Thank you for visiting Precious Earth – we’re thrilled to have you browsing our website.

As a visitor, user, or registered customer of this website, you accept the terms of our service as set forth below, and we urge you to examine these carefully and periodically. Precious Earth, at its discretion, may update, revise, or edit these terms periodically, without prior notice. Upon the publication of such an update, revision, or edition of these terms on the website – they are deemed effective immediately.

Please note, that any mention of Precious Earth or PreciousEarth.in on this website, or on any of its digital or physical properties, refers collectively to this establishment and all of its properties, whether digital or otherwise, headquartered in Kolkata, India with the GST Identification Number 19BEVPG5285B1Z5. It is also prudent to note that throughout this website, the terms “we”, “us”, and “our” refer to Precious Earth. Finally, any mention of the “Service” refers to our collection of all features, content, products, and other services that the company owns, controls, or makes available through any channel of communication or interaction, including but not limited to the PreciousEarth.in website, postal mail, email, phone, live chat, SMS, social media, etc. It includes the general and overall scope of Precious Earth’s products, services, and other offerings.

1. Implied Electronic Agreement

All the terms and conditions of our service as specified here, operate as a legally binding agreement for your use of this website in any capacity. By accessing, signing up, or making a purchase from PreciousEarth.in, you imply your consent to these terms, as well as all other notices, policies, and disclosures on this website. The usage of this website also constitutes your consent to receiving communication from us - both electronically, and otherwise. As such, we once again implore you to study these terms carefully.

2. Content & Privacy

This website and all its content – including but not limited to copyrighted material, texts, images, logos, graphics, designs, data, sound files, etc. belongs to Precious Earth as part of its proprietary property. The reproduction, in any way or form, of any such property for commercial use is prohibited and constitutes a violation of our Terms of Service. In certain cases, such a reproduction of these properties may also incite legal prosecution.

As an internet-first establishment, we understand the value of your data and privacy, and as such, we strive to be as transparent as possible in our disclosure of the collection, usage, and storage of your data. This is highlighted, in detail, in our Privacy Policy, and we encourage you to review these policies, such that you remain aware and updated with our data collection practices.

3. Eligibility

The products and services of Precious Earth are only offered to individuals who can form legally binding contracts under Indian law and/or the laws of their country of residence. In most jurisdictions (including India) an individual must be at least 18 years of age to effectuate this requirement. It should be noted that minors (constituting individuals under 18 years of age in most jurisdictions, including India) as well as individuals temporarily or indefinitely suspended by Precious Earth as members, are not permitted to engage in our services. As a user, visitor, or member of this website, you accede to the awareness of these requirements.

4. Unauthorised Use

The products and services of PreciousEarth.in are limited to the personal use of its visitors and individual members, and cannot be used for any form of commercial endeavours. In addition to non-commercial use of the website, you also agree that you are not:

• Violating national or international laws.
• Submitting misleading and/or false information to Precious Earth or any of our affiliates, service providers, vendors, clients, and any other such entities that are engaged with our services.
• Reproducing, replicating, duplicating, or exploiting any content presented on this website – in any shape or form.
• Interfering with this website’s security, and/or uploading viruses and malware onto the servers of Precious Earth or its affiliates.
• Engaging in illegal activities or any activities deemed prohibited or illegal by national and international laws.

Any unauthorised use of this website or its services will incite appropriate investigation and legal action, including but not limited to civil and criminal prosecution. In addition, Precious Earth will be entitled to recover from you a penalty of 50% of the profit, revenue, or benefit that you may have gained, going to gain, or may have expected to gain.

5. Singular Membership

Your membership at Precious Earth is for your sole and personal use only. This membership cannot be transferred or licensed to any other individual or entity, since your personal details are used to identify you as a unique individual. Should an entity related to you wish to use our services, it is advised that they create a new account for themselves, with their unique details.

6. Duration & Termination

The agreement of these terms and conditions of service shall remain in full effect while you use this website and/or are a registered member of Precious Earth. You may terminate your membership at any time by writing to us at the email ID provided below. Upon the termination of your membership or subscription to Precious Earth, however, you forfeit your right to receive any unutilized membership or subscription fee, as well as access to any exclusive digital content or reports purchased through this website. We also reserve the right to terminate your membership with or without notice, should we find you in violation of any of our terms or policies. Even after the termination of your membership or subscription, you shall remain liable for any unpaid dues to Precious Earth. Failure to settle such dues will incite appropriate legal action.

7. 3^rd Parties & Affiliates

Precious Earth uses various 3rd party service providers and vendors to keep the various functionalities on this website up and running. Although you remain bound by these terms of service, we are not liable for any inaccurate or misleading information posted by any of these service providers. With your continued use of this website and its services, you acknowledge that Precious Earth will not be held liable for any harm or damages that may be incurred in connection with such third-party entities. Precious Earth also reserves the right to continue outsourcing part of its services to such trusted and verified third parties, without any prior disclosure or notice to you.

8. Proprietary Rights

• Intellectual Property & Trademarks: PreciousEarth.in owns and retains all intellectual property on the PreciousEarth.in website as well as all related services of the establishment. These intellectual properties include, but are not limited to the company logo(s), copyrighted content, trademarks, icons, pictures, text, designs, and data, and can only be used by our licensors or with prior written consent. Any usage of this information or property without our prior consent will constitute a violation of this Agreement and may lead to a termination of your membership, without any refunds.
• Inaccurate Content: Precious Earth is committed to providing you with updated and precise information through our website, email, telephone, social media, and other forms of communication. In rare circumstances, however, this information may include certain inaccuracies, inconsistencies or omissions in the form of typographical errors, pricing mistakes, shipping time and price inaccuracies, and other similar data points or information – which arise due to system or human errors. In such situations, PreciousEarth.in is not liable for any loss arising out of such errors or inaccuracies, and has no obligation to update this information. At our discretion, however, we may advise you on a rectified course of action or notify you of such inaccuracies or errors. We apologise for any inconvenience this may cause and suggest that you seek further advise from certified professionals.

9. User-Generated Content & Feedback

Our website and social media accounts currently have, or may have in the future – features such as product review and discussion forums, user-generated content interfaces, or other areas where you or others can create, post or store content, messages, material or other items. By using such interactive areas and media properties of or related to Precious Earth, you agree to not post, upload, transmit, distribute, store, and/or create unlawful, prohibited, inappropriate and/or illegal content, messages, images, videos, profiles, sound, text and/or other similar pieces of information (henceforth collectively referred to as “Content”). Further, you also acknowledge, accept, and agree that all content and information posted or generated by you in your member profile, as well as on the digital and physical properties of Precious Earth, is accurate, current, and complete. Precious Earth reserves the right to investigate and take appropriate legal action against anyone who violates this provision. The following is a non-exhaustive list of such content that is prohibited, illegal, or inappropriate:

• Patently offensive content that promotes or advocates racism, hatred and hate speech, bigotry, physical harm, malice, and/or harassment to any individual and/or entity.
• Content that would be considered illegal, promote illegal activities, infringe on the rights of others, or violate any local, state, national, or international laws, regulations, or rules.
• Content that may violate any patent, trademark, trade secret, copyright, or other intellectual property rights of PreciousEarth.in and/or its licensors, affiliates, officers, representatives, agents, employees, partners, and directors.
• Content that impersonates any person or entity, or otherwise misrepresents your affiliation with another individual or entity.
• Content that supports or advocates for the illegal and/or unauthorized duplication of another person or entity’s copyrighted material, such as supplying pirated software or links to it, providing methods to bypass manufacturer-installed copy-protection, and/or sharing pirated multimedia files or links to them.
• Emails or other promotional literature, digital or otherwise, that asks for personally identifying information, including but not limited to passwords, credit card numbers, and residential or email addresses, for illegal or commercial purposes from other users.
• Content that features information that sexually or violently exploits or targets individuals under 18 years of age or solicits personal information from anyone under the age of 18.
• Any other type or form of content that, in the sole judgement of PreciousEarth.in, is inappropriate or that prevents or limits others from utilizing or enjoying the website or any of its other media, digital, and/or physical properties, or that may cause harm or legal repercussions to Precious Earth or its users.

Furthermore, by posting any content to a public property of PreciousEarth.in, digitally or otherwise, you grant PreciousEarth.in, its affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, fully paid, global license to use, copy, perform, display, reproduce, adapt, edit, distribute, and create derivative works of the content, as well as authorize sublicenses. You further grant Precious Earth and sub-licensees the right to use the name that you submit in connection with the content that you post. You warrant that the public posting and use of your content by PreciousEarth.in, or any of its digital and/or physical properties, will not infringe or violate the rights of any third-party individual or entity.

Finally, you acknowledge, accept, and agree that Precious Earth is not responsible and will not be held liable for any content posted, stored, or uploaded by you or any third party, and/or any loss, damage, or negative experience arising out of the result of viewing such content. Using Precious Earth’s digital or physical properties is done at your own risk and Precious Earth will not be held accountable for any statements, representations, or User Content provided by its users in any public forum, personal home page or other such interactive areas. Precious Earth also reserves the right to remove, screen or edit any user-generated content posted or stored on its website at any time and for any reason, without prior notice. You are solely responsible for creating backup copies and/or replacing any content you post or store on our website at your own cost and expense.

Any use of PreciousEarth.in or its social, digital, and/or physical properties in violation of the policies specified in these Terms of Service may result in the termination or the suspension of your rights to access and use such properties and/or our website.

10. Disclaimer of Warranties

Please note that your use of the PreciousEarth.in website is at your sole risk, and that this contract strictly limits our liability as well as your remedies. Precious Earth does not provide any warranties for the Service.

The PreciousEarth.in website and all the information contained therein, including but not limited to, the products and services on offer, images, texts, descriptions and other data, are provided on an “as is” and “as available” basis. Precious Earth and our licensors, affiliates, officers, representatives, agents, employees, partners, and directors make no representations or warranties of any kind, whether expressed or implied, regarding the operation of this website, or the information, content, materials, or products contained within it. By using this website, you acknowledge and accept that you do so at your sole risk, and you are solely responsible for any consequences arising out of such usage. Material or information obtained from the PreciousEarth.in website, in any form, is accessed at your sole discretion, and Precious Earth will not be liable for any damage to your computer system, loss of data, or any other damage or loss that may arise from your access or obtainment of such material or information. Precious Earth and our licensors, affiliates, officers, representatives, agents, employees, partners, and directors specifically disclaim any and all warranties, whether expressed or implied, including but not limited to, Warranties of Merchantability and Fitness for a particular purpose, title, and Non-Infringement with regards to all forms of content on this website. Furthermore, Precious Earth does not warrant that this website, its servers, electronic communications, or any of the information contained within it, will be timely or uninterrupted, or are free from errors, viruses, or other harmful components.

11. Limitation of Liability

Please note that your use of the PreciousEarth.in website is at your sole risk, and that this contract strictly limits our liability as well as your remedies. Precious Earth does not provide any warranties for the Service.

You expressly understand and agree that Precious Earth and its subsidiaries, licensors, affiliates, officers, representatives, agents, employees, partners, and directors will NOT be held liable for any damages, including but not limited to, direct, indirect, incidental, special, punitive, exemplary, or consequential damages such as a loss of use, profit, data, or other intangible losses (even in cases where PreciousEarth.in has been intimated of the potential or possibility of such losses and/or damages), which may arise out of:

• Your use or inability to use the PreciousEarth.in website and the products and services offered by Precious Earth.
• The cost of procurement of substitute goods or services resulting from any goods, data, information, or services purchased or obtained through the Service, or messages received and/or transactions entered into, from or through the Service.
• The unauthorised access to or alterations of your data or transmissions.
• The conduct, statements, or posts of any 3rd party on the service.
• Any other matters relating to the Service.

In certain states or jurisdictions, where an exclusion or the limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent as permitted by law.

12. Prohibited Activities

PreciousEarth.in reserves the right to investigate and/or to terminate your membership or block your usage of the website, if it deems that you have misused or abused the Service, or behaved in a way that could be regarded as inappropriate, unlawful, and/or illegal. The following is a non-exhaustive list of actions and/or behaviours that are prohibited with regard to your usage and/or engagement of the Service and this website:

• You will not impersonate, stalk or harass any entity or individual.
• You will not expressly state or imply that your statements or posts are endorsed by PreciousEarth.in, unless you have obtained prior written consent from us.
• You will not use any application(s), algorithm(s), robot(s), spider(s), or other such device(s) or method(s) to access, retrieve, index, download, and/or mine the data and content of the Service, of and in any form, that circumvents the navigational structure or presentation of the Service and its contents.
• You will not remove any copyright, trademark, or other proprietary rights that are part of, or belong to the Service and you will not disrupt and/or interfere with the Service or the website, and/or the networks and servers connected to them.
• You will not send any material via post, email or any other means that contains software viruses, or any other computer code, files, or programs intended to damage, disrupt or limit the functionality of our computer software, hardware or telecommunications equipment.
• Without prior written authorisation or consent from PreciousEarth.in, you are prohibited from framing or mirroring any part of the Service or the website. You are also prohibited from using any meta tags, code, or other devices that reference PerciousEarth.in, the Service, or the establishment to redirect users to another website for any purpose.
• You are prohibited from altering, adapting, sublicensing, translating, selling, reversing engineering, deciphering, decompiling or dismantling any part of this website, the Service, or any software used on or for the Service. You are also prohibited from assisting others in engaging in such activities.

13. Service Modifications

Precious Earth reserves the right to make alterations or to stop offering the Service (temporarily or permanently) at any point and without any prior notification or intimation to you. You accept and agree that Precious Earth will not be held responsible for any modifications, interruption, suspension, or termination of the Service to you, or to any third party.

14. Disputes & Applicable Law

Any dispute that may arise about or involving Precious Earth, its website, or any of its products or services shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts in Kolkata, India only.

15. Indemnification

You accept and agree to indemnify and compensate Precious Earth, its subsidiaries, related companies, representatives, affiliates, officers, agents, partners and employees from any harm, loss, liability, claim and/or demand – including but not limited to reasonable legal fees, made by any third party due to your use of the Service in violation of this Agreement, and/or arising out of a breach of this Agreement, and/or arising out of a violation of your representations and warranties as set forth above.

16. No 3^rd Party Beneficiaries

You accept and agree, unless expressly stated otherwise, that there shall be no third-party beneficiaries to this Agreement.

17. Force Majeure

Neither Precious Earth, nor its licensors, affiliates, officers, representatives, agents, employees, partners, and/or directors will be held responsible for any postponement, delay, or failure of compliance with its contracts or obligations - if such a postponement, delay, or failure arises from a cause or event which is beyond the reasonable control of Precious Earth.

18. Others

These Terms of Service and any other policies or operational rules posted on this website encompass the entire understanding between you and Precious Earth regarding the usage of this website and/or the Service. If any aspect or provision of these Terms of Services or other policies specified on this website is determined to be invalid, the remaining provisions will still continue in full force and effect. You are obliged to notify Precious Earth of any misuse or abuse of this website if you notice any violation of this Agreement or other policies and provisions specified, by contacting us via email or telephone as specified at the bottom of this page. Upon receiving such an intimation, Precious Earth will conduct a thorough investigation of the complaint and if deemed necessary, may cancel the membership of the member responsible for such a violation, misuse, or abuse without any refund of any subscription fees. In case of a false complaint, your membership may be terminated with or without notification to you, and without a refund of your subscription fees.