The Gem Palace 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 The Gem Palace 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.
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 The Gem Palace, 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 The Gem Palace, is expressly prohibited.
You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Gem Palace 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. The Gem Palace, 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 The Gem Palace’s sole discretion. The Gem Palace neither warrants nor represents that your use of materials on the Site will not infringe rights of third parties not affiliated with The Gem Palace.
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. The Gem Palace 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 The Gem Palace 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 The Gem Palace 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 The Gem Palace is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to The Gem Palace. You grant The Gem Palace 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 The Gem Palace 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 The Gem Palace immediately. The Gem Palace 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, The Gem Palace®. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without The Gem Palace’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 The Gem Palace’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. The Gem Palace reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in The Gem Palace’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, The Gem Palace 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, The Gem Palace will issue a credit to your credit card account.
The Gem Palace 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, The Gem Palace 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 The Gem Palace acceptance of your order, nor does it constitute confirmation of The Gem Palace’s offer to sell. The Gem Palace 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.
The Gem Palace will ship your order as it becomes available. The Gem Palace cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by The Gem Palace 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. The Gem Palace 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. The Gem Palace 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. The Gem Palace 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.
The Gem Palace 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.
YOU ARE HEREBY INFORMED THAT THE GEM PALACE HAS ADOPTED AND REASONABLY IMPLEMENTED A POLICY THAT PROVIDES FOR THE TERMINATION IN APPROPRIATE CIRCUMSTANCES OF SUBSCRIBERS AND ACCOUNT HOLDERS OF THE GEM PALACE’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
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 THE GEM PALACE 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.
THE GEM PALACE 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 THE GEM PALACE 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. THE GEM PALACE 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. THE GEM PALACE 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, THE GEM PALACE 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 THE GEM PALACE, ON THE GEM PALACE’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 THE GEM PALACE, 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 THE GEM PALACE 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 THE GEM PALACE 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.
JURISDICTION AND APPLICABLE LAW
ENTIRE AGREEMENT AND ADMISSIBILITY
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
You also may write to us at:
The Gem Palace.
Jaipur, Rajasthan 302001
In addition, when you visit our Site, open our emails, use our apps, widgets or plug-ins, we may collect certain information by automated means, such as cookies, web beacons and web server logs. The information we collect in this manner includes IP address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our site, and dates and times of website visits. A “cookie” is a file that websites send to a visitor’ s computer or other Internet-connected device to uniquely identify the visitor’ s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Through these automated collection methods, we obtain “clickstream data,” which is a log of the links and other content on which a visitor clicks while browsing a website. As the visitor clicks through the website, a record of the action may be collected and stored. We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you to let us know, for example, whether you have opened an email we sent to you. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our websites or apps.
The providers of third-party apps, tools, widgets and plug-ins on our websites and apps, such as Facebook “Like” buttons, also may use automated means to collect information regarding your interactions with these features. This information is collected directly by the providers of the features and is subject to the privacy policies or notices of these providers. To the extent permitted by applicable law, The Gem Palace is not responsible for these providers’ information practices.
Information We Collect
We will ask you for certain kinds of personal information to provide the services you request. This information includes:
(iii) Purchases: When you place an order, you will be asked to provide your credit card information. The Gem Palace does not store your credit card information unless you choose to include it in your “My Account” information (see above).
(iv) Calls to Customer Service/Participation in Promotions/Surveys: If you call The Gem Palace’s Customer Service center or participate in one of The Gem Palace’s promotions or user surveys, The Gem Palace may ask for additional information, such as your age, interests or product preferences.
On our Site, you may have the option to join our email list and receive information about our products, services and offers. If you provide us with your email address when you register online you may automatically be added to our email list and receive marketing or promotional information. You can unsubscribe from our mailing lists by following the “Unsubscribe” link in our emails. To the extent provided by the law of your jurisdiction, you may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by contacting us as indicated below. Where provided by law, you may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.
Information Sharing Policy
The Gem Palace does not share, sell, rent or disclose our clients’ names, addresses, email addresses or other personal information to any unaffiliated third party, unless (a) required in order to process your order, or (b) required by law, government request, process or court order based on our good faith belief that it is necessary to conform and comply with such request.
Links to Other Websites
Online Tracking and How We Respond to Do Not Track Signals
Notice to California Residents
Subject to certain limitations under California Civil Code § 1798.83, California residents may ask us to provide them with (i) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. To make this request, California residents may contact us as specified in the “Contact Us” section below.
Except for information necessary to place an order, The Gem Palace does not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to The Gem Palace will be considered non-confidential, and by submitting the same, you are giving The Gem Palace the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, The Gem Palace will not use your name unless The Gem Palace is required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless The Gem Palace first obtains your permission.
The Gem Palace
Jaipur, Rajasthan 302001
Please allow 30 days for a response.
Thank you for visiting our Site.