LIMITATION OF LIABILITY Vision360 is flagship product of A Royal Co.®, Surat
- Gujarat, India & Photography centre is the another party, which are authorised
by A Royal Co.® or Itself operated by A Royal Co.®, Surat - India to offer 360º
photography of Diamond to the general market & for specific authorised work, which
is based on A Royal Co.®’s make system Vision360 for the decided time period. A
Royal Co.® makes no undertaking or representation with regard to quality or accuracy
of the Images or the Devices or Photography centre’s scanning or other processes.
Photography centre acknowledges and agrees that the A Royal Co.® and/or any of its
employees and/or officers and/or representatives and/or agents and/or directors
will not be held liable for any defect and/or damage caused to the diamond by the
Devices whilst being kept by and in the custody of Photography centre or A Royal
Co.® itself.b
A Royal Co.® will not be liable for any direct or indirect loss or damage including,
inter alia, loss in transit, diminution in value, loss of weight, colour change
and/or consequential losses resulting therefrom. Vision360’s diamond virtual view
is based on stitching numerous digital images of the scanned diamond and is intended
to give a general virtual 360º view of the diamond, along with the logo of Vision360
& individual Photography centre.
Accordingly inclusions, colour, hue, external proportions or other parameters of
the scanned diamond might not be observed or fully reflected by viewing the virtual
imagery. A Royal Co.® does not take any responsibility for any purchase or sales
decisions, transactions or other actions or decisions based solely on using this
technology. Accordingly, by using this technology, you acknowledge the limitations
of the technology as well as A Royal Co.®'s exclusions of liability as described
above. A Royal Co.®'s license to its customers and any other third party to use
this technology is conditioned upon such party’s acceptance and agreement to the
exclusions of liability herein. By using the technology, you accept and agree to
such exclusions of liability.
VIRTUAL IMAGE PREPARATION AND VIRTUAL VIEW. Customer acknowledges that, while
the Devices are designed to scan and capture high-quality images and video of Diamonds:
(a) A Royal Co.® & Photography centre cannot and does not guarantee that all or
any of the diamond’s parameters and characteristics such as defects, inclusions,
fluorescence, "make" quality and/or light performance will appear or be visible
in a virtual view; (b) any colour or hue which appear in the virtual view do not
necessarily reflect the true, accurate and genuine colour of the diamond; (c) no
image or video or analysis can be a substitute for any actual first-hand view of
the diamond, hence no final commercial or other decision should be taken in reliance
on the said images / video and analyses in the virtual view. Customer waives any
right to claim from A Royal Co.® & Photography centre any damages that may result
from any differences between the images / video / analysis of the Objects in a view
and any actual first-hand view of the Objects or any such inaccuracy or difference
in the virtual view.
Customer acknowledges that Devices and virtual view are intended to provide a limited
visual representation of the visual characteristics of the diamond, and are not
designed to verify the authenticity, provenance, origin of diamonds, nor to distinguish
between natural and synthetic or lab-grown diamonds nor between treated and untreated
diamonds nor between diamonds and other natural or artificial objects.
AVAILABILITY OF ONLINE VIEW. If data hosting service provided by A Royal
Co.® then It’s virtual viewer may include, at A Royal Co.®’s discretion, downloadable
videos and/or other digital/online files of the diamond; a viewer that enables to
view the Diamond from any location through a generic internet browser for a time
period as decided by A Royal Co.®; a web-link that connects to the virtual view
of the diamond; Diamond’s 360º view shall be accessible by any party by means of
a unique link using a web browser or mobile device which is supported & as determined
by A Royal Co.® at its sole discretion. Online 360º view will be accessible during
such period determined by A Royal Co.® from time to time. A Royal Co.® may at its
discretion (but shall not be obligated to) discontinue rendering virtual view to
Customer or block access to online view in any of the following circumstances: (a)
Customer breaches any provision of this draft or any applicable law; (b) Customer
does not pay all amounts owed to A Royal Co.® or Photography centre when due; (c)
A Royal Co.® has reason (in its sole judgment) to suspect misuse of a Report issued
to Customer; (d) A Royal Co.® has reason (in its sole judgment) to suspect that
the Submission Data or any partthereof is erroneous, fraudulent or misleading or
indicates the qualities of another object; or (e) the Virtual view is subject to
online abuse such as robotic hacking, high-quantity access, and the like.
NO WARRANTY FOR ONLINE VIEW. 360º view are provided 'as is' and without warranty
of any kind. A Royal Co.® & Photography Centre will not be liable to Customer or
its customers or any other third parties (whether under the laws of contract, torts
or otherwise), under or in connection with this service or subject matter hereof,
and with respect to the use of, inability to use, or otherwise in connection with,
the virtual view: (a) for any claim or loss or damages, whether direct, indirect,
incidental, remote, foreseeable or unforeseeable, special, punitive, exemplary or
consequential; or (b) for any business losses, loss of revenue, income, profits
or anticipated savings, loss of contracts or business relationships, loss of reputation
or goodwill, or loss or corruption of information or data or other intangibles,
delay or inability to procure or access Reports or any other kind of loss. A Royal
Co.® & Photography Centre shall have no liability due to the temporary unavailability
of an online view, temporary inability to upload data, or the accessing of a digital
or online view or any difficulty or default in downloading of the images by any
person or entity possessing the identifying number of such view. A Royal Co.® &
Photography Centre shall not be responsible or liable if the scanned Diamond has
been enhanced prior to scanning by the use of any artificial means or process which
may affect the scanning results. A Royal Co.® shall have no responsibility for the
storage of any images or video or other data relating to virtual view. The results
included in the online view do not in any manner constitute, nor are meant to constitute,
advice of any kind and are not meant to replace the advice of a diamond expert,
professional gemologist or jeweller regarding the analysis or appraisal of the scanned
diamond. Any reliance upon or use of these results or view by Customer or its customers
shall be solely at their own risk.
SHIPPING - In the event that Customer requests that A Royal Co.® or It’s
service centre shall return the Objects to Customer via an “angadia” then A Royal
Co.® shall be authorized to return the Objects to the “angadia” office or representative.
No "angadia" office or representative located outside the city. A Royal Co.® reserves
the right to refuse to deliver to specific "angadias", representatives or addresses.
Delivery to the "angadia" office or representative shall be deemed delivery to the
Customer for all purposes. Notwithstanding the foregoing, Customer acknowledges
and agrees that delivery to an "angadia" as aforesaid is at Customer's sole risk
and that A Royal Co.® will not be held liable for any loss or theft or confiscation
of nor damage to Objects which may occur during such transit irrespective of whether
such loss or theft or confiscation or damage occurs in transit from A Royal Co.®’s
office to the “angadia” offices, or from the “angadia” offices to Customer or for
any liability or loss arising to the Customer or A Royal Co.® under the process
of sending Objects through “angadia”. It is hereby clarified that any delivery of
the Objects to “angadia” shall be for the sole reason of request and convenience
of the Customer and A Royal Co.® or any of its officers or employees or agents or
representatives or directors shall not be liable or responsible for any claim or
liability arising against them because of it.