These Terms of Use govern your use of Gold Swan websites and mobile applications (together with the "Platforms"). In these Terms of Use, we use the term Gold Swan (and "we", "us" and "our") to refer to the head office of Gold Swan at the registered address above and its affiliates.
Please read these Terms of Use carefully before using the Platform. By using the Platform, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorized to continue use of the Platform.
We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platform. Any new version of these Terms of Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use the Platform, you agree to be bound by the terms of these updates and amendments.
Hosting services are provided by Amazon AWS and our servers are in Mumbai
Mobile applications may be hosted by us or by other companies and you should refer to the relevant conditions of such other companies.
Our information collection practices on the Platforms, such as the types of information we collect regarding visitors to the Platforms and how we may use that information, are governed by the terms of our Privacy Policy.
Customers purchasing products online or by phone through the Gold Swan Client Relations Centre must read the Conditions of Sale, which will govern the terms and conditions of any such purchases. The provisions entitled "Limitation of liability" below do not cover the sale of products online or over the phone and please refer to the Conditions of Sale for the relevant exclusions and limitations of liability.
Gold Swan reserves the right to change any relevant retail prices displayed on the Platforms at any time without prior notice.
Gold Swan has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of Gold Swan products displayed on the platforms are representative of the color, design style, etc. of the original products, slight variations, distortions, and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, Gold Swan cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products. We strongly advise you to visit one of our boutiques or authorized retailers before making a purchase online or by phone.
You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the application on to your mobile device, for your own non-commercial, educational, private, or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("Gold Swan") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
You are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report, or otherwise prepare derivative or second hand works based on or use any Gold Swan in any way for any public or commercial purposes. Furthermore, Gold Swan may not be displayed or communicated on any other platform, in a networked computer environment, or on any other digital platform for any purpose whatsoever. In the event of a breach of any of these Terms of Use, your permission to use Gold Swan will automatically terminate and any copies made of Gold Swan must be immediately destroyed. Any unauthorized use of Gold Swan may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
This section concerns communications sent to Gold Swan. It does not concern the communication of personal information to Gold Swan concerning customer inquiries, the use of services, or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.
Any unsolicited communication or material that you transmit to Gold Swan via the Platforms or through social media, 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 Gold Swan. By sending communications to Gold Swan, you automatically grant Gold Swan 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 or hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by Gold Swan 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.
Furthermore, Gold Swan enjoys a worldwide reputation for both the design and manufacture of high-quality luxury items including jewelry, high jewelry, and watches. To this end, it possesses its sources of creativity, in particular highly skilled teams of designers who conceive and perfect Gold Swan’s creations. As a result, Gold Swan cannot agree to or accept to be the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that Gold Swan may already be working on similar ideas and/or creations. Consequently, you are advised that Gold Swan is not interested in receiving ideas or other proposals relating to creations you may wish to submit.
This section applies to the Platforms and not to the products that may be sold online or by phone by one of our local or regional markets.
Gold Swan tries to ensure that the information provided is accurate and complete. However, Gold Swan does not warrant or represent that Gold Swan’s Material is accurate, error-free, or reliable or that the use of Gold Swan will not infringe the rights of third parties.
Gold Swan does not warrant that the functional and/or technical aspects of the Platforms or the Gold Swan will be error-free or that the Platforms, Gold Swan, or the servers that make them available are free of viruses or other harmful components. If the use of the Platforms or Gold Swan results in the need for servicing or replacing property, material, equipment, data, or other element, Gold Swan is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Gold Swan and its suppliers make no warranties about the Gold Swan, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.
To the fullest extent permitted by applicable law, Gold Swan shall not be liable for any indirect, incidental, special, or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Gold Swan has been advised of the possibility of such damages.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitations of warranties or liabilities, and consequently, some of the above exclusions and limitations may not apply.
In general, all trademarks, logos, and service marks (collectively the "Trademarks" ) that appear on the Platforms are registered, unregistered, or otherwise protected Gold Swan trademarks or are licensed for use by Gold Swan by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any license or right to use any trademark without Gold Swan’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.
All content (including Gold Swans) on the Platforms are either Copyright © Gold Swan or are licensed for use by Gold Swan. All rights are reserved. Please refer to the section above on the Use of Materials on the Platforms.
The Platforms may contain links to other platforms operated by third parties not affiliated to Gold Swan. The inclusion of any link to such third-party sites does not imply endorsement by Gold Swan of those sites. Gold Swan has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third-party sites then this is at your own risk. Gold Swan does not authorize linking to any of its Platforms from a third-party platform without its express prior written authorization.
You agree that Gold Swan may terminate or suspend your access to and use of the Platforms if Gold Swan reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of Gold Swan, its affiliated companies or any third party, with or without notice to you. You agree that Gold Swan may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that Gold Swan will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Limitation of liability" and "General provisions" will survive termination of these Terms of Use.
Unless otherwise specified, the information and materials presented on the Platforms are presented solely to promote Gold Swan’s products and services and in certain cases to present products for sale via a variety of means. Gold Swan makes no representation that Gold Swan is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to Gold Swan may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.
If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid, or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity, or enforceability of the remainder of the provisions of these Terms of Use shall not be affected unless otherwise required by operation of applicable law.
These Terms of Use constitute the entire agreement between you and us with the use of the Platform and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, about such subject matter.
The waiver by Gold Swan of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.
These Terms of Use shall be governed by and construed by the laws of India, without reference to conflict of laws provisions. Any dispute, controversy, or claim arising out of or about the Terms of Use, including the validity, invalidity, breach, or termination thereof, shall be adjudicated or arbitrated by said Terms of Use. Where the laws of India are different from the mandatory consumer laws in your own country, we will afford you similar protection.
If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.