The Website is owned, registered and operated by Everbrite Jewellery & Diamonds Private Limited. (“Everbrite”), a company incorporated in India and having its registered office at Kitab Mahal, 1st Floor, 192, Dr. Dadabhai Naoroji Road, Fort, Mumbai – 400001.
1.1. This document is an electronic record generated by a computer system and does not require any physical or digital signatures
3.1. You may need to register for an account to access certain portions or features of the Site. If you register for an account you must provide the accurate information and promptly update this information if it changes. If you choose, or you are provided with, a user identification code, password or any other piece of information as a part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are responsible for all activities that occur through the use of your user identification code, even if another person was using your account at the relevant time.
3.3. Additionally, registering on this website you consent to receive electronic communications from Everbrite either in the form of an Email sent to you on your registered email address. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.
3.4. Notwithstanding what is stated herein we reserve the right to (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Site and the Services (or any portion thereof) permanently if we have reasonable grounds to suspect that you have provided inaccurate and/or incomplete. Notwithstanding anything hereinabove, Everbrite reserves the right to refuse Service, refuse registration or change its eligibility criteria at any time without any reason or prior notice.
3.5. We reserve the right to refuse, to process any request for Service, in case you have a prior history of questionable charges including without limitation, breach of any agreement with us previously, or breach/violation of Applicable Law.
4. General Conditions/ Access and use of Service
4.2. You shall not use the Site (a) in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components (b) resell for commercial purposes our products (c) to send, knowingly receive, upload, download, use or re-use material which does not comply with the Terms (c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via our Site; (d) carry ay data mining or similar data gathering or extraction methods on the Site or reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our website (e) use, frame or utilize framing techniques to enclose our trademark, logo or other proprietary information (including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page) without our express written consent;
4.5. The failure on the part of Everbrite to exercise or enforce any right or provision of these terms shall not be a waiver of that right.
5. Posting on our Site
5.1. You undertake that anything uploaded by you on the Site through your account shall not contain any information enabling or requesting solicitation outside our online platform.
6. Intellectual Property Rights
6.3. If you believe or have the reason to believe that any Content made available on the Site infringes your Intellectual Property, you may notify us of such infringement. We shall promptly process, investigate all notices of alleged infringement and take appropriate action under Applicable Law.
6.4. To be effective, a notice of alleged infringement must be duly signed, contain your contact information, description of your copyrighted work, description of the material that you claim to be infringing your rights and a declaration that you are acting in good faith.
7. Terms of Sale
7.1 All product sales from the Site are governed by any terms of sale that may be posted on the Site and App. You should refer to our terms of sale to learn more about applicable product warranties, our other policies, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in Everbrite’s sole discretion so you should review the terms of sale each time you make a purchase.
7.2 We may not be able to process your order due to the following reasons and we shall not be liable under such circumstances for any loss and/or damage suffered by you and/or any third party as a result :
- i. Missing or insufficient details as to the delivery address, quantity and size of the products
- ii. Incorrect credit card number, expiration of credit card or insufficient credit amount to support the transaction;
- iii. The product is out of stock, or otherwise become unavailable to fulfill your order.
7.3 Any unauthorized resale of our products is prohibited. We reserve all rights to commence legal proceedings against such acts and to seek compensation for the loss and/or damage thereby suffered by us.
8. Third Party Material
All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person providing those materials. We are not responsible for the content or accuracy of any materials provided by any third parties. We do not warrant the accuracy, completeness or usefulness of any information on the Website.
10. Links to Third Party Websites
Our Site may contain links to Sites and other resources operated by third parties other than Everbrite. Such links are provided solely as a convenience to you. Everbrite does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
11. Viruses, Hacking and Other Offences
You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which our Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial or service attack or distributed denial or service attack. We will report any such breach to the relevant law enforcements authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Sites will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
12. Fraud and Improper Conduct
12.1. You may only access the Site and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to your use of the Services. You agree that you will not in any way:
- a. interfere with the ability of others to access or use the Services;
- b. disrupt any flow of communication or otherwise act in a manner that adversely affects others’ ability to use the Site or the Services;
- c. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
- d. Upload or post or use the Service to transfer, any content or other material that contains or constitutes Viruses, Trojan horse or other code with malicious, disruptive and/or destructive features.
- e. You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the service, including, without limitation, with information for your account, and all information. It shall be your responsibility to provide accurate and correct information and shall update any changes to such information, if required.
13. Limitation of Liability and Disclaimer
13.1. The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance or because of reasons beyond our control. The Services, including the Site, Content and each portion thereof are provided “AS IS” without warranties of any kind either express or implied. You acknowledge that we do not warrant, expressly or impliedly, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of any right under Applicable Law. You further acknowledge that we do not warrant uninterrupted, timely, secure, error-free or virus free Service.
13.2. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Site or its Services.
13.3. We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred to you due to use of the Site’s Services or due to the non- availability of the Services mentioned herein.
13.4. If You are dissatisfied or harmed by this Site or anything related with the Site, You may terminate your account and unsubscribing on the Site. You agree and expressly waive your right to claim/take recourse to any other remedy that may be available to you save and except such termination.
13.5. Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. Everbrite is not liable for these variants and deviations.
13.6. In addition, if an item becomes unavailable for whatever reason after an order is accepted, we may terminate the order by giving you written notice. In such event, we will contact you to arrange for a refund or provision of credit against future purchase.
13.7. We shall be entitled to disclose any/all information provided by you to the Authority, as required by Applicable Law or by any directive or request from any government body.
Everbrite reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. Everbrite reserves the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability. Any accrued rights to payment and all representations and warranties shall such survive termination.
18. Governing Law and Dispute Resolution
19. Resolution of Dispute
19.1 We will strive to resolve any dispute/delay in relation to the Services availed by you. You may write to Us at contact us formfor any query or concern. We will address this in seven working days and will try its best to provide a resolution within seven working days.
To ensure timely resolution you must mention the reference id and, a brief summary on why the resolution provided so far has not been satisfactory. Certain issues, depending on their nature, would require testing and observation over multiple days. This can increase the resolution time. However, we assure that Our team will be working on these issues diligently throughout and will keep you updated on the progress.
20. Grievance Officer
The name and contact details of the Grievance Officer are provided below: