Terms and Condition & Privacy and Policy

TERMS OF SERVICE AGREEMENT
PLEASE READ THIS TERMS OF SERVICE
AGREEMENT CAREFULLY. BY USING THIS
WEBSITE OR ORDERING PRODUCTS FROM
THIS WEBSITE YOU AGREE TO BE BOUND
BY ALL OF THE TERMS AND CONDITIONS
OF THIS AGREEMENT.
This Terms of Service Agreement (the
“Agreement”) governs your use of this
website, https://mahigems-exports.com/ (the
“Website”), Mahi Gems & Export Diamonds
(“Business Name”) offer of products for
purchase on this Website, or your purchase
of products available on this Website. This
Agreement includes, and incorporates by
this reference, the policies and guidelines
referenced below. Mahi Gems & Export
reserves the right to change or revise the
terms and conditions of this Agreement at
any time by posting any changes or a revised
Agreement on this Website. Mahi Gems &
Export will alert you that changes or
revisions have been made by indicating on
the top of this Agreement the date it was last
revised. The changed or revised Agreement
will be effective immediately after it is posted
on this Website. Your use of the Website
following the posting any such changes or of
a revised Agreement will constitute your
acceptance of any such changes or
revisions.Mahi Gems & Export encourages
you to review this Agreement whenever you
visit the Website to make sure that you
understand the terms and conditions
governing use of the Website. This
Agreement does not alter in any way the
terms or conditions of any other written
agreement you may have with Mahi Gems &
Export for other products or services. If you
do not agree to this Agreement (including
any referenced policies or guidelines),
please immediately terminate your use of the
Website. If you would like to print this
Agreement, please click the print button on
your browser toolbar.
I. PRODUCTS
Terms of Offer. This Website offers for sale
certain products (the “Products”). By placing
an order for Products through this Website,
you agree to the terms set forth in this
Agreement.
Customer Solicitation: Unless you notify our
third party call center reps or direct Mahi
Gems & Export sales reps, while they are
calling you, of your desire to opt out from
further direct company communications and
solicitations, you are agreeing to continue to
receive further emails and call solicitations
Mahi Gems & Export and its designated in
house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways
to opt out of from future solicitations. 1. You
may use the opt out link found in any email
solicitation that you may receive. 2. You may
also choose to opt out, via sending your
email address to:
Parigemsstore03@gmail.com
3. You may send a written remove request to
623, Kadiwal, Near Pakhaliwad, Khambhat,
Anand, Gujarat ,India -388620
Proprietary Rights. Mahi Gems & Export has
proprietary rights and trade secrets in the
Products. You may not copy, reproduce,
resell or redistribute any Product
manufactured and/or distributed by Mahi
Gems & Export . Mahi Gems & Export also
has rights to all trademarks and trade dress
and specific layouts of this webpage,
including calls to action, text placement,
images and other information.
Sales Tax. If you purchase any Products, you
will be responsible for paying any applicable
sales tax.
II. WEBSITE
Content; Intellectual Property; Third Party
Links. In addition to making Products
available, this Website also offers
information and marketing materials. This
Website also offers information, both directly
and through indirect links to third-party
websites, about nutritional and dietary
supplements. Mahi Gems & Export does not
always create the information offered on this
Website; instead the information is often
gathered from other sources. To the extent
that Mahi Gems & Export does create the
content on this Website, such content is
protected by intellectual property laws of the
India, foreign nations, and international
bodies. Unauthorized use of the material may
violate copyright, trademark, and/or other
laws. You acknowledge that your use of the
content on this Website is for personal,
noncommercial use. Any links to third-party
websites are provided solely as a
convenience to you.Mahi Gems & Export
does not endorse the contents on any such
third-party websites.Mahi Gems & Export is
not responsible for the content of or any
damage that may result from your access to
or reliance on these third-party websites. If
you link to third-party websites, you do so at
your own risk.
Use of Website; Mahi Gems & Export is not
responsible for any damages resulting from
use of this website by anyone. You will not
use the Website for illegal purposes. You will
(1) abide by all applicable local, state,
national, and international laws and
regulations in your use of the Website
(including laws regarding intellectual
property), (2) not interfere with or disrupt the
use and enjoyment of the Website by other
users, (3) not resell material on the Website,
(4) not engage, directly or indirectly, in
transmission of “spam”, chain letters, junk
mail or any other type of unsolicited
communication, and (5) not defame, harass,
abuse, or disrupt other users of the Website
License. By using this Website, you are
granted a limited, non-exclusive,
non-transferable right to use the content and
materials on the Website in connection with
your normal, noncommercial, use of the
Website. You may not copy, reproduce,
transmit, distribute, or create derivative
works of such content or information without
express written authorization from Mahi
Gems & Export or the applicable third party
(if third party content is at issue).
Posting. By posting, storing, or transmitting
any content on the Website, you hereby
grant Mahi Gems & Export a perpetual,
worldwide, non-exclusive, royalty-free,
assignable, right and license to use, copy,
display, perform, create derivative works
from, distribute, have distributed, transmit
and assign such content in any form, in all
media now known or hereinafter created,
anywhere in the world. Mahi Gems & Export
does not have the ability to control the
nature of the user-generated content offered
through the Website. You are solely
responsible for your interactions with other
users of the Website and any content you
post. Mahi Gems & Export is not liable for
any damage or harm resulting from any
posts by or interactions between users. Mahi
Gems & Export reserves the right, but has
no obligation, to monitor interactions
between and among users of the Website
and to remove any content Mahi Gems &
Export deems objectionable, in MuscleUP
Nutrition ‘s sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR
PRODUCTS ARE AT YOUR SOLE RISK. THE
WEBSITE AND PRODUCTS ARE OFFERED
ON AN “AS IS” AND “AS AVAILABLE” BASIS.
MAHI GEMS & EXPORT EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT WITH RESPECT
TO THE PRODUCTS OR WEBSITE CONTENT,
OR ANY RELIANCE UPON OR USE OF THE
WEBSITE CONTENT OR PRODUCTS.
(“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, MAHI GEMS & EXPORT
MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON
THIS WEBSITE IS ACCURATE, RELIABLE,
COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY
WEBSITES ARE TO INFORMATION THAT IS
ACCURATE, RELIABLE, COMPLETE, OR
TIMELY.
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU
FROM THIS WEBSITE WILL CREATE ANY
WARRANTY NOT EXPRESSLY STATED
HEREIN.
AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE
PRODUCTS OR THAT DEFECTS IN
PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED
OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
MAHI GEMS & EXPORT ENTIRE LIABILITY,
AND YOUR EXCLUSIVE REMEDY, IN LAW, IN
EQUITY, OR OTHWERWISE, WITH RESPECT
TO THE WEBSITE CONTENT AND
PRODUCTS AND/OR FOR ANY BREACH OF
THIS AGREEMENT IS SOLELY LIMITED TO
THE AMOUNT YOU PAID, LESS SHIPPING
AND HANDLING, FOR PRODUCTS
PURCHASED VIA THE WEBSITE.
MAHI GEMS & EXPORT WILL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES IN
CONNECTION WITH THIS AGREEMENT OR
THE PRODUCTS IN ANY MANNER,
INCLUDING LIABILITIES RESULTING FROM
(1) THE USE OR THE INABILITY TO USE THE
WEBSITE CONTENT OR PRODUCTS; (2) THE
COST OF PROCURING SUBSTITUTE
PRODUCTS OR CONTENT; (3) ANY
PRODUCTS PURCHASED OR OBTAINED OR
TRANSACTIONS ENTERED INTO THROUGH
THE WEBSITE; OR (4) ANY LOST PROFITS
YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATION
You will release, indemnify, defend and hold
harmless Mahi Gems & Export , and any of its
contractors, agents, employees, officers,
directors, shareholders, affiliates and
assigns from all liabilities, claims, damages,
costs and expenses, including reasonable
attorneys’ fees and expenses, of third parties
relating to or arising out of (1) this
Agreement or the breach of your warranties,
representations and obligations under this
Agreement; (2) the Website content or your
use of the Website content; (3) the Products
or your use of the Products (including Trial
Products); (4) any intellectual property or
other proprietary right of any person or
entity; (5) your violation of any provision of
this Agreement; or (6) any information or
data you supplied to Mahi Gems & Export .
When Mahi Gems & Export is threatened
with suit or sued by a third party, Mahi Gems
& Export may seek written assurances from
you concerning your promise to indemnify
Mahi Gems & Export ; your failure to provide
such assurances may be considered by Mahi
Gems & Export to be a material breach of
this Agreement. Mahi Gems & Export will
have the right to participate in any defense
by you of a third-party claim related to your
use of any of the Website content or
Products, with counsel of Mahi Gems &
Export choice at its expense. Mahi Gems &
Export will reasonably cooperate in any
defense by you of a third-party claim at your
request and expense. You will have sole
responsibility to defend Mahi Gems & Export
against any claim, but you must receive .
Mahi Gems & Export prior written consent
regarding any related settlement. The terms
of this provision will survive any termination
or cancellation of this Agreement or your use
of the Website or Products.
VI. PRIVACY
Mahi Gems & Export believes strongly in
protecting user privacy and providing you
with notice of MuscleUP Nutrition ‘s use of
data. Please refer to Mahi Gems & Export
privacy policy, incorporated by reference
herein, that is posted on the Website.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products,
you acknowledge that you have read and
agree to be bound by this Agreement and all
terms and conditions on this Website.
VIII. GENERAL
Force Majeure. Mahi Gems & Export will not
be deemed in default hereunder or held
responsible for any cessation, interruption or
delay in the performance of its obligations
hereunder due to earthquake, flood, fire,
storm, natural disaster, act of God, war,
terrorism, armed conflict, labor strike,
lockout, or boycott.
Cessation of Operation. Mahi Gems & Export
at any time, in its sole discretion and without
advance notice to you, cease operation of
the Website and distribution of the Products.
Entire Agreement. This Agreement
comprises the entire agreement between
you and Mahi Gems & Export and
supersedes any prior agreements pertaining
to the subject matter contained herein.
Effect of Waiver. The failure of Mahi Gems &
Export to exercise or enforce any right or
provision of this Agreement will not
constitute a waiver of such right or
provision. If any provision of this Agreement
is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree
that the court should endeavor to give effect
to the parties’ intentions as reflected in the
provision, and the other provisions of this
Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website
originates from the Khambhat , Gujarat. This
Agreement will be governed by the laws of
the State of Gujarat without regard to its
conflict of law principles to the contrary.
Neither you norMahi Gems & Export will
commence or prosecute any suit,
proceeding or claim to enforce the
provisions of this Agreement, to recover
damages for breach of or default of this
Agreement, or otherwise arising under or by
reason of this Agreement, other than in
courts located in State of Gujarat. By using
this Website or ordering Products, you
consent to the jurisdiction and venue of such
courts in connection with any action, suit,
proceeding or claim arising under or by
reason of this Agreement. You hereby waive
any right to trial by jury arising out of this
Agreement and any related documents.
Statute of Limitation. You agree that
regardless of any statute or law to the
contrary, any claim or cause of action arising
out of or related to use of the Website or
Products or this Agreement must be filed
within one (1) year after such claim or cause
of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING
INTO THIS AGREEMENT, YOU HEREBY
IRREVOCABLY WAIVE ANY RIGHT YOU MAY
HAVE TO JOIN CLAIMS WITH THOSE OF
OTHER IN THE FORM OF A CLASS ACTION
OR SIMILAR PROCEDURAL DEVICE. ANY
CLAIMS ARISING OUT OF, RELATING TO,
OR CONNECTION WITH THIS AGREEMENT
MUST BE ASSERTED INDIVIDUALLY.
Termination.Mahi Gems & Export reserves
the right to terminate your access to the
Website if it reasonably believes, in its sole
discretion, that you have breached any of the
terms and conditions of this Agreement.
Following termination, you will not be
permitted to use the Website and Mahi Gems
& Export may, in its sole discretion and
without advance notice to you, cancel any
outstanding orders for Products. If your
access to the Website is terminated, Mahi
Gems & Export reserves the right to
exercise whatever means it deems
necessary to prevent unauthorized access of
the Website. This Agreement will survive
indefinitely unless and until Mahi Gems &
Export chooses, in its sole discretion and
without advance to you, to terminate it.
Domestic Use. Mahi Gems & Export makes
no representation that the Website or
Products are appropriate or available for use
in locations outside India. Users who access
the Website from outside India do so at their
own risk and initiative and must bear all
responsibility for compliance with any
applicable local laws.
Assignment. You may not assign your rights
and obligations under this Agreement to
anyone. Mahi Gems & Export may assign its
rights and obligations under this Agreement
in its sole discretion and without advance
notice to you.
BY USING THIS WEBSITE OR ORDERING
PRODUCTS FROM THIS WEBSITE YOU
AGREE
TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
Privacy policy :
This Privacy Policy sets out how Mahi Gems
& Export uses and protects any information
that you give when you use this website (
https://mahigems-exports.com/).
Mahi Gems & Export is committed to
ensuring that your privacy is protected.
Should we ask you to provide certain
information by which you can be identified
when using this website, then you can be
assured that it will only be used in
accordance with this privacy statement.
We may collect the following information:
Name and job title
Contact information including email address
and phone number
Demographic information such as postcode,
preferences and interests
Other information relevant to customer
surveys and/or offers
We require this information to understand
your needs and provide you with a better
service, and in particular for the following
reasons:
Internal record keeping.
We may use the information to improve our
products and services.
We may periodically send promotional emails
about new products, special offers or other
information which we think you may find
interesting using the email address which
you have provided.
From time to time, we may also use your
information to contact you for market
research purposes. We may contact you by
email, phone, fax or mail. We may use the
information to customise the website
according to your interests.
We are committed to ensuring that your
information is secure. In order to prevent
unauthorised access or disclosure, we have
put in place suitable physical, electronic and
managerial procedures to safeguard and
secure the information we collect online.
We will not sell, distribute or lease your
personal information to third parties unless
we have your permission or are required by
law to do so.
If you believe that any information we are
holding on you is incorrect or incomplete,
please contact us as soon as possible. We
will promptly correct any information found
to be incorrect.
By using this website, you signify your
acceptance of this Privacy Policy. If you do
not agree to this policy, please do not use
our website. We reserve the right to modify
this policy at any time, so please review it
frequently
If you have any questions about our privacy
policy, please contact us.
Return& Exchange is accepeted
Buyer can return or exchange this item
Buyer must return item within 7 days of
delivery
Buyer is responsible for return postage costs
Buyer is responsible for loss in value (as
agreed upon with seller) if an item isn’t
returned in original condition
Cancellation/Refund Policy :
At , Mahi Gems & Export we want you to be
completely satisfied with your purchase. If
you need to cancel your order, please
contact us within 24 hours of placing your
order. We do not accept cancellations or
refunds after this time.
In the case of a manufacturing defect or
damage during shipping, please contact us
within 7 days of receiving your order, and we
will work with you to resolve the issue. We
may request that you provide photos of the
damage to assist us in determining the best
course of action.
Refunds will be issued in the original form of
payment once the returned item has been
received and inspected. Please allow up to
10 business days for the refund to be
processed.
Please note that custom orders are final sale
and cannot be canceled or returned for a
refund.