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Terms and Conditions

Last updated: October 12, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service. 

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Dinidu (Private) Limited , 94/3, Dharmapala Mawatha, Colombo 07, Sri Lanka.. 

Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

Country refers to: Sri Lanka.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. 

Personal Data is any information that relates to an identified or identifiable individual.

Service refers to the Website. 

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service. 

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit). 

Website refers to Dinidu Jewellery, accessible from https://www.dinidujewellery.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These Terms and Conditions constitutes the entire agreement and understanding between You and Us and govern the use of this Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms and Conditions).

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are: (i) legally capable of entering into binding contracts; (ii) at least the age of majority in your state or province of residence and (iii) not resident in a country where making a payment to our site, in line with these terms and conditions would breach any laws in that country.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Please read Our Privacy Policy carefully before using Our Service.

Use of the Service

Permission is granted to temporarily download one copy of the materials (information or software) on the Service for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not (a) modify or copy the materials; (b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial); (c) attempt to decompile or reverse engineer any software contained on the Service; (d) remove any copyright or other proprietary notations from the materials; or (e) transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Punsiri Gems Private Limited at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Information on Our Site

We are committed to providing current and accurate information on Our Service, e-mail, and telephone communications. We do not, however, warrant that this information is always correct, accurate or complete. In rare circumstances, data, including prices, may be inaccurately displayed on our Service due to system and typographical errors which may occur. Inadvertent errors or inaccurate advertised prices are not binding on the Company, and may be adjusted by the Company at any time. The Company reserves the right to correct any and all errors when they do occur. If an order is placed with a lower Product’s listed price than the actual price, the Company will, at its discretion, cancel the order and notify the customer of such cancellation. We apologise for any inconvenience that this may cause.

Information that we communicate is not a binding contract, and should not be treated as such. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information.

The stock availability on our Website is listed “as is” and is subject to change. If a product in an order is out of stock, We will advise the customer immediately with possible options. Products may appear on the Website larger or smaller than their actual size. Given the variation in Device monitor settings, color and size may vary slightly when viewing product photography. In compliance with industry standards, carat total weight may vary 0.05 carats from stated weight. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed. For diamond jewellery set with multiple diamonds, We provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.

We retains the full unrestricted rights to all jewellery designs, whether custom or standard, and may choose to market or sell jewellery based on such designs.

Our Product details and prices are also subject to change without notice. All of our prices are final and non-negotiable.

Content

The Website and all content and other materials, including, without limitation, text, icons, graphics, logos, images, videos, designs, pictures, selection, coordination, “look and feel”, information, data, sound files, and other files and software is the proprietary property of the Company.

Passage of Title

Title for goods purchased passes from the Company to You at the time that goods are delivered to You.

Your Account

When Tou access or use the Company Website or your personalised account, You are solely responsible for maintaining the confidentiality of your account and for restricting access to your Device. You are further responsible for all activities that occur under your personal account and your password. If You are under the majority age, you may use the Service only under the guidance and direction of a parent or guardian. Please note that We reserve the right, in Our sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.

Limitation of Liability

In no event shall the Company, its directors, employees or its suppliers be liable for any  special, direct, indirect, or consequential damages or any other damages of any kind, including, without limitation, damages for loss of data or profit or use, or due to business interruption whether in an action in contract, tort (including but not limited to negligence) or otherwise arising out of or in any way related to the use or inability to use the materials on the Service, including without limitation any damages caused by or resulting from reliance by user on any information obtained from the Company, or that result from omissions, mistakes, interruptions, email or deletion of files, 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 Company’s records, programs or services, even if the Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its directors or employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Prohibited Uses

In addition to other prohibitions as set forth here, You are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

Feedback and Submissions

You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this Website, provided by You to the Company in any form are not confidential and upon submission, shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights to said feedback and submissions, and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You. You grant the Company the right to use the name that You submit in connection with such content. You represent and warrant that (a) You own and control all of the rights to the content that You submit, or that You otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content You supply will not and does not violate any rights of or cause injury to any person or entity.

Social Media User Content

The Company may request permission from You to use your social media content consisting of photos, text, graphics, audio, video, comments and other materials from social media sites, in connection with Our business, product features, marketing, promotional, advertising and other consumer-related activities.

When You respond to a request for permission to use your social media content, You are granting the Company a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your social media content in any manner to be determined in Our sole discretion, including but not limited to on webpages and social media pages operated by Us, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. We may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your social media content in any manner in Our sole discretion, with no obligation to You whatsoever.

You are also agreeing, representing and warranting that (i) You are solely responsible for your social media content, (ii) You own all rights in and to your social media content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such social medial content, (iii) You are not a minor, (iv) the Company’s use of your social media content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the social media content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

Please note that the social media content that You submit is deemed non-confidential and We have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission. By using this Website, You are consenting to the Company’s collection of any personal information You provide for the Company to use and disclosure in connection with the use of your social media content as described herein. We reserve the right to remove any social media content from the Website. If You believe any content, including social media content, residing on the Website infringes any person’s or entity’s copyright rights, please contact Us.

Governing Law

The laws of the Country shall govern these Terms and Your use of the Service.

Disputes Resolution

Any dispute or claim arising out of the use of or in connection with the Service shall be resolved informally by contacting the Company.

Severability and Waiver Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Modifications

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time without notice. Any changes or modifications made will be effective immediately upon posting of the revisions. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

By email: info@dinidujewellery.com

By visiting this page on our website: https://www.dinidujewellery.com

By phone number: +94771155641

By mail: 94/3, Dharmapala Mawatha, Colombo 07, Sri Lanka.