Terms of service
This website is operated by DiA Precious Jewellery Private Limited (DiA), a company incorporated under the Companies Act, 1956 having its registered office at 203-B Dharam Palace, 2nd Floor, N S Patkar Marg, Mumbai, Maharashtra – 400007.
These Terms of Use and our Privacy Policy (collectively the “Terms”) govern your use of the Platforms. In these Terms of Use, we use the term DiA (and "we", "us" and "our") to refer to Dia Precious Jewellery Private Limited and its affiliates.
Please read these Terms of Use carefully before using the Platforms because they constitute a legal agreement between Dia Precious Jewellery Private Limited and you. By using the Platforms, you signify that you have understood the Terms, provide your assent and agreement to these
Terms of Use affirm that you are able and legally competent to do so.
These Terms constitute an electronic record within the meaning of the Information Technology Act, 2000 and the rules and regulations framed thereunder, as may be amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
UPDATES TO THESE TERMS OF USE
We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platforms. Any new version of these Terms of Use shall take effect and will govern the use of the Platforms and your relationship with us immediately upon the date of posting, and will supersede all previous versions of the Terms of Use. By continuing to use the Platforms, you agree to be bound by such updated and amended Terms of Use.
Privacy Policy
Use of the Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms of Use. Please carefully review our Privacy Policy. By using the Website, you agree to be bound by the terms of our Privacy Policy.
Intellectual Property
You acknowledge that all materials at the Website, including the Website's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of DiA and/or its licensors, and are subject to and protected by Indian and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Use are reserved to their respective copyright owners. DiA authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of DiA or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described at the Website are the sole property of DiA and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of DiA and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of DiA and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of DiA. DiA reserves the right to enforce its intellectual property rights to the fullest extent of the law.
Third Party Websites
Links at the Website to third party websites are provided only as a convenience to you. If you use these links, you will leave the Website. DiA does not control or endorse any such third party websites. You agree that the DiA Parties, as defined below, will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Website, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. DiA expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
Website Use
You are required to establish an account at the Website in order to take advantage of certain features of this Website, such as making a purchase. If you provide information at the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or DiA has reasonable grounds to suspect that such information is false, inaccurate or outdated, DiA has the right to suspend or terminate your account and prohibit any and all current or future use of the Website (or any portion thereof) by you.
You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify DiA of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Website, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying DiA. The DiA Parties cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. You may also check out as a guest, If so we will still require information such as your name, contact number and address.
You agree to use the Website only for lawful purposes and that you are responsible for your use of and communications at the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Website.
You further agree that you will not access this Website by any means except through the interface provided by DiA for access to the Website. Creating or maintaining any link from another website to any page at the Website without the prior authorization of DiA is prohibited. Running or displaying this Website or any information or material displayed at the Website in frames or through similar means on another website without the prior authorization of DiA is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.
DiA makes no representation that Materials contained at the Website or products described or offered at the Website are appropriate or available for use in jurisdictions outside India, or that these Terms of Use comply with the laws of any other country. Visitors who use the Website and reside outside the India do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website from any territory where its contents are illegal, and that you, and not DiA, are responsible for compliance with applicable local laws.
Termination
You agree that DiA may terminate or suspend your access to all or part of this Website, without notice, for any conduct that DiA, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user or the DiA Parties. Notwithstanding such termination or suspension, you will continue to be subject to the "Intellectual Property," "Warranties, Disclaimers and Limitations of Liability," "Indemnification," "Applicable Law and Jurisdiction" and "User Content and Conduct" sections of these Terms of Use.
DiA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms of Use, you agree that DiA Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website.
Zero Tolerance Policy: DiA respects the intellectual property of others, and has a zero tolerance policy for intellectual property infringement. Infringement of intellectual property impacts our business and your experience of our Platforms. DiA reserves the right to investigate and take appropriate action against anyone who, in DiA’s sole discretion, violates these Terms of Use, including without limitation, removing the infringing content from the Platforms, suspending or terminating the account of such infringers and reporting them to law enforcement authorities.
Reporting Procedure: DiA encourages users / customers to bring to our attention and report any suspected intellectual property infringement on the Platforms. DiA will promptly process and investigate such reports and may take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement, including co-operation with law enforcement authorities, if required. If you suspect that any content on the Platforms is infringing any of your intellectual property rights, we encourage you to contact us immediately by sending an e-mail to info@diaindia.com and provide us with a detailed and reasonably accurate description of the infringing content along with any details that would help us identify the same, including a screenshot of the page displaying such content, if possible. If you are the owner of the intellectual property alleged to be infringed, please also provide us with your contact information along with documents to indicate (a) the copyrighted work / trademark / other article whose intellectual property may have been infringed, and (b) that you are the owner of the intellectual property. This is to enable DiA to investigate and take appropriate action expeditiously
Warranties, Disclaimers and Limitations of Liability
You expressly understand and agree that:
Your use of the website is at your sole risk. The website and the materials contained herein are provided on an "as is" and "as available" basis. Except as otherwise expressly provided in these terms of use, DiA, its parent, subsidiary and other affiliated companies, and their respective officers, directors, employees and other representatives (collectively, the "DiA parties"), expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, the DiA parties make no warranty that: (i) the website will meet your requirements; (ii) the website will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the website will meet your expectations or needs; and (v) any errors in the website will be corrected.
Without limiting the generality of the foregoing, the DiA parties expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.
The DiA parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the website, including any liability: (i) as a publisher of information; (ii) as a reseller of any products or services; (iii) for any incorrect or inaccurate information; (iv) for any unauthorized access to or disclosure of your transmissions or data; (v) for statements or conduct of any third party on the website; or (vi) for any other matter relating to this website or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between DiA and you. The products, information and services offered on and through the website would not be provided without such limitations.
Notwithstanding the foregoing, the sole and entire maximum liability of the DiA parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
Indemnification
You agree to indemnify, defend and hold harmless the DiA parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees), resulting or arising from or relating to your use of or conduct at the Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your breach of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Website.
Applicable Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the city of Mumbai in Maharashtra, India, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in Mumbai and further agree that any cause of action arising from or relating to the use of the Website or these Terms of Use shall be brought exclusively in the Courts residing in Mumbai.
To the fullest extent of the law, you agree that any claim of cause of action arising from or relating to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or be forever barre
Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be subject to arbitration in Mumbai in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in English language by a sole arbitrator appointed by Dia Precious Jewellery Private Limited. Arbitration awards shall be reasoned awards and shall be final and binding on Dia Precious Jewellery Private Limited and the disputing user and shall be enforceable in any court of competent jurisdiction.
Miscellaneous
These Terms of Use constitute the entire and only Terms of Use between DiA and each user of the Website with respect to the subject matter of these Terms of Use.
If any provision of these Terms of Use be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of the DiA parties to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use.
Use of Materials on the Platforms
DiA has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of DiA products displayed on the platforms are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, DiA cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products. We strongly advise you visit one of our website or social media prior to making a purchase.
You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("DiA Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any DiA Material in any way for any public or commercial purposes. Furthermore, DiA Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use DiA Material will automatically terminate and any copies made of DiA Material must be immediately destroyed. Any unauthorised use of DiA may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
GENERAL PROVISIONS
- Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting DiA’s products and services and in certain cases to present products for sale via a variety of means. DiA makes no representation that DiA Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to DiA Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.
- If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.
- The Terms of Use constitute the entire agreement between you and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
- The waiver by DiA of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.
- If you breach these Terms of Use and we take no immediate action, this does not mean that we will not be entitled to assert our rights and remedies at a later date.
CONTACT US
- If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.
Dia Precious Jewellery Private Limited
203-B Dharam Palace, 2nd Floor, N S Patkar Marg, Mumbai, Maharashtra – 400007.
Email: info@diaindia.com
The Heritage Wing, The Taj Mahal Palace and Tower Hotel,
Apollo Bunder, Mumbai - 400001 India
Details of the Grievance Officer:
Name: Suraj Singhal
Email: info@diaindia.com
Address: 203-B Dharam Palace, 2nd Floor, N S Patkar Marg,
Mumbai, Maharashtra – 400007