TERMS AND CONDITIONS

TERMS & CONDITIONS OF USE
Welcome to the [www.menofplatinum.com] website (“Website”). This Website is owned by and operated by Platinum Guild India Private Limited.
In order to use this Website, You must agree, without any qualifications, to these terms and conditions including the Privacy Policy (collectively referred to as the “Terms”), which govern Your use of this Website. Please read these Terms carefully as they affect Your legal rights and obligations.

“Product(s)” means the products of PGI.

“Website” means the PGI website [www.menofplatinum.com] that you are currently viewing.

“PGI”, “Us”, “We” or “Our” means Platinum Guild India Private Limited.

“Customer(s)”, “You”, or “Your(s)” means the viewers and users of this Website.

ACCEPTANCE OF TERMS AND CONDITIONS OF USE
Visitors to this Website are bound by these terms and conditions of use and these Terms shall constitute a legal binging agreement between You and PGI. If You, hereby, continue to browse and use this Website, You hereby represent and warrant that You have read and understood these Terms and are agreeing to comply with and be bound by the Terms, without limitation or qualification, which together with Our Privacy Policy govern PGI’s relationship with You in relation to this Website. Use or access of any part of the Website constitutes unconditional acceptance of these Terms.
Every effort has been made to ensure that the information provided on this Website is accurate and up-to-date. PGI and its affiliates do not accept responsibility for inaccuracies or errors that may be contained herein.
If You do not understand the Terms, or if You disagree with any part of the Terms or do not agree to be bound by these Terms, kindly refrain from browsing/using this Website further.

ELIGIBILITY

By using this Website, You represent and warrant that You are at least 18 years of age and are otherwise capable of entering into a contract under applicable laws. PGI will at all times assume, and by using this Website You warrant that You have the legal capacity to enter into the agreement set out in these Terms and that they will be legally enforceable against You to the maximum extent permitted by applicable law (i.e. that You are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). In any case, this Website is not intended for persons under 18 years. If You are under 18 years of age, do not use or access this Website.

If You choose to access this Website from outside India, in addition to compliance with laws of India You are responsible for compliance with applicable national laws of Your country from where You are accessing the Website and PGI shall not be responsible in any manner whatsoever under the laws of Your country in relation to Your access or use of this Website.

ENROLLMENT AND USE

By agreeing to the Terms, You agree to receive all information relating to the Website, the services offered by PGI including with respect to the Product(s) and/or third party providers, all communication and instructions for availing special offers, newsletters and promotional benefits through email, SMS, phone calls, direct mail and other means of communication. You shall solely be responsible for the appropriate use of the same.

You authorize PGI and/or authorized third parties to retain the information shared or submissions made by You for the purpose of using the Website and for any marketing campaign of PGI and/or third party service providers.

At any point in time, You can choose to unsubscribe from the newsletters, e-mails or any other information and communication which You may receive from PGI.

User experience may vary depending on the type of the device and the operating system that You use and PGI accepts no responsibility for any lack of functionality due to Your equipment (including Your device, internet connection, operating system or settings and software).

You shall be responsible for paying all costs and expenses that You may incur while using the Website (including, but not limited to internet data service access charges). The Website shall use cookies to monitor the Website visitors and traffic and by agreeing to use the Website, You agree to use of cookies.

LICENSE

Subject to Your compliance with these Terms, PGI grants You the non-exclusive, non-transferable, non-sub licensable, revocable and limited right to use the Website for Your personal and non-commercial use. Your license to use the Website is limited by these Terms. Unless otherwise authorized, You may not use, copy, reproduce, modify, display, create derivative works of, sell, auction, distribute, transfer or disclose all or any part of the Website including, without limitation, any screenshots, videos, documentation or manuals relating to the Website. Any rights not expressly granted herein are reserved by PGI.

License Restrictions: Unless otherwise authorized by these Terms or PGI in writing, You shall not:

  • Sublicense to, transfer, network, transmit, distribute, or permit use of the Website by any third party;
  • Reverse engineer, decompile, or disassemble any aspect of the Website;
  • Transmit or communicate any data or commit any act that is unlawful, harmful, threatening, abusive, harassing, defamatory, demeaning, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable under law;
  • Publish, post or upload any content on the Website or with respect to the Website with an intent to cause any harm to the reputation of any other brand/topics or in violation of any applicable law. In the event You upload, post or publish any content or information on the Website that is in violation with these Terms and the applicable law, you acknowledge that You shall be solely liable in respect of any such action;
  • Publish, post or upload any incorrect or inaccurate data/information;
  • Create or otherwise collect information about any third party, without their prior written consent;
  • Transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of PGI and/or any third party;
  • Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Include programs which contain viruses, worms, ‘time bombs’ and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, harm, overload, collapse, destroy or limit the functionality of any computer software, the Website or hardware or telecommunications;
  • Intentionally or unintentionally violate any applicable local, state, national or international law, in force from time to time relating to the Website;
  • Use the Website in any way for carrying out any other activity not permissible under any applicable law including any data protection laws.
  • This license shall automatically terminate if, in the sole determination of PGI, You have violated any of the restrictions and upon termination of the license, You must destroy any downloaded materials in Your possession in any format whatsoever including in electronic or printed format. Upon such termination, PGI reserves the right to retain the information provided by You during the course of Your use of the Website.

LINKS & THIRD-PARTY SITES

This Website may include links to external websites. When You follow such links, the external website may appear as a new full-screen webpage on Your device (in which case, You will need to use the back button on Your browser to return to this Website) or in some cases, it may appear within the frame of this Website (in which case, You will be able to return to this Website by using the navigation buttons within the framework of the current webpage). Where an external website may appear within the frame of this Website, this is purely for ease of navigation back to this Website, and it does not indicate any responsibility on Our part for the external website concerned, even if it is a website owned and operated by another Platinum Guild company or entity whether in India or internationally.

These links are provided to help You find relevant website(s), service(s) and/or product(s) that may be of interest to You. It is Your responsibility to decide whether any service(s) and/or product(s) available through any of these websites is/are suitable for Your purpose(s). PGI is not responsible for or on behalf of the owners or operators of these websites. You acknowledge, and also agree that PGI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertisement(s), product(s), or other material(s) on or available from such websites or for any good(s) or service(s) they supply or for the content of their websites, and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website to which the Website includes a link infringes the intellectual property rights of any third party or violates any applicable law in any manner).

Further, such other websites are not covered by Our Privacy Policy and the information usage practices at such other websites may be different from the Privacy Policy of this Website. The privacy policies of such other websites should be consulted before submitting any Personal Information (as defined in the Privacy Policy), as PGI is not responsible for and has no control over the manner in which such websites collect, use, disclose, or otherwise process Your Personal Information.

DISCLAIMER

All information or advice provided as a part of this Website is intended to be general in nature and You should not rely on it in connection with the making of any personal decision. PGI tries to ensure that all information provided as part of this Website is correct at the time of inclusion on the Website but does not guarantee the accuracy of such information. PGI is not liable for any action You may take as a result of relying on such information or advice or for any loss or damage suffered by You as a result of You taking this action.

INTELLECTUAL PROPERTY

This Website contains material including but not limited to text, graphics, layouts, look, appearance, artwork, illustrations, photograph/s, animations, music, video, audio, audio visual works, designs, logos, software and other image/s and sound, and content (“Material”), which are protected by copyright, trademark and/or other intellectual property rights laws. All copyright, trademark and other intellectual property rights in the Material are either owned by PGI or have been licensed to it by the owner(s) of those rights, so that it can use the Material as part of this Website.

This Website also contains trademarks, including the mark ‘Platinum Guild International’ and the ‘Pt emblem’. All trademarks included and appearing on this Website belong to PGI or have been licensed to it by the owner(s) of those trademarks for use on this Website.

PGI respects the intellectual property rights of others and asks You to do the same. Using the Website or purchasing the Product(s) or availing any services in respect thereof does not give You any ownership of any intellectual property rights in our Product(s) and the Material.

You may for Your own personal reference:

  • access any part of the Website;
  • print one copy of any or all of the pages.

You may not without Our express written consent:

  • copy (whether by printing off onto paper, storing on an external device, downloading or in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way or otherwise use any Material contained on the Website except as specifically permitted under these Terms. These restrictions apply in relation to all or part of the Material on the Website;
  • remove any copyright, trademark or other intellectual property notices contained in the original Material from any such Material copied or printed off from the Website;
  • create any link to or from this Website.

Modification or use of the Material or any other content on this Website for any purpose not permitted by these Terms may be a violation of applicable law. Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any intellectual property contained in the Material and any other content provided on the Website, without the consent of PGI may subject You to infringement actions or any other actions permitted under applicable law by PGI or third party providers, as the case may be.

You understand that by using the Website, You may be exposed to Materials that You may consider to be offensive or objectionable. You must evaluate, and bear all risks associated with viewing, use or disclosure of Materials found on the Website. PGI shall have no liability for content that may be deemed offensive, indecent, or objectionable to You.

CHANGES AND MODIFICATIONS TO THE WEBSITE AND THESE TERMS

PGI reserves the right to (a) change the format and content of this Website at any time without prior notice; (b) suspend the operation of this Website for support or maintenance work, update the content, or for upgrades, improvements or for any other reason without prior notice; and (c) terminate/deny access to this Website at any time and without notice.

PGI reserves the right, in its sole discretion, without any obligation and without any prior notice requirement and for any reason, to change, improve or correct the Terms herein from time-to-time. By browsing this Website, you are accepting that you are bound by the current Terms, which will be effective immediately and Your continued use/access of the Website signifies Your acceptance of any revisions, changes, modifications and explicit renewal of Your consent to such revisions, changes or modifications of these terms. These Terms control the relationship between PGI and You. They do not create any third party beneficiary rights.

COMPLAINTS PROCEDURE

If You have a question or complaint about this Website, please contact the PGI Editor at [email protected]. All complaints in relation to Your Personal Information shall be directed to the Grievance Officer at the following contact details:

Email address: [[email protected]]

PGI shall redress the complaint expeditiously and in compliance with applicable laws.

ONLINE PRIVACY POLICY

Your privacy is important to us. To better protect Your privacy, PGI provides a Privacy Policy explaining the online information practices and the choices You can make about the way Your Personal Information is collected, handled, dealt with and used at or in connection with this Website. By accepting these Terms, You shall also be deemed to have accepted the terms of this Privacy Policy. Click here to view Our Privacy Policy.

USER GENERATED CONTENT

We respect the intellectual property rights of others and expect users of the Website to do the same.

We respect the intellectual property rights of others and expect users of the Website to do the same.
The Website has no control over content posted by a user at any time and You acknowledge and agree that PGI shall not be responsible for the accuracy or availability of such content. PGI neither endorses nor is responsible or liable for any such content that appears on the Website, at any given point in time. PGI shall have the right (but not the obligation) to delete, remove, monitor, or edit any content posted by a user and block links to the Website through technological or other means without prior notice. PGI also reserves the right to terminate access to the Website if it believes that You are posting infringing or objectionable material on Website.

DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, PRODUCT(S) AND OTHER CONTENT ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PGI DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. PGI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PGI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, PRODUCTS, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE ON THE WEBSITE OR ANY WEB SITES LINKED TO THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. PGI MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, PRODUCT(S), SERVICE OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND PGI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, PRODUCT(S), SERVICE OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE. PGI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

PGI DISCLAIMS ANY AND ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PGI IF ANY, INCLUDING IN RESPECT OF THE PRODUCT(S), THAT IS ESTABLISHED AND ORDERED BY A COURT OF COMPETENT JURISDICTION EXTEND BEYOND INR 1,000 (INDIAN RUPEES ONE THOUSAND ONLY). NOTWITHSTANDING ANYTHING TO THE CONTRARY, PGI SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, WHETHER IN CONTRACT OR IN TORT, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES, INCLUDING ON GROUNDS OF LOSS OF PROFIT, LOSS OF REPUTATION OR LOSS OF BUSINESS OPPORTUNITIES.

INDEMNITY

You hereby indemnify, defend and hold harmless PGI and all persons claiming under PGI (“Indemnified Persons”) from and against any and all losses, claims, demands, liabilities, charges, penalties, fines, damages, costs or expenses, including reasonable legal fees and expert witness fees, resulting from Your breach of any of the provisions mentioned in these Terms, breach of representations or warranties, and/or infringement by You of Materials or Your violation of the rights of any third party.

SECURITY

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for You or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) sending unsolicited email, including promotions and/or advertising of Product(s) or services; (d) hyperlinking the Website to any other website. Violations of the security of the Website may result in civil or criminal liability as per applicable law. PGI will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting any person who is involved in such violations. You will not use any device, software to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.

GOVERNING LAW AND JURISDICTION

These Terms are governed by, and to be interpreted in accordance with Indian law, and in the event of any dispute arising in relation to these Terms or any dispute arising in relation to the Website, whether in contract or tort or otherwise, You hereby consent and submit to the exclusive jurisdiction of the competent courts of Mumbai, India.

MISCELLANEOUS

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between PGI and You.The colours, make, design, or representation of the Product(s) that appear on the Website have been displayed as accurately as possible and PGI undertakes no liability for any discrepancy in the accuracy of the colours, make, design or representation of the Product(s).