Terms of Use

Welcome to Prismatic Gems. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011, for access or usage of Prismatic Gems marketplace platform - www.gemprism.com (hereinafter referred to as "Platform"). This electronic record is generated by a computer system and does not require any physical or digital signatures.

The Platform is owned by Prismatic Gems LLP (hereinafter referred to as “Prismatic Gems”, “we”, “us” or “our”), a Limited Liability Partnership having its address at 6/88, Vidhyadhar Nagar, Jaipur, India. Your use of the Platform is governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. By mere use of the Platform, You shall be contracting with Prismatic Gems. These terms and conditions including the policies constitute Your binding obligations, with us.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The Terms of Use are subject to change by us at any time, effective upon posting on the Platform, and your use of the Platform after such posting will constitute acceptance of you of such changes.

User Account and related information

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. We shall have the right to indefinitely suspend or terminate any account if the User has provided any information that is untrue, inaccurate, not current or incomplete.

User Conduct on the Platform

The Users utilize to meet and interact with one another for their transactions on the Platform. We are not and cannot be a party to or control in any manner any transaction between the Platform’s Users.
The User agrees and undertakes not to host, display, upload, modify, publish, transmit, update or share any information which belongs to any other person or is grossly harmful, harassing, misleading, obscene in any way.
The User shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any of our policy and rules and interrupt or causes to interrupt, damages the use by other Users of the Platform.
The Platform is available only to individuals who can form legally binding contracts under applicable laws of India and the country of their residence. Notwithstanding the foregoing, the Platform is not permitted to be used by minors (which means, in most jurisdictions, individuals under the age of 18).
The User shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. The Platform shall be entitled to stop any such activity.
The User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time, and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations regarding Your use of Our Platform. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

Content posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds and music (collectively, "Content"), is a third party user generated content and Prismatic Gems has no control over such content. However, such Content shall become property of Prismatic Gems and You grant Us the worldwide, perpetual and transferable rights in such Content.

Customs and Duties

You are hereby advised that we are not responsible for any custom charges, duties, VAT, etc. that your country may be charging as these vary from case-to-case and are beyond our purview. However, note that currently there is no import duty on loose gemstones in the US, Canada and Europe. In other countries, this typically ranges around 1% only. Additionally, professional buyers (B2B) can also recover the VAT. You are advised to contact your local customs for any clarification. Additionally, feel free to contact us, and we may in some cases have older experiences from customers to share.
Also, please note that for international orders that AFTER dispatch, are either refused by the customer, or cancelled, the customer will be liable for all custom duties and VAT charged by their country, in order to return the items back to us. Only after receipt of the item by us, any balance due to the customer, less all fees, custom duties and VAT, will be refunded to the customer as per the refund timeline.

Indemnity

You shall indemnify and hold harmless Prismatic Gems and its affiliates from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights of a third party.

Limitation of Liability

Your use of the Platform is at your sole risk. This contract strictly limits our liability and Prismatic Gems does not provide warranties, whether express or implied, for the service. Further, this contract also limits your remedies.

In any event, Prismatic Gems shall not be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from the use of our Platform or unauthorized access to or alteration of the user’s transmissions or data. To the maximum extend that is permissible under law, our liability shall be limited to an amount equal to the value of products purchased by You. Further, we shall not be liable for any dispute or disagreement between Users.

Additional Provisions

The administration of Prismatic Gems serves as proof of purchase orders and requests of the User, unless the User proves otherwise. The User acknowledges that electronic communication can serve as proof.
Prismatic Gems is entitled to transfer the rights and obligations under the contract with the User to a third party, by a single notification to the User.
Prismatic Gems reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You hereby agree that Prismatic Gems shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Platform.
Any correspondence or business dealings of the User with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. You hereby agree that Prismatic Gems shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
In case and to the extent that any provisions of these terms and conditions are cancelled or declared invalid, we shall draw up a new provision to replace the null/nullified provision, duly observing as much as possible the object and purpose of the annulled provision.

Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals and applicable authorities at Jaipur, Rajasthan. The place of jurisdiction shall be exclusively in Jaipur.

For questions, comments, customer complaints please send an email to info@gemprism.com.