Terms of Services on the KUDWAL GEMS LAB Website and/or Mobile Apps:
The terms refer to the Company KUDWAL as a provider for home products
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3
(a) The domain name www.kudwalgemslab.com (hereinafter referred to as “the Website”) is owned by KUDWAL (hereinafter referred to as the “Company”), having its registered office at Ramganj, Ajmer, Rajasthan, 305001.
We take the orders online, collect payments and deliver the products at the doorstep of the user. Any order placed by you is subject to product availability, delivery capacity and acceptance by KUDWAL GEMS LAB.
Use of this Website/Application is only available to those above the age of 18, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Website, you may do so through your legal guardian and the Website/Application reserves the right to cancel your order on knowledge of you being a minor and having registered on the Application or availing any of its services without a legal guardian.
YOUR REGISTRATION OBLIGATIONS
PLATFORM FOR TRANSACTION AND COMMUNICATION
The Website/Application is a platform that users utilize to meet and interact with one another for their transactions. www.kudwalgemslab.com is not and cannot be a party to or control in any manner any transaction between the Website’s users to browse through the variety of products available for sale/export. The transactions between www.kudwalgemslab.com and the users shall be kept confidential.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the Courts located at Jaipur and/or Pune, and you hereby submit to the jurisdiction of such Courts.
All commercial/contractual terms are offered by and agreed to between you and www.kudwalgemslab.com. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
The Website/Application is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. KUDWAL GEMS LAB is only providing a platform for selling the products traded.
KUDWAL GEMS LAB is not responsible for delays as a result of products which are out of stock, unavailable or back ordered.
You shall agree upon the manner and terms and conditions of delivery, payment, insurance etc.
Disclaimer: Pricing on any product(s) as is reflected on the Website/Application may due to some technical issue, typographical error or product information published may be incorrectly reflected and in such an event KUDWAL GEMS LAB may cancel such order(s).
You release and indemnify KUDWAL GEMS LAB and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Website and specifically waive any claims that you may have in this behalf under any applicable law.
Refund shall be made through the original payment mode. Once, we receive the refund request, we shall process the refund within 7-14 business days. We have all the right to block the user, if the user makes false order/s.
Membership on the Website is free for buyers. KUDWAL GEMS LAB does not charge any fee for browsing on the Website. KUDWAL GEMS LAB reserves the right to change its fee policy from time to time. In particular, KUDWAL GEMS LABmay at its sole discretion introduce new products/services and modify some or all of the existing products/services offered on the Website. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
You are a restricted user of this website. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website/Application. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/Application is not permitted.
8.1 You agree not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/Application is specifically banned. You acknowledge and agree that by accessing or using the Website/Application or services, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/Application. Further, you may report such allegedly offensive content.
8.2 In places where this website/Application allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
a) Abuse, harass, threaten, defame, delude, erode, abrogate, demean or otherwise violate the legal rights of others;
b) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e) Post any file that infringes the copyright, patent or trademark of other legal entities.
f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/Application or another’s computer;
g) Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to, the Website/Application, or any other customer of the website/Application, including any website/Application account not owned by you, to its source; or exploit the Website/Application or service or information made available or offered by or through the Website, in any manner, whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Website;
h) Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Application, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
i) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
k) Violate any code of conduct or other guidelines, which may be applicable for or to any particular service;
l) Violate any applicable laws or regulations for the time being in force within or outside India;
n) Create liability for us or cause us to loose (in whole or in part) the services of our internet service provider (“ISP’s”) or other suppliers;
o) Multiple accounts are not allowed on the application. Result of such activity is all irrevocable account suspension.
p) Our payment methods can be changed anytime without any notification
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall KUDWAL GEMS LAB assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in the Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
Contents Posted on Site
KUDWAL GEMS LAB is liable only for the contents posted by it on the Website and holds no responsibility for any other content posted by any user or third party. Content(s) if posted by anyone other than KUDWAL GEMS LAB, that party shall solely be liable for such content(s).
You may use information on the products and services purposely made available on the Website for downloading, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our services, to comply with our legal obligations, to enforce our user Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our services.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, KUDWAL GEMS LAB does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading.
KUDWAL GEMS LAB will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. KUDWAL GEMS LAB does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the products sold on Website are governed by different state laws and if the seller is unable to deliver such products due to implications of different state laws, the seller will return or will give credit for the amount (if any) received in advance by the seller from the sale of such product that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.
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:
Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed by you and between “Bank/s”, or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping/delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between buyer and seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render KUDWAL GEMS LAB liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Website.
You have specifically authorized KUDWAL GEMS LAB or its service providers to collect, process, facilitate and remit payments and/or the Transaction Price electronically or through Cash on Delivery to and from other users in respect of transactions through Payment Facility.
You understand, accept and agree that the payment facility provided by KUDWAL GEMS LAB is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the KUDWAL GEMS LAB Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, KUDWAL GEMS LAB is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
You, as a buyer, understand that upon initiating a Transaction you are entering into a legally binding and enforceable contract with the seller to purchase the products and /or services from the seller using the payment facility, and you shall pay the Transaction Price through your Issuing bank to the seller using payment facility.
You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by payment facility on any extension / increase in the dispatch and/or delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of dispatch/delivery time or subsequent novation/variation of the Transaction should be in compliance with the Rules and Policies.
You, as a Buyer, shall electronically notify payment facility using the appropriate KUDWAL GEMS LAB’s Website features immediately upon Delivery or non-delivery within the time period as provided in Policies. In case of Cash On Delivery transactions, buyer is not required to confirm the receipt of products or services.
Except for Cash On Delivery transaction, refund, if any, shall be made at the same issuing bank from where Transaction Price was received.
For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favor of the buyer (s) as per registration details provided by the Buyer)
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
KUDWAL GEMS LAB reserves the right to impose limits on the number of Transactions or Transaction Price which it may receive from on an individual valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.
KUDWAL GEMS LAB reserves the right to refuse to process Transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements with KUDWAL GEMS LAB or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
KUDWAL GEMS LAB may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the buyer for security or other reasons at the discretion of KUDWAL GEMS LAB. As a result of such check if KUDWAL GEMS LAB is not satisfied with the credibility of the buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / buyers commitment to pay Transaction Price.
KUDWAL GEMS LAB may delay notifying the payment confirmation i.e. informing seller to dispatch, if KUDWAL GEMS LAB deems suspicious or for buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, KUDWAL GEMS LAB may hold Transaction Price and may not inform seller to dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
The buyer and seller acknowledge that KUDWAL GEMS LAB will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of KUDWAL GEMS LAB.
Compliance with Laws:
Buyer and seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India).
DATA PROVIDED BY US
9.1 From time to time, our team may post comments or articles. These articles are the Intellectual Property of the Company and you are prohibited from posting, re producing, publishing, changing, editing such articles. In case that you have a problem with any article so posted, you may report the same via mail and we will look into it. We are under no obligation to remove such articles and the final decision lies with us.
9.2 We take utmost care to ensure that data provided at our Website is true and accurate. Sometimes, system errors creep in and data generated by other users may be false. We are not responsible for any such data.
9.3 We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property and Trademark infringement, breach of laws, etc.
9.4 From time to time, our Website will have external links connected to other websites. We in no way endorse these websites. We are in no way liable for the information found on those websites. External websites may have their own policies and we in no way are responsible for any loss or damage cause by the same to you. You are advised to use your own risk.
TRADEMARK, COPYRIGHT AND RESTRICTION
This site is controlled and operated by KUDWAL GEMS LAB and products are sold by different sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
You agree to defend, indemnify, and hold harmless KUDWAL GEMS LAB, its officers, subsidiaries, affiliates, successors, assigns, directors, founders, officers, agents, service providers, suppliers, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses arising from:
(i) Your use of and access to the website and/or the service;
(ii) Your violation of any term of these Terms; or
(iii) Your violation of any third party right, including without limitation any copyright, trademark, trade secret, or other property, or privacy right; or
(iv) Any claim that your content caused damage to a third party;
This defense and indemnification obligation shall survive termination, modification or expiration of these Terms and your use of the service and the website.
TERMINATION AND LIMITATION OF SERVICE
You acknowledge and agree that KUDWAL GEMS LAB may establish limits from time to time concerning use of the service, including among others, the maximum number of days that content will be maintained or retained by the service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the service, and the frequency with which you may access the service or the website. You acknowledge and agree that KUDWAL GEMS LAB has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the website or the service. You acknowledge and agree that KUDWAL GEMS LAB in its sole and absolute discretion, has the right (but not an obligation) to delete, or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the services Immediately and without notice and remove and discard any content within the service, for any reason or no reason at all, including without limitation, if KUDWAL GEMS LAB believes that you have violated these Terms.
In the event of a force majeure act or upon the outbreak of certain natural and/or man-made calamity such as earthquake, war, riots, epidemics etc. the parties may be absolved of their responsibilities as warranted under these terms at the instance of KUDWAL GEMS LAB. Should the force majeure event permanently absolve a party of any of its responsibilities under these terms, the accounts and dues shall be settled.
If you have any issue to report with respect to the website or the service/order, you can contact our Customer Support Team at: