Terms and Conditions
Welcome to GemGanesha.com. GemGanesha.com provides their services to you subject to the following conditions. If you use or visit the website , you accept these conditions. Please read them carefully.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website. By accessing the website, 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 GemGanesha.com your subsequent disability to enter into any contract. Subsequently, disability shall entitle GemGanesha.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). Your use of the GemGanesha.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.
The GemGanesha.com Website is for the personal use of individual, and cannot be used in connection with any commercial endeavors.The commercial endeavours include providing links to other web sites, whether deemed competitive to GemGanesha.com or otherwise. Illegal and/or unauthorized uses of the Website, 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. GemGanesha.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.
Right to form Consortium/Associates
While providing services, GemGanesha.com may outsource any part thereof to any competent person or organization, with or without disclosing it to you. However, your rights and responsibilities continue as against GemGanesha.com only and not against such persons or organizations.
- GemGanesha.com owns and retains all proprietary rights in the GemGanesha.com website and the GemGanesha.com Service. The Website contains the copyrighted material, trademarks, and other proprietary information of GemGanesha.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.
- Reliance on Content, Advice, Opinions, statements, offers, or other information or content made available through the GemGanesha.com Service or the GemGanesha.com Website, but not directly by GemGanesha.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. GemGanesha.com does not:
- guarantee the accuracy, completeness, or usefulness of any information on the Service, or
- 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 GemGanesha.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 GemGanesha.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 GemGanesha.com 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.
Content Posted By You
- 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 GemGanesha.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify GemGanesha.com of such change. GemGanesha.com reserves the right to verify the authenticity of Content posted on the Site. In exercising this right, GemGanesha.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.
- You understand and agree that GemGanesha.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 GemGanesha.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of either GemGanesha.com and/or its Members.
- By posting Content to any public area of GemGanesha.com, you automatically grant, and you represent and warrant that you have the right to grant, to GemGanesha.com, 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 GemGanesha.com will not infringe or violate the rights of any third party.
- The following is a partial list of the kind of Content that is illegal or prohibited on the Website. GemGanesha.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. It includes, but is not limited to, Content that:
- 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;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- 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;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- 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;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- 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.
- 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 GemGanesha.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.
- All information you include in your Member profile must be accurate, current and complete.
GemGanesha.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:
- You will not impersonate any person or entity.
- You will not “stalk” or otherwise harass any person.
- You will not send “abusive, obscene, or sexually oriented” message(s) to other members.
- You will not express or imply that any statements you make are endorsed by GemGanesha.com without our specific prior written consent.
- 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.
- 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.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the Website.
- 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.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not “frame” or “mirror” any part of the Service or the Website, without GemGanesha.com’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to GemGanesha.com or the Service or the site in order to direct any person to any other web site for any purpose.
- 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.
Disclaimer of Warranties and Limitation of Liabilities
YOUR USE OF THE GemGanesha.COM SERVICE IS AT YOUR SOLE RISK
PLEASE NOTE THAT THIS CONTRACT STRICTLY LIMITS OUR LIABILITY AND GemGanesha.COM DOES NOT PROVIDE WARRANTIES FOR THE SERVICE. THE CONTRACT ALSO LIMITS YOUR REMEDIES
- GemGanesha.COM AND ITS 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.
- 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.
- LIMITATION ON LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT GemGanesha.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 GemGanesha.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- 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;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GemGanesha.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 GemGanesha.COM, FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Modifications to Service
GemGanesha.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 GemGanesha.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
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.
Indemnity by You
You agree to indemnify and hold GemGanesha.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.
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.
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 GemGanesha.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 GemGanesha.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 GemGanesha.com by writing to Customer Care. On receipt of such complaint, GemGanesha.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.
Please contact customer service with any questions regarding this agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.