Terms and Conditions
1. Electronic Agreement
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. By accessing the website or becoming a member, you consent to receive communications from us electronically and accept this agreement and agree to the terms, conditions, notices, and disclosures contained or referenced herein.
You agree to inform GemPundit.com your subsequent disability to enter into any contract. Subsequent, disability shall entitle GemPundit.com to restrict/ change/ terminate this agreement at its own discretion.
The Services are available only to individuals who can form legally binding contracts under applicable laws of India and the country of their residence. Without limiting the foregoing, the Services are not permitted to be used by minors (which means, in most jurisdictions, those under the age of 18) or temporarily or indefinitely suspended GemPundit.com members. Your use of the GemPundit.com website represents and warrants that you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement.
4. Non-Commercial Use
The GemPundit.com Website is for the personal use of individual members, and cannot be used in connection with any commercial endeavors, unless registered and approved as an ‘Affiliate’ of GemPundit.com. The commercial endeavours include providing links to other web sites, whether deemed competitive to GemPundit.com or otherwise. Illegal and/or unauthorized uses of the Webite, including unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. GemPundit.com shall be entitled to recover from you, your successors, heirs, assigns, etc. any profit, revenue, benefit, etc., which you have gained/ received, expected or going to receive with penalty @ 50% of such profit/ revenue/ benefit by unauthorized use of this site.
5. Privity of Membership
Your Membership is only for personal use. It is not to be assigned, transferred or licensed so as to be used by any other person/entity. Members are advised to make appropriate/thorough enquiries before acting upon any service advertisement. Our Website does not vouch for or subscribe to the claims and representations made by advertisers. Kindly note that your membership at GemPundit.com is for your sole, personal use. You may not authorize others to use your membership and you may not assign or transfer your account to any other person or entity.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time by informing GemPundit.com in writing to terminate your membership. If you terminate your subscription, you will not be entitled to a refund of any unutilized subscription fees or access to digital content or reports purchased through GemPundit.com. GemPundit.com may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to GemPundit.com. If GemPundit.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of GemPundit.com. GemPundit.com is not required to provide you notice prior to terminating your membership and/or subscription. GemPundit.com is not required, 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, GemPundit.com may outsource any part thereof to any competent person or organization, with or without disclosing it to you. However, your membership rights and responsibilities continue as against GemPundit.com only and not against such persons or organizations.
8. Proprietary Rights
a) GemPundit.com owns and retains all proprietary rights in the GemPundit.com website and the GemPundit.com Service. The Website contains the copyrighted material, trademarks, and other proprietary information of GemPundit.com, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you cannot copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Any such act or an attempted act on your part shall constitute a violation of this Agreement and your membership is liable to be terminated forthwith by GemPundit.com without refund of any of your unused Subscription fees.
b) Reliance on Content, Advice, Opinions, statements, offers, or other information or content made available through the GemPundit.com Service or the GemPundit.com Website, but not directly by GemPundit.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. GemPundit.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 GemPundit.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 GemPundit.com through the Advice Section, User Forum, or Community Forum should not necessarily be relied upon. We recommend you to visit a certified professional for any such advice, option, or information. Under no circumstances will GemPundit.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 GemPundit.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify GemPundit.com of such change. GemPundit.com reserves the right to verify the authenticity of Content posted on the Site. In exercising this right, GemPundit.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, GemPundit.com may, in its sole discretion, terminate your Membership without a refund.
b) You understand and agree that GemPundit.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 GemPundit.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of either GemPundit.com and/or its Members.
c) By posting Content to any public area of GemPundit.com, you automatically grant, and you represent and warrant that you have the right to grant, to GemPundit.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 GemPundit.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. GemPundit.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) that 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 GemPundit.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
GemPundit.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 GemPundit.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 GemPundit.com's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to GemPundit.com or the Service or the site in order to direct any person to any other web site 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 GEMPUNDIT.COM SERVICE IS AT YOUR SOLE RISK
PLEASE NOTE THAT THIS CONTRACT STRICLY LIMITS OUR LIABILITY AND GEMPUNDIT.COM DOES NOT PROVIDE WARRANTIES FOR THE SERVICE. THE CONTRACT ALSO LIMITS YOUR REMEDIES
a.) GEMPUNDIT.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 GEMPUNDIT.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 GEMPUNDIT.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, GEMPUNDIT.COM 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 GEMPUNDIT.COM, FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
12. Modifications to Service
GemPundit.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 GemPundit.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 GemPundit.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 GemPundit.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.
This Agreement contains the entire agreement between you and GemPundit.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 under an obligation 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 GemPundit.com by writing to Customer Care. On receipt of such complaint, GemPundit.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. GemPundit.com is a trademark of Fortuna Retail Private Limited.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.