Terms and Conditions
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.itha.in website.
The domain name www.itha.in is owned by Shree Jeweltech LLP. You must be at least 18 years of age to use this website. By using this website and by agreeing to the terms and conditions herein, you warrant and represent that you are not less than 18 years of age. Persons who are incompetent to contract under the Indian Contract Act are also not eligible to use the website. These Terms and Conditions govern your use of, and any purchase from, the Itha.in, and constitute a binding agreement between you and Itha.in. Itha.in reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on this Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications also. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of this Site. If you do not agree to the amended terms, you must stop using this Site.
Product Availability and Pricing
We reserve the right to accept or reject an offer in part or full. Availability of any product not in stock can be obtained by contacting us directly. We reserve the right to change the price of the product without notice. In case of any error (we try our best to have none), including prices of jewellery displayed may be due to system or typographical errors. The Company shall not be liable for any legal action on this account.
Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honour inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. Our prices are also subject to change Without notice.
All products and jewellery displayed on the site amounts to invitation to offer. Where you make an order for purchase the same amounts to an offer and shall be subject to the terms and conditions herein. We reserve the right to either accept or reject such offer in part or full. Our acceptance of your offer shall accrue on the date of dispatch of the product from our store. All products ordered at the same time may not be dispatched at the same time. In such cases, that part of the order that has been dispatched will be considered as an offer that has been accepted. The other ordered products would deem to be separate offers giving us the right to accept or refuse such offer.
If you're interested in a piece of jewellery that is currently on back order, call us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
Packaging of the product may vary from the packaging of the product displayed in the website. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact us at xxxx@itha.in. We do not negotiate prices on our products and all our prices are final and payable in full. All the prices listed are inclusive of service charges and taxes. All Prices quoted in the website are in Indian Rupees (INR), and payment can only be accepted in Indian Rupees. In case of international credit and debit cards being used to transact, the transaction amount will be converted to INR as on that date before the payment is accepted. Currency conversion charges may apply based on your credit card policy.
Comparison Purchasing
We do not entertain comparison purchasing To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best In order to discourage comparison pricing. To confirm the quality of a jewellery item, please contact us at xxxx@itha.in, and we would be happy to help you make your choice
Information on our Site
We make every attempt to ensure the online catalogue is accurate and complete. The size of the actual diamond may differ from the one in photographs. At Itha.in, we make every attempt to ensure that our online catalogue is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, colour and size may vary slightly. The Company shall not be liable for any legal action on this account.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards, Itha.in states that carat total weight in all purchases may vary 0.05 carats from stated weight. For diamond jewellery set with multiple diamonds, we provide the minimum total carat weight for the piece. Colour and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.
Policy on Ethical Sourcing
We obtain diamonds through the largest and most respected suppliers who adhere to standards set by Kimberley Process.
At Itha.in, we only purchase diamonds through the largest and most respected suppliers who, like us, proudly adhere to and guarantee the enforcement of the standards established by the Kimberley Process, an international system that polices the trade of diamonds to ensure they are from sources free of conflict.
Privacy Policy
Kindly refer to Privacy Policy for all information we collect from you or you may provide us.
Please refer to our privacy policy for information on how Itha.in collects, uses, and discloses personally identifiable information from its customers.
Site Content
Everything on the site is our proprietary property or our licensor's or users and are protected.
The Site, all its content and other materials, including, without limitation, the Itha.in logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Itha.in or its licensor's or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Shree Jeweltech LLP owns the copyright to all the contents of this website, including images. You shall not copy, reproduce, distribute, republish, download, display, post or transmit any part of the site without the written consent from us. You shall not use the site in any way that will damage it or interrupt its provision. You shall not use the site to transmit or post any computer viruses. We cannot guarantee that the site is free from computer viruses, and you should take your own necessary precautions in this respect. We will try to make sure that the site is always available. However, this is not always possible, and we are not liable if the site is unavailable due to some technical snag.
Trademarks
Our trademarks and designs may not be copied or reproduced without prior permissions
Itha.in, the Itha.in logos, and any other product or service name or slogan contained in our Site are trademarks of Shree Jeweltech LLP and its suppliers or licensor's, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Itha.in or the applicable trademark holder as the case maybe. You may not use any meta-tags or any other "hidden text" utilizing "Itha.in" or any other name, trademark or product or service name of Itha.in without our prior written permission. All other trademarks, registered trademarks, product names and Itha.in names or logos mentioned in our Site are the property of their respective owners.
Use of the Site
You are granted personal, limited & non-sub licensable license to access and use the site. Any use of our site or its contents without prior permission is prohibited.
You are granted a personal, limited, non-sub licensable license to access and use our Site. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any port ion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Itha.in, is strictly prohibited. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes and Itha.in shall be entitled to exercise all legal remedies including but not restricted to obtaining an injunction, require payment of damages etc.. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license by Itha.in to you relating to the intellectual property rights, whether by estoppal, implication, or otherwise.
Policy against Infringer's
We reserve the right to bar anyone who we deem to be repeat infringer's. In order to ensure website integrity and overall consumer experience, and within the context of relevant applicable laws, Itha.in has adopted a policy of terminating and barring, in appropriate circumstances and at Itha.in's sole discretion, site users or account holders who are deemed to be repeat infringer's. Itha.in may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Content
We do not monitor or have control over any third party content or sites. Itha.in may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. Itha.in does not monitor or have any control over any Third Party Content or third party Sites. Itha.in does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Itha.in does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Advertisements and Promotions
We may run advertisement & promotions from third parties on our site.Itha.in may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Itha.in, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Itha.in is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Itha.in advertisers on our Site.
Submissions
Any materials creative or otherwise, regarding this site are non-confidential and shall become the property of Itha.in. You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Itha.in, or our products or services that are provided by you to Itha.in are non-confidential and shall become the sole property of Itha.in. Itha.in will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You grant Itha.in and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
Product Reviews and User Content
We have interactive areas where customer opinions and messages are displayed, you are solely responsible for your use of such interactive areas. Our Site includes a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Site ('Interactive Areas'). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:
- Any message, data, information, text, music, sound, photos, video, graphics, code or other material ('User Content') that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international laws;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgement of Itha.in, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose Itha.in or its users to any harm or liability of any type. Itha.in takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Itha.in liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Itha.in is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Itha.in has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Itha.in reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site at your sole cost and expense. Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Site and may further entitle Itha.in to all other legal rights including the right to recover damages. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Itha.in's systems and customers, or to ensure the integrity and operation of Itha.in's business and systems, Itha.in may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Itha.in's right to disclose any such information shall govern over any terms of Itha.in's Privacy Policy.
If you post User Content to our Site, unless we indicate otherwise, you grant Itha.in and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Itha.in and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
Indemnification
You agree to defend, indemnify and hold harmless Itha.in, its parent organization, its independent contractors, affiliates, subsidiaries, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Itha.in and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Disclaimer of Warranty
The contents, products & services provided are on an “as is” basis without warranties unless specified.
Except as expressly provided to the contrary in a writing by Itha.in, this site, the content contained therein and the products and services provided on or in connection therewith (the "products and services") are provided on an "as is" basis without warranties of any kind, either express or implied. Itha.in disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, content, and materials in our site. Itha.in does not represent or warrant that materials in our site or the services are accurate, complete, reliable, current or error-free. Itha.in does not represent or warrant that our site or its servers are free of viruses or other harmful components.
Limitation of Liability
We are not responsible for any theft, destruction or unauthorised access to our records Programs & services.
In no event shall Itha.in, its directors, members, employees or agents be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of our site, the products and services, or the content contained in or accessed through our site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Itha.in, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Itha.in's records, programs or services.
Applicable Law and Venue
The Terms and Conditions are governed by Indian Laws.
These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of India, applicable to agreements made and to be entirely performed within India .You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the courts located in Hyderabad, India and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.
Modification and Notice
We hold the right to modify the terms and conditions.
You agree that Itha.in may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.
Force Majeure
Force Majeure clause applicable.
Itha.in is not liable for any delay in the performance or non-performance of any of our obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactment's of any kind, import or export regulations, exchange control regulations or accident or non-availability delay in transport.
Termination & Severability
We reserve right to block or prevent your access or use of the site.
Notwithstanding any of these Terms and Conditions, Itha.in reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent in future your access to and use of the Site. Itha.in shall not be obliged to assign any reason for such denial of access. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.
Questions & Contact Information
Be free to contact us for any clarification with regard to the terms and conditions. If you have any questions, please do not hesitate to contact our customer support at xxxx@itha.in. At any point in time, if you incur any issues with your transaction, please do not worry or panic. Please call our customer support number xxxxxxxxx or email xxxx@itha.in and we will respond to you within 1 working day. If there are any genuine transaction failures, any amount that may have been debited from your account will be reversed. Please check with your bank or credit card service provider also for transaction updates.
I have read the terms of use and agree to all of the provisions contained above.