Terms & Conditions
Terms and Conditions
These terms and conditions apply to the OTM Jewellery Web site located at <www.otmjewellery.com>, and all other sites of OTM Jewellery linked to www.otmjewellery.com. Please read these terms and conditions carefully. BY USING THE SITE, YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS. These Terms and Conditions govern your use of, and any purchase from, the OTM Jewellery Site, and constitute an agreement between you and OTM Jewellery Private Limited. OTM Jewellery reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, at its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
Product Availability and Pricing
If the product is readily available, it will be dispatched to you within 10 working days. In-case of non-availability of the product, and known inability to manufacture it within 10 days, we will contact you directly regarding possible options. The delivery time can be extended by 10 working days.
Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. OTM reserves the right to correct any errors whenever they occur or are noticed, and does not honour inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact one of our Jewellery Consultants at <otmjewellery@gmail.com>.
We do not negotiate prices on our products and all our prices are final.
Diamond Certificates
When you order diamond jewellery from OTM, we ship it to you with the accompanying Jewellery Identification Report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of two highly-respected diamond laboratories - making it very expensive to replace the report. Because of this, it is required that any jewellery returned should accompany its corresponding Jewellery Identification Report. If you do not include the report with your return, you will be charged a replacement fee of Rs. 500 – Rs. 10000, depending on the quantity of diamond in the jewellery.
Information on our Site
At OTM Jewellery, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, colour and size may vary.
Our aim is to provide you with maximum information about the jewellery, so that you can make an informed decision to purchase. OTM Jewellery states that carat total weight in all purchases may vary 0.05 carats from stated weight.
On the Site, we provide the approximate gross weight of our products based on our manufacturing specifications. Slight difference may be found, based on finishing during the manufacturing.
A tolerance of up to 0.5 carat is acceptable due to the availability of the gemstones and pearls.
Every piece of jewellery is accompanied by a Jewellery certificate provided by one of the world’s best laboratories <EGL / IGI>. We follow their grading of the diamonds in the jewellery. As these laboratories are the most competent and well equipped. Any difference of opinion can be there because of varying equipment and testing method.
Policy on Conflict Diamonds
OTM Jewellery is against the trade in conflict or blood diamond. In accordance with our policy, our suppliers, being equally reputed, follow the Kimberley Process, thereby, eliminating all possibilities of such diamonds entering into our manufacturing.
Privacy Policy
Please read our <Privacy Policy> for detailed information on how OTM Jewellery collects, uses, and discloses personal information from its customers.
Site Content
All content of the site, OTM Jewellery’s logo, all designs, text, graphics, images, information, data, audios, software and any other files that may be hosted on the website, or otherwise provided are the copyright of OTM Jewellery, its licensees, or principals. These are protected by copyright, patents, trademarks, intellectual property rights, and unfair competition laws.
No information, content or material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without OTM Jewellery's written permission.
Trademarks
OTM Jewellery, the OTM Jewellery logos, and any product or service name, or slogan contained in our Site are trademarks of OTM Jewellery and its suppliers or licensors, and may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed, in whole or in part, in any way without the prior written permission of OTM Jewellery or the applicable trademark holder.
Meta tags or any other "hidden text" utilizing "OTM Jewellery" or any other name, trademark or product or service name of OTM Jewellery may not be used without prior written permission. All other trademarks, registered trademarks, product names and OTM Jewellery names or logos mentioned in our Site are the property of their respective owners.
Use of the Site
You are granted a personal, limited license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of OTM Jewellery, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
Infringer Policy
OTM Jewellery has adopted a policy of terminating and barring, in appropriate circumstances and at its sole discretion, site users or account holders who are deemed to be repeat infringers. OTM Jewellery may also at its sole discretion limit access to this site or its content and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Content
Links to web pages and content of third parties (‘Third Party Content’) may be provided by OTM Jewellery on its website, as a service to those interested in this information. OTM Jewellery does not monitor or have any control over any Third Party Content or their websites. Neither does it endorse any such Third Party Content and can make no guarantee for its accuracy or completeness. OTM Jewellery does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users agree to use these links and Third Party Content contained therein at their own risk.
Advertisements and Promotions
Advertisements and promotions from third parties may run on OTM Jewellery’s website. Any business dealings, correspondence, or participation in promotions, and any terms, conditions, warranties, or representations associated with such dealings with advertisers other than OTM Jewellery, are solely between you and the third party. OTM Jewellery is not 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 OTM Jewellery website.
Submissions
You acknowledge and agree that any materials, including but not limited to questions, comments, testimonials, reviews, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, that you provide to OTM Jewellery are non-confidential and shall become the sole property of OTM Jewellery. OTM Jewellery will own the rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant OTM Jewellery and its affiliates, the right to use the submitted name with regard to such content.
You agree that
(a) You own and control all of the rights to the content that you submit, and you have the right to submit such content to this site;
(b) The content is accurate and not misleading;
(c) Use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
Product Reviews and User Content
Our Site includes a product review feature, and provision for other user generated content, or other areas or services in which third parties create, post, or store any content, messages, materials or other items on our Site. You are solely responsible for such material that you have posted. By using any user generated content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:
- Any message, data, information, text, music, sound, photos, video, graphics, code or other material ('User Content') that is unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of OTM Jewellery, is objectionable or which restricts or inhibits any other person from using or enjoying the user content in our Site, or which may expose OTM Jewellery or its users to any harm or liability of any type.
OTM Jewellery takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is OTM Jewellery liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. OTM Jewellery is not liable for any statements, representations or User Content provided by its users. Although OTM Jewellery has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, OTM Jewellery reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site at your sole cost and expense. Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect OTM Jewellery's systems and customers, or to ensure the integrity and operation of OTM Jewellery's business and systems, OTM Jewellery may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. OTM Jewellery's right to disclose any such information shall govern over any terms of OTM Jewellery's Privacy Policy.
If you post User Content to our Site, unless we indicate otherwise, you grant OTM Jewellery and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant OTM Jewellery and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
Indemnification
You agree to defend, indemnify and hold harmless OTM Jewellery, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against OTM Jewellery and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Disclaimer of Warranty
Except as expressly provided to the contrary in a writing by OTM Jewellery, this site, the content contained therein and the products and services provided on or in connection therewith (the "products and services") are provided on an "as is" basis without warranties of any kind, either express or implied. OTM Jewellery disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, content, and materials in our site. OTM Jewellery does not represent or warrant that materials in our site or the services are accurate, complete, reliable, current or error-free. OTM Jewellery does not represent or warrant that our site or its servers are free of viruses or other harmful components.
Limitation of Liability
In no event shall OTM Jewellery, its directors, members, employees or agents be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of our site, the products and services, or the content contained in or accessed through our site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from OTM Jewellery, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to OTM Jewellery's records, programs or services.
Applicable Law and Venue
These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of New Delhi. You agree that any dispute will be subject to jurisdiction in the courts of New Delhi only.
Modification and Notice
You agree that OTM Jewellery may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.
Termination
Notwithstanding any of these Terms and Conditions, OTM Jewellery reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
If you have any questions, please do not hesitate to contact one of our Jewellery Consultants at <Contact us>, <otmjewellery@gmail.com> or 011-24330261.
Terms and Conditions updated on 22nd May, 2012.