The website gesturejewelry.com is owned by Being Her E-Com Pvt. Ltd, a company registered and incorporated at Navsari, Gujarat. The Terms and Conditions stated below apply to all users of gesturejewelry.com. You agree to be bound by these Terms and Conditions by using this website and are, therefore, requested to carefully read through these Terms and Conditions.Being Her E-Com Pvt. Ltd will be making changes to the Terms and Conditions as and when the need arises and by using gesturejewelry.com you also agree to be bound by these changes to the Terms & Conditions, which you will be periodically reviewing.
1.1 These terms and conditions shall govern your use of gesturejewelry.com.
1.2 By using gesturejewelry.com, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use gesturejewelry.com.
1.3 If you register with gesturejewelry.com, submit any material to gesturejewelry.com or use any of gesturejewelry.com services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use gesturejewelry.com; by using gesturejewelry.com or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
- Copyright notice
3.1 Copyright © 2019 Gesture Jewelry ™.
3.2 Subject to the express provisions of these terms and conditions:
(a) Being Her ® E-Com Pvt. Ltd, owns and controls all the copyright, trademarks, and other intellectual property rights in gesturejewelry.com. Logos of Being Her ®, Gesture Jewelry ™ & are the registered Intellectual property of Being Her ® E-com Pvt. Ltd.
(b) All the copyright/trademarks and other intellectual property rights in gesturejewelry.com, Gesture Jewelry, Taliana and the material on gesturejewelry.com are reserved.
(c) You agree not to reproduce, copy, issue copies, make translation of or to do any other act in violation of the copyrighted content on gesturejewelry.com. You also agree not to use the Trademarks or any marks deceptively similar thereto without the written consent of Being Her ® E-Com Pvt. Ltd.
- Licence to use gesturejewelry.com
4.1 You may:
(a) view pages from gesturejewelry.com in a web browser;
(b) download pages from gesturejewelry.com for caching in a web browser;
(c) print pages from gesturejewelry.com;
(d) stream audio and video files from gesturejewelry.com; and
(e) use gesturejewelry.com services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from gesturejewelry.com or save any such material to your computer.
4.3 You may only use gesturejewelry.com for your own personal and business purposes, and you must not use gesturejewelry.com for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on gesturejewelry.com.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from gesturejewelry.com including republication on another website;
(b) sell, rent or sub-license material from gesturejewelry.com;
(c) show any material from gesturejewelry.com in public;
(d) exploit material from gesturejewelry.com for a commercial purpose; or
(e) redistribute material from gesturejewelry.com.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7 We reserve the right to restrict access to areas of gesturejewelry.com, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on gesturejewelry.com.
- Acceptable use
5.1 You must not:
(a) use gesturejewelry.com in any way or take any action that causes, or may cause, damage to gesturejewelry.com or impairment of the performance, availability or accessibility of gesturejewelry.com;
(b) use gesturejewelry.com in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use gesturejewelry.com to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to gesturejewelry.com without our express written consent;
(e) access or otherwise interact with gesturejewelry.com using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for gesturejewelry.com; or
(g) use data collected from gesturejewelry.com for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct mailing.
5.2 You must not use data collected from gesturejewelry.com to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through gesturejewelry.com, or in relation to gesturejewelry.com, is true, accurate, current, complete and non-misleading.
- Registration & accounts, User login details (Not applicable right now)
6.1 To be eligible for an individual account on gesturejewelry.com under this Section 6, you must be at least 18 years of age.
6.2 You may register for an account with gesturejewelry.com by completing and submitting the account registration form on gesturejewelry.com, and clicking on the verification link in the email that gesturejewelry.com will send to you.
6.3 You must not allow any other person to use your account to access gesturejewelry.com.
6.4 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
6.5 You must not use any other person's account to access gesturejewelry.com, unless you have that person's express permission to do so.
6.6 If you register for an account with gesturejewelry.com, you will be asked to choose a user ID and password.
6.7 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
6.8 You must keep your password confidential.
6.9 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.10 You are responsible for any activity on gesturejewelry.com arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- Content appearing on gesturejewelry.com
7.1 Our objective is to provide you with as much information and detail as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards, gesturejewelry.com states that measurements of stones, glass, and pearl, may vary with a tolerance of 0.25 mm. On the Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing.
7.2 gesturejewelry.com has taken every effort to ensure that your online shopping experience is complete and satisfactory. However, while you review gesturejewelry.com’s products, you should bear in mind that, due to the difference in the computer monitors, or hand held device monitors from where you are viewing the pictures of the items of jewelry appearing therein, these may appear larger, smaller, lighter, brighter or darker than what they really are. You undertake to seek more information from gesturejewelry.com about the items you wish to purchase and agree that gesturejewelry.com is not responsible for the choices of purchase you make in this respect.
7.3 gesturejewelry.com’s contains the details of the products and their prices. While gesturejewelry.com has taken every effort to reflect the correct details of the products and their prices, it is possible that inadvertent errors have crept into the same. gesturejewelry.com reserves the right to rectify such errors as and when they occur. You hereby acknowledge that gesturejewelry.com is not obliged to sell a product at the incorrectly listed price.
7.4 In the event you order a product whose price is not correctly posted on gesturejewelry.com, you agree that gesturejewelry.com will inform you before mailing your order and you have the option to either cancel the order or confirm the order already placed as per the correct price of the product. In the event you wish to confirm the order, you agree either to be remitted the excess amount charged or pay the remaining amount.
7.5 You agree that gesturejewelry.com’s prices listed are subject to change without notice.
- Right to prevent access and cancel order
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
8.2 gesturejewelry.com further reserves the right, at its sole discretion, to refuse or cancel any order without assigning any reasons. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.
- Your content: licence
9.1 In these terms and conditions, "your content" means all works and materials including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, files & feedback that you submit to us or gesturejewelry.com for storage or publication on, processing by, or transmission via, gesturejewelry.com.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media on and in relation to this website and any successor website
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on gesturejewelry.com.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
- Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person in each case in any jurisdiction and under any applicable law.
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
- Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on gesturejewelry.com;
(b) that the material on gesturejewelry.com is up to date; or
(c) that gesturejewelry.com or any service on the gesturejewelry.com will remain available.
11.2 We reserve the right to discontinue or alter any or all of gesturejewelry.com services, and to stop publishing gesturejewelry.com, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, gesturejewelry.com and the use of gesturejewelry.com.
11.4 gesturejewelry.com may provide links to websites and web pages of third parties. We do not guarantee the accuracy, correctness or completeness of the information on such websites or web pages. Further, we neither monitor such websites or web pages nor have any control over the same. You, as a user of the Website, undertake and agree that any use of such websites or web pages by you is entirely at your own risk and you shall not hold gesturejewelry.com responsible for any consequences thereof including that for any inaccurate information on such website or web pages.
11.5 gesturejewelry.com may display advertisements in respect of third party products and services. If you choose to purchase any such products or avail any such services that are so advertised on the gesturejewelry.com, you undertake to do so entirely at your own volition and risk and any such dealings that you may enter into with such third parties is between you and such third party. Neither gesturejewelry.com nor Being Her ® E-Com Pvt. Ltd. in any manner responsible or liable for any harm, injury, loss or damage of any sort suffered by you consequent to such dealings.
- Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort including negligence and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that gesturejewelry.com and the information and services on gesturejewelry.com are provided free of charge; we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software. We do not represent or warrant that the Website or its servers are free of viruses or bugs that can harm or damage your system.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with gesturejewelry.com or these terms and conditions this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees.
- Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to gesturejewelry.com;
(c) permanently prohibit you from accessing gesturejewelry.com;
(d) block computers using your IP address from accessing gesturejewelry.com;
(e) contact any or all of your internet service providers and request that they block your access to gesturejewelry.com;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on gesturejewelry.com.
13.2 Where we suspend or prohibit or block your access to gesturejewelry.com or a part of gesturejewelry.com, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of gesturejewelry.com from the date of publication of the revised terms and conditions on the gesturejewelry.com, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on gesturejewelry.com, and you must stop using gesturejewelry.com.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not, without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with [our privacy and cookies policy], shall constitute the entire agreement between you and us in relation to your use of gesturejewelry.com and shall supersede all previous agreements between you and us in relation to your use of gesturejewelry.com.
- Credit Card Transaction, Secure Shopping & Deliveries
19.1 You undertake and agree to provide correct and accurate details of the credit card used by you for purchasing products from gesturejewelry.com’s online store, or facebook shop. Further, you agree and undertake not to use credit cards not legally owned by you or not authorized to be used by you. You agree and undertake that Being Her ® E-Com Pvt. Ltd shall not be responsible for any damage caused to any third parties by your use of credit cards not owned by you or not authorized to be used by you.
19.2 You agree that Being Her ® E-Com Pvt. Ltd has a right to recover from you the cost of goods purchased, attorneys’ fees and other costs associated with fraudulent credit card transactions on gesturejewelry.com.
19.3 We want to make your shopping experience easy and comfortable, so we have taken measures to guarantee all orders you place with us will be secure and safe. We use the latest in security technology to ensure your credit card information stays safe, as well as maintain the utmost respect for your personal information and guarantee that we will never sell it to a third party. When you use your credit card to make a purchase through our shopping basket, the information you provide is protected by Secure Sockets Layer (SSL) encryption technology. This technology ensures that your personal information is protected from outside parties when transmitted from your computer to our server.
19.4 All items featured in the gesturejewelry.com are deliverable globally but to make the CRM effective with utmost customer satisfaction, we will start shipping within specified geography and then expand.
19.5 You agree to provide gesturejewelry.com or its representative a photocopy of your valid identification proof at the time of on delivery of the product ordered by you. In the event of you ordering gifts to be delivered to an address other than yours, you agree to state the complete name and address of the recipient of such gift. You agree and undertake that gesturejewelry.com is under no obligation to deliver the gift so ordered unless at the time of delivery the recipient supplies gesturejewelry.com or it’s representative with a photocopy of his or her valid identification proof.
19.6 For the purposes of delivery, the following shall be considered valid identification proof:
- Driving License
- Pan card (For India)
- Aadhar card (For India)
- Law and jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with Indian laws.
20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Navsari, Gujarat, India.
- Our details
21.1 gesturejewelry.com is owned and operated by Being Her® E-Com Pvt. Ltd
21.2 We are a private limited company based out at Navsari, Gujarat India.
21.3 Our principal place of business is “Hoffice” Bombay House, 4th Floor, Ashanagar, Navsari-396445, Gujarat, India
21.4 You can contact us:
(a) by post, using the postal address given above of principal place of business;
(b) using gesturejewelry.com contact form;
(c) by telephone, on the contact number published on gesturejewelry.com from time to time; or
(d) by email, using the email address published on gesturejewelry.com from time to time.