The terms "Gems Essence" individually and collectively refer to Gems Essence, and the term "User" refers to the users.
This page states the Terms and Conditions under which you (the "Visitor") may visit this website ("Website") and mobile app ("Mobile Application"). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we request you to exit this site. The business, any of its business divisions, and/or its subsidiaries, associate companies, or subsidiaries of subsidiaries, or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to reappraise yourself of the Terms and Conditions, as they are binding on all users of this Website. Additionally, the disclosure of your personal information is subject to the terms described in our Privacy Policy and Terms of Service.
All logos, brands, marks, headings, labels, names, signatures, numerals, shapes, or any combinations thereof appearing on this site, except as otherwise noted, are properties either owned or used under license by the business and/or its associate entities featured on this Website. The use of these properties or any other content on this site, except as provided in these Terms and Conditions or in the site content, is strictly prohibited.
You may not sell or modify the content of this Website, nor may you reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organization’s or entity’s written permission.
(A) Security Rules :
Visitors are prohibited from violating or attempting to violate the security of the Web site and Mobile App, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or BNTrojan horseBN to the Website, overloading, BNfloodingBN, BNmail bombingBN or BNcrashingBN, or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules :
Visitors may not use the Web Site and Mobile App in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
The User unilaterally agrees to indemnify and hold harmless, without objection, the Company, its officers, directors, employees, and agents from and against any claims, actions, demands, liabilities, losses, or damages whatsoever arising from or resulting from their use of https://www.gemsessence.com or their breach of the Terms.
The User agrees that neither Gems Essence nor its group companies, directors, officers, or employees shall be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use or inability to use the service; the cost of procuring substitute goods or services; any goods, data, information, or services purchased or obtained; messages received; transactions entered into through the service; unauthorized access to or alteration of the User's transmissions or data; or any other matter relating to the service. This includes, but is not limited to, damages for loss of profits, use, data, or other intangible losses, even if Gems Essence has been advised of the possibility of such damages.
The User further agrees that Gems Essence shall not be liable for any damages arising from the interruption, suspension, or termination of the service, including but not limited to direct, indirect, incidental, special, consequential, or exemplary damages, whether such interruption, suspension, or termination was justified or not, negligent or intentional, or inadvertent or deliberate.
The User agrees that Gems Essence shall not be responsible or liable to the User or any third party for the statements or conduct of any third party related to the service. In sum, in no event shall Gems Essence's total liability to the User for all damages, losses, or causes of action exceed the amount, if any, paid by the User to Gems Essence in connection with the cause of action.
In no event shall the Company or any parties, organizations, or entities associated with the corporate brand name, whether mentioned on this Website or otherwise, be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, damage to computer hardware, loss of data or information, or business interruption) resulting from the use or inability to use the Website and its materials. This applies whether the claim is based on warranty, contract, tort, or any other legal theory, and regardless of whether such organizations or entities were advised of the possibility of such damages.
The membership plan amount can be increased on the 1st of January every year, with an increase of at least 10% and up to a maximum of the existing plan amount, or the current plan amount can be updated, or new membership plans can be introduced.
If you have any questions, do not hesitate to contact us at contact@gemsessence.com.
Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. All disputes are subject to the jurisdiction of Indore, Madhya Pradesh, India only. Any legal proceedings arising out of or related to these Terms shall be filed exclusively in the courts of Indore, Madhya Pradesh.