Terms and Conditions

Welcome to www.JyotiNewYork.com. The www.JyotiNewYork.com website (the "Site") includes but not limited to various web pages and social media pages operated by Jyoti, LLC ("JYOTI").  www.JyotiNewYork.com is an E-commerce Site for designer couture fine Jewelry.

www.JyotiNewYork.com is offered to you conditioned on your acceptance without modification of the Terms, Conditions, Notices, Privacy Policy and Customer Service Policy contained herein and referred to as the "Terms" or “Terms and Conditions” or the “Agreement”. Your use of www.JyotiNewYork.com, JYOTI, LLC or social media pages among other things of JYOTI, LLC constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference.

Privacy Policy

Your use of www.JyotiNewYork.com, JYOTI, LLC, affiliated websites, social media sites, and businesses is subject to JYOTI's Privacy Policy. Please review JYOTI’s Privacy Policy, which informs users of our data collection and usage policies and practices.

Customer Service Policy

Your use of www.JyotiNewYork.com, JYOTI, LLC, affiliated websites, social media sites, and businesses is subject to JYOTI's Customer Service Policies. Please review our 'Customer Service' section on www.JyotiNewYork.com, which informs users of our customer service policies.

Electronic Communications

Visiting www.JyotiNewYork.com or sending emails to JYOTI or consuming content on JYOTI’s social media sites constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing.

Users’ Submissions

This section concerns transmissions to JYOTI, LLC and the website. Any unsolicited communication or material Users transmit to JYOTI, LLC via the Web Site, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by JYOTI, LLC. By sending communications to JYOTI, LLC, Users automatically grant JYOTI, LLC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything Users transmit may be used by JYOTI, LLC and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.JyotiNewYork.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to JYOTI that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, designs, concepts or information through any means not intentionally made available or provided for through the Site.

All content included as part of the service, such as text, products, design, concepts, graphics, logos, images, ideas, as well as the compilation thereof, and any software used on the Site, is the property of JYOTI or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not reproduce, modify, publish, transmit, reverse engineer,  display, report, participate in the transfer or sale, create derivative works, or in any way exploit any of the materials, content, products, design, concepts in whole or in part, found on the Site for any public, private or commercial purposes. JYOTI content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content in the appropriate and legal fashion, and will make no other use of the content without the express written permission of JYOTI and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of JYOTI or our licensors except as expressly authorized by these Terms.  

In the event of breach of any of these Terms, Users’ permission to use JYOTI, LLC material will automatically terminate and any copies made of JYOTI, LLC material must be immediately destroyed. Any unauthorized use of JYOTI, LLC material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Use of communication services

The Site may contain bulletin board services, chat areas, blogs, news groups, forums, communities, personal web pages, calendars, social media services, emails, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

JYOTI has no obligation to monitor the Communication Services. However, JYOTI reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. JYOTI reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

JYOTI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in JYOTI's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. JYOTI does not control or endorse the content, messages or information found in any Communication Service and, therefore, JYOTI specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized JYOTI spokespersons, and their views do not necessarily reflect those of JYOTI.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to www.JyotiNewYork.com or posted on any JYOTI web page

JYOTI does not claim ownership of the materials you provide to www.JyotiNewYork.com (including feedback and suggestions) or post, upload, input or submit to any JYOTI Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting JYOTI, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. JYOTI is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in JYOTI's sole and absolute discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to the content of your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You may be able to connect your JYOTI account to third party accounts. By connecting your JYOTI account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by JYOTI from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the JYOTI Content accessed through www.JyotiNewYork.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless JYOTI, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the JYOTI Site, products or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. JYOTI reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with JYOTI in asserting any available defenses.

Liability disclaimer

The information, software, products, photographs, prices, and services included in or available through the site may include inaccuracies or typographical errors among other things. Changes are periodically added to the information herein at the company’s sole and absolute discretion. JYOTI, LLC and/or its suppliers may make improvements and/or changes to the site at any time without prior notice and in the company’s sole and absolute discretion.

JYOTI, LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, prices, content, details and related graphics among other things contained on the site for any purpose whatsoever. To the maximum extent permitted by applicable law, all such information, software, products, services, prices, content, details and related graphics are provided "as is" without warranty or condition of any kind. JYOTI, LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, prices, details, and related graphics among other things, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall JYOTI, LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, interruption of business, data or profits, or incidental, special or consequential damages of any kind regardless of the form of action, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if JYOTI, LLC or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. if you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Termination/access restriction

JYOTI reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and JYOTI as a result of this agreement or use of the Site. JYOTI's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of JYOTI's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by JYOTI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and JYOTI with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and JYOTI with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Applicable Laws

Use of this website shall in all respects be governed by the laws of the state of New Jersey, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the New Jersey courts located in Hudson County, New Jersey, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts. Visitors to this website are responsible for compliance with applicable laws of the state of New Jersey as the governing law regarding website use and access.

Conflict of terms

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Counterfeit Warning

JYOTI creations are available exclusively from www.JYOTINewYork.com and authorized retailers for JYOTI. Buyers should be wary of counterfeit JYOTI merchandise sold through unauthorized channels. JYOTI designs and and also merchandises from manufacturers, designers, and wholesalers.  We take intellectual property very seriously and strive to offer original designs, and work hard to make sure that none of the merchandise, content and concepts sold under JYOTI brand, are someone else's intellectual propery.   Despite all our efforts, if we discover, that unknowingly we are offering any merchandised jewelry created by a manufactuer that was inspired by another organization's designs, we would absoutely remove those creations from our offering.

Charity Affiliations

We strive to give back to the community in a way that aligns with our values. From time to time we partner with various charities. We donate a percentage of your total sales to a charity of your choice from the ones that we are partnering with at that given period. There will be no additional charge, cost or fees to you beyond what you are paying for the product or service. This is a charitable donation that JYOTI makes as part of our commitment to our community and the causes we support. JYOTI holds the right to alter the percentage of proceeds, the charities we partner with, and whether or not we offer a charity donation at that time at our sole and absolute discretion.

You will be able to update the charity to whom you would like JYOTI to send the proceeds from your sale when you update the billing or shipping address. In case you do not make any changes to the address, your previous charity selection will still be in place as long as we are continuing to partner with that charity. If for any reason, you would like to make updates to your charity preferences, you can do so by logging into “My Account” and updating the billing or shipping address.

Changes to Terms and Conditions

JYOTI reserves the right, in its sole discretion, to change the Terms and Conditions, Privacy Policy and Customer Service Policy under which www.JyotiNewYork.com is offered. The most current version of the Terms will supersede all previous versions.  JYOTI encourages you to always review the Terms to stay informed of our updates.

Contact Us

JYOTI welcomes your questions or comments regarding the Terms and Conditions.  Please contact our Customer Contact Center by clicking here.

Updated as of May 30^th, 2013