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Terms of Services
All users are required to read the registered Terms of Service applicable for GemTradeNet.com. These terms and conditions describe the rules and regulations to be observed by each and every user of the GemTradeNet.com website, identified by the uniform resource locator www.gemtradenet.com. All agreements and terms have to be accepted and strictly followed by all users of the GemTradeNet.com e-Commerce network.
Terms of Service Acceptance and Application
• For purposes described in this agreement a “user” can be defined as any person who accesses the website for any reason, irrespective of whether the user is a registered user of GemTradeNet.com or whether he/she has specifically paid for certain premium services and features provided by GemTradeNet.com. Any person using this website or any legal entity which may be represented by any such user under legal or civil authority is included within these defined parameters constituting a user.
• On accessing and using this site you agree to the Terms of Service mentioned in this agreement, and you shall abide by and be accountable through these terms and conditions when it comes to access and use of this website as well as any future modifications, changes or upgrades on this website. Thereby if these terms and conditions are unacceptable to you, then please desist from using this website.
• This Terms of Service agreement is applicable to all premium and additional services provided by GemTradeNet.com, and in the event of any dispute arising due to inconsistency of any of the terms with the respective premium services, GemTradeNet.com reserves its right to resolve any such conflict and inconsistency with a view towards being favorable to GemTradeNet.com, its associates and affiliates. In the event that such disputes cannot be resolved the terms and conditions applicable to such specific premium services shall be enforced.
• GemTradeNet.com may modify or make changes to this Terms of Service agreement at any time provided the new and modified agreement is posted on the website. The subsequent posting of any modified Terms of Service and your continued use of the website will be deemed as your acceptance of the modified terms and conditions. This Terms of Service agreement cannot be modified in any other form, except if written by an authorized officer of GemTradeNet.com.
Registered / Premium User Services
• GemTradeNet.com allows free access and use of certain features to all users. However, GemTradeNet.com reserves the right to restrict access of certain services and features to specific paying users who have qualified to use these premium services after a separate registration process.
• GemTradeNet.com reserves the right to deny permission or access rights for premium services and features to any user, for protection of the interests of the website, its affiliates, associates and partners.
• All GemTradeNet.com users have to agree to and maintain that they will not plagiarize, copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings displayed on GemTradeNet.com with the intention of distributing or selling the content, group mailing, or conducting and operating a business that is in direct competition with GemTradeNet.com. Any attempts made to remove data or content from this site for the sole purpose of compiling or creating separate databases either directly or through other online mediums is strictly prohibited and subject to written approval from GemTradeNet.com. Any additional use of material displayed on the website, not deemed permissible under the terms mentioned in this agreement is also prohibited.
• GemTradeNet.com does not assume responsibility for any of the additional third party content displayed by either paid affiliate partners or registered/unregistered anonymous users. GemTradeNet.com and any of its partners, officers, or employees, are devoid of any commercial or business relationships with any of the third party content providers, deemed by the display of third party content on the website. GemTradeNet.com does not undertake any responsibility for the accuracy, authenticity, or reliability of the third party content posted on the website, and thus will not be subject to any liabilities from the reliance of users on such content. GemTradeNet.com is not responsible for and shall not be liable to any person for any damage resulting from any individual users, conduct and behavior.
• GemTradeNet.com allows users to access content, products or services from third party websites by displaying banners, text links or channels leading to such websites. This access is under the acknowledgment and understanding by the user that he/she has carefully read the Privacy Policy and/or the Terms of Service of all such third party websites before accessing or using them. The user also acknowledges the fact that GemTradeNet.com is not responsible and does not survey or have any control over third party websites, and thus cannot be held liable by anyone for any such content, products or services directed through the GemTradeNet.com network.
• Dissemination of information through the tools and features provided on GemTradeNet.com, by means of fax, email or mailed letters by making use of contact details obtained from the website shall not include any of the references or materials mentioned in section 3 (Posting Content & Information).
• GemTradeNet.com reserves the exclusive right to effect any changes to the website features, contents and change or allow different features for different users with or without prior notice. Each user should be aware and acknowledge the fact that any disruptions or disturbances which result in limited or no access to the website may or may not have an adverse effect on their business. All users thereby have to abide by the Terms of Service stating that GemTradeNet.com will not in any manner be held liable by any user or third party website due to an error, or disruption resulting in limited or no access to the website, owing to communication delays, unprecedented errors or malfunctioning, and causing any damage either directly or indirectly due to an inability to access the website and use its features.
• GemTradeNet.com does not allow for any user to evaluate, implore or deride the software and computer network systems used or displayed on the website. All users are prohibited against any form of unauthorized access of the software and computer networks systems being used by GemTradeNet.com.
• All users have to read the Privacy Policy which undertakes the responsibility of protecting and diligently using each user's information, collected and compiled by GemTradeNet.com. Every user has to understand and accept the Privacy Policy together with any future additions and amendments. GemTradeNet.com reserves the right to effect changes to the Privacy Policy from time to time, with the acknowledgment that any updated version shall be made available on the website after any such change. The user's continued use of the website shall be deemed as acceptance of the Privacy Policy displayed on the website at that particular time.
• Each user has to acknowledge the fact that his/her valued user status on GemTradeNet.com will be under the solemn guarantee that there will be no attempt made at any point of time to deter the Intellectual Property rights of any other entity directly or indirectly associated with GemTradeNet.com. GemTradeNet.com reserves the right to dissolve membership or terminate the user status or accounts of any such users who involve themselves in copyright infringement or intellectual property rights violation of any kind. GemTradeNet.com will proceed to terminate the account of any such users, whether it is a case of copyright violation or infringement of the rights of other members, users, affiliates and related parties, by using the services provided on GemTradeNet.com. GemTradeNet.com can terminate the account of any user whose conduct is found to be detrimental or adversely affecting the business objectives of any other user, affiliates or any related parties, as observed and found by the website with or without any reason.
• All users who have filled out the online application form and furnished details such as name, address, telephone numbers, fax, business details, email address etc, will be deemed registered users of GemTradeNet.com. Each registered user will be assigned a unique user ID and password for accessing their respective user accounts.
• GemTradeNet.com may provide an email account through the user accounts, which will have limited storage and additional features. Each user shall bear sole responsibility for all possible users, and content of all email message communication through this account, and shall be held liable for the consequences of any such message.
• Any registered users representing a business operation have to acknowledge the fact that he/she has the right to make the business entity conform to these Terms of Service. The address details provided during registration should be according to the original place of operations for the individual or the business, and all other information submitted during the registration process has to be accurate and complete with all the current updated details. To ensure that the above terms are met, any branches or subsidiaries will not be considered as separate business ventures, and the Head Office or main business entity will be considered as the mainstay.
• All users should acknowledge the fact that after user registration, they have consented to and allow GemTradeNet.com to include all personal and business details in its database, and make it accessible to other users.
• GemTradeNet.com reserves the right to suspend or terminate a registered user's account with a maximum period of notice not exceeding 24 hours. GemTradeNet.com will not be liable for informing or giving a notice if it deems that inaccurate, incomplete or incorrect information has been provided by the registered user, the registered user has not abided by the Terms of Service and Privacy Policy of the website, or any such scenario whereby GemTradeNet.com believes that corresponding actions by a registered user may cause financial losses or liability to other registered users, affiliates, partners or GemTradeNet.com itself.
• All registered users shall not in any way make use of their email accounts to propagate spam, chain mails, or junk mail of any kind or participate in sending obscene, vulgar, abusive, harassing or unlawful and objectionable messages of any type or nature. The registered user shall not use his/her email account to promote or communicate any form of advertisement or content which propagates hatred, indecency, anger, obscenity, vulgarity and which causes misunderstandings, discrimination, abuse or racial violence.
• GemTradeNet.com reserves its right to terminate the account of any registered user who attempts to sell, offers, gives or assigns/transfers ownership of an account, together with the account details, such as user ID and password, without prior consent from GemTradeNet.com. GemTradeNet.com may suspend or terminate the active status of a registered user or any such entity to which ownership has been transferred, as a sale, a gift or an offer directly violating the terms mentioned in this agreement.
• Keeping in mind all the terms stated above, GemTradeNet.com reserves the right to deny registration, and disallow opening of user accounts and/or email accounts, together with the user ID and password for any user with or without any reason.
Posting Content and Information
• Only registered users of GemTradeNet.com can post their content, information, or views by using the add/edit or submit tools accessible only to registered users.
• GemTradeNet.com does not have any sales or commercial relationships with any of its users, and there are no business relations established between users and any of its affiliates, employees, or partners on account of user information being displayed on the website.
• Every registered user consents to and agrees to provide accurate and complete updated information, and undertake steps to maintain and add/edit information to keep it current, complete and accurate when displayed on GemTradeNet.com. GemTradeNet.com thus has been granted an irrevocable, continuing, global and commission-free multi-tier and single-tier license to display and use all the information as provided and agreed upon within the parameters stated within the Terms of Service, and to take steps to make use of the copyright, publicity and data sharing rights available in this information, in any media format, known or unknown.
• All users have to conform, and agree that for any content or information they post on the website or provide to GemTradeNet.com to display, they have obtained all necessary third party permissions and patent licenses, copyright, trademark trade secret or other licenses or permissions which are required by any other personal or proprietary rights of any third party, which would include but not be wholly limited to personality or rights to privacy. "Third party rights" can thus be defined as all necessary third party permissions and patent licenses, copyright, trademark trade secret or other licenses or permissions which are required by any other personal or proprietary rights of any third party, which would include but not be wholly limited to personality or rights to privacy. All users thereby have to conform to the terms and agree that all responsibility for content or information posted on the site or provided to GemTradeNet.com or allowing GemTradeNet.com to display does not, violate any third party rights, and is/or includes permission from the owners of such materials. All users thereby conform to the terms that they have the right to manufacture, import, sell, distribute all such content and information posted or displayed on GemTradeNet.com, and that this in no way violates any third party copyrights or patents.
• All users shall conform to and agree that any content or information posted on, or provided to GemTradeNet.com, shall not in any manner:
• Have incorrect information or fraudulent data, and involve false offers or sales of goods and services which are deemed to be stolen or have been prohibited from being marketed or sold, or any other such attempts to propagate illegal activities.
• Be involved in false and illegal schemes to cheat or dupe other users on the website for any illegal purpose.
• Be related to any sales or marketing offers which violate third party copyrights, patents and permissions, and trademark licenses, or unlawfully encourage the infringement of third party rights.
• Be involved in violation of any applicable law, government regulations, ordinances or rules, which are related to consumer rights, incorrect advertising, unfair practices and/or government import/export control regulations.
• Be related to any sales or marketing offers which violate third party copyrights, patents and permissions, and trademark licenses, or unlawfully encourage the infringement of third party rights.
• Be involved in violation of any applicable law, government regulations, ordinances or rules, which are related to consumer rights, incorrect advertising, unfair practices and/or government import/export control regulations.
• Be derogatory, inflammatory, insidious, threatening or unlawfully harassing.
• Be involved in peddling pornographic materials, or aiding and abetting proliferation of sex related merchandise, material or content which is potentially harmful to minors.
• Be promoting hatred and discrimination based on race, nationality, religion, sex, disability, or age.
• Be involved in any form of unauthorized and illegal or unlawful forms of promotion or advertising which will violate or infringe the personal rights of other individuals or invade the privacy of other users, and which would result in a criminal offense, amounting to civil procedures and/or violation of government rules and regulations.
• Be involved in or promote any commercial or business activity with other users which directly or indirectly compete with GemTradeNet.com.
• Be linked to or contain any computer viruses, worms or malicious codes which can destroy or damage, or propagate data which interferes with or brings down the effectiveness of software systems, hardware or personal data bases and information.
GemTradeNet.com reserves the right to remove any material, content or information from the site, which it deems to be unlawful, violates the terms mentioned in this agreement, or which exposes the website and its partners and associates to liability. GemTradeNet.com reserves the right to extend full co-operation to all private parties, including governmental authorities, and/or affected third parties in investigations leading into criminal offenses or unlawful conduct. Thereby GemTradeNet.com will provide legal or civil authorities with a user's personal identity and contact information, as required by the law of the land or legal obligations. GemTradeNet.com will not be liable for any damages resulting from the above and thus users agree not to press any claims or liability against GemTradeNet.com for the above disclosure. To conform to the terms mentioned in this section GemTradeNet.com maintains the sole discretion to terminate or suspend the account of any user which may have a connection with any of the foregoing. All users agree to the fact that they will not hold GemTradeNet.com liable for any damages or liabilities as a result of the actions sought to be taken under this section, and that all users conform to and agree that they will undertake the risks associated with any such actions that may be taken by GemTradeNet.com under the purview of this section.
Buyer and Seller Transactions
• GemTradeNet.com undertakes the responsibility of providing an electronic online web-based platform to enable buyers and sellers to exchange information on products and services. GemTradeNet.com will under no circumstances be representative of either the buyer or the seller. On this account GemTradeNet.com does not guarantee or have authority and control over the quality, legality, safety and availability of products and services on sale and also on the ability of sellers to complete a sale or that of buyers to complete a purchase.
• GemTradeNet.com wishes to make its users aware of the fact that there may be associated risks involved in dealing with other users who are working under false information. Identity and information verification of user details over the internet is very difficult, and GemTradeNet.com uses several tools to verify details of registering users, but cannot confirm or verify the details and credentials of every user. All users are recommended to utilize the different tools provided on the website to verify the details of other users or in general use their intuitive ability to ascertain and evaluate other users.
• All users agree and conform to the fact that they accept the risks associated with purchase and sale transactions on the website and assume sole responsibility for any damages or liability caused hereafter due to such transactions on GemTradeNet.com. These risks can be defined within these following parameters, but cannot be wholly limited to, poor quality issues, fraud, incorrect specifications, inaccurate representation of products and services, defective products, illegal or unlawful products, payment defaults, cost mis-calculations, breach of warranty, breach of contract and logistical accidents. The risks involved also include the risks that the display, use, sale, purchase, import, export of products and services done at the expense of violation or infringement of third party rights, together with the risk that the user (buyer or seller) may have to face in the event of indemnification or liability claims pressed forward by such third party rights claimants. These risks also cover the liability and damage claims made by end users, consumers, buyers and purchasers due to injury, harm or suffering caused by transactions and purchases made on the website. All users agree to the fact that all these risks are “transaction risks” and that under no circumstances will GemTradeNet.com be liable or undertake responsibility towards any damage, expenditure, costs, business inconveniences or liabilities which arise as a result of these transaction risks.
• All users agree that they are solely responsible for all of the terms of transactions conducted through GemTradeNet.com, which shall not be limited to, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
• All users agree that for any disputes with other parties due to transactions on GemTradeNet.com, there will be no claim or liability pressed on either GemTradeNet.com or any of its partners, affiliates, employees, agents, directors or officers, including all claims arising out of legal proceedings, damage control, costs, expenses, without limitation to specific, consequential, actual or special transactions on GemTradeNet.com.
Limitation of Liability
• For the features and services provided on GemTradeNet.com, GemTradeNet.com disclaims any warranties, either expressly or implied and which will include but not be limited to warranties of quality, condition, performance, reliability, efficiency and suitability for a particular purpose. Any such terms, warranties, conditions, undertakings and representations are therefore excluded from this agreement.
• GemTradeNet.com does not offer any sort of warranty or terms with respect to the quality, consistency, reliability, completeness and correctness of content, features or information provided on or through the website. All activities concerning manufacturing, sale/purchase, importing, offer, display, and distribution of products and/or services on GemTradeNet.com, are not in any way represented or come under a warranty of any sorts from GemTradeNet.com regarding possible third party rights violation, and in addition there are no representations or warranties of any kind for any products or services displayed on the website.
• All users consent and agree to that fact that any content, features or material downloaded or obtained from the website is the sole responsibility of the user, and any damage or data loss caused to the users computer systems will be attributed as a risk taken under the sole discretion of the user. Thus under no condition will any material, or content obtained by the user from the website come under any terms of warranty unless expressly stated.
• All users agree that GemTradeNet.com will not be liable for any claims made for any disruptions, delays or failure of the content or services displayed through the site amounting from direct or indirect natural phenomena, forces or causes beyond its reasonable control, which will include but are not limited to, internet disruptions, connectivity, computer, telecommunications or any other hardware failures, electrical power surges, labor strikes, labor disputes, riots, insurrections, civil disturbances, shortage of materials, fires, flood, storms, explosions, acts of God, war, governmental actions, legal actions, domestic or foreign tribunal judgments or non-performance and non-compliance of third party partners and associates.
• All users hereby agree to redeem and secure GemTradeNet.com, its affiliates, directors, officers and employees, from all claims, losses, liabilities, legal costs which may happen due to such a user's use of the website which will include but not be limited to the display of such user's information on the site or from its violation of any of the terms and conditions of this Agreement. All users hereby further agree to redeem and secure GemTradeNet.com, its affiliates, directors, officers and employees, from all claims, losses, liabilities, legal costs which may happen due to any user's violation of any representations and warranties made by user to GemTradeNet.com, which will include but not be limited to those terms set forth above. All users hereby further agree to redeem and secure GemTradeNet.com, its affiliates, directors, officers and employees, from all claims, losses, liabilities, legal costs which may happen, as a result of any claims sought by third party rights claimants or other third parties owing to products/services offered or displayed on the site. All Users hereby further agree that GemTradeNet.com does not undertake any responsibility and will not be liable to any claims, for any material, content or features posted by others, including defamatory, offensive or illicit material and the risk of damages associated with such malicious postings lies entirely with each user. GemTradeNet.com reserves the right to undertake the exclusive defense and control of any issue, at its own expense, subject to security assurance by you, in which event you shall assist with GemTradeNet.com in managing and undertaking any available defenses.
• GemTradeNet.com declares that it will not undertake the responsibility for any liability claims, whether it be special, exclusive, direct, indirect, punitive, coincidental or consequential damages or any damages whatsoever which will include but not be limited to damages incurred for business obstacles, loss of profits or savings, loss of data, business operational issues, whether it be in contractual liability, negligence, strict liability or any other issues originating with the following:
• The accessibility and use of the site or inaccessibility of the website.
• Purchase or transaction of defective goods, information, data, services and features from other users or any third party service provider on the website.
• Third party rights violation or claims to assert that the users display, distribution, sale, offer, purchase and/or use of products and services on the website is in direct violation of third party rights, or in addition any claims made by users to notify that they are eligible for defense or security in terms of claims or demands asserted by third party rights claimants.
• User details and information being accessed unlawfully and unauthorized sharing of private data of users by third parties.
• The overall behavior and personal conduct of any particular user on the website.
• Matters and issues attributed to negligence, related to premium services subscribers.
Intellectual Property Rights
• All the content and rights to the website are under the lawful license and sole ownership of GemTradeNet.com. The content, features and the website are all protected under international copyright and other laws being grouped and protected under trade secrets and intellectual property rights. The title, ownership and license of all GemTradeNet.com content and features shall remain with GemTradeNet.com, its affiliates, partners and associate licensees as it occurs. GemTradeNet.com hereby reserves all rights not mentioned in this agreement or claimed under these terms.
• “GTN”,“GemTradeNet.com”, and other related features, logos and icons are registered trademarks or trade secrets or service marks of GemTradeNet.com and are protected under the jurisdiction of copyright, trademark, and intellectual property rights applicable both domestically and internationally under various proprietary laws and rulings. Any form of unauthorized plagiarism, modification, use, publication and copying of these features is strictly prohibited.
General Terms & Conditions
• Both the user and GemTradeNet.com are independent entities, and there is no existence of any sales agency, contractual, joint venture, MOU, franchisor-franchisee, employer-employee relationships of any sort or kind in this agreement.
• If any of the terms mentioned is ineffective and cannot be used, such terms will be discounted and all other terms will be enforced.
• The headings for each section are strictly used for reference only, and will not under any circumstances describe or define the scope, extent, limit and parameters of any section.
• GemTradeNet.com's failure to exercise certain terms in the event of any violations by a user under these Terms of Service will not result in these terms being waived or in turn prevent GemTradeNet.com using these terms for any future violations of similar nature.