Terms & Conditions

The use of this site is governed by the policies, and terms & conditions. Please read them carefully. Your use of this site and placement of an order indicates your acceptance of these terms and conditions. Gemmecart reserves the right to make changes to this site and these terms and conditions at any time without any prior notice.

ACCESS AND USE OF WEBSITE

You agree to only access or use the Website for legal purposes as allowed by these Terms of Use. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct, and acceptable use and content.) Amongst other things, you agree not to:

  1. Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services, or Content (as defined below) provided through or obtained from the Website, including without limitation, engaging in the practice of “screen scraping,” or any other similar activity.
  2. Damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the network. 
  3. Violate any applicable laws, rules, or regulations in your jurisdiction. 
  4. Access or attempt to access any password-protected, secure, or non-public areas of the Website without the express permission of Gemmecart. 

For any portion of the Website that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your user name(s) or password(s) if any. 

CONTENT

All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, user-generated content and any other materials provided on the Website are owned by Gemmecart and/or third parties, and are collectively referred to as “Content.” The Content may contain omissions, errors, or may be out of date. Gemmecart reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on Gemmecart in any way except to the extent that it is specifically indicated to be so.

We do not control, approve, sponsor or endorse any third-party Content, products, or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any third-party Content, products, or services. 

Any third-party Content, products, or services posted on, transmitted through, or linked to from the Network are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. You acknowledge and agree that Gemmecart is not responsible or liable for any loss or damage of any sort incurred as a result of accessing a third-party website, or any dealings with any third-party website, operator thereof, or any third-party content, products, or services.

 Any concerns regarding Content and/or availability of hyperlinks of a third party on the Network, which are not controlled by Gemmecart, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products, or services, we ask that you notify us so that we may evaluate whether, in our sole discretion, to disable it from the Website.

UNAUTHORIZED USE OF THE WEBSITE

You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology, or routine, including but not limited to a “robot,” “spider” or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Website, or transmit any worms or viruses or any code of a destructive nature on or to the Website.

 You agree that you shall not use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms & Conditions. Illegal and/or unauthorized uses of the Website, including, but not limited to, unauthorized framing of or linking to the Website or unauthorized use of any robot, spider, or other automated devices on the Website, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

DISCLAIMER AND LIMITATION OF LIABILITY

You expressly understand and agree that to the maximum extent permitted by applicable law:

The website, services, and other materials are provided by Gemmecart on an “as is” and “as available” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Gemmecart makes no warranty that (i) the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure, or error-free; (ii) the results that may be obtained from the use of the website, services or materials will be effective, accurate or reliable; (iii) the quality of the website, services or other materials will meet your expectations; or that (iv) any errors or defects in the website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Gemmecart or through or from the use of the services shall create any warranty not expressly stated in the terms of use.

 To the maximum extent permitted by applicable law, Gemmecart will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. Gemmecart also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user content.

Gemmecart will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services or materials, either with or without your knowledge. Gemmecart has endeavored to ensure that all the information on the website is correct, but it neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, product, or service. Gemmecart shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities, and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Gemmecart shall not be held responsible for the non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Gemmecart control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk, and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Gemmecart is not responsible for any typographical error leading to an invalid coupon. Gemmecart accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

VIOLATION OF THE TERMS & CONDITIONS

You agree that Gemmecart may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Gemmecart determines that You have violated these Terms & Conditions or Additional Terms. You also agree that any violation of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Gemmecart, for which monetary damages would be inadequate, and you consent to Gemmecart obtaining any injunctive or equitable relief that Gemmecart deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Gemmecart may have at law or in equity.

You agree that Gemmecart may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.

If Gemmecart does take any legal action against you as a result of your violation of these Terms of Use, Gemmecart will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Gemmecart.

GOVERNING LAW

These Terms of Use and all transactions entered into on or through the Website and the relationship between you and Gemmecart shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation to the Website, the Terms of Use, or any transactions entered into on or through the Website or the relationship between You and Gemmecart shall be subject to the exclusive jurisdiction of the courts at Jaipur(Rajasthan), India and You hereby accede to and accept the jurisdiction of such courts.