Terms & Conditions
Membership AgreementPLEASE READ THERE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING YOURSELF WITH Gemsandjewelrysuppliers.com
This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of the Gemsandjewelrysuppliers.com (www.Gemsandjewelrysuppliers.com) web site. This Agreement is entered into between you as the user of the Site (the "User") and Linxsmart Technologies Pvt. Ltd. ("Gemsandjewelrysuppliers.com").
1. Acceptance of Terms and Conditions
User
For use of this Agreement, a User is any individual who enters the Site for any purpose, regardless of whether the said User is registered on the site or is an individual who is paying for the Services provided by Gemsandjewelrysuppliers.com or its affiliates/associates. A User is also the one using this Site and any legal entity who may be represented by such individual under actual or apparent authority.
Terms of Use
As you start using this Site, you hereby acknowledge the terms and conditions put forward in this Agreement as a User. As a User you shall be bound by the Terms and Conditions of this User Agreement with respect to your access and use of this Site. You also agree to the Terms set forth for the Users as you upgrade, modify, add or make any further changes in the Site. If you do not agree with any of these Terms of Use of this Agreement, please do not use this Site.
Services Agreement
The Service Agreement applies to every Service (as defined in “B2B Paid Servicesâ€) in addition to any terms and conditions that may be applicable to any and all specific Service provided. However, (i) in the event of any disagreement or inconsistency between any provision of the terms and conditions that may be applicable to any or all Service and any provision of this Agreement, such disagreement or inconsistency shall (except for otherwise particularly mentioned or accepted) be resolved in a manner favourable to Gemsandjewelrysuppliers.com and/or its associates; also, (ii)only to the level that such disagreement or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Service shall prevail.
Changes to Agreement
Gemsandjewelrysuppliers.com may amend this User Agreement at any time and the amended and restated Agreement would be posted and made available on the Site. The amended and restated User Agreement shall be immediately effective upon posting. This User Agreement was last amended on November 9, 2008. Gemsandjewelrysuppliers.com’s posting of the amended and restated User Agreement and your continued use of the Site shall be considered to be the agreement of the amended Terms of Use. The User Agreement may not otherwise be amended, except for in writing by an authorized representative of Gemsandjewelrysuppliers.com.
2. Services
Access to the Site and Services
All Users can access the Site and have permission to use certain features of the Site free of cost. However, Gemsandjewelrysuppliers.com reserves the right, without prior notice, to restrict access to certain areas or features of the Site to paying Users or Users who passes through a particular registration process. Access to the Site and use of the Services is administered by additional terms and conditions under separate agreement in addition to this Agreement.
Gemsandjewelrysuppliers.com reserves the right to deny Services to any User for any reason in order to protect the interests of Gemsandjewelrysuppliers.com.
3. General Users
Use of the Site Content
General Users may access this site or use its Services for their own personal or internal purposes. Every User shall accept that it shall not copy, reproduce or download any information text, images, video clips, directories, files, databases or listings available on or through the Site (Gemsandjewelrysuppliers.com) for the purpose of re-selling or re-distributing, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Gemsandjewelrysuppliers.com, or otherwise commercially exploiting or take advantage of the Gemsandjewelrysuppliers.com Content. Any retrival of the Gemsandjewelrysuppliers.com content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) is proscribed without written permission from Gemsandjewelrysuppliers.com. Moreover, use or restructuring of the Content or materials of this Site for whatever purpose ((except for otherwise particularly mentioned or accepted) is prohibited in this Agreement.
Third Party Content
Some of the content displayed on the Site (Gemsandjewelrysuppliers.com) is posted or provided by third parties. Gemsandjewelrysuppliers.com is not the author of third party content. Third party content is either contributed by anonymous users or paid content providers. Gemsandjewelrysuppliers.com is not responsible for the accuracy, correctness, authenticity or reliability of any third party content, and shall not be legally responsible to any User in connection with such User’s trust of such third party content. Any and all third party content is the sole responsibility of the party who has posted or provided the content on the Site. Moreover, Gemsandjewelrysuppliers.com is in no way responsible for the conduct of any User’s activities on the Site. Also, Gemsandjewelrysuppliers.com shall not be liable to any person on connection with any damage experienced by any person as a consequence of such User’s behavior.
Use of Third Party Content
All Users of Gemsandjewelrysuppliers.com are allowed to access the content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to given third party sites. You are advised to read the Terms and Conditions and/or Privacy Policy of all third party sites in order to be aware of the Terms of Use of such sites. All Users agree that Gemsandjewelrysuppliers.com has no control over third party sites, and does not monitor such sites. Moreover, Gemsandjewelrysuppliers.com shall not be responsible or liable to anyone for such sites, or any content, products or services made available on such websites.
Messages Sent By Users
Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 5 below.
Access of Various Content and Features on the Site
Gemsandjewelrysuppliers.com reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change/remove any of the features or introduce new features without prior notice. Every User agrees that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Hereby, every User accepts that in no reason shall Gemsandjewelrysuppliers.com be liable to the User or any third parties for any inability to use the Site (whether due to disturbance, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
Access to Gemsandjewelrysuppliers.com Networks
All Users agree that there shall not be any schemes undertaken by the Users to undermine the integrity of the computer systems or networks used by Gemsandjewelrysuppliers.com and/or any other User and no User shall attempt to gain unlawful access to such computer systems or networks.
Privacy Policy
All Users shall read Gemsandjewelrysuppliers.com’s Privacy Policy which governs the protection and use of each User’s information in the ownership of Gemsandjewelrysuppliers.com and/or its affiliates. Each User herein accepts the Privacy Policy and any updates and amendments to that. Each User agrees that Gemsandjewelrysuppliers.com may change the Privacy Policy from time to time provided that Gemsandjewelrysuppliers.com shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.
Violation of Intellectual Property Rights
As a provision of access to and use of Gemsandjewelrysuppliers.com, each User agrees that no service of Gemsandjewelrysuppliers.com will be used to violate the intellectual property rights or other legitimate rights of others in any way. Gemsandjewelrysuppliers.com will in appropriate circumstances terminate the accounts of Users who are repeat violators of the copyrights, or other intellectual property rights, or other legitimate rights of others. Moreover, Gemsandjewelrysuppliers.com reserves the right to terminate the account of a user upon any single violation of the rights of others in conjunction with use of the Gemsandjewelrysuppliers.com service, or if Gemsandjewelrysuppliers.com believes that User’s conduct is not safe to the interests of Gemsandjewelrysuppliers, its affiliates, or other users, or for any other reason in Gemsandjewelrysuppliers.com’s sole discretion, with or without cause.
4. Registered Users
Each User who has completed and submitted a registration form either online on the Site or offline by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) to Gemsandjewelrysuppliers.com or another Gemsandjewelrysuppliers.com group company providing the relevant specific services is a registered user of the Site (a "Registered User"). An account ("Account") will be established for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
Users Email Accounts
An electronic or web-based email account with limited storage space may be assigned to the User to send or receive email. The User shall be responsible for all users and the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
The Registered User shall not use the Email Account for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, the Registered User shall not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
Users as Business Units
If the Registered User is a business unit, you signify that you have the authority to attach the entity to this Agreement; also, the address you use while registering is the principal place of business of such business unit; furthermore, all other information submitted to Gemsandjewelrysuppliers.com and its affiliates during the registration process is true, accurate, current and complete. To fulfill the purposes of this provision, a branch or representative office will not be considered a separate business unit and its principal place of business will be considered to be that of its head office.
User Information
As a Registered User, you agree to the inclusion of your personal data in our Global B2B Database and authorize Gemsandjewelrysuppliers.com and its affiliates to share such information with other Users.
User Termination
Gemsandjewelrysuppliers.com or its affiliates may postpone or terminate a Registered User’s Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (i) in Gemsandjewelrysuppliers.com’s view, there is any breach of the conditions of this Agreement by the Registered User; or (ii) Gemsandjewelrysuppliers.com has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (iii) Gemsandjewelrysuppliers.com believes that the Registered User’s actions may cause financial loss or legal liability to such Registered User, Gemsandjewelrysuppliers.com’s other Users, or Gemsandjewelrysuppliers.com or its affiliates.
Sale/Transfer of Account to Third Party
A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of Gemsandjewelrysuppliers.com. Gemsandjewelrysuppliers.com may postpone or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
Denial of Registration or Issuance of Account Information
Gemsandjewelrysuppliers.com may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason.
5. Content Posting on the Site
Posting Content on the Site
You must be a Registered User in order to post information on the Site using the User Control Panel (My Account) and edit tools provided through the Site. Your status as a Registered User is governed by the provisions of “Registered User†section above and any terms and conditions applicable to the relevant Service.
Relationship between User and Gemsandjewelrysuppliers.com
There is no sales agency relationship is created between any User and Gemsandjewelrysuppliers.com, our affiliates, directors, officers or employees by virtue of Gemsandjewelrysuppliers.com’s display of any of the User’s information on the Site.
Information Posted
Every User hereby represents, warrants and agrees to (i) provide Gemsandjewelrysuppliers.com with true, accurate, current and complete information to be displayed on the Site and (ii) maintain and amend all information without any delay to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, authority to Gemsandjewelrysuppliers.com to display and use all information provided by such User in line with the purposes put forward in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
Every User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark, trade secrets or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to Gemsandjewelrysuppliers.com or authorizes Gemsandjewelrysuppliers.com to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights." Every User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Gemsandjewelrysuppliers.com or authorizes Gemsandjewelrysuppliers.com to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Every User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import, export and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation, export and/or distribution of those products violates no Third Party Rights.
Information Submitted to Gemsandjewelrysuppliers.com
Every User hereby represents, warrants and agrees that information submitted to Gemsandjewelrysuppliers.com for display on the Site shall not:
- contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- be part of a scheme to deceive other Users of the Site or for any other illegal purpose;
- relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
- impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- be defamatory, libelous, unlawfully threatening or unlawfully harassing;
- be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
- solicit business from any Users in connection with a commercial activity that competes with Alibaba.com;
- contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Agreement;
- breach any provision in the Product Listing Policy;
- Otherwise create any liability for Gemsandjewelrysuppliers.com or its affiliates/partners.
Materials Displayed on the Site Policy
Gemsandjewelrysuppliers.com reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject Gemsandjewelrysuppliers.com to liability, violates this Agreement or is otherwise found inappropriate in Gemsandjewelrysuppliers.com’s opinion. Gemsandjewelrysuppliers.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, Gemsandjewelrysuppliers.com may disclose the User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Gemsandjewelrysuppliers.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Gemsandjewelrysuppliers.com for such disclosure. In connection with any of the foregoing, Gemsandjewelrysuppliers.com may suspend or terminate the Account of any User as Gemsandjewelrysuppliers.com deems appropriate in its sole discretion. User agrees that Gemsandjewelrysuppliers.com shall have no liability to User, including no liability for consequential or any other damages, in the event Gemsandjewelrysuppliers.com takes any of the actions mentioned in this Section, and that User agrees to bear the risk that Gemsandjewelrysuppliers.com may take such actions.
6. Buyers and Suppliers Policy
Transactions on Gemsandjewelrysuppliers.com
Through the Site, Gemsandjewelrysuppliers.com provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. Gemsandjewelrysuppliers.com does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, Gemsandjewelrysuppliers.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
User Verification
Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Gemsandjewelrysuppliers.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Gemsandjewelrysuppliers.com cannot and does not confirm each User’s purported identity (including, without limitation, TrustStamp Members and Gold Members). We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
Transactions Threats
Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Threats". Each User agrees that Gemsandjewelrysuppliers.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Threats.
Transactions and User Responsibility
Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
Transaction Disputes
In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Gemsandjewelrysuppliers.com(and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
7. Limitation of Liability
Features and Services on the Site
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND Gemsandjewelrysuppliers.com HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
Liability of Information Displayed on the Site
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Gemsandjewelrysuppliers.com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, Gemsandjewelrysuppliers.com DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND Gemsandjewelrysuppliers.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
Liability/Limitation of Downloaded Materials
Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from Gemsandjewelrysuppliers.com or through or from the Site shall create any warranty not expressly stated herein.
Delay or Failure in Service Due to Uncontrolled Circumstances
Under no circumstances shall Gemsandjewelrysuppliers.com be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Liability of Content Posted on the Site
Each User hereby agrees to indemnify and save Gemsandjewelrysuppliers.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Site (including but not limited to the display of such User’s information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save Gemsandjewelrysuppliers.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to Gemsandjewelrysuppliers.com, including but not limited to those set forth in Sections 5 above. Each User hereby further agrees to indemnify and save Gemsandjewelrysuppliers.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Gemsandjewelrysuppliers.com is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Gemsandjewelrysuppliers.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Gemsandjewelrysuppliers.com in asserting any available defenses.
Liability of Possible Damages Due to Unknown Reasons
Gemsandjewelrysuppliers.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
- the use or the inability to use the Site;
- any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
- violation of Third Party Rights or claims or demands that Users’ manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- unauthorized access by third parties to data or private information of any User;
- statements or conduct of any User of the Site; or
- any matters relating to Services however arising, including negligence.
8. Intellectual Property Rights
Gemsandjewelrysuppliers.com is the sole owner or lawful licensee of all the rights to the Site and the Gemsandjewelrysuppliers.com Content. The Site and Gemsandjewelrysuppliers.com Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Gemsandjewelrysuppliers.com Content shall remain with Gemsandjewelrysuppliers.com, its affiliates or licensors of the Gemsandjewelrysuppliers.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by Gemsandjewelrysuppliers.com are hereby reserved.
9. Notices
All notices or demands to or upon Gemsandjewelrysuppliers.com shall be effective if in writing and shall be duly made when sent to Gemsandjewelrysuppliers.com in the following manner: to Gemsandjewelrysuppliers.com, 3rd Floor, NSIC-STP Extension., Administrative Block, NTSC, Okhla Industrial Estate, Phase III, New Delhi-110020.
All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Gemsandjewelrysuppliers.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when
- Gemsandjewelrysuppliers.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
- Immediately upon Gemsandjewelrysuppliers.com’s posting such notice on an area of the Site that is publicly accessible without charge.
10. General
- Subject to any additional agreements relating to Services, this Agreement and the Privacy Policy constitute the entire agreement between the User and Gemsandjewelrysuppliers.com with respect to and governs the use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.
- Gemsandjewelrysuppliers.com and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- Gemsandjewelrysuppliers.com’s failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right nor waives Gemsandjewelrysuppliers.com’s right to act with respect with subsequent or similar breaches.
- Gemsandjewelrysuppliers.com shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement and in any agreement relating to Services to any person or entity (including any affiliates of Gemsandjewelrysuppliers.com). The User may not assign, in whole or part, this Agreement to any person or entity.
- This Agreement shall be governed by the laws of the New Delhi (India) Special Administrative Region ("New Delhi, India") without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of New Delhi.
- If there is any difference between the English version and another language version of this Agreement, the English language version shall prevail.
