PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT
CAREFULLY
You are welcome to become a member of the Aurex Gems (the “Aurex Gems”), website:
www.Aurex Gems.com, developed and operated by LS PR Group.
The following agreement captures the terms and conditions of use (“Agreement”), applicable
to Your use of Aurex Gems.com (“Web Site”), which promotes business between suppliers
and buyers globally. It is an agreement between You as the user of the Web Site/Aurex
Gems Services. The expressions “You” “Your” or “User(s)” refers to any person who
accesses or uses the Web Site for any purpose.
By subscribing to or interacting with other User(s) on or entering into negotiations in respect
of sale or supply of goods or services on or using the Web Site or Aurex Gems Services in
any manner for any purpose, you undertake and agree that You have fully read, understood
and accepted the Agreement.
If You do not agree to or do not wish to be bound by the Agreement, you may not access or
otherwise use the Web Site in any manner.
Web site-Merely a Venue/Platform
Services Provided by Aurex Gems
User(s) Eligibility
User(s) Agreement
Amendment to the Agreement
Intellectual Property Rights
Links to Third Party Sites/Content
Termination
Registered User(s)
Data Protection/Personal Information
Posting your Contents on Aurex Gems
Interactions between User(s)
Limitations of Liability/Disclaimer
Notices
Governing Law and Disputes Resolutions
General/Miscellaneous
Big Buyer terms of use
I. WEBSITE- MERELY A VENUE/PLATFORM
The Web Site acts as a match-making platform for User(s) to negotiate and interact with
other User(s) for entering into negotiations in respect thereof for sale or supply of goods or
services. Aurex Gems or Aurex Gems.com are not parties to any negotiations that take
place between the User(s) of the Web Site and are further not parties to any agreement
including an agreement for sale or supply of goods or services or otherwise, concluded
between the User(s) of the Web Site.
Aurex Gems does not control and is not liable in respect of or responsible for the quality,
safety, genuineness, lawfulness or availability of the products or services offered for sale on
the Web Site or the ability of the User(s) selling or supplying the goods or services to
complete a sale or the ability of User(s) purchasing goods or services to complete a
purchase. This agreement shall not be deemed to create any partnership, joint venture, or
any other joint business relationship between Aurex Gems and any other party.
II. USER(S) ELIGIBILITY
User(s) represent and warrant that they have the right to avail or use the services provided
by Aurex Gems, including but limited to the Web Site or any other services provided by
Aurex Gems in relation to the use of the Web Site (“Aurex Gems’s Services”). Aurex Gems’s
Services can only be availed by those individuals or business entities, including sole
proprietorship firms, companies and partnerships, which are authorised under applicable law
to form legally binding agreements. As such, natural persons below 18 years of age and
business entities or organizations that are not authorised by law to operate in India or other
countries are not authorised to avail or use Aurex Gems’s Services.
User(s) agree to abide by the Agreement and any other rules and regulations imposed by
the applicable law from time to time. Aurex Gems or the website shall have no liability to the
User(s) or anyone else for any content, information or any other material transmitted over
Aurex Gems’s Services, including any fraudulent, untrue, misleading, inaccurate,
defamatory, offensive or illicit material and that the risk of damage from such material rests
entirely with each User(s).The user shall do its own due diligence before entering into any
transaction with other users on the website. Aurex Gems at its sole discretion reserves the
right to refuse Aurex Gems’s Services to anyone at any time. Aurex Gems’s Services are not
available and may not be availed or used by User(s) whose Accounts have been temporarily
or indefinitely suspended by Aurex Gems.
III. USER(S) AGREEMENT
This Agreement applies to any person who accesses or uses the Web Site or uses Aurex
Gems Services for any purpose. It also applies to any legal entity which may be represented
by any person who accesses or uses the Web Site, under actual or apparent authority.
User(s) may use this Web Site and/or Aurex Gems Services solely for their
commercial/business purposes.
This Agreement applies to all services offered on the Web Site and by Aurex Gems,
collectively with any additional terms and conditions that may be applicable in respect of any
specific service used or accessed by User(s) on the Web Site. In the event of any conflict or
inconsistency between any provision of this Agreement and any additional terms and
conditions applicable in respect of any service offered on the Web Site, such additional
terms and conditions applicable in respect of that service shall prevail over this Agreement.
This Agreement shall govern the User’s usage of Aurex Gems Services and, the User
acknowledges that this Agreement shall supersede all or any term, agreement, contract
executed between Aurex Gems and the User.
IV. AMENDMENT TO USER(S) AGREEMENT
Aurex Gems reserves the right to change, modify, amend, or update the Agreement from
time to time and such amended provisions of the Agreement shall be effective immediately
upon being posted on the Web Site. If You do not agree to such provisions, you must stop
using the service with immediate effect. Your continuous use of the service will be deemed to
signify Your acceptance of the amended provisions of the Agreement.
V. INTELLECTUAL PROPERTY RIGHTS
Aurex Gems is the sole owner and the lawful licensee of all the rights to the Web Site and its
content (“Web Site Content”). Web Site Content means the design, layout, text, images,
graphics, sound, video etc. of or made available on the Web Site. The Web Site Content
embodies trade secrets and other intellectual property rights protected under worldwide
copyright and other applicable laws pertaining to intellectual property. All title, ownership and
intellectual property rights in the Web Site and the Web Site Content shall remain in Aurex
Gems, its affiliates or licensors of the Web Site content, as the case may be.
All rights, not otherwise claimed under this Agreement by Aurex Gems, are hereby reserved.
Any information or advertisements contained on, distributed through, or linked, downloaded
or accessed from any of the services contained on the Web Site or any offer displayed on or
in connection with any service offered on the Web Site (“Website Information”) is intended,
solely to provide general information for the personal use of the User(s), who fully accept
any and all responsibility and liabilities arising from and out of the use of such Information.
Aurex Gems does not represent, warrant or endorse in any manner the accuracy or reliability
of Website Information, or the quality of any products and/or services obtained by the
User(s) as a result of any Website Information.
For any content and or link uploaded to the Website by the User from YouTube, the User
agrees to abide and accepts, the terms of service of YouTube, available at
https://www.youtube.com/t/terms.
The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness
or of the results obtained from the use of the Information, and without warranty of any kind,
express or implied, including, but not limited to warranties of performance, merchantability
and fitness for a particular purpose. Nothing contained in the Agreement shall to any extent
substitute for the independent investigations and the sound technical and business judgment
of the User(s). In no event shall Aurex Gems be liable for any direct, indirect, incidental,
punitive, or consequential damages of any kind whatsoever with respect to Aurex Gems’s
Services. User(s) hereby acknowledge that any reliance upon the Information shall be at
their sole risk and further understand and acknowledge that the Information has been
compiled from publicly aired and published sources. Aurex Gems respects the rights of such
entities and cannot be deemed to be infringing on the respective copyrights or businesses of
such entities. Aurex Gems reserves the right, in its sole discretion and without any
obligation, to make improvements to, or correct any error or omissions in any portion of the
Information.
Trademark
“Aurex Gems” and related icons and logos are registered trademarks or trademarks or
service marks of Aurex Gems in various jurisdictions and are protected under applicable
copyright, trademark and other proprietary and intellectual property rights laws. The
unauthorized adoption copying, modification, use or publication of these marks is strictly
prohibited.
Copyright
All Web Site Content including Website Information is copyrighted to Aurex Gems excluding
any third-party content and any links to any third-party websites being made available or
contained on the Web Site. User(s) may not use any trademark, service mark or logo of any
independent third parties without prior written approval from such parties.
User(s) acknowledge and agree that Aurex Gems is not an arbiter or judge of disputes
concerning intellectual property rights and as such cannot verify that User(s) selling or
supplying merchandise or providing services on the Web Site have the right to sell the
merchandise or provide the services offered by such User(s). Aurex Gems encourages
User(s) to assist Aurex Gems in identifying listings on the Web Site which in the User(s)
knowledge or belief infringe their rights. User(s) further acknowledge and agree by taking
down a listing, Aurex Gems does not and cannot be deemed to be endorsing a claim of
infringement and further that in those instances in which Aurex Gems declines to take down
a listing, Aurex Gems does not and cannot be deemed to be endorsing that the listing is not
infringing of third-party rights or endorsing any sale or supply of merchandise or services
pursuant to or on account of such listing.
Aurex Gems respects the intellectual property rights of others, and we expect our User(s) to
do the same. User(s) agree to not copy, download or reproduce the Web Site Content,
Information or any other material, text, images, video clips, directories, files, databases or
listings available on or through the Web Site (“Aurex Gems Content”) for the purpose of re-
selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or
otherwise) operating a business competing with Aurex Gems, or otherwise commercially
exploiting the Aurex Gems Content unless otherwise agreed between the parties.
Systematic retrieval of Aurex Gems Content to create or compile, directly or indirectly, a
collection, compilation, database or directory (whether through robots, spiders, automatic
devices or manual processes) without written permission from Aurex Gems is prohibited.
Aurex Gems
In addition, use of the Aurex Gems Content for any purpose not expressly permitted in this
Agreement is prohibited and entitles Aurex Gems to initiate appropriate legal action. User(s)
agree that as a condition of their access to and use of Aurex Gems’s Services, they will not
use Aurex Gems’s Services to infringe the intellectual property rights of any third parties in
any way. Aurex Gems reserves the right to terminate the right of any User(s) to access or
use Aurex Gems’s Services for any infringement of the rights of third parties in conjunction
with use of the Aurex Gems’s Service, or in the event Aurex Gems is of the believes that
User(s) conduct is prejudicial to the interests of Aurex Gems, its affiliates, or other User(s),
or for any other reason, at Aurex Gems’s sole discretion, with or without cause.
URL’s/Sub-Domain
URL’s/ Sub-domain names assigned by Aurex Gems to User(s) (including both paid and free
User(s)) are the exclusive property of Aurex Gems and it cannot be assumed to be
permanent in any case. Aurex Gems reserves the right, without prior notice, at any point of
time, to suspend or terminate or restrict access to or edit any URL’s/Sub-domain names. IN
ALL SUCH CASES, Aurex Gems WILL NOT BE LIABLE TO ANY PARTY FOR ANY
DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR
OTHERWISE.
Aurex Gems may allow User(s) access to content, products or services offered by third
parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the
websites offered by such third parties (“Third Party Websites”). Aurex Gems advises its
User(s) to read the terms and conditions of use and/or privacy policies applicable in respect
of such Third Party Websites prior to using or accessing such Third Party Websites. Users
acknowledge and agree that Aurex Gems has no control over any content offered on Third
Party Websites, does not monitor such Third Party Websites, and shall in no manner be
deemed to be liable or responsible to any person for such Third Party Sites, or any content,
products or services made available thereof.
VI. LINKS TO THIRD PARTY SITES
Links to third party sites are provided on Web Site as a convenience to User(s). User(s)
acknowledge and agree that Aurex Gems does not have any control over the content of
such websites and/ or any information, resources or materials provided therein.
Aurex Gems may allow User(s) access to content, products or services offered by third
parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the
websites offered by such third parties (“Third Party Websites”). Aurex Gems advises its
User(s) to read the terms and conditions of use and/or privacy policies applicable in respect
of such Third Party Websites prior to using or accessing such Third Party Websites. Users
acknowledge and agree that Aurex Gems has no control over any content offered on Third
Party Websites, does not monitor such Third Party Websites, and shall in no manner be
deemed to be liable or responsible to any person for such Third Party Sites, or any content,
products or services made available thereof.
VII. TERMINATION
Most content and some of the features on the Web Site are made available to User(s) free of
charge. However, Aurex Gems reserves the right to terminate access to certain areas or
features of the Web Site (to paying or registered User(s)) at any time without assigning any
reason and with or without notice to such User(s). Aurex Gems also reserves the universal
right to deny access to particular User(s) to any or all of its services or content without any
prior notice or explanation in order to protect the interests of Aurex Gems and/ or other
User(s) of the Web Site. Aurex Gems further reserves the right to limit, deny or create
different access to the Web Site and its features with respect to different User(s), or to
change any or all of the features of the Web Site or introduce new features without any prior
notice to User(s).
Aurex Gems reserves the right to terminate the membership/subscription of any User(s)
temporarily or permanently for any of the following reasons:
(a) If any false information in connection with their account registered with Aurex Gems is
provided by such User(s), or if such User(s) are engaged in fraudulent or illegal
activities/transactions.
(b) If such User(s) breaches any provisions of the Agreement.
(c) If such User(s) utilizes the Web Site to send spam messages or repeatedly publish the
same product information.
(d) If such User(s) posts any material that is not related to trade or business cooperation.
(e) If such User(s) impersonates or unlawfully uses another person’s or business entity’s
name to post information or conduct business in any manner.
(f) If such User(s) is involved in unauthorized access, use, modification, or control of the
Web Site database, network or related services.
(g) If such User(s) obtains by any means another registered User(s) Username and/or
Password.
(h) Or any other User(s) activity that may not be in accordance with the ethics and honest
business practices.
If Aurex Gems terminates the membership of any registered User(s) including those User(s)
who have subscribed for the paid services of Aurex Gems, such person will not have the
right to re-enrol or join the Web Site under a new account or name unless invited to do so in
writing by Aurex Gems In any case of termination, no subscription/membership fee/charges
paid by the User(s) will be refunded. User(s) acknowledge that inability to use the Web Site
wholly or partially for whatever reason may have adverse effect on their business. User(s)
hereby agree that in no event shall Aurex Gems be liable to any User(s) or any third parties
for any inability to use the Web Site (whether due to disruption, limited access, changes to or
termination of any features on the Web Site or otherwise), any delays, errors or omissions
with respect to any communication or transmission, or any damage (direct, indirect,
consequential or otherwise) arising from the use of or inability to use the Web Site or any of
its features.
VIII. REGISTERED USER(S)
To become a registered User(s) of the Web Site a proper procedure has been made
available on the Web Site which is for the convenience of User(s) so that they can easily use
the website.
User(s) can become registered User(s) by filling an on-line registration form on the Web Site
by providing the required information (including name, contact information, details of User(s)
business, etc.). Aurex Gems will establish an account (“Account”) for the User(s) upon
successful registration and will assign a user alias (“User ID”) and password (“Password”) for
log-in access to the User(s)’s Account. Aurex Gems may at its sole discretion assign to
User(s) upon registration a web-based email or messaging account (“Email Account”) with
limited storage space to send or receive emails or messages. Users will be responsible for
the content of all the messages communicated through the account.
User(s) registering on the Web Site on behalf of business entities represent and warrant
that: (a) they have the requisite authority to bind such business entity this Agreement; (b) the
address provided by such User(s) at the time of registration is the principal place of business
of such business entity; and (c) all other information provided to Aurex Gems during the
registration process is true, accurate, current and complete. For purposes of this provision, a
branch or representative office of a User(s) will not be considered a separate entity and the
principal place of business of the User(s) will be deemed to be that of its head office.
User(s) agree that by registering on the Web Site, they consent to the inclusion of their
personal data in Aurex Gems’s on-line database and authorize Aurex Gems to share such
information with other User(s). Aurex Gems may refuse registration and deny the
membership and associated User ID and Password to any User(s) for whatever reason.
Aurex Gems may suspend or terminate a registered membership at any time without any
prior notification in interest of Aurex Gems or general interest of its User(s) without assigning
any reason thereof and there shall arise no further liability on Aurex Gems of whatsoever
nature due to the suspension or termination of the User account. User(s) registered on the
Web Site are in no manner a part of or affiliated to Aurex Gems.
User(s) further agree and consent to be contacted by Aurex Gems through phone calls, SMS
notifications or any other means of communication, in respect to the services provided by
Aurex Gems even if contact number(s) provided to Aurex Gems upon registration are on Do
Not Call Registry.
IX. DATA PROTECTION
Personal information supplied by User(s) during the use of the Web Site is governed by
Aurex Gems’s privacy policy (“Privacy Policy”).
X. POSTING YOUR CONTENT ON WEBSITE
Some content displayed on the Web Site is provided or posted by third parties. User(s) can
post their content on some of the sections/services of the Web Site using the self-help
submit and edit tools made at the respective sections of the Web Site. User(s) may need to
register and/or pay for using or availing some of these services.
User(s) understand and agree that Aurex Gems in such case is not the author of the content
and that neither Aurex Gems nor any of its affiliates, directors, officers or employees have
entered into any arrangement including any agreement of sale or agency with such third
parties by virtue of the display of such content on the Web Site. User(s) further understand
and agree Aurex Gems is not responsible for the accuracy, propriety, lawfulness or
truthfulness of any third party content made available on the Web Site and shall not be liable
to any User(s) in connection with any damage suffered by the User(s) on account of the
User(s)’s reliance on such content. Aurex Gems shall not be liable for a User(s) activities on
the Web Site, and shall not be liable to any person in connection with any damage suffered
by any person as a result of any User’s conduct.
User(s) solely represent, warrant and agree to:
(a) provide Aurex Gems with true, accurate, current and complete information to be
displayed on the Web Site;
(b) maintain and promptly amend all information provided on the Web Site to keep it true,
accurate, current and complete.
User(s) hereby grant Aurex Gems an irrevocable, perpetual, worldwide and royalty-free, sub-
licensable (through multiple tiers) license to display and use all information provided by them
in accordance with the purposes set forth in the Agreement and to exercise the copyright,
publicity and database rights User(s) have in such material or information, in any form of
media, third party copyrights, trademarks, trade secret rights, patents and other personal or
proprietary rights affecting or relating to material or information displayed on the Web Site,
including but not limited to rights of personality and rights of privacy, or affecting or relating to
products that are offered or displayed on the Web Site (hereafter referred to as “Third Party
Rights”).
User(s) hereby represent, warrants and agree that User(s) shall be solely responsible for
ensuring that any material or information posted by User(s) on the Web Site or provided to
the Web Site or authorized by the User(s) for display on the Web Site, does not, and that the
products represented thereby do not, violate any Third Party Rights, or is posted with the
permission of the owner(s) of such Third Party Rights. User(s) hereby represent, warrant
and agree that they have the right to manufacture, offer, sell, import and distribute the
products offered and displayed on the Web Site, and that such manufacture, offer, sale,
importation and/or distribution of those products violates no Third Party Rights.
User(s) agree that they will not use Aurex Gems Content and/or Aurex Gems’s Services to
send junk mail, chain letters or spamming. Further, registered User(s) of the Web Site agree
that they will not use the Email Account to publish, distribute, transmit or circulate any
unsolicited advertising or promotional information. User(s) further hereby represent, warrant
and agree (i) to host, display, upload, modify, publish, transmit, store, update or share ; or (ii)
submit to Aurex Gems for display on the Web Site or transmit or sought to be transmitted
through Aurex Gems’s Services any content, material or information that does not and shall
at no point:
Contain fraudulent information or make fraudulent offers of items or involve the sale or
attempted sale of counterfeit or stolen items or items whose sales and/or marketing is
prohibited by applicable law, or otherwise promote other illegal activities;
Belong to another person and to which User(s) do not have any right to;
Be part of a scheme to defraud other User(s) of the Web Site or for any other unlawful
purpose;
Be intended to deceive or mislead the addressee about the origin of such messages or
knowingly and intentionally is used to communicate any information which (i) is patently false
or grossly offensive or menacing/misleading in nature but may reasonably be perceived as a
fact; or (ii) harass a person, entity or agency for financial gain or to cause any injury to any
person;
Relate to sale of products or services that infringe or otherwise abet or encourage the
infringement or violation of any third party’s copyright, patent, trademarks, trade secret or
other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
Violate any applicable law, statute, ordinance or regulation (including without limitation those
governing export control, consumer protection, unfair competition, anti-discrimination or false
advertising);
Relate to any controversial weapons, cluster munitions or anti-personnel mines and other
such defense equipment;
Be defamatory, abusive libelous, unlawfully threatening, unlawfully harassing, grossly
harmful, indecent, seditious, blasphemous, pedophilic, hateful, invasive of another’s privacy,
including bodily privacy racially, ethnically objectionable, disparaging, relating or encouraging
money laundering or gambling, leading to breach of confidence, or otherwise unlawful or
objectionable in any manner whatever;
Be vulgar, obscene or contain or infer any pornography or sex-related merchandising or any
other content or otherwise promotes sexually explicit materials or is otherwise harmful to
minors;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation
or age;
Contain any material that constitutes unauthorized advertising or harassment (including but
not limited to spamming), invades anyone’s privacy or encourages conduct that would
constitute a criminal offense, give rise to civil liability, or otherwise violate any law or
regulation;
Solicit business from any User(s) in connection with a commercial activity that competes with
Aurex Gems;
Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with
foreign states, or public order or causes incitement to the commission of any cognizable
offence or prevents investigation of any offence or is insulting any other nation;
Contain any computer viruses or other destructive devices and codes that have the effect of
damaging, interfering with, intercepting or expropriating any software or hardware system,
data or personal information or that are designed to interrupt, destroy or limit the functionality
of any computer resource;
Link directly or indirectly to or include descriptions of goods or services that are prohibited
under the prevailing law; or Otherwise create any liability for Aurex Gems or its affiliates.
Aurex Gems reserves the right in its sole discretion to remove any
material/content/photos/offers displayed on the Web Site which in Aurex Gems’s reasonable
belief is unlawful or could subject Aurex Gems to liability or in violation of the Agreement or
is otherwise found inappropriate in Aurex Gems’s opinion. Aurex Gems reserves the right to
cooperate fully with governmental authorities, private investigators and/or injured third
parties in the investigation of any suspected criminal or civil wronAurex Gemsoing.
In connection with any of the foregoing, Aurex Gems reserves the right to suspend or
terminate the Account of any User(s) as deemed appropriate by Aurex Gems at its sole
discretion. User(s) agree that Aurex Gems shall have no liability to any User(s), including
liability in respect of consequential or any other damages, in the event Aurex Gems takes
any of the actions mentioned in this provision.
User(s) understand and agree that the Web Site acts as a content integrator and is not
responsible for the information provided by User(s) displayed on the Web Site. Aurex Gems
does not have any role in developing the content displayed on the Web Site. Aurex Gems
has the right to promote any content including text, images, videos, brochures etc. provided
by User(s) on various platforms owned by the company.
XI. INTERACTION BETWEEN USERS
Aurex Gems provides an on-line platform to facilitate interaction between buyers and
suppliers of products and services. Aurex Gems does not control and is not liable to or
responsible for the quality, safety, lawfulness or availability of the products or services
offered for sale on the Web Site or the ability of the suppliers to complete a sale or the ability
of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing
with foreign nationals or people acting under false pretenses on the Web Site. Web Site
uses several tools and techniques to verify the accuracy and authenticity of the information
provided by User(s). Aurex Gems however, cannot and does not confirm each User(s)’s
purported identity on the Web Site. Aurex Gems encourages User(s) to evaluate the User(s)
with whom they would like to deal with and use the common prudence while dealing with
them.
User(s) agree to fully assume the risks of any transactions (“Transaction Risks”) conducted
on the basis of any content, information or any other material provided on the Web Site and
further assume the risks of any liability or harm of any kind arising due to or caused in
connection with any subsequent activity relating to any products or services that are the
subject of any such transaction.
Such risks include, but are not limited to, misrepresentation of products and services,
fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or
dangerous products, unlawful products, delay or default in delivery or payment, cost
miscalculations, breach of warranty, breach of contract and transportation accidents.
Such risks also include the risks that the manufacture, importation, distribution, offer, display,
purchase, sale and/or use of products or services offered or displayed on the Web Site may
violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may
incur costs of defense or other costs in connection with third parties’ assertion of Third Party
Rights, or in connection with any claims by any party that they are entitled to defense or
indemnification in relation to assertions of rights, demands or claims by Third Party Rights
claimants.
Such risks further include the risks that are the purchasers, end-users of products or others
claiming to have suffered injuries or harms relating to product originally obtained by User(s)
of the Web Site as a result of purchase and sale transactions in connection with using any
content, information or any other material provided on the Web Site may suffer harms and/or
assert claims arising from their use of such products.
User(s) agree that Aurex Gems shall not be liable or responsible for any damages, liabilities,
costs, harms, inconveniences, business disruptions or expenditures of any kind that may
occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely
responsible for all of the terms and conditions of the transactions conducted on, through or
as a result of use of any content, information or any other material provided on the Web Site,
including, without limitation, terms regarding payment, returns, warranties, shipping,
insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In
the event of a dispute with any party to a transaction, User(s) agrees to release and
indemnify Aurex Gems (and our agents, affiliates, directors, officers and employees) from all
claims, demands, actions, proceedings, costs, expenses and damages (including without
limitation any actual, special, incidental or consequential damages) arising out of or in
connection with such transaction.
Aurex Gems reserves the right to add/modify/discontinue any of the features offered on
Aurex Gems’s Services.
XII. LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the Web Site are provided on an ” as is ” and ” as available ”
basis, and Aurex Gems hereby expressly disclaims any and all warranties, express or
implied, including but not limited to any warranties of condition, quality, durability,
performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such
warranties, representations, conditions, undertakings and terms are hereby excluded. Aurex
Gems makes no representations or warranties about the validity, accuracy, correctness,
reliability, quality, stability or completeness of any information provided on or through the
Web Site including display or listing of tenders on the Web Site which in no manner is
endorsed by Aurex Gems. Aurex Gems has no association of whatsoever nature with the
publisher and/or the published contents. Moreover, Aurex Gems does not facilitate or
participate in any sale, delivery, transaction and / or storage related to any product including
but not limited to controversial weapons, cluster munitions or anti-personnel mines and other
such defense equipment. Aurex Gems does not represent or warrant that the manufacture,
importation, distribution, offer, display, purchase, sale and/or use of products or services
offered or displayed on the Web Site does not violate any Third Party Rights; and Aurex
Gems makes no representations or warranties of any kind concerning any product or service
offered or displayed on the Web site. Any material downloaded or otherwise obtained
through the Web site is at the User(s) sole discretion and risk and the User(s) is solely
responsible for any damage to its computer system or loss of data that may result from the
download of any such material. No advice or information, whether oral or written, obtained
by the User(s) from Web Site or through or from the Web Site shall create or be deemed to
create any warranty not expressly stated herein.
Under no circumstances shall Aurex Gems be held liable for any delay or failure or
disruption of the content or services delivered through the Web Site resulting directly or
indirectly from acts of nature, forces or causes beyond its reasonable control, including
without limitation, Internet failures, computer, telecommunications or any other equipment
failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil
disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God,
natural calamities, war, governmental actions, orders of domestic or foreign courts or
tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save
Aurex Gems, its affiliates, directors, officers and employees harmless, from any and all
losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise
from their use of the Web Site (including but not limited to the display of User(s) information
on the Web Site) or from User(s)’s breach of any of the terms and conditions of this
Agreement. User(s) hereby further agree to indemnify and save Aurex Gems, its affiliates,
directors, officers and employees harmless, from any and all losses, claims, liabilities
(including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any
representations and warranties made by the User(s) to Aurex Gems.
User(s) hereby further agree to indemnify and save Aurex Gems, its affiliates, directors,
officers and employees harmless, from any and all losses, claims, liabilities (including legal
costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any
claims asserted by Third Party Rights claimants or other third parties relating to products
offered or displayed on the Web Site. User(s) hereby further agree that Aurex Gems is not
responsible and shall have no liability for any material posted by other User(s) or any other
person, including defamatory, offensive or illicit material and that the risk of damage from
such material rests entirely with the User(s). Aurex Gems reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by any User(s), in which event such User(s) shall cooperate with Aurex
Gems in asserting any available defenses.
Aurex Gems shall not be liable for any special, direct, indirect, punitive, incidental or
consequential damages or any damages whatsoever (including but not limited to damages
for loss of profits or savings, business interruption, loss of information), whether in contract,
negligence, tort, strict liability or otherwise or any other damages resulting from any of the
following:
The use or the inability to use the Web Site;
Any defect in goods, samples, data, information or services purchased or obtained from a
User(s) or a third-party service provider through the web site;
Violation of Third Party Rights or claims or demands that User(s) manufacture, importation,
distribution, offer, display, purchase, sale and/or use of products or services offered or
displayed on the web site may violate or may be asserted to violate Third Party Rights; or
claims by any party that they are entitled to defense or indemnification in relation to
assertions of rights, demands or claims by Third Party Rights claimants;
Unauthorized access by third parties to data or private information of any User(s);
Statements or conduct of any User(s) of the web site; or
Any matters relating to Premium Services however arising, including negligence.
XIII. NOTICES
Aurex Gems
All notices to be communicated over mail.
XIV. GOVERNING LAW AND DISPUTE RESOLUTIONS
This Agreement and the Privacy Policy shall be governed in all respects by the laws of India
Territory.
XV. MISCELLANEOUS
Headings for any section of the Agreement are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section.
Aurex Gems’s failure to enforce any right or failure to act with respect to any breach by a
User(s) under the Agreement and/or Privacy Policy will not be deemed to be a Aurex
Gems’s waiver of that right or Aurex Gems’s waiver of the right to act with respect with
subsequent or similar breaches.
Aurex Gems shall have the right to assign its obligations and duties in this Agreement and in
any other agreement relating Aurex Gems’s Services to any person or entity
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall
be struck out and the remaining provisions of the Agreement shall be enforced.
All calls to Aurex Gems are completely confidential. However, Your call may be recorded to
ensure quality of service. Further, for training purpose and to ensure excellent customer
service, calls from Aurex Gems may be monitored and recorded.
Any complaints or concerns with regards to any content on Aurex Gems’s Services or any
breach of this Agreement or Privacy Policy can be directed to the designated email signed
with the electronic signature sent to info@Aurex Gems.com
The Agreement and the Privacy Policy constitute the entire agreement between the User(s)
and Aurex Gems with respect to access to and use of the Web Site, superseding any prior
written or oral agreements in relation to the same.
*All terms and conditions applied same to both Website and Mobile Application.
