Terms of Use

TERMS AND CONDITIONS OF USE OF EVOL WEBSITE, EVOL ANDROID APP, EVOL iOS APP AND ALL EVOL SERVICES (COLLECTIVELY REFERRED TO AS THE INTERNET BASED PLATFORM OR SERVICES)

 

PLEASE READ THESE TERMS OF USE CAREFULLY BY ACCESSING OR USING THIS INTERNET BASED PLATFORM AND THE SERVICES PROVIDED THROUGH THIS INTERNET BASED PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS INTERNET BASED PLATFORM OR AVAIL ANY SERVICES PROVIDED THROUGH THIS INTERNET BASED PLATFORM.

 

    GENERAL TERMS OF USE
        1. The domain name www.evoljewels.com, an internet based portal, the EVOL android app and iOS app, are owned and operated by M/s. Evol Jewels Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “EVOL” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website”.
        2. Your access or use of the Website, transacting on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. 
        3. These Terms of Use sets out the legally binding terms of services available on the Website as well as at the terms of use of this Website. These Terms of Use along with the Privacy Policy Privacy (which is hereby incorporated by reference herein), extends to both users, who visit the Website but do not transact business on the Website (hereinafter referred to as “You” or “Your” or “Customer”, “Users” or “Guests") as well as users who are registered with by the Website to transact business on the Website (hereinafter referred to as "Members") on one part and EVOL on the other Part.
        4. By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by implicitly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
        5. The Website is a platform that facilitates online purchase of Jewellery and other precious stones including Diamonds sold by M/s. EVOL Jewels Private Limited and its associated Companies.
        6. EVOL reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and at its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.
        7. As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to EVOL that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
        8. These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to: the Indian Contract Act, 1872 (“Contract Act”); the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”); the Consumer Protection Act, 1986.
        9. EVOL authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains in-house content provided by EVOL including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“EVOL Content”). The Content is the property of EVOL and is protected under copyright, trademark and other applicable law(s). You shall not modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
        10. Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
        ELIGIBILITY FOR USE OF WEBSITE AND / OR SERVICES
        1. For the purposes of availing the Services through the Website, You are required to obtain registration, in accordance with the procedure established by EVOL in this regard. As part of the registration process, EVOL may collect the following personal information from You:
        2. Name;
        3. User ID;
        4. Email address;
        5. Address (including country and ZIP/ postal code);
        6. Gender;
        7. Age;
        8. Phone number;
        9. Password chosen by the User; and
        10. Other details as You may volunteer.

          Registration is only a one time process and if the Member has previously registered, he/she shall login / sign into his / her account.

          1. The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to EVOL that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
          2. A registered id can only be utilized by the person whose details have been provided and EVOL does not permit multiple persons to share a single log in/ registration id. 
          3. Organizations, companies, and businesses may not become registered members on the Website, unless authorized to do the same by Us or use the Website through individual members.
          4. You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify EVOL if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
          5. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by EVOL for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, EVOL may allow authorized third parties to place or recognize a unique cookie on the Your browser. EVOL does not store personally identifiable information in the cookies.
          DEFINITIONS

            "Jewellery" means the jewellery that is predesigned or jewellery set with diamonds and / or gemstones that are available for sale on our website. Please note that all Jewellery is sold on "as is" basis. "Mounts" are defined as designs that hold a diamond(s) / gemstone(s) in place, which may or may not have diamonds/ gemstones. Members can select Mounts and diamonds separately to create customized Jewellery. "Loose Diamonds" are individual diamonds that can be bought without being set on Mounts.