Kiyanaadesigns.com ('Kiyanaa' or 'website' or 'we' or 'our') is Sun Diamond &Jewellers shopping website that enables customers to browse, pick and buy precious stones and/or precious metal jewelry and accessories ('Products' or 'Goods') from the platform.These terms and conditions apply to the Kiyanaa Web site located at Kiyanaadesigns.com and its subsidiaries and affiliates, including Kiyanaa's sites around the world (collectively the “Site”) and other websites that expressly incorporate these Conditions ("Conditions"). In some instances, a particular Kiyanaa product purchased through the Site may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern. BY VISITING AND/OR USING THIS SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Kiyanaa Diamond Site.
Change of Terms
Kiyanaa for any reason, amend, change or add new terms to these Terms at its absolute discretion, without notice to you from time to time. The Company also for any reason, reserves the right, without notice and without liability to you or any third party, to modify or terminate any portion of the Website or Services offered by the Company. You are responsible for reviewing the Kiyanaa Site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting of the revisions on the Site.
Ownership and Copyright:
This Kiyanaadesigns.com website is owned and run by privately held Sun Diamond &Jewellers. Unless otherwise noted, all designs and material included on this website, including text, graphics, logos, icons, photographs, artworks, goods, audio and video clips and software, are the property of Sun Diamond &Jewellers and are protected by Indian Copyright Act, 1957 and international copyright laws.
Use of Website and Licence:
Kiyanaa website and content are for personal and non-commercial use only by visitors and online shoppers. Any use, other than for personal and non-commercial purposes, of the Kiyanaa website or its content is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from or exploit the content of Kiyanaa's website in any way commercially. To your own, non-commercial use only, you can download, electronically copy and print any of the Kiyanaa website's content. This is a revocable license, not a transfer of title, and is subject to restrictions that you may not (a) modify or use the content for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer or disassemble the content or (c) remove any copyright, registration of trademarks or other proprietary notices from the content. You further agree not to access or use the Kiyanaa website in any way that might be harmful to the website's operation or its content.
Usage Eligibility:
For this reason, use of the website is only accessible to individuals who may shape legally binding contracts under the Indian Contract Act, of 1872, and any other applicable international law. Individuals who are "incompetent to contract" within the scope of the Indian Contract Act , 1872 and any other international law applicable for this reason, including minors, unloaded insolvents, etc., are not eligible to use the website. If you are under 18, you can only use Kiyanaadesigns.com with a parent or legal guardian involved. In its sole discretion, Kiyanaa reserves the right to refuse service, terminate accounts, delete or edit content or cancel orders. You can not use the Kiyanaadesigns.com service or the website if you do not qualify. Additionally, you are not allowed to sell, trade or otherwise transfer your Kiyanaadesigns.com account to another party.
Your account and Registration:
You are responsible for protecting the confidentiality of your account and limiting access to your computer when you visit or use the Kiyanaa website. You agree, among other things, to provide true, accurate, current and complete information about you as prompted by the registration form of the website or as a visitor or user of a third-party website through which you access the website. You agree to be liable for all activities that take place under your account or password. You consent to promptly inform Kiyanaa of any unauthorized use of your account, or any other security violation. In its absolute discretion, Kiyanaa reserves the right to deny service, terminate accounts or remove or edit information. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple levels) right to exercise your information's copyright, advertising, and database rights, in any media or medium now known or developed, produced, invented, or used in the future, in respect of your information.
Product Description:
Kiyanaa makes every fair effort to display as accurately as possible the items listed for sale on its website. Yet the colors we use, as well as your computer monitor's display and color capabilities, will affect the colors you actually see on your screen. Kiyanaa cannot guarantee that any product colour, texture or detail will be displayed accurately on your monitor. Additionally, Kiyanaa does not warrant accurate, complete, reliable current or error free product descriptions or other content. Although Kiyanaa makes every effort to ensure that our goods are accurately represented and priced in case an item is considered to be wrongly priced, Kiyanaa reserves the right to deny sale of this item. Kiyanaa reserves the right to cancel the sale and refund the transaction in full if the price error is discovered even after payment has been finalized. If a product provided by Kiyanaa isn't as defined, return it in unused condition is your only remedy.
Equipment:
Website users shall be responsible for acquiring and maintaining all telephone, computer hardware and other equipment required for accessing and using this website and all the related charges. Kiyanaa shall not be responsible for any damages arising from the use of this website to the equipment of the Website user.
Content you submit:
Kiyanaadesigns.com appreciates you hearing from you. Our clients and users may have access to blogs, community forums, chat rooms, and other discussion sites. You acknowledge and agree that any content you, as a user, may be submitted through the online medium becomes public information and is considered non-confidential, Except for resumes sent solely for job consideration with Kiyanaa which may be shared with Kiyanaaon the basis of "need to know." When submitting personal identifiable information about yourself or third parties in any online medium you should always use caution. Kiyanaa is free to use or distribute such contributed content for any purpose unrestrictedly, without notice or compensation to you. Kiyanaa is under no obligation to use the submitted content and your submissions and can, at its absolute discretion, remove all such content or submission at any time. For any cause, Kiyanaa reserves the right to terminate your access to online media at any time, without warning or any reason whatsoever.You represent and warrant that you have the permission to submit any such materials, or otherwise, and grant Kiyanaa the rights described herein.
No Lawful or prohibited use:
You agree not to upload, post or otherwise transmit via the online mediums any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorized disclosure of personal or confidential information; (iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and to compromise the data security and integrity, and obtain sensitive personal or financial information.You also agree not to use the Kiyanaa website or online mediums to: (i) impersonate an employee or a representative of Kiyanaa, its divisions and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorized communication; (iv) attempt to gain unauthorized access to any portion or feature of Kiyanaadesigns.com or any other system or networks connected to Kiyanaadesigns.com or any other services offered through Kiyanaadesigns.com, and/or other accounts not belonging to you, or violate security of any portion of Kiyanaadesigns.com, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through Kiyanaadesigns.com or online mediums through any means; (vi) attempt to interfere with the proper working of Kiyanaadesigns.com or any transaction being conducted on Kiyanaadesigns.com or to restrict or inhibit any other user from accessing or using Kiyanaadesigns.com, by means of hacking or defacing any portion of Kiyanaadesigns.com; (vii) violate any applicable local, state, national or international law, including without limitation regulations under Indian Court of Law.
Disclaimer of Warranty:
THE MATERIALS AND INFORMATION PROVIDED BY KIYANAA ON ITS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KIYANAA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON ITS WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF THE KIYANAA WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KIYANAA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIYANAA DOES NOT WARRANTY THAT IT’S WEBSITE, its SERVERS, and OR EMAIL SENT FROM KIYANAA IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIYANAA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
Limitation of Liability:
This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that Kiyanaa is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties. 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 for any Transaction, on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.The law of certain countries may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you may have additional rights. However, in no event shall Kiyanaa's aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to Kiyanaa by you for accessing kiyanaadesigns.com website.
Indemnity:
You agree to defend, indemnify, and hold harmless Kiyanaa, its independent contractors, service providers and consultants, and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Kiyanaa Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Kiyanaa 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.
Government Law:
This user agreement and all the rules and policies contained herein, and any of your use of the website and your dealings at Kiyanaadesigns.com, shall be governed and construed in accordance with Indian Law. By visiting Kiyanaadesigns.com, you agree that the Law of India shall govern these Terms of Use and any dispute that may arise between you and Kiyanaadesigns.com, without regard to principles of conflict of laws.
Dispute Resolution:
Any dispute arising in connection with this Agreement shall be settled by negotiation between the parties or, where necessary, by recourse to an appropriate court in Mumbai, India.
Modification:
Kiyanaa reserves the right to modify, modify, add or remove portions of these Terms of Use at any time in its sole discretion. Please check this page for changes regularly. You agree that your visit to and use of such website will be subject to and bound by the current version of these Terms of Use each time you visit the Kiyanaa website. This document is electronic records pursuant to the Information Technology Act, 2000 and rules therein pursuant to as applicable and amended provisions concerning electronic records in different statutes under applicable Indian law. This electronic record is generated by a computer system, and no physical or digital signatures are required. This document is written and established in compliance with the provisions of Rule 3(1) of the 2011 Rules on Information Technology (Intermediaries Guidelines) requiring the publication of rules and regulations, privacy policy, and user agreement for accessing or using the Kiyanaadesigns.com website. We wholeheartedly thank you for showing interest in Kiyanaadesigns.com. We hope you have a pleasant experience.
