Welcome to gemsagar.com. By using, visiting, or registering as a member of our website, you agree to the following terms and conditions. Please read them carefully. These Terms of Use may be updated by gemsagar.com at any time, and your continued use of the Website or our Service after such updates will mean you accept those changes.
1. Electronic Agreement
This Agreement is an electronic contract that outlines the legally binding terms of your use of our Website and your membership in our Service. By accessing the website or becoming a member, you agree to receive communications from us electronically and accept this agreement, including all terms, conditions, notices, and disclosures referenced here.
2. Privacy
Your privacy is very important to us. Your use of the Website and/or the Service is also governed by our Privacy Policy. We’ve designed our Privacy Policy to clearly explain how we collect and use the information you provide on the Website. Please review it to understand our practices.
You agree to inform gemsagar.com if you later become unable to enter into a contract. Such a change may allow gemsagar.com to restrict, change, or terminate this agreement at its discretion.
3. Eligibility
Our Services are available only to individuals who can form legally binding contracts under the applicable laws of India and their country of residence. This means, for example, that minors (typically those under 18) or members who have been temporarily or indefinitely suspended from gemsagar.com are not permitted to use our Services. By using the gemsagar.com website, you confirm that you have the right, authority, and capacity to enter into this Agreement and to abide by all its terms and conditions.
4. Non-Commercial Use
The gemsagar.com Website is for the personal use of individual members and cannot be used for any commercial purposes, unless you are registered and approved as an ‘Affiliate’ of gemsagar.com. This includes providing links to other websites, whether they compete with gemsagar.com or not.
Illegal and/or unauthorized uses of the Website, including unauthorized framing or linking to the Website, will be investigated. Appropriate legal action will be taken, including, but not limited to, civil, criminal, and injunctive remedies. gemsagar.com will be entitled to recover from you (and your successors, heirs, assigns, etc.) any profit, revenue, or benefit you have gained, received, expected, or will receive from unauthorized use of this site, plus a penalty of 50% of such profit/revenue/benefit.
5. Membership Privileges
Your membership is for your personal use only. It cannot be assigned, transferred, or licensed for use by any other person or entity. Members are advised to make thorough inquiries before acting on any service advertisement. Our Website does not endorse or guarantee the claims and representations made by advertisers. Your membership at gemsagar.com is solely for your personal use; you may not authorize others to use your membership, nor may you assign or transfer your account to any other person or entity.
6. Term and Termination
This Agreement will remain in full effect as long as you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time by informing gemsagar.com in writing. If you terminate your subscription, you will not be entitled to a refund of any unused subscription fees or access to digital content or reports purchased through gemsagar.com.
gemsagar.com may terminate your membership and/or subscription by sending notice to the email address you provided during registration, or any other email address you later provide. If gemsagar.com terminates your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding account termination are at the sole discretion of gemsagar.com. gemsagar.com is not required to provide you notice before terminating your membership and/or subscription, and may be prohibited from disclosing a reason for the termination of your account.
Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
7. Right to Form Consortium/Associates
While providing services, gemsagar.com may outsource any part of its services to any competent person or organization, with or without disclosing it to you. However, your membership rights and responsibilities remain solely with gemsagar.com and not with such persons or organizations.
8. Proprietary Rights
a) gemsagar.com owns and retains all proprietary rights in the gemsagar.com website and the gemsagar.com Service. The Website contains copyrighted material, trademarks, and other proprietary information belonging to gemsagar.com and its licensors. Except for information in the public domain or for which you have explicit permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Any such action or attempted action on your part will be a violation of this Agreement, and your membership may be terminated immediately by gemsagar.com without a refund of any unused Subscription fees.
b) Content, advice, opinions, statements, offers, or other information made available through the gemsagar.com Service or the gemsagar.com Website, but not directly by gemsagar.com, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for their content. gemsagar.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will gemsagar.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members. Any advice, opinions, or other information or content provided directly by gemsagar.com through the Advice Section, User Forum, or Community Forum should not necessarily be relied upon. We recommend you consult a certified professional for any such advice, option, or information. Under no circumstances will gemsagar.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
9. Content Posted By You
a) You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service or the Website, or transmit to other Members. You will not post or transmit to other Members any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading, or false information to the Company or to any other Member. If information provided to gemsagar.com, or another Member, subsequently becomes inaccurate, misleading, or false, you will promptly notify gemsagar.com of such change. gemsagar.com reserves the right to verify the authenticity of Content posted on the Site. In exercising this right, gemsagar.com may ask you to provide any documentary or other form of evidence supporting the Content you post on the Site. If you fail to produce such evidence, gemsagar.com may, in its sole discretion, terminate your Membership without a refund.
b) You understand and agree that gemsagar.com may review and delete any content, messages, photos, or profiles (collectively, “Content”), in each case in whole or in part, that in the sole judgment of gemsagar.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of either gemsagar.com and/or its Members.
c) By posting Content to any public area of gemsagar.com, you automatically grant, and you represent and warrant that you have the right to grant, to gemsagar.com, its affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by gemsagar.com will not infringe or violate the rights of any third party.
d) The following is a partial list of the kind of Content that is illegal or prohibited on the Website. gemsagar.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
i) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; ii) harasses or advocates harassment of another person; iii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; iv) promotes information that you know is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous; v) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; vi) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); vii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and x) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e) Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
f) You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although gemsagar.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
g) All information you include in your Member profile must be accurate, current, and complete.
10. Prohibited Activities
gemsagar.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
a. You will not impersonate any person or entity. b. You will not “stalk” or otherwise harass any person. c. You will not send “abusive, obscene, or sexually oriented” message(s) to other members. d. You will not express or imply that any statements you make are endorsed by gemsagar.com without our specific prior written consent. e. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. f. You will not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. g. You will not remove any copyright, trademark, or other proprietary rights notices contained in the Service. h. You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the Website. i. You will not post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. j. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service. k. You will not “frame” or “mirror” any part of the Service or the Website without gemsagar.com’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to gemsagar.com or the Service or the site in order to direct any person to any other website for any purpose. l. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
11. Disclaimer of Warranties and Limitation of Liabilities
YOUR USE OF THE GEMMUNI.COM SERVICE IS AT YOUR SOLE RISK.
PLEASE NOTE THAT THIS CONTRACT STRICTLY LIMITS OUR LIABILITY AND GEMMUNI.COM DOES NOT PROVIDE WARRANTIES FOR THE SERVICE. THE CONTRACT ALSO LIMITS YOUR REMEDIES.
a) GEMMUNI.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
c) LIMITATION ON LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT GEMMUNI.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GEMMUNI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
d) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GEMMUNI.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GEMMUNI.COM, FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
12. Modifications to Service
gemsagar.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that gemsagar.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
13. Disputes and Applicable Law
If there is any dispute about or involving the Site and/or the Service, by using the Site, you unconditionally agree that all such disputes and/or differences will be governed by the laws of India and shall be subject to the exclusive jurisdiction of the Competent Courts in Delhi, India only.
14. Indemnity by You
You agree to indemnify and hold gemsagar.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
15. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
16. Dealing with Advertisers
Any of your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that gemsagar.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
17. Other
This Agreement contains the entire agreement between you and gemsagar.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You are obligated to report any misuse or abuse of the site. If you notice any abuse or misuse of the site or anything that is in violation of this Agreement, you shall forthwith report such violation to gemsagar.com by writing to Customer Care. On receipt of such a complaint, gemsagar.com may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation, abuse, or misuse without any refund of subscription fee. Any false complaint made by a member shall make such member liable for termination of his/her membership without any refund of the subscription fee.
Please contact customer service with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.