
Your Ivar jewellery will be delivered fully insured by our trusted trackable couriers. All international orders are fully insured and are sent via a secure tracked service. You will be notified by email as soon as your item has been dispatched. If you have any queries, please contact customer services who will be delighted to help. Please note, as mentioned above, that Ivar Jewellery cannot be liable for any local import duties and taxes imposed.
Shipping & Delivery
At the time of placing the order, you shall state the full name of the recipient as stated in his / her (recipient’s) government approved photo identification. At the point of delivery the recipient shall collect the product, by furnishing any one of the following government approved photo identification card:
- Passport.
- Or such equivalents in your country.
Delivery shall be made by Ivar / courier agent only after the photo and name of the recipient is verified and confirmed by them. To ensure safe and secure delivery of the package the details of the government photo identification will be noted. The recipient of the package must cooperate with the courier agent by providing required and valid copies of his / her government approved photo identification.
In case you want any other person to receive the delivery on his behalf he / she needs to specify details of the same at the point of ordering. All items shall be delivered directly to such person and under any circumstances whatsoever, you cannot change the recipient details after the order is processed.
You have the option to change the shipping address, before the product is actually shipped. In the event you wish to change the shipping address, you have to log-in to your user account on the Website and click on the "Change Shipping Address" button next to the shipping address and change the address. This "Change Shipping Address" icon will be active only till the order status changes to "Shipped". Once the order status changes "To Shipped" the "Change Shipping Address", link becomes inactive.
All shipping charges shall be borne by Ivar. Recipient accepting delivery should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with. The recipient receiving the delivery also has the option to open the package and check its contents prior to accepting the delivery or signing the delivery receipt. They shall not accept deliveries, where they find that the box is empty or the contents are damaged or the contents are not in accordance to the order placed.
The recipient, upon signing the delivery receipt, acknowledges the receipt of the product in terms of the order placed with Ivar. Ivar is not liable to the Customer / recipient for any refund / replacement, under any circumstance, for any subsequent complaints with respect to such deliveries.
If the recipient is not available at the time of delivery, Ivar / courier agent shall try and deliver the item thrice before returning the same to Ivar. All costs for re-shipment, insurance and handling in the case of non-delivery to you shall be chargeable to you.
Guarantee for delivery made by Ivar is subject to terms and conditions of the courier company. Any inconsistency / errors in name or address will result in non-delivery of the product.
DEFECTIVE AND DAMAGED ITEMS
Kindly note that that product needs to be opened on receipt, in front of the delivery person, who will then inform us and acknowledge if the piece was damaged during transit with an image of the damaged product with the timestamp. Only under these circumstances will we accept a return and initiate a refund on receipt of the damaged product. Customer Services will help you resolve any issues as quickly as possible by replacing the item or delivering another item by way of an exchange or refunding the amount paid on receipt of the defective product. The faulty item will need to be returned to us by registered post acknowledgement due to the returns address below.
RETURNS
We do not accept return of products once purchased, unless the product has reached you in a damaged condition. Kindly note that the product needs to be opened on receipt, in front of the delivery person, who will then acknowledge that the piece was damaged during transit with an image of the damaged product with the timestamp. Only under these circumstances will we accept a return and initiate a refund on receipt of the damaged product. When you return your items to us under the above mentioned conditions, please ensure you enclose your name and address and whether you require a refund or an exchange. Please pack the items back in the parcel and send it back to: Ivar, No.3 Mangesh Street T.Nagar, Chennai - 600028. India Contact: +919551062012 . Ivar will not be liable for any transportation charges or insurance costs for return of jewellery. We strongly recommend that you send your order back to us by recorded delivery. We cannot accept responsibility for goods / parcels lost in transit. Jewellery and goods purchased online cannot be exchanged or returned at any of our boutiques. If the package is lost in transit during the return process, Ivar will not take responsibility of the same. If there are any problems with your refund, a member of customer services will contact you or please do feel free to contact us on +9926234567.
Refunds due to non-availability of Product
Any refunds due by Ivar to you for non-availability of products shall be made in one of the following manners, at the sole discretion of Ivar:
- Credit card: Your credit card account will be re-credited with the refund amount by Ivar. The refund amount will be credited to your account within the time span stipulated by the bank which has issued the credit card; or
- Cheque or wire transfer: The refund amount shall be deposited into your bank account by Ivar within seven (7) business days after the receipt of your request for refund; or
- Cash or demand draft: If you have made an over the counter purchase by paying cash or demand draft, Ivar shall pay the refund amount to you through cash or demand draft within seven (7) business days after the receipt of the payment by Ivar
Disclaimer
Please note that colours on digital devices may vary from the natural colours of stones and will not be held as a valid reason to return the jewellery. Also, some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Sometimes the items may be represented larger than the actual size in order to clearly show details or smaller than the actual size in order to show the entire item. Ivar shall not be liable on this account in any manner whatsoever.
Ivar works to keep the site up to date but cannot guarantee that this site and its contents are completely free of technical errors, incorrect prices or information. By using this site, you acknowledge that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with this site. We are also not liable for any damages associated with use of this site however caused. If you are not satisfied with the site, then please email us with your comments.
CUSTOMER CARE
If you need assistance for any reason, please contact customer services or call on +919551062012 or email us at: info@ivarjewelry.com. Representatives are available from 10 am to 6 pm IST, from Monday to Saturday. We accept American Express, MasterCard, Visa. To securely receive your payments over the Internet we use PayPal. Please don't try to send orders via email, as we cannot guarantee any secure transmission of details. If you're still worried about security over the Internet, then please contact us by phone on +919551062012.
CUSTOMER RESPONSIBILITY
Ivar cannot guarantee that the sale and delivery of its goods to your particular country or location is permissible, so please be aware of your own geographic import restrictions. This site and its contents will not constitute the basis for any contractual commitment between Ivar and any prospective customer in any jurisdiction in which the solicitation of interest or the offering of or sale of products by Ivar would contravene any applicable local, regional or national legislation. No prospective customer should seek to make any order through the site from jurisdictions in which it would be illegal for Ivar to sell products.
LEGAL GOVERNANCE
Your use of this site and any agreement between you and Ivar for the sale of products / provision of services shall be governed by and shall be construed in accordance with the laws of UAE--- and shall be subject to the exclusive jurisdiction of the Courts at UAE only. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable for these terms and conditions and shall not affect the validity or enforceability of any remaining provisions.
TERMS OF USE AND PRIVACY POLICY
All transactions through the Website shall be subject to the Terms of Use and Privacy Policy, which you agree to be bound by.
Ordering Information
We want you to enjoy shopping with Ivar with the confidence that your purchase is totally supported.
BUY WITH CONFIDENCE
When ordering online, your details are protected by a 3D secure checkout and you will also receive a valuation certificate by email for insurance purposes including the carat weight and value of your piece at the time of delivery of the item.
Certification
At Ivar, we pride ourselves on setting and maintaining high standards. We provide certificates for each piece of jewellery that you purchase from us. This ensures that you not only receive exquisite pieces of jewellery, but also that you are fully aware of its value.
GUARANTEES
Ivar guarantees the quality of the products sold on its website to be of the highest quality and make. This however does not cover any issues with the products due to wear and tear. Breakage of gemstones shall not be covered under the guarantee. Any issues caused due to the quality of craftsmanship such as breakage of clasps, prongs and such will be covered under the guarantee subject to it not being due to normal wear and tear. Shipping and insurance on the same shall be borne by the purchaser.
GEMSTONES
Ivar does not take responsibility for the breakage of any gemstones and the same will not be covered under the terms of guarantee. Ivar however will provide a certificate of authenticity and wherever applicable, GIA, Gubelin or similar and applicable certificates.
SOURCING OF MATERIALS
All raw materials including the metals, gemstones, etc. have all been sourced from ethical sources. All the products have been manufactured using sustainable methods without violating any human rights, social or environmental practices.
Terms of Use
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.Studiotara.com website.
IVAR FZE ., a Company incorporated under _the laws of UAE, whose office is at UAQ FREE TRADE ZONE , UAE(hereinafter referred to as “IVAR”) maintains certain web pages accessible through www.ivarjewelry.com (hereinafter referred to as “Website”, “IVAR.com” or the “Site”) and allows use of and access to the site, subject to the terms and conditions below as applicable to the Website including the applicable policies which are incorporated herein by way of reference (hereinafter referred to as “Terms” or “Terms of Use”) and any other outstanding written agreements between you and IVAR, other than previous versions of these Terms. When you use any of the services provided through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, which shall be considered as part and parcel of this Terms of Use.
The terms “you” and “your”, as used in these Terms, refer to all individuals and entities accessing this site for any reason. These Terms affect your rights, and you should read them carefully. The term "We", "Us", "Our" shall mean IVAR.
1. Acceptance of the Terms. By accessing, Browsing or otherwise using the site, you acknowledge and represent that you have read, understood, agree to be bound by, and accept these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SITE. These Terms of Use sets out the legally binding terms, which constitute Your binding obligations with IVAR. The Terms of Use along with the Privacy Policy extends to both users, who visit the Website but do not transact business on the Website as well as users who are registered with by the Website to transact business on the Website (("Users"). Ivar reserves the right to modify or terminate any portion of the Website or the Services offered by Ivar for any reason, without notice and without liability to you or any third party. You are responsible for regularly reviewing these Terms of Use so that you will be apprised of changes, if any. Nothing in these Terms of Use should be construed to confer any rights to third party beneficiaries. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by IVAR Policies (including but not limited to Privacy Policy available on https://login.ivarjewelry.com) as amended from time to time. If you have any question about your obligations under these Terms, please email IVAR at info@ivarjewelry.com.
2. Changes and Updates to These Terms. IVAR may, at their sole discretion, at any time, modify, add, or remove portions of these Terms, without any prior notice to you. Although IVAR will post a notice of any material change to the Terms on the site for 30 days, it is your responsibility to check these Terms periodically for updates/ changes. By continuing to use the site after IVAR's posting of any changes, you agree to be bound by these Terms, as modified. Your access and use of the site is subject to the most current version of these Terms.
3. Right to Enter the site. As long as you comply with these Terms, IVAR grants you a personal, non- exclusive, non-transferable, limited permission to enter and use the site. Any unauthorized use of the site terminates the permission granted by IVAR to enter and use the site. No person under the age of 18 shall enter into any transactions on/ through the site.
4. Ownership and Use of Materials. All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the site (collectively, "Materials") are owned, controlled or licensed by or to IVAR, and are protected by copyright, patent, trade dress and trademark laws, and various other intellectual property rights. You may download, print, and view Materials from the site under these Terms as long as you use the Materials only for non-commercial, personal use and as long as you do not modify or alter the Materials. You may not copy, republish, distribute, prepare derivative works, modify, or otherwise use the Materials other than as expressly permitted by these Terms. IVAR reserves the right to revoke at any time the authorization to view, download and print the Materials available via this site, and you must discontinue such use immediately upon notice from IVAR. The rights specified above to view, download and print the Materials available on this site are not applicable to the design, layout or look and feel of this site. Such elements of the site are protected by law, including trade dress, trademark, and other laws, and may not be copied or imitated. No trademark, service mark, graphic, sound or image from the site may be copied or retransmitted unless expressly permitted by IVAR in writing.
5. Access Limits. Without IVAR's express written consent, you may not (a) use any automated means to access the site or collect any information from the site (including, without limitation, robots, spiders, scripts, or other automatic devices or programs), or (b) frame the site, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," "deep-linking", "robot", "spider" or other automatic device, program, algorithm or methodology, or any other activity similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve the right to bar any such activity. You may not use any meta tags or any other "hidden text" utilizing IVAR's name, trademarks, or service marks without the express written permission of IVAR. You may not use any IVAR logo or other proprietary graphic, trademark, or service mark as part of a link without express written permission from IVAR. When you use the site and its Materials for an authorized purpose, you must include all proprietary notices without changing or hiding them. You agree that you will not use the site in any manner that is inconsistent with applicable law or that could damage, disable, overburden, or impair the site or interfere with any other party's use and enjoyment of the site.
6. Registration Information; Security. To access certain portions of the site, you must be registered as a IVAR user and use a username and password. You represent and warrant that all information you submit on the site is accurate in all respects and you agree to maintain the accuracy of such information. If IVAR has reasonable grounds to believe that the registration information you provided is untrue, inaccurate, incomplete, or outdated, IVAR may suspend or terminate your use of the site. IVAR may disallow the use of any username that IVAR deems offensive or inappropriate. You are responsible for preserving the confidentiality of your password and for the actions of persons accessing the site through your username and password. You agree to notify IVAR immediately of any unauthorized use of your username or password. Registration is only a one-time process and if the Member has previously registered, he/she shall login / sign into his / her account.
User Warranties and Representations
BY USING THIS WEBSITE YOU REPRESENT AND WARRANT THAT:
- You are 18 years of age or older and that your use of the Website and / or Services shall not violate any applicable law or regulation.
- Your membership is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
- Your personal and non-commercial use of this Website shall be subjected to the following restriction (i) you may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (ii) you may not decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content
- You will not (a) use any product or service available on the Website and / Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website and / or Services in any way that is unlawful, or harms Studiotara.com or any other person or entity, as determined in the Ivar’s sole discretion.
- You will not host, display, upload, modify, publish, transmit, update or share any information which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information or otherwise interfere with any person or entity's use or enjoyment of the Website and / Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
- You will not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
- You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
- You will not delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
- Ivar cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Use, and, as between you and Ivar, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
- All information, content and material contained in the Website and / or Services are ivarjewelry.com copyrighted property. All trademarks, services marks, trade names, and trade dress are proprietary to Studiotara.com. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Studiotara.com 's express written permission
- You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by Ivar and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that Ivar is not responsible for those sites. Ivar reserves the right to disable links from third-party sites to the Website, although Ivar is under no obligation to do so.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- The information, content and materials on this Website and / or services are provided on an "as is" and "as available" basis. Ivar and all its affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.
- Ivar makes all reasonable efforts to display the products listed for sale on its web site(s) as accurately as possible. However, Ivar cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. Ivar does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While Ivar makes every effort to ensure that the products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Ivar reserves the right to refuse the sale of that item.
- Ivar does not warrant that the functions contained in content, information and materials on the Website and / or services, including, without limitation any third party sites or services linked to the Website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.
- Any material downloaded or otherwise obtained through the Website and / or services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
- You hereby indemnify, defend, and hold Ivar, Ivar’s distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website.
- You expressly understand that under no circumstances, including, but not limited to, negligence, shall Ivar be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: (i) the use or the inability to use the Website and / or services; or (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 Website and / or services or (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Website and / or services; or (v) any other matter relating to the Website and / or services.
- Ivar or any of the foregoing entities' respective resellers, distributors, service providers and suppliers be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond Ivar's reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of Ivar or any of the foregoing entities' respective resellers, distributors, service providers and suppliers. you further acknowledge and agree that neither Ivar nor any of the foregoing entities' respective resellers, distributors, service providers and suppliers are responsible or liable for (a) any incompatibility between the Website and / or services and any other Website, service, software or hardware or (b) any delays or failures you may experience with any transmissions or transactions relating to the Website in an accurate or timely manner. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of may not apply to you.
- Each paragraph, clause, sub-clause and provision of this terms of use shall be severable from each other and if for any reason any paragraph, clause, sub-clause or provision is invalid or unenforceable, such invalidity or enforceability shall not prejudice or in any way affect the validity or enforceability of any other paragraph, clause, sub-clause or provision, which shall be read and construed so as to give thereto, the full effect thereof, subject only to any contrary provision of the law to the effect that where this provision of this terms of use or any paragraph, clause, sub-clause or provision hereof would be but for the provisions of this paragraph read and construed as being void or ineffective it shall nevertheless be a valid terms of use, paragraph, clause, sub-clause or provision, as the case may be, to the full extent to which it is not contrary to any provision of the law.
- Those who access the Website and / or services do so, on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws. The Terms of Use is governed by the laws of United Arab Emirates. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to the Terms of Use, Privacy Policy and/ or all disputes, with respect to the products and services offered in this connection or through the Website shall be subject to the exclusive jurisdiction of the courts at Dubai only.
- All the contents on the Website, of any manner, whatsoever, is Copyrighted work protected under the Federal Law No. 7 of 2002. The unauthorized reproduction and distribution of our Copyrighted Work via the internet without our express permission constitute copyright infringement under the Federal Law No. 7 of 2002. Your act of infringement of our Copyrighted copyright and proprietary right makes you liable for action in law both civil and criminal.
- In the event of breach of the terms and conditions of this terms of use by the user, the user shall be promptly liable to indemnify Ivar for all the costs, losses and damages caused to Ivar as a result of such a breach. Further in the event of your breach of these terms of use, you agree that Ivar will be irreparably harmed and will not have an adequate remedy in money or damages. Ivar therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request. Ivar’s right to obtain such relief shall not limit its right to obtain other remedies.
- Any failure of Ivar to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision.
- Violate any applicable law, regulation, or the Terms; .
- Tamper with other users' postings; .
- Solicit or gather any user's information available from the site, such as other users' names and email addresses, for the purpose of transmitting any unsolicited advertising, "junk mail", "spam" or "chain letters"; .
- Impersonate or misrepresent your affiliation with any person or entity or create a false identity to mislead others; .
- Post false or misleading information; .
- Post or transmit any content that infringes a third party's Intellectual Property Rights (as that term is defined below) or rights of publicity or privacy, that you do not have the right to disclose under contractual or fiduciary obligations, or that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, threatening, pornographic, racist, harmful (including viruses, corrupted files, or any other similar software or programs), disparaging of IVAR or other users, or otherwise objectionable; .
- Sell or otherwise monetize or commercialize any information posted on the site; .
- Violate any other policies stated on the site; .
- Repeat any action after you receive a warning or request from IVAR to stop, whether or not that action is explicitly prohibited in policies. This includes continuing to use the site under the same account, a different account, or reregistering under a new account after your account has been temporarily suspended, indefinitely suspended, or terminated; or .
- Fail to respond to an email from IVAR regarding a violation, dispute or complaint. .
- Use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of IVAR and / or others.
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
YOU HAVE READ THE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
7. Electronic Communications. When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. By being a IVAR, you authorize IVAR to send electronic mail to you notifying you of changes or additions to this site or any of IVAR's products or services.
8. Privacy Policy. Your privacy is important to IVAR. Please review IVAR's Privacy Policy regarding information we collect through your use of the site, the terms of which are incorporated herein by reference.
9. User Obligations. You agree NOT to do any of the following while using the site:
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Customs Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
10. Posting Information on the site; Submissions. To operate the site, IVAR requires certain rights. When you post text, files, links, attachments, photos, videos, or other materials or information (collectively, "User Content") to visible areas of the site (such as chat areas, message boards, profile pages, or "blogs"), you are granting, or representing that the owner of such User Content has granted, a worldwide, royalty-free, perpetual, irrevocable, sub licensable, transferable, fully paid up, non-exclusive right under all Intellectual Property Rights to use, copy, reproduce, modify, transmit, distribute, perform, analyze, remove and display such User Content (in whole or in part) and incorporate such User Content in other works in any form, media or technology. Excluding certain information contained in your profile, and subject only to restrictions in our Privacy Policy, all material, information, or ideas that you upload, publish, distribute, post, or disseminate on or through the site will be treated as non- confidential and non-proprietary, and may be used or disseminated by IVAR or its affiliates for any purpose. You also acknowledge and agree that IVAR is free to use any ideas, concepts, know-how, feedback, or techniques that you provide for any purpose without any compensation to you. You are responsible for the consequences of posting User Content regarding IVAR or any third party, including other users, and agree to hold IVAR harmless from any damages suffered or claims asserted by a third party as a result of any comment or information you choose to post or distribute. You may be held legally responsible for damages suffered by other users, IVAR, or other third parties as a result of legally actionable or defamatory comments, other comments or information, or User Content that you post to the site. IVAR is not legally responsible for any comments, information, or other User Content posted or made available on the site by any user or third party, even if such information or User Content is defamatory or otherwise legally actionable. IVAR is not responsible for your or another person’s misuse or misappropriation of User Content or for your interactions with others on the site. IVAR is also not responsible for and does not monitor or censor User Content for accuracy or reliability. IVAR, however, may remove or restrict access to information or User Content posted or made available on the site by its users or any third party if ordered to do so by a court or if IVAR considers such information or User Content to be in violation of these Terms, posted rules or its policies and procedures. IVAR IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON THE SITE.
11. Links to External sites. IVAR may provide links on the site to other independent websites on the Internet that are owned and operated by third party vendors or other third parties not under the control of IVAR. These links are not intended as an endorsement by IVAR of the entity or individual operating the Website or a warranty of any type regarding the Website or the information on the Website. By using this site, you acknowledge that IVAR is not liable or responsible for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Accuracy of Information on the site. IVAR attempts to provide only accurate information, but some inaccuracies may occasionally be present. By using the site you acknowledge that IVAR will not be liable or responsible for any damage or loss caused by or in connection with the use of or reliance on any information on the site. If you find any information on the site to be inaccurate, please alert IVAR at info@ivarjewelry.com.
13. Termination. IVAR may suspend or terminate your use of the site for any reason, including, without limitation, if IVAR believes that you have violated or acted inconsistently with these Terms. IVAR may also modify or discontinue providing the site, or any part thereof, with or without notice. IVAR is not liable to you or any third-party for any termination of your access to the site, or any modification or termination of the site.
15. No Warranty; Disclaimers. THE SITE IS PROVIDED "AS IS," AND "AS AVAILABLE" BASIS. IVAR EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, IVAR DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR BE AVAILABLE CONTINUOUSLY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IVAR OR THROUGH OR FROM THE SITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Without prejudice to the forgoing paragraph, IVAR does not warrant that:
16. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IVAR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IVAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR THESE TERMS IN AN AMOUNT GREATER THAN Rs.1000/-. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.
17. Dealings with Advertisers or Partners. Your correspondence or business dealings with or participation in promotions of advertisers or partners found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that advertiser or partner. You agree that IVAR is not responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the site.
18. Intellectual Property. All Materials are the property of IVAR or the parties specifically indicated, and are protected by copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"). Except as expressly provided in these Terms, IVAR does not grant any express or implied right to use the Materials. The collection, arrangement and assembly of any Materials are the exclusive property of IVAR or its licensors and are protected by Indian and international intellectual property laws, including copyright laws. All software used on this site is the property of IVAR or its software suppliers and are protected by Indian and international intellectual property laws, including copyright laws. "IVAR" logos and service names are trademarks of IVAR. All other marks contained on this site are the property of the parties indicated.
19. Indemnity. You agree to indemnify, defend and hold harmless IVAR, and its subsidiaries, affiliates, officers, agents, co-branded partners or other partners, employees, owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim, damages, demand, expenses, losses, liabilities or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to, arising from or related to (a) your violation of these Terms, (b) your use of the site, (c) User Content that you submit, post to, or transmit through the site, (d) your access to or use of linked sites, and (e) any dealings between you and any third parties advertising or promoting via the site or Software.
21. Void Where Prohibited. IVAR controls, operates, and administers the site from its offices in Mumbai, India. Although the site is accessible worldwide, not all features, products or services offered through or on the site are available to all persons or in all geographic locations, or appropriate or available for use outside India. IVAR reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the site is void where prohibited. If you choose to access the site from outside India, you do so on your own initiative, and you are responsible for complying with applicable local laws.
23. General. If any portion of these Terms is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effect the parties' intent as reflected by that provision, and the remaining portions of these Terms will be given full effect. IVAR's failure to act in a particular circumstance, including any failure by IVAR to enforce or exercise any provision of these Terms, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. IVAR will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms. IVAR may assign its rights and obligations under these Terms to an entity that acquires all or substantially all of the assets of IVAR or to any subsidiary or successor in a merger or acquisition involving IVAR. These Terms, in addition to any other written agreement between you and IVAR, constitute the entire agreement between IVAR and you with respect to your access to or use of the site, superseding any prior versions of these Terms. If an express conflict exists between these terms and a written agreement between you and IVAR, such written agreement supersedes these Terms.
24. Special Provisions Applicable to Users Outside India. You have given us your express and informed consent to transfer any data or other information that you provide to us to India and to process it in India.
25. Payments made through Website. You understand, accept and agree that the payment facility provided through the Website is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, IVAR is neither acting as a trustee nor acting in a fiduciary capacity with respect to any transaction through the Website.
All payments made through the Website including all Valid Credit / Debit/ Cash Card/ Online Bank Transfers from Valid Bank Accounts and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between You and the respective Issuing Bank and payment instrument issuing company (if applicable)
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
a) Lack of authorization for any transaction/s, or
b) Exceeding the present limit mutually agreed by You and between "Bank/s", or
c) Any payment issues arising out of the transaction, or
d) Decline of transaction for any other reason/s
25. Grievance officer. In accordance with Information Technology Act 2000 and rules
made
there under, the name and contact details of the Grievance Officer are provided
below:
Tara Maria George
26. Applicable Law and Jurisdiction. Terms of Use shall be governed by and interpreted and construed in accordance with the laws of United Arab Emirates. All disputes shall be subject to the exclusive jurisdiction of the courts at Dubai, only.
27. Contact Us. Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
IVAR FZE , UAQ FREE TRADE ZONE , UAE.
Phone: + -919551062012
Email: info@ivarjewelry.com
Time: Monday – Friday (9:00 - 18:00)
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