Terms And Conditions

 

Terms of Use

These Terms of Use apply to www.sanjaykasliwal.com (the “Site”). The Site is operated by GP Gems, Inc., d/b/a Sanjay Kasliwal (“Sanjay Kasliwal” or “We”). Throughout the Site, the terms “we,” “us” and “our” refer to Sanjay Kasliwal. Sanjay Kasliwal offers the Site, including all information, tools and services available from the Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. If at any time you do not agree with these Terms of Use, please do not use the Site or provide personal information through this Site. If there is anything you do not understand please email any inquiry at customerservice@sanjaykasliwal.com.

Sanjay Kasliwal is not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk. The style, drawings, models, and colors of the Sanjay Kasliwal products featured in the Site may be modified without prior notice. Prices are provided for information purposes only; they are not intended to have any contractual value and are subject to modification without notice. Please note that some products featured in the Site may appear larger or smaller than their actual size due to screen defaults and photography techniques. Other products may be represented at a larger than actual size in order to clearly show details, or smaller than the actual size in order to show the entire product. Stone and metal weight are for information purposes only and such information should not be relied upon for contractual purposes. All total carat weight provided is estimated and can be materially different from the stated weight.

The Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only.

We use cookies only to keep track of what you have in your shopping cart and to remember you when you return to the Site as well as to identify the pages you click on during your visit to our site and the name of the Site you visited immediately before clicking to the Site. We use this information to improve our site design, product assortments, customer service, and special promotions. You can, of course, disable cookies on your computer by indicating this in the preferences or options menus in your browser. However, it is possible that some parts of our Site will not operate correctly if you disable cookies.

We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site. You can tell if these Terms of Use have changed by checking the last modified date that appears at the beginning of these Terms of Use.

Use of the Site

All content on the Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the products being sold, their likeness, appearance, design, selection and arrangement thereof) is the exclusive property of and owned by Sanjay Kasliwal, its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Sanjay Kasliwal, is expressly prohibited.

You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Sanjay Kasliwal reserves the right to refuse or cancel any person’s registration for the Site, remove any person from the Site or prohibit any person from using the Site for any reason whatsoever. Sanjay Kasliwal, or its content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Sanjay Kasliwal’s sole discretion. Sanjay Kasliwal neither warrants nor represents that your use of materials on the Site will not infringe rights of third parties not affiliated with Sanjay Kasliwal.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Sanjay Kasliwal reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Sanjay Kasliwal may be entitled at law or in equity.

Materials You Submit

You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

If you do submit material, and unless we indicate otherwise, you grant Sanjay Kasliwal an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Sanjay Kasliwal is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Sanjay Kasliwal. You grant Sanjay Kasliwal the right to use the name you submit in connection with such material, if the company so chooses. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Sanjay Kasliwal for all claims resulting from content you supply.

Conduct on the Site

Some features that may be available on the Site require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself.

Some features on the Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Sanjay Kasliwal immediately. Sanjay Kasliwal may assume that any communications the company receives under your password have been made by you unless the company receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame the Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, Sanjay Kasliwal®. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Sanjay Kasliwal’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Sanjay Kasliwal’s express written consent.

Purchasing Terms and Conditions

Nothing on the Site constitutes a binding offer to sell products described on the Site or to make such products available in your area. Sanjay Kasliwal reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in Sanjay Kasliwal’s sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Site are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, Sanjay Kasliwal has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Sanjay Kasliwal will issue a credit to your credit card account.

Sanjay Kasliwal accepts the following credit cards: Visa, MasterCard, and American Express. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay or in some instances prevent the processing of your order. Your credit card will be billed upon shipment of your order. For a multiple product order, Sanjay Kasliwal will make every attempt to ship all products contained in the order at the same time.

Your receipt of an electronic or other form of order confirmation does not signify Sanjay Kasliwal acceptance of your order, nor does it constitute confirmation of Sanjay Kasliwal’s offer to sell. Sanjay Kasliwal reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

Sanjay Kasliwal will ship your order as it becomes available. Sanjay Kasliwal cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Sanjay Kasliwal or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. There may be times when a product you have ordered is out-of-stock or cannot be immediately shipped, which will delay fulfilling your order. Delivery of these particular products varies and depends on individual production timelines. Sanjay Kasliwal will keep you informed of any products that you have ordered that are out-of-stock or unavailable for immediate shipment, and provide an estimate of these delivery timeframes. These are estimated timeframes and may vary from the actual time necessary to complete your order. Sanjay Kasliwal will confirm commitment with you before proceeding with an order that requires this additional completion time. When your item is ready, you will be notified and required to verify payment information. Sanjay Kasliwal requires payment for these orders within seven (7) days of notification, with cancellation of the order after that point. Orders that are finalized in this fashion will be delivered based on the previously confirmed method of shipment.

Sanjay Kasliwal shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the State of New York. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.

INFRINGEMENT NOTICE

YOU ARE HEREBY INFORMED THAT SANJAY KASLIWAL HAS ADOPTED AND REASONABLY IMPLEMENTED A POLICY THAT PROVIDES FOR THE TERMINATION IN APPROPRIATE CIRCUMSTANCES OF SUBSCRIBERS AND ACCOUNT HOLDERS OF SANJAY KASLIWAL’S SYSTEM OR NETWORK WHO ARE REPEAT COPYRIGHT INFRINGERS. IF YOU BELIEVE YOUR COPYRIGHT OR THE COPYRIGHT OF A PERSON ON WHOSE BEHALF YOU ARE AUTHORIZED TO ACT HAS BEEN INFRINGED, YOU MAY NOTIFY OUR LEGAL COUNSEL:

ALTIERI ESPOSITO & MINOLI PLLC

ATTN: GIANLUIGI ESPOSITO, ESQ.
420 5TH AVENUE, FLOOR 26

NEW YORK, NY 10018

info@aem-law.com

TO BE EFFECTIVE, YOUR NOTIFICATION MUST (I) BE IN WRITING, (II) BE PROVIDED TO OUR LEGAL COUNSEL, AND (III) INCLUDE ALL OF THE FOLLOWING:

(a) A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;

(b) A description f the copyrighted work or other right you claim has been infringed or violated;

(c) Information reasonably sufficient to locate the material in question on the SITE;

(d) Your name, address, telephone number, email address and all other information reasonably sufficient to permit SANJAY KASLIWAL to contact you;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

SANJAY KASLIWAL IS UNDER NO OBLIGATION TO POST, FORWARD, TRANSMIT, DISTRIBUTE OR OTHERWISE PROVIDE ANY MATERIAL AVAILABLE ON THE SITE, INCLUDING MATERIAL YOU PROVIDE TO US, AND SO WE HAVE AN ABSOLUTE RIGHT TO REMOVE ANY MATERIAL FROM THE SITE IN OUR SOLE DISCRETION AT ANY TIME.

Disclaimer of Warranties; Limitation of Liability

Although SANJAY KASLIWAL strives to provide information through the site, you acknowledge and agree that your use of the site is subject to the following disclaimers and limitations of liability:

(a) THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SANJAY KASLIWAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SANJAY KASLIWAL MAKES NO WARRANTY THAT (i) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OR INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

(b) UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, SANJAY KASLIWAL MAKES NO WARRANTY THAT THE SITE OR PRODUCTS OR SERVICES OFFERED ON THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE SITE WHETHER BY SANJAY KASLIWAL, ON SANJAY KASLIWAL’S BEHALF, OR BY OTHERS, ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

(c) UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL SANJAY KASLIWAL, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSEES OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE SITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, 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 THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT SANJAY KASLIWAL IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM SANJAY KASLIWAL OR ITS SUBSIDIARIES AND AFFILIATES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY EXCLUSIVE REMEDY IN THIS AGREEMENT FAILS ITS ESSENTIAL PURPOSE.

(d) Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless Sanjat Kasliwal, its subsidiaries, affiliates, officers, directors, employees, agents and licensees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), made by any third party arising out of or relating to your use of the SITE, your connection to the SITE, your violation of these Terms of Use, or your violation of any rights of another.

JURISDICTION AND APPLICABLE LAW

THE LAWS OF THE STATE OF NEW YORK GOVERN THESE TERMS OF USE AND YOUR USE OF THE SITE, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF THE COURTS LOCATED IN THE BOROUGH OF MANHATTAN, NEW YORK FOR ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE. WE RECOGNIZE THAT IT IS POSSIBLE FOR YOU TO OBTAIN ACCESS TO THE SITE FROM ANY JURISDICTION IN THE WORLD, BUT WE HAVE NO PRACTICAL ABILITY TO PREVENT SUCH ACCESS. THE SITE HAS BEEN DESIGNED TO COMPLY WITH THE LAWS OF THE STATE OF NEW YORK AND OF THE UNITED STATES. IF ANY MATERIAL ON THE SITE, OR YOUR USE OF THE SITE, IS CONTRARY TO THE LAWS OF THE PLACE WHERE YOU ARE WHEN YOU ACCESS IT, THE SITE IS NOT INTENDED FOR YOU, AND WE ASK YOU NOT TO USE THE SITE. YOU ARE RESPONSIBLE FOR INFORMING YOURSELF OF THE LAWS OF YOUR JURISDICTION AND COMPLYING WITH THEM.

CHANGES TO THESE TERMS OF USE

SANJAY KASLIWAL RESERVES THE RIGHT IN ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE ANY PORTION OF THESE TERMS OF USE, IN WHOLE OR IN PART, AT ANY TIME, BY POSTING REVISED TERMS ON THE SITE. IT IS YOUR RESPONSIBILITY TO CHECK PERIODICALLY FOR ANY CHANGES WE MAKE TO THE TERMS OF USE. REVISED TERMS WILL TAKE EFFECT FIVE DAYS AFTER THEIR PUBLICATION ON THE SITE AND WILL APPLY ONLY ON A GOING FORWARD BASIS. YOUR CONTINUED USE OF THE SITE AFTER THAT POINT SIGNIFIES THAT YOU ACCEPT THE CHANGES.

ENTIRE AGREEMENT AND ADMISSIBILITY

THIS AGREEMENT AND ANY POLICIES OR OPERATING RULES POSTED ON THE SITE CONSTITUTE THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND SANJAY KASLIWAL WITH RESPECT TO THE SUBJECT MATTER THEREOF AND SUPERSEDE ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES WITH RESPECT TO SUCH SUBJECT MATTER. A PRINTED VERSION OF THESE TERMS OF USE SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS BASED ON OR RELATING TO USE OF THE SITE TO THE SAME EXTENT AND SUBJECT TO THE SAME CONDITIONS AS OTHER BUSINESS DOCUMENTS AND RECORDS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM.

SEVERABILITY

IF ANY PROVISION OF THIS AGREEMENT IS UNLAWFUL, VOID OR UNENFORCEABLE, THE REMAINING PROVISIONS OF THE AGREEMENT WILL REMAIN IN PLACE.

HOW TO CONTACT US

IF YOU HAVE ANY QUESTIONS OR COMMENTS ABOUT THESE TERMS OF USE OR THE SITE, PLEASE CONTACT US BY E-MAIL AT CUSTOMERCARE@SANJAYKASLIWAL.COM.

You also may write to us at:

 

GP Gems, Inc.
971 Madison Avenue

New York, NY 10021

 

Thank you for visiting our Site.