Terms-conditions:

This website is owned and operated by Tibarumal Gems and Jewels (henceforth referred as "Tibarumal Gems and Jewels " or "Tarasri" or "us" or "we" or "our" " tarasri.in" having its registered corporate address at No 4 and 5 Lumbini Jewel Mall Road No 2, Banjara Hills, Hyderabad, Telangana - 500034, India In using the services provided by our website tarasri.in you are deemed to have accepted the terms and conditions listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms and conditions till the time you access this website. Tibarumal Gems and Jewels reserves the right to change these terms and conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible. All rights including copyright, in this website, are owned by Tibarumal Gems and Jewels. Any use of this website or its contents, including copying or storing it in whole or part without the permission of Tibarumal Gems and Jewels is prohibited. If you have any queries about these terms and conditions or any complaints or suggestions regarding our website, please feel free to write to info@Tarasri.in or call us on +91-40-40329900 (Timings: 11.30 AM to 6.00 PM Indian Standard Time).

Eligibility Criteria

If you are below 18 years of age, you are prohibited to use/purchase/contract from or with this website. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 are not eligible to use this website. Those who choose to access this website from outside India are responsible for compliance with local laws and if to the extent local laws are applicable. In case if any Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receive an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order.

Pricing And Payment

For orders being shipped within India, the payment can only be accepted in INR. Prices will be MRP and CGST/SGST and IGST, as applicable. In case of international credit cards being used for domestic orders, the transaction amount will be converted to INR before the payment is accepted. Currency conversion charges may apply according to your credit card policy. If you have made the payment by International card or foreign bank issued card then you will be required to send us any government issued photo Identity proof of the country of residence as mentioned below

  1. Passport with Visa Copy
  2. Driving license
  3. Employment card
  4. Any other government issued ID proof of the the country of residence.

International Orders: Payments for International Orders are accepted through Instamojo gateway by using International credit/debit cards only. For orders being shipped outside India, the payment will be accepted only in US Dollars. For international orders, currency conversion rates will apply according to the prevailing exchange rates on the day of payment transfer. For shipments being sent outside India, Prices will include all the applicable taxes in India and the shipping and handling charges. For International Orders you will be required to send us government-issued photo Identity proof preferably: a) Driving License b) Passport NOTE: Indian issued cards will not be accepted for international orders.

Delivery Schedule

We understand that your privacy is important to you and we respect that. We ensure you that we maintain complete confidentiality of the details that you have shared with us and will not share it with any third party. A tentative delivery date/time will be given along with the order confirmation email. The exact delivery date shall be provided as soon as your order is ready for dispatch.

Your Obligations

  1. You have to provide true, accurate, current and complete information about yourself while registration on www.tarasri.in and when asked.
  2. You should maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, incomplete or not current or if Tarasri has reasonable grounds to suspect that such information is false, inaccurate, incomplete, not current or not in accordance with this user agreement, we have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to our website.
  3. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information), any extra cost incurred by Tarasri for re-delivery shall be claimed from you and you shall bear such expenses.
  4. You will provide authentic and true information in all instances where such information is requested of you. Tarasri reserves the right to confirm and validate the information and other details provided by you at any point of time. Further, Tarasri also reserves the right to ask for additional information for accepting orders or before making delivery in certain cases. If upon confirmation, your details are found to be false (partially or completely), Tarasri has the right in its sole discretion to reject the registration and debar you from using the services of www.tarasri.in without prior intimation whatsoever.
  5. You confirm that the address at which delivery of the product(s), ordered by you, is to be made is correct and proper in all aspects.
  6. Before placing an order you shall check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale and invitation to offer included in the item's description.
  7. If there is any delay in the delivery caused due to any natural calamity, public holiday or any other unforeseen circumstance, then you shall not hold Tarasri liable for such delay in the delivery of the product.
  8. In case you use an International card or foreign bank-issued card for payment of domestic order or you have ordered something to be delivered outside India, then you have to provide us any government-issued photo identity proof. For example:
    1. Pan card
    2. Driving License
    3. Passport
    4. Voter identification card
    5. Postal identification Card (Aadhar)

Site Security

You are prohibited from violating or attempting to violate the security of this website, including, without limitation:

  1. Accessing data not intended for you or logging onto a server or an account which you are not authorized to access.
  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  3. Attempting to interfere with service to any other user, host or network, including without limitation via means of submitting a virus to the site, overloading, flooding, spamming, mail-bombing or crashing.
  4. Sending unsolicited email, including promotions and or advertising of products or services;
  5. Forging any TCP / IP packet header or any part of the header information in any email or newsgroup, posting violations of system or network security may result in civil or criminal liability. Tarasri will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than the search engine and search agents available on this site and other than generally available third party web browsers (e.g. Microsoft Explorer, Google Chrome, Mozilla Firefox).

Cancellation By Tibarumal Gems and Jewels

There may be certain orders that Tarasri cannot accept, and therefore, we reserve the right, at our sole discretion, to refuse or cancel any order. Some reasons may include limitation on quantity available for purchase; errors in pricing or product information or certain issues identified by our fraud avoidance department or any other issue which Tarasri identifies for not accepting the order. We also reserve the right to ask for additional information for accepting orders in certain cases. We will notify you in case your order has been cancelled fully or partially or if any additional information is required to accept your order.

Cancellation by Customer

Once an order is placed, it can only be canceled before it is shipped to the provided destination. Registered customer can always check the status of their order by reaching out to us at +91-40-40329900 or writes to us at info@Tarasri.in. Once the cancellation request is received, we will initiate the process of refunding the amount to your account via the same payment mode that you had used to make the transaction or through cheque (amount would be refunded through cheque, only in cases where the debit/credit card used by customer while placing the order is not in use). Once the refund process is initiated, you will receive the refund amount directly in your account or through cheque. NOTE: In the event that the amount has been deducted from your account but the transaction failed, we will refund the amount to your account at the earliest.

Return And Exchange Policy

Tarasri is committed to ensuring full customer satisfaction with respect to the products available on our website, security & customer assistance. However, if you are not happy with the product, you can choose to return the order. NOTE: In case of international orders, we do not currently accept any returns or exchange of our products, except for those cases where a defective product has been delivered. You shall return the defective product unused and in the same condition as you received it, in its original packaging, along with the invoice for a refund. You are required to report the defect within 7 days of receipt of the product either by calling us on +91-40-40329900 or writing to us on info@Tarasri.in. For the refund on the returned defective product please check the section on Refund below.

24 - HOURS RETURN POLICY FOR DOMESTIC ORDERS ONLY

In the unlikely event that the order delivered is in damaged condition, or otherwise, you can return the product unused and in the same condition as you received it, in its original packaging, along with the invoice and get the refund. Our courier partner will collect the order from the address provided by you and will get it back to us.

RETURN CHARGES

Domestic Order: Our courier partner will collect the order from provided address (within India). Customer need not pay any shipping charges to return the product.

HOW TO INITIATE THE REFUND PROCESS?

  1. Customers should contact Tarasri customer support on +91-40-40329900 or write to info@Tarasri.in within 24 Hours from the receipt of product.
  2. Customers should not return the product before receiving a confirmation mail from Tarasri about the same.
  3. All the products must be returned in their original condition, unaltered and unused.
  4. Provide the invoice/guarantee card into the package for return process. Without the above, returns will not be processed.

NOTE: We shall not entertain any request after 24 Hours from the date of receipt of the product.

REFUND

We shall process the refund once we receive the product. The product must be in unused condition, in its original packaging along with its original tags and invoice, failing which refund may not be possible. Once the refund process has been initiated, the amount will be directly refunded to your account via the same mode through which the transaction was made or through cheque ( amount would be refunded through cheque, only in cases where the debit/credit card used by customer while placing the order is not in use). In case the customer pays online then amount will be refunded within 7-15 working days from the receipt of returned product(s) at the registered office of Tarasri.

DOMESTIC ORDER:

In case of domestic order (where the product is shipped within India) 100% refund will be made. In case the customer pays online then the amount will be refunded within 7-15 working days from the receipt of the returned product(s) at the warehouse of Tarasri. In case of COD (Cash on delivery i.e. when customer pays in cash once the product is received) the amount can be refunded either through cheque or online transfer as NEFT (National Electronic Fund Transfer). The mode of refund depends on the customer's choice: 1. If customer provides a cancelled cheque with the returned product then the refund can be made within 7-15 working days & amount will be refunded directly into customer's account through online transfer as NEFT. 2. If customer doesn't provide any cancelled cheque then the amount will be refunded through cheque that will be sent by courier at the address provided by customer at time of registering/placing the order. It may take up to 30 working days.

INTERNATIONAL ORDER:

For international orders, currently we do not provide for refund policy. Although, Tarasri will refund the amount to the customer only under following two circumstances and at the sole discretion of Tarasri: 1. We will accept the return of only defective product and then subsequently provide for the refund. However, the refund process will be initiated only post inspection and after we get a go ahead from our QA (quality assurance) team. While refunding for the defective product, we will not charge you for shipment (to and fro). 2. We will refund under those circumstances where our logistic partner has been unable to deliver the product, even after repeated efforts due to the customer's unavailability. Although while making the refund, we will deduct from the amount paid all the costs incurred by Tarasri like shipment expenses both to and fro, customs paid and any other charges.

JEWELLERY

We reserve the right to not allow the exchange of jewellery products due to the differential that may arise, as no two products will have the exact weight & hence the price will differ. Please note that our pricing is calculated using current precious metal and gem prices to give you the best possible value. These prices do change from time to time, owing to the fluctuations in prices of precious metal and gem prices, so our prices will also change. However, if you choose to cancel the order(before shipment) or return the product because of receiving it in damaged condition, the refund will be made directly to your account or issued by cheque (amount would be refunded through cheque, only in cases where the debit/credit card used by customer while placing the order is not in use). Please expect that you will be charged the price for the jewellery as it is quoted on the day of advanced receipt.

Tarasri Exchange Policy

  1. Tarasri Jewellery sold by Tarasri Boutique and Tarasri Website will be accepted for exchange at Tarasri boutique. Tarasri boutique will honor the Tarasri Exchange Policy and no individual discretion in compliance will be permitted.
  2. Pieces will be accepted after due examination for defects, weights, and originality, including the Tarasri mark.
  3. While normal wear and tear are to be expected, no credit may be given to the customer for stone defects (cracks, scratches, replacements, alterations). In extreme cases where the customer insists on the exchange of a product with defective stone(s), the exchange is only to be done after cautioning the customer that the product has to be dismantled, and the stones removed (at customer’s risk) and returned to the customer. In such cases, the customer must be advised that the value of such damaged stones will be reduced from the value of the refund/exchange. These damaged stones will be returned to the customer. The customer must be cautioned that such stones are vulnerable to breakage during removal and that this risk is to the customer’s account.
  4. The piece must only be accepted if accompanied by the original Cash Memo and/or guarantee certificate. Exceptions may be made by the Boutique Manager at his/her discretion in the case of known customers. In the event that the customer is unable to produce these documents, then the Boutique Manager may accept such pieces for validation via the factory or may accept the exchange under the terms of the General Exchange Policy.
  5. An acknowledgment form & Customer Declaration form signed by customer is to be filled out for all pieces accepted for exchange.
  6. Should the boutique find it difficult to value the piece, doubts the authenticity of the piece, the piece should be sent to Jewellery factory
  7. Tarasri boutique shall not issue to customer open Credit note, but ensure that the credit note is adjusted against same customer invoice on the same day
  8. Customers who want to exchange their Tarasri products for a cash refund: This may be permitted by the Boutique Manager, subject to other terms and conditions of TARASRI EXCHANGE POLICY. The general terms and conditions of this policy will apply subject to an additional cash deduction of 10% for studded products and 3% for all other product categories from the total credit note value arrived. NOTE: we do not offer exchange or cash refund for Loose Stones. Amount in excess to 10,000 Rs will be paid via a cheque only in 7 days, as per Income Tax rules
  9. The commercial terms governing Tarasri Exchange Policy are as follows:
    1. Tarasri products of 24kt, 22kt, 18kt, are accepted for exchange at any time. But Loose Diamonds, Silver products/wares and Jewellery are excluded from the TARASRI EXCHANGE POLICY scheme.
    2. Solitaire products of 2 carat and above – Appropriate deduction will be made as per TARASRI EXCHANGE POLICY
    3. In case the product was sold under the discount scheme, the discount amount needs to be net off first (recovered) and TARASRI EXCHANGE POLICY to be applied.
    4. In case of an accepted exchange, deductions will be made

Shipping Policy

SHIPPING DESTINATIONS

In India, Tarasri serves to selected cities. If there is no courier service available in your area, we do apologize for the inconvenience caused.

We also provide international delivery to the following countries:

Australia, Singapore, UAE, UK and USA

SHIPPING & HANDLING CHARGES

Domestic Order: We provide free shipping within India.

International Order: In case of order which is to be shipped outside India customer has to bear the shipping & handling charges plus any duty as applicable at the destination.

Custom Clearance: All shipments of Jewellery exported from India need to be cleared by the Indian Customs office. Products along with their complete documentation are filed with the authorized officer of the Indian Customs office for inspection, examination and assessment and only then delivered to your shipping address. Hence, please ignore the message on the package section which mentions: Please do not accept if the package is received in Open/ Tampered condition. You will find the package sealed with a label saying Opened for Customs.

Shipping Partner: Our domestic and Our international logistic partner are all industry experts and leaders.

NOTE: In case of International order, customer has to pay the shipping charges at the time of placing the order. Also, custom duty & taxes levied by destination country has to be borne by the customer and needs to be paid to the logistic partner at the time of delivery. Please note that all consignments are on Delivery Duty Unpaid (DDU) basis.

TRACK ORDER

All registered customers have the option to track their orders by contacting us on +91-40-40329900 or email at info@tarasri.in

TIME TO DELIVER

The time taken for delivery tends to vary according to the destination; however, we make our best efforts to ensure that the order is delivered on time.

Delivery Time for Domestic Orders

The product is delivered within 5-7 working days in India from the day of order confirmation, provided such delivery is not delayed by any governmental authority or any other entity acting on behalf of the government or acting as per the directions of the government. In the unlikely event that we fail to deliver your order within the stipulated period, we shall cancel the order and notify you regarding the same. In such cases, the refund will be made directly to your account via the same mode through which the payment was made. We only partner with reputed courier agencies to ensure that the products reach you promptly and in perfect condition. We also ensure that the delivery is made to the recipient and thus require the identity proof for verification:

PLEASE NOTE: Recipient needs to produce any of the following government issued photo identity proof for receiving the delivery:

a) Driving License

b) Passport

c) Postal identification Card (Aadhar)

Delivery Time for International Orders

The product is delivered within 7-21 working days outside India from the day of order ready to dispatch, provided such delivery is not delayed by any governmental authority or any other entity acting on behalf of the government or acting as per the directions of the government. In the unlikely event that we fail to deliver your order within the stipulated period, we shall cancel the order and notify you regarding the same. In such cases, the refund will be made directly to your account via the same mode through which the payment was made. We only partner with reputed courier agencies to ensure that the products reach you promptly and in perfect condition. We also ensure that the delivery is made to the recipient and thus require the identity proof for verification:

PLEASE NOTE: Recipient needs to produce passport or driving license for receiving the delivery.

Transit Insurance: All goods will be fully insured by Tibarumal Gems and Jewels until they reach you, so your purchase is 100% safe.

Privacy Policy

We understand that your privacy is important to you and we respect that. We ensure you that Tarasri maintains complete confidentiality of the details that you have shared with us and will not share it with any third party. We may ask for certain details such as name; date of birth; e-mail address; residential address; contact number etc for registration purposes or for giving feedback, contests, newsletters and placing an order. At any point in time, you can unsubscribe to our newsletters or any other information which you may receive from Tarasri. Also, for enhanced security, Tarasri does not accept any financial information on its servers. All information entered by the customer is directly received through our payment gateway and are transmitted to their respective bank's servers. All this is done through industry standard encryption protocol known as SSL (Secure Socket Layer). The payments on our website are processed by a third party who has signed a non-disclosure agreement with us and therefore, are not allowed to share any personal information of the customers.

Fraudulent Transactions

Tarasri reserves the right to recover the cost of goods, collection charges, damages caused to Tarasri and legal expenses from persons using the site fraudulently. Tarasri reserves the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Disclaimer

All products and the information displayed on www.tarasri.in constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon the dispatch of the product(s) ordered. Dispatch of product(s) ordered, may or may not happen at the same time. In such a scenario, that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be an offer to us and we reserve the right to either accept or reject the balance offer. No act or omission of Tarasri prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. If you have provided us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and confirm dispatch and therefore, acceptance of the order thereafter. We have made every effort to display the colors and sizes of our products that appear on our website as accurately as possible. However, as the actual colors you see will depend on your monitor. We cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery. Packaging of the product may vary from that displayed on the website.

External Material

The website may contain links to other websites; these external websites are not under our control. We cannot be held responsible for such websites and cannot make any warranties about them. We provide these links because we think they might interest you, but we do not monitor or endorse these websites.

Liability

We take no responsibility for any loss or damage suffered as a result of our order online service or goods supplied using the same, except as required by law, even if we could have foreseen the loss, or the possibility of it was brought to our attention. NOTE: In case of orders being shipped outside India, we provide the certificate of authenticity which authenticate that the product delivered to the customer is 100% genuine. Customer can avail the Repair and Maintenance services in India at the Tarasri Boutique Any product you buy from our website is completely at your discretion and you accept that you place the order only after thoroughly inquiring about the product and being completely acquainted about the product, its features, characteristics, usage etc. Tarasri is not liable for any kind of damages or losses whatsoever suffered by the customers due to the use of the product. This is applicable for both domestic and international orders.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered in connection with your use of this website will be and remain the property of Tarasri. Such disclosure, submission or offer of any comments shall constitute an assignment to Tarasri of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments. Thus, Tarasri owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise of any comments. Tarasri will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Tarasri will be under no obligation

a) To maintain any comments in confidence

b) To pay you any compensation for any comments

c) To respond to any comments

You agree and confirm that any comments submitted by you to the website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) and will not cause injury to any person or entity. You further agree that no comments submitted by you to the website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of spam. Tarasri does not regularly review posted comments, but does reserve the right (but not the obligation) to monitor and edit or remove any comments submitted to this website. You grant Tarasri the right to use the name that you submit in connection with any comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments you submit. You are and shall remain solely responsible for the content of any comments you make and you further agree to keep indemnified Tarasri and its affiliates for all claims resulting from any comments submitted by you. Tarasri and its affiliates are not responsible nor assume any liability for any comments submitted by you or any third party.

 

Force Majeure

We are not liable for any delay in the performance or non-performance of any of our obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, import or export regulations, exchange control regulations or accident or non-availability/ delay in transport.

Copyright & Trademark

Tarasri reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this website (collectively content are intended solely for personal and non-commercial use. You may download or copy the contents and other materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You will not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents of the website or any related software. All software used on this website is the property of Tarasri or its suppliers and they are protected by Indian and international copyright laws.

Termination

This user agreement is effective unless and until terminated by either you or Tarasri. You may terminate this user agreement at any time by informing us in writing through Indian postal services by registered/ speed post that you no longer wish to be associated with this website, provided that you discontinue any further use of this website. Tarasri may terminate this user agreement at any time and may do so immediately without notice, and accordingly deny you access to this website. Such termination will be without any liability to Tarasri. Upon any termination of the user agreement by either you or Tarasri, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the user agreement or otherwise. Tarasri's right to any comments shall survive any termination of this user agreement. Any such termination of this user agreement shall not cancel your obligation to pay for the product(s) already ordered from the website or affect any liability against you that may have arisen under the user agreement.

Governing Law And Jurisdiction

This user agreement shall be construed in accordance with the applicable laws of India. The courts at Hyderabad shall alone have exclusive jurisdiction in any proceedings arising out of this user agreement.

Website Content

Tarasri owns the copyright to all the contents of this website, including images. All trademarks and other intellectual property are owned or licensed to us (unless otherwise specified). You shall not copy, reproduce, distribute, republish, download, display, post or transmit any part of the website without the written consent from us. You may print or download any pages for your own personal and non-commercial use only. If you have any doubts about what you can do, please email us at info@Tarasri.in or call us on +91-40-40329900, while our website is accurate as possible, we cannot accept responsibility for any inaccuracies or errors beyond our reasonable control. We cannot guarantee that colored images will be rendered correctly on different computer monitors.

Changes to the Site Disclaimer

We reserve the right to change the site disclaimer from time to time. If this happens, we will notify you by posting the updated site disclaimer on the website. If you do not wish to be governed by the revised site disclaimer, we request you to refrain from using the website. This site disclaimer is governed by the laws of India and you and we agree to use the courts of Hyderabad jurisdiction if there is any dispute between us. If any part of this site disclaimer is found to be invalid by law, the rest of them remain valid and enforceable.

Modification Of Terms And Conditions Of Service

Tarasri reserves the right at any time to modify the terms and conditions of this user agreement without any prior notification to you. Subsequent to any such modification of the user agreement, we will inform you of the modifications in the user agreement through e-mail at the address provided by you while registration on our website. You can access the latest version of the user agreement at any given time on www.tarasri.in You should regularly view the user agreement on www.tarasri.in. In the event the modified user agreement is not acceptable to you, you may undertake to discontinue using our service. However, if you continue to use our service you shall be deemed to have agreed and accepted to the modified terms and conditions and you undertake to abide by the modified terms and conditions and you undertake to abide by the modified user agreement.