Terms of service
OVERVIEW
Welcome to Gemsdeva! The terms “we,” “us” and “our” refer to Gemsdeva. Gemsdeva operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). Gemsdeva is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory or place of residence, or that you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide information such as your email address and billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to another person.
SECTION 2 – OUR PRODUCTS AND SERVICES
We make reasonable efforts to provide accurate representations of our products and services. However, colours, size, texture and appearance may differ from how they appear on your screen because of device displays, lighting, photography and individual product characteristics.
Natural gemstones and Rudraksha beads may contain variations in colour, texture, inclusions, shape, size and other characteristics. Such natural variations do not necessarily constitute defects.
We do not warrant that the appearance or quality of any product or service purchased by you will meet every subjective expectation or appear exactly the same as depicted on our online store.
Product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue a product or service at any time and may limit quantities available to any person, geographic region or jurisdiction on a case-by-case basis.
Astrology consultations, Kundali reports, gemstone recommendations, Rudraksha recommendations and other spiritual guidance are provided for informational, educational and spiritual purposes. They do not replace professional medical, legal, psychological or financial advice, diagnosis or treatment. Individual experiences and outcomes may vary, and no specific outcome is guaranteed.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. Gemsdeva reserves the right to accept or decline an order for any lawful reason at its discretion. Your order is not accepted until Gemsdeva confirms acceptance. We must receive and process the required payment before an order is accepted.
Please review your order carefully before submitting it, as Gemsdeva may be unable to accommodate cancellation requests after an order has been accepted or processing, personalisation, energisation, consultation preparation or digital-report generation has started.
If we decline, change or cancel an order, we will attempt to notify you using the email address, billing address or telephone number provided when the order was placed.
Purchases are subject to return, exchange and cancellation solely in accordance with our Return and Exchange Policy.
You represent and warrant that purchases are for lawful personal, household or permitted business use and will not be used for any illegal or unauthorised purpose.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions may change without notice. The price charged for a product or service will be the price displayed when the order is placed and will be stated in the order confirmation.
Unless expressly stated otherwise, displayed prices may not include shipping, handling, customs duties, import charges or other charges applicable to the order. Taxes will be applied as required by applicable law.
Prices displayed in our online store may differ from prices offered through physical stores, marketplaces or third-party channels. Promotions may be governed by separate terms. If there is a conflict between promotion-specific terms and these Terms, the promotion-specific terms will apply to that promotion.
You agree to provide current, complete and accurate purchase, payment and account information. You agree to update information such as your email address, payment details and billing information promptly so that we can complete transactions and contact you when necessary.
You represent and warrant that the payment information you provide is accurate, that you are authorised to use the selected payment method and that you will pay all charges incurred at the displayed prices, including applicable taxes and shipping or handling charges.
SECTION 5 – SHIPPING AND DELIVERY
Shipping and delivery timelines are estimates and are not guaranteed unless expressly stated otherwise. We are not responsible for delays caused by carriers, customs processing, incorrect customer information, natural events, government restrictions or circumstances outside our reasonable control.
Customers are responsible for providing a complete and accurate shipping address and contact information. Additional charges resulting from incorrect or incomplete information may be payable by the customer.
International customers may be responsible for customs duties, import taxes, clearance charges and other fees imposed by the destination country, as described in our Customs and Duties Policy.
Risk relating to delivery will be handled in accordance with applicable consumer law and our published shipping, return and exchange policies.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services—including trademarks, brand names, text, displays, images, graphics, product reviews, videos, audio, designs, selections and arrangements—are owned by Gemsdeva, its affiliates or licensors and are protected by applicable Indian and international intellectual-property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent.
Except as expressly provided, nothing in these Terms grants a licence or other rights under any patent, trademark, copyright or intellectual property belonging to Gemsdeva, Shopify or any third party. Unauthorised use may violate applicable intellectual-property laws. All rights not expressly granted are reserved by Gemsdeva.
Gemsdeva’s name, logo, product and service names, designs and slogans are trademarks or brand assets of Gemsdeva or its affiliates or licensors. You must not use them without prior written permission. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. Other names, logos and marks belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may receive access to tools provided by third parties as part of the Services. We do not necessarily monitor or control these tools.
Access to such tools is provided “as is” and “as available,” without warranties, representations, conditions or endorsement. To the extent permitted by law, we will not be liable for losses arising solely from your use of optional third-party tools.
Use of optional tools is at your discretion. You should review and accept the terms under which the relevant third-party provider supplies them.
We may offer new features, tools and resources through the Services. Such features will form part of the Services and will be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials, integrations and links to websites operated by third parties. We are not responsible for examining or evaluating the content, accuracy, policies or practices of third-party websites.
If you leave the Services to access a third-party website, you do so at your discretion. To the extent permitted by law, we are not liable for harm relating to access to a third-party website or the purchase or use of third-party products, services, resources or content.
Review third-party policies and practices before entering a transaction. Questions or complaints concerning third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Gemsdeva is powered by Shopify, which enables us to provide the Services. However, sales and purchases made through our store are made directly with Gemsdeva.
By using the Services, you acknowledge that Shopify is not the seller of Gemsdeva’s products or services and is not responsible for transactions between you and Gemsdeva, except to the extent required by applicable law.
SECTION 10 – PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have had an opportunity to review these privacy policies.
Because the Services are hosted by Shopify, Shopify processes information relating to access to and use of the Services to provide and improve its services. Information submitted through the Services may be transmitted to Shopify and other service providers, including providers located outside your country of residence, subject to applicable privacy law.
Please review our Privacy Policy for information about how Gemsdeva and its service providers process personal information.
SECTION 11 – FEEDBACK
If you submit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to use, reproduce, adapt, publish, distribute and display that Feedback for purposes connected with operating, improving and promoting the Services, subject to applicable law.
You represent and warrant that you own or have the necessary rights to submit the Feedback, have disclosed any compensation or incentive received in connection with it and that the Feedback complies with these Terms.
We are not obligated to keep Feedback confidential, pay compensation for it or respond to it unless applicable law or a separate written agreement requires otherwise.
We may monitor, edit or remove Feedback that we reasonably determine is unlawful, misleading, offensive, threatening, defamatory, obscene or in violation of intellectual-property rights or these Terms.
Feedback must not violate a third party’s rights, contain unlawful or malicious material, introduce viruses or malware, or mislead others about its source. You are responsible for the Feedback you submit and its accuracy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
The Services may occasionally contain typographical errors, inaccuracies or omissions concerning product descriptions, pricing, promotions, offers, shipping charges, delivery times or availability.
We reserve the right to correct errors, update information and change or cancel orders affected by materially inaccurate information, subject to applicable law. If an accepted order is cancelled because of such an error, any amount collected for the cancelled portion will be handled in accordance with applicable law and our policies.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You must not use the Services directly or indirectly:
(a) for unlawful, fraudulent or malicious purposes;
(b) to violate applicable laws, regulations, rules or ordinances;
(c) to infringe intellectual-property or other rights;
(d) to harass, threaten, abuse, defame or harm another person;
(e) to transmit false, fraudulent or misleading information;
(f) to upload or transmit material that violates these Terms;
(g) to distribute unsolicited advertising, spam, chain letters or similar solicitations;
(h) to impersonate another person or entity; or
(i) to engage in conduct that restricts another person’s use or enjoyment of the Services or exposes Gemsdeva, Shopify or users to liability.
You must also not upload malicious code, exploit any portion of the Services, collect personal information unlawfully, engage in phishing or similar activity, interfere with security features or circumvent measures used to protect or control access to the Services.
We reserve the right to suspend or terminate access when we reasonably determine that these Terms have been violated, subject to applicable law.
SECTION 14 – AUTOMATED AGENTS
This section applies when a person uses or deploys autonomous or semi-autonomous software (“Agent”) to access or interact with the Services.
An Agent must accurately identify itself and must not imitate human behaviour to conceal automated access, circumvent CAPTCHAs, bypass access restrictions or evade measures designed to control automated interaction.
We may use technical measures to limit whether and how Agents access or interact with the Services.
An Agent must comply with our published technical instructions, robots directives and reasonable access restrictions.
SECTION 15 – TERMINATION
We may terminate these Terms or suspend access to the Services, in whole or in part, if reasonably necessary because of a violation of these Terms, unlawful activity, security risk or other legitimate business reason, subject to applicable law.
You will remain responsible for amounts lawfully due up to the effective date of termination.
Provisions concerning intellectual property, Feedback, disclaimers, liability, indemnification, severability, assignment, governing law, privacy and other provisions that by their nature should survive will remain in effect after termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
Information available through the Services is provided for general informational purposes. While we endeavour to maintain accurate information, we do not warrant that all information will always be complete, current or error-free.
Reliance on information provided through the Services is at your discretion. Nothing in this section excludes rights or warranties that cannot lawfully be excluded under applicable consumer law.
Except as expressly stated by Gemsdeva or required by applicable law, the Services are provided “as is” and “as available,” without representations, warranties or conditions of any kind, whether express or implied.
We do not guarantee that access to the Services will always be uninterrupted, timely, secure or error-free. Some jurisdictions do not permit certain warranty exclusions, in which case those exclusions will apply only to the extent permitted by law.
SECTION 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Gemsdeva and its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors will not be liable for indirect, incidental, punitive, special or consequential loss arising from the use of the Services or products obtained through the Services.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, or any mandatory consumer right or remedy available under applicable Indian law.
Where liability can lawfully be limited, it will be limited to the extent permitted by applicable law.
SECTION 18 – INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Gemsdeva, Shopify and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, losses, damages and reasonable legal costs arising from:
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Your material breach of these Terms;
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Your violation of applicable law or a third party’s rights; or
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Your unlawful or unauthorised use of the Services.
We will notify you of a claim for which indemnification is sought. You agree to provide reasonable cooperation in responding to the claim.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the maximum extent permitted by law or severed to the minimum extent necessary.
The determination will not affect the validity and enforceability of the remaining provisions.
SECTION 20 – WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms will not constitute a waiver of that right or provision.
These Terms and the policies or operating rules posted on the website constitute the agreement between you and us concerning use of the Services and supersede prior communications concerning the same subject matter, except where a separate written agreement expressly applies.
Ambiguities will not automatically be interpreted against the party that prepared these Terms.
SECTION 21 – ASSIGNMENT
You may not transfer or assign these Terms or your rights and obligations under them without our prior written consent, except where applicable law provides otherwise.
We may transfer or assign these Terms and our rights and obligations in connection with a restructuring, business transfer or service-provider arrangement, subject to applicable law.
SECTION 22 – GOVERNING LAW
These Terms of Service and agreements through which we provide the Services are governed by the laws of India.
Subject to rights and remedies available to consumers under applicable law, courts at New Delhi, India will have jurisdiction over disputes arising from these Terms or the Services.
Nothing in this section prevents a consumer from approaching a competent consumer commission or other authority available under applicable law.
SECTION 23 – HEADINGS
Headings are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.
SECTION 24 – CHANGES TO TERMS OF SERVICE
You can review the current version of these Terms of Service on this page.
We may update these Terms by publishing a revised version on the website. Where required by applicable law, we will provide notice of material changes.
Changes will take effect on the date stated in the notice or, if no date is stated, when the revised Terms are published. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms, subject to applicable law.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms of Service may be sent to:
Gemsdeva
Email: support@thegemsdeva.com
Phone: +91 70489 92031
Address: Plot No. A-357, Khasra No. 268, Chhatarpur Enclave, Phase 2, Chhatarpur, New Delhi, Delhi 110074, India
GSTIN: 07FWGPS0193M1ZW