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User Agreement

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000, AND RULES THEREUNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011, THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE WWW.GEMKONNECT.COM WEBSITE.

WELCOME TO OUR WEBSITE. GIVEN HEREIN ARE THE TERMS OF USE FOR ALL VISITORS AND USERS OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE AGREEING TO THESE TERMS AND ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH GEMKONNECT INFOCOM PVT. LTD., 535, PANCHRATNA, OPERA HOUSE, MUMBAI 400002 MAHRASHTRA, INDIA.

DO NOT ACCESS THE WEBSITE IF YOU DO NOT AGREE WITH THE GIVEN TERMS. BY PROVIDING YOUR REGISTRATION DETAILS, YOU ARE AGREEING WITH THE TERMS OF USE AND PRIVACY POLICY AND ALSO ARE ALLOWING THE SITE AND ITS AFFILIATE SITES TO INCLUDE YOUR DETAILS IN ITS DATABASE. YOU ARE BOUND BY THESE TERMS EVEN IF YOU ARE A VISITOR BROWSING THIS WEBSITE. GEMKONNECT.COM MAY CHANGE THESE TERMS AND CONDITIONS AT ANY MOMENT WITHOUT ANY NOTICE OR ASSIGNING ANY REASON WHATSOEVER.

 

DEFINITIONS

We”, “Us”, “Our”, shall mean gemkonnect.com (or any other domain redirected to gemkonnect.com whether owned or not owned by GEMKonnect Infocom Private Limited.)

“Terms”, “Terms and conditions”, “Policy”, “T&C” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our website. The same may be altered by us without any due notice or without assigning any reason whatsoever.

“You”, “Your”, “User” refers to the user of the website. “User” is anyone who is visiting, accessing or browsing the website gemkonnect.com

  • refers to the service being offered by gemkonnect.com
  • refers to any article being displayed, sold, auctioned on the website.
  • shall mean gemkonnect.com (Or any other domain redirecting to gemkonnect.com as long as it is owned by  GEMKonnect Infocom Private Limited)
  • refers to any text, image, graphic, video, audio, location or all forms of data uploaded or created on the website by a user or by GEMKonnect Infocom, including its News Service.

“Your Content” refers to any content submitted by way of registration or submission of reviews, comments, posts or messages or data through any forms, in connection with the Site.

“Third Party” refers to any person other than the “User” or the “Website”

“Soliciting Party” refers to any party soliciting clients or customers for any Product or service on the website.

 

ELIGIBILITY

Use of the website is limited to parties that lawfully can enter into and form contracts under applicable law. To register, you must provide your true and correct information as requested while registering.

 

PURPOSE

gemkonnect.com is a comprehensive news, information, communication and networking system for the global gem and jewellery industry. The site envisages connecting the global gem and jewellery industry through an online platform which may include but not be limited to a website and a Mobile Application.

gemkonnect.com has a two tier membership consisting of a “Free” membership plan and a “Paid”membership plan. The rights and facilities conferred on any of these are at the sole discretion of the website, and may change without notice.

 

DISCLAIMER

The portal shall not in any way be responsible for any liability or injury, in contract or in tort that arises out of solicitation of buyers/clients or any contractual arrangement whatsoever that arises between the users themselves as a result of the use of this website.

 

USER TERMS

THE FOLLOWING TERMS AND CONDITIONS ARE MEANT FOR ENTITIES WHO ARE WILLING TO BROWSE, REGISTER MEMBERSHIP, UPLOAD COMMENTS AND PUBLISH  ON THE WEBSITE AS A “USER”

5.1 The user admits to using the site of his or her own volition, and not out of any force, coercion or any act of like nature.

5.2 The website shall only act as a platform to connect the global jewellery industry through an online portal which may include but not be limited to a website and a Mobile Application.

5.3 The user shall be obligated to create all content on the website as per the “User Content Generation Guidelines” given herewith.

5.4 Any liability arising against the user out of writing content outside the purview of “User Content Generation Guidelines”, in contract or in tort shall not be the liability or responsibility of the website.

5.5 The user shall be the sole entity responsible for any content posted on the website through their account, and indemnifies the website from any injury he sustains as a result of posting the same.

5.6 The website is not responsible for any injury, in contract or in tort, sustained by any party whatsoever as a result of another user posting anything on the website, regardless of the fact that it comes within the ambit of the User Writing Guidelines or not.

5.7 The user, posting the particular content is the sole responsible entity, for any injury or consequence of posting the content, of any nature whatsoever.

5.8 The website does not make any warranty as to the quality of the content being provided by the user.

5.9 The website shall not be responsible for any physical injury that the user may sustain as a result of any action taken by a third party as a result of posting his content on our website.

Any copyright infringement on the part of the user, cannot be held against the website.

The website makes no warranties regarding the quality or the accuracy of the content on the website and any action that such a content may provoke, regardless of the fact that the content has been posted by a user or the News Service.

 

SOLICITATION POLICY

The website allows for solicitation of clients/customers by the user as long as it is regulated under the Solicitation Policy given herein.

The website shall take no liability of any nature whatsoever, whether in contract, tort or any criminal liability arising out of any transaction resultant of any solicitation that occurs on the website.

The website shall not be liable in any way whatsoever for any injury, of any nature whatsoever sustained by a user as a result of physical interaction with another user, whether under the Free or Paid membership.

The website shall not be responsible in any way whatsoever for any injury, of any nature, sustained by the body of the person as a result of physical interaction with another user, whether under the Free or Paid membership.

The website takes absolutely no responsibility for the accuracy of any and all information, content or material particulars whatsoever given out by Soliciting Party on the website and any liability arising out of it.

The website makes no warranty as to any particular object for which clients are being solicited for to be compliant with any Certification Authority that may be mentioned by the Soliciting Party.

The website takes absolutely no responsibility for any loss sustained by any party, of any nature whatsoever as a result of any transaction with a Soliciting Party.

 

USER CONTENT GENERATION GUIDELINES

You must be at least 18 years old to use the  website.

The user shall post all content as per these guidelines, and whenever and wherever the same guidelines are not being followed by the user, the website shall reserve the right to remove the same, without assigning any reason.

No publication of any content that abuses someone, casts aspersions on the character of someone, or anything that constitutes anything apart from a “fair comment” shall be allowed.

No “posting” of any links to websites which deploy malware on a user’s website shall be allowed.

No “posting” of any content that is owned by any entity other than the user shall be permitted.

No “posting” of any content that is copyrighted by another entity shall be allowed.

No “posting” of any content available on any other online source, without due permission from this website and that source shall be permitted.

Anyone wanting any content removed shall e-mail admin@gemkonnect.com and give the website 72 hours for a fair perusal of the complaint.

A user may not post anything that is the intellectual property of another entity, without a fair permission or license to do so.

The user indemnifies the website from any liability arising out of “posting” anything that as a right is an Intellectual Property of another entity, and has been used without due permission or license.

You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content on any part of the website.

The website shall not be responsible, in any manner whatsoever for any content posted on the website that is defamatory, seditious, or inaccurate in any manner.

The user shall be the sole entity responsible for any liability arising out of “posting” anything on the website.

 

COOKIE POLICY

Cookies are small pieces of information stored in the browser cache that help the website track your behaviour.

 The website uses cookies to track the behaviour of the user.  The use of this website  authorises the use of the Cookies at all times.

The website may change its cookie policy at any time and the extent of information it gathers through the same, without prior notice, or without assigning any reason.

 

PRIVACY AND SECURITY POLICY

The user expressly gives gemkonnect.com the right to collect and gather data with respect to their transaction with the user and to use it for research and analytical purposes, so as to enhance the website’s offerings.

The website shall make all endeavours to keep the data of the user private, but undertakes no legal responsibility for the same.

The website shall not be responsible for any loss or leak of data and any liability arising out of it.

The website does not make any warranty as to the fact that the content or any material particulars mentioned on the website, including links to third party websites are free of any malware, virus, spyware etc.

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorised to create accounts on behalf of their employers or clients, we prohibit the creation of, and you agree that you will not create an account, for anyone other than yourself. You also represent that all information you provide or provided upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

You agree that you will not solicit, collect or use the login credentials of other  users.

You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you will not post private or confidential information via the website, including, without limitation, your or any other person's credit card information, national identity numbers, non-public phone numbers or non-public email addresses.

You may not use the website for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined herein), including but not limited to, copyright laws.

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the website.

 

DISCLOSURE OF INFORMATION MINING

The website mines the following data from the user, though the extent may be changed at any point without any prior notice-

  • Article viewed and time spent on each article
  • Browsing and networking behaviour of each user.
  • Other behaviour on the website which includes but is not limited to interest in events, and Email Id’s for newsletters.

 

ADVERTISING POLICY

 An entity having a “paid” account shall have the ability to post advertisements on the website.

All advertisements shall follow the User Content Generation Guidelines and obey the rules stated therein.

No false warranty or inaccurate information shall be provided on any advertisement, in any nature whatsoever.

The website shall not be responsible for any liability of any nature whatsoever arising out of a user posting an advertisement.

The website makes no warranties regarding the accuracy of information provided in an advertisement.

The “Advertising Policy” section of this document may be read in conjunction with the “Solicitation Policy” and the “User Content Generation Guidelines”.

 

TECHNICAL ISSUES

13.1 The website will not be responsible for any loss of any nature that might occur as a result of a technical fault with the website, and any consequences emerging out of the same.

13.2 The website will not be responsible for any loss of data, important information or accounts as a result of any technical fault with the website.

 

INDEMNITY

By choosing to use the website, you agree to indemnify website, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through the website; or of your use of or connection to the website; your violation of the User Agreement; or, your violation of any rights of another.

 

GOVERNING LAW

THIS SITE IS OPERATED UNDER INDIAN LAW AND WE MAKE NO WARRANTY THAT THE MATERIALS AND CONTENT ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF INDIA.  THOSE WHO CHOOSE TO ACCESS THE SITE FROM OUTSIDE INDIA DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR LOCAL LAWS, IF AND TO THE EXTENT THAT LOCAL LAWS ARE APPLICABLE.

ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN THE STATE OF MAHARASHTRA, INDIA. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND GEMKONNECT.COM WILL BE GOVERNED BY THE LAWS OF THE STATE OF MAHARASHTRA WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.

 

DISCLAIMER OF WARRANTIES

GEMKONNECT.COM AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. gemkonnect.com. may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the website, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold gemkonnect.com 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 merchants or advertisers on the gemkonnect.com website.

 

MISCELLANEOUS TERMS

No Agency

This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with gemkonnect.com

No Waiver of Rights

Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control.

Severability

If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

Notices & Governing laws

All claims regarding these Terms are governed by and construed in accordance with the laws of India, and the courts of Mumbai, India shall have the exclusive jurisdiction for all disputes pertaining to these Terms.

Dispute Resolution

Any dispute arising out of or with respect to these Terms shall be amicably resolved by and between the Parties within 7 days from the date of dispute, failing which, either Party may seek the issue to be determined by arbitration in Mumbai, India in accordance with the Arbitration and Conciliation Act, 1996 before a sole arbitrator who shall be appointed by gemkonnect.com. If any notice for arbitration from us is not acknowledged or initiation of arbitration by notice is not completed within 48 hours after the said 7 day period by you, the dispute shall deemed to be resolved with no costs to be paid by us. The language of the arbitration shall be English. The arbitration award shall be final and binding on the Parties hereto. All matters relating to such arbitration shall be maintained in confidence. Subject to Arbitration, the shall be subject to the exclusive jurisdiction of the courts in India only. When any dispute is under arbitration, except for the matters under dispute, the Parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under these Terms.

 

Any grievances, issues, queries, complaints or information that you wish to communicate to us can be addressed to us via the details provided at the CONTACT US page provided on our Website.