Terms of Use

Please read these terms of use carefully before using this website. If you do not agree to this Terms of Use you may not use this Website. By using this Website, you signify your explicit assent to this Terms of Use as well as the Website's Privacy Policy (which is hereby incorporated by reference herein). These Terms of Use sets out the legally binding terms of services available on the Website as well as at the terms of use of this Website. These Terms of Use along with the Privacy Policy extends to both users, who visit the Website but do not transact business on the Website ("Users / Guests") as well as users who are registered with by the Website to transact business on the Website ("Members"). The Company reserves the right to modify or terminate any portion of the Website or the Services offered by the Company 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.

Definitions

"Jewellery" means the jewellery that is predesigned or jewellery set with diamonds and / or gemstones that are available for sale on our website. Please note that all Jewellery is sold on "as is" basis. "Mounts" are defined as designs that hold a diamond(s) / gemstone(s) in place, which may or may not have diamonds/ gemstones. Members can select Mounts and diamonds separately to create customized Jewellery. "Loose Diamonds" are individual diamonds that can be bought without being set on Mounts.

Description of Services

This Website provides access to trading, pricing, news and other information services related to diamonds, precious gems and jewellery. Certain Services available on this Website are for the use of Members only. Please note that some of the terms under these Terms of Use, differ for purchases for personal consumption and for investment purposes.

This Website offers services for Members who wish to purchase diamonds / jewellery for personal consumption, inclusive of, customized and readymade Jewellery. The Website also offers services to sell diamonds for investment. The Website displays diamonds and gemstones that are specifically recommended for the purpose of investment. The Website will also feature the recommendations of a trained diamond consultant, circulate a list of investment grade diamonds and recommend good buys. Recommendations of the consultant are not guaranteed under any circumstances and the Company shall not be held liable for any loss and / or damage suffered by Members who rely on such recommendation.

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. The Company shall not be liable for any legal action on this account.

Registration

Users may register on the Website to become Members prior to the completion of any transaction on the Website. Guest checkout will be provided with a user account on completion of purchase.

To register onto the Website the User will have to provide Personal Information (as defined in the Privacy Policy), including but not limited name, e-mail, contact number, contact address and customer verification question (example: your mother's maiden name), which will be used for verification purposes.

Registration is only a one time process and if the Member has previously registered, he/she shall login / sign into his / her account.

Order

Retail Purchase

Any Member who wishes to purchase an item from the Website can either:

1. Add the selected diamond(s) directly to the shopping cart; or

2. Customize jewellery by adding diamond(s) to a ring, pendant, earring or any other type of jewellery that is expressly stated as customizable on the Website and then add the item to the shopping cart; or

3. Choose from the selection of Jewellery available on the Website and add the item to the shopping cart; or

4. Call our trained consultants on 0091 44 25353530 to place an order. The Member will receive the form for ordering via email/ fax/ courier based on their convenience.

In the event of a User wishing to make a purchase, the User may be required to register on the website after adding the item(s) to the shopping cart. The Members shall also provide any other mandatory information required under law like Personal Account Number (PAN) at the time of purchase.

Orders, are normally considered complete only after the payment has been received by Aimdiamond.com

To confirm the orders, Aimdiamond.com may at random, call up the Members who have placed orders through the Website and ask the Member a verification question. Aimdiamond.com will confirm the order only after the verification question is answered by the Member.

Once the purchase of item(s) is confirmed, aimdiamond.com:

1. In the case of Loose Diamond or customized jewellery - order for the diamond(s), set it on the Mount and deliver it to the Member; or

2. In the case of Jewellery - order for the manufacture of the Jewellery and deliver it to the Member.

3. In the event the bank rejects to honor any payment transaction made by a Member towards an order, aimdiamond.com shall have the right to refuse to ship the order to the Member without any liability whatsoever.

Product Availability

Aimdiamond.com may not own any of the diamonds and other products listed on the Website. In such cases, aimdiamond.com only orders the products listed on the Website from third party traders and merchants after the confirmation of the order by the Member and delivers the same to the Member. In such a scenario, there is a possibility that the item ordered by the Member might have been traded since the listing on the Website might not be available at that point of time.

In the event the diamond(s) get(s) traded in the market before making the payment / sealing the order, aimdiamond.com will call the Member and suggest an alternate diamond. In case the Member chooses a new diamond, aimdiamond.com shall confirm the new order. If the cost of the new selection is more expensive than the previous one, the Member shall have to pay the differential amount. If the cost of the new selection is less expensive than the previous one, aimdiamond.com shall refund the excess amount to the Member in the manner specified below in this Terms of Use.

Pricing Diamond prices vary from one category of diamonds to another and seller to seller where numerous factors like reputation of the sellers, brand value, design of the Jewellery etc. have an impact on the price of the diamond. The demand and supply of diamonds in the market can also affect the price of the diamonds. The prices stated on the Website may be substantially higher or lower than the actual prices in the retail markets.

All pricing information available on the Website must be used as a general guideline for diamond prices. While this Website is designed to provide most accurate diamond pricing information, the information about the diamonds does not provide an appraisal or guarantee of value, nor does it give suggestions or recommendation of any sort for buying or selling diamonds. All grading and pricing are subjective methods of analysis and no guarantee is made or liability assumed as to the accuracy or validity of the information provided by the Service or the expertise of those providing information via the Service.

Infrequently, data may be inaccurately displayed on the Website due to system errors. Aimdiamond.com reserves the right to correct any and all errors when they do occur and the Company does not honor inaccurate or erroneous prices. The prices on the Website are also subject to change without notice. For any order the price is the prevailing price on the day the order is confirmed. The prices of the products listed on the Website are fixed and not negotiable. If you have any questions, please do not hesitate to contact us at 0091 44 25353530.

Gold Weight Variance

The gold weight mentioned on the website for jewellery and mounts may vary upon manufacture of the product. In case, the customer receives a product of lesser gold weight than the value paid for, the Company will refund such differential amount to the Customer.

Advance / Part Payment

Aimdiamond.com may, at its sole discretion, request the Member to pay a percentage of the value of the transaction as an advance at the time of placing the order. The balance payment for the order shall be paid by the Member at the time of delivery of the product. Failure to pay the balance amount at the time of the delivery of the product shall be treated as a cancellation of the order. Any advance amount paid by the Member at the time of placing the order shall not be refunded by aimdiamond.com to the Member in the event of cancellation of the order for any reason whatsoever.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization of any transaction, on account of the Cardholder having exceeded their pre-set limit.

Refunds

Any refunds due by aimdiamond.com to the Member for non-availability of diamonds or for selection of alternate diamonds shall be made in the following manner:

* Credit card: The credit card account of the Member will be re-credited with the refund amount by aimdiamond.com The refund amount will be credited to the Member's account within the time span stipulated by the bank which has issued the credit card; or

Shipping & Delivery

*Free Shipping throughout India

At the time of placing the order, the Member 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:

* Ration Card (should be issued in the name of the Member / recipient);

* Drivers License;

* Permanent Account Number (PAN) card;

* Voters Identification card; or

* Passport.

Delivery shall be made by the Company / courier agent only after the photo and name of the recipient is verified and confirmed by them.

All items shall be delivered directly to such person and under any circumstances whatsoever, the Member cannot change the recipient details after the order is processed.

All shipping charges and other local charges shall be borne by the Company. 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 the Company. The Company 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, the Company / courier agent shall try and deliver the item thrice before returning the same to aimdiamond.com. All costs for re-shipment and handling in the case of non-delivery to the Member shall be chargeable to the Member.

Guarantee for delivery made by the Company 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.

Insurance

Only transit insurance shall be provided by aimdiamond.com and it shall be valid only upto the time of acceptance of delivery.

Certificate

Diamonds

All Loose Diamonds (both investment and retail) and diamonds that are set in Jewellery will be accompanied by individual certificates. The certificate will be issued by an independent third party certifying authority and the details of the certificate will be mentioned at the time of purchase.

Jewellery / Mounts

The diamonds in the Jewellery / Mounts will not be individually certified unless expressly mentioned at the point of placing the order. The entire Jewellery will be certified either by an independent third party certifying authority or by aimdiamond.com depending on the value of the Jewellery.

Terms & Conditions of use of the website

1. BY USING THIS WEBSITE YOU REPRESENT AND WARRANT THAT:

a. 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.

b. All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.

c. 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.

d. 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

e. 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 aimdiamond.com or any other person or entity, as determined in the Aimdiamond ‘S sole discretion. In the event you want to advertise your product contact 0091-44-25353530

f. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and / or Services

g. 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.

h. 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.

i. aimdiamond.com 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 aimdiamond.com, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

j. All information, content and material contained in the Website and / or Services are aimdiamond.com copyrighted property. All trademarks, services marks, trade names, and trade dress are proprietary to aimdiamond.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 Aimdiamond’s express written permission

k. You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by aimdiamond.com and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that aimdiamond.com is not responsible for those sites. Aimdiamond.com reserves the right to disable links from third-party sites to the Website, although aimdiamond.com is under no obligation to do so.

2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. The information, content and materials on this website and / or services are provided on an "as is" and "as available" basis. Aimdiamond.com 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.

b. aimdiamond.com makes all reasonable efforts to display the products listed for sale on its web site(s) as accurately as possible. However, aimdiamond.com cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. Aimdiamond.com does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While aimdiamond.com 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 aimdiamond.com reserves the right to refuse the sale of that item.

c. aimdiamond.com 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.

d. 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.

e. You hereby indemnify, defend, and hold aimdiamond.com, Aimdiamond.com’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.

f. You expressly understand that under no circumstances, including, but not limited to, negligence, shall the company 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.

g. aimdiamond.com 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 the company'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 the company or any of the foregoing entities' respective resellers, distributors, service providers and suppliers. you further acknowledge and agree that neither the company 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.

h. 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.

i. 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. These terms of use is governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this letter, shall be subject to the jurisdiction of the courts at Chennai.

j. All the contents on the website, of any manner, whatsoever, is Copyrighted work is protected under Indian Copyright Act, 1957. The unauthorized reproduction and distribution of our Copyrighted Work via the internet without our express permission constitute copyright infringement under the Copyright Act, 1957. Your act of infringement of our Copyrighted copyright and proprietary right makes you liable for action in law that includes prosecution under the Code of Civil Procedure, 1908 and Code of Criminal Procedure, 1973

k. 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 aimdiamond.com for all the costs, losses and damages caused to aimdiamond.com as a result of such a breach. Further in the event of your breach of this terms of use, you agree aimdiamond.com will be irreparably harmed and will not have an adequate remedy in money or damages aimdiamond.com therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request  Aimdiamond.com‘s right to obtain such relief shall not limit its right to obtain other remedies.

l. Any failure of aimdiamond.com to exercise or enforce any right or provision of these

terms of use shall not operate as a waiver of such right or provision.