This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.TheGemsSource.com (hereinafter referred to as "Website") is registered in the name of Go Ads India Private Limited a company incorporated under the Companies Act, 1956 with its registered office at 2/SA/3, M.H.B, Basni,Jodhpur, Rajasthan 342005 (hereinafter referred to as “Indian TradeBird”).
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
Use of the Indian TradeBird Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Indian TradeBird Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Indian TradeBird and shall not transact or use Indian TradeBird website. As a minor if you wish to use or transact on Indian TradeBird, such use or transaction may be made by your legal guardian or parents who have registered as users of the Indian TradeBird. Indian TradeBird reserves the right to terminate your membership and refuse to provide you with access to the Indian TradeBird if it is brought to Indian TradeBird’s notice or if it is discovered that you are under the age of 18 years.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership on the Website is free. There is no charge or fee for browsing and buying products on the Website. However we reserve the right to charge fee and change its policies from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event we reserve, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us.
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned and controlled or licensed by us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Indian TradeBird does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, Indian TradeBird and We assume no responsibility for examining or evaluating the products and services offered by them. We and Indian TradeBird do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Neither Indian TradeBird nor We endorses, in any way, any third party website(s) or content thereof.
We welcome links to the Website. You may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of Your site by Indian TradeBird and/ or us. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Website, including any logos or characters, without our express written consent and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Website without our prior written consent.
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we do not warrant that:
We will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website.
We do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind.
All the Products sold on Website are governed by different state laws and if we are unable to deliver such Products due to implications of different state laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by us via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to:
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Jodhpur.
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. We make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and we are not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
This site is controlled and operated by Indian TradeBird and services are sold by Go Ads India Private Limited. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Website owned, operated, licensed or controlled by us is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
TheGemsSource has put in place TheGemsSource Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in TheGemsSource's interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
If you are a Verified Rights Owner and want to report a listing issue, see TheGemsSource's IIV. Note: Only the intellectual property rights owner can report potentially infringing products or listings through IIV. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us. If your listing was removed through IIV, and you believe that your listing was removed in error, please contact us.
TheGemsSource does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, TheGemsSource is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to TheGemsSource.
IIV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. IIV participants have the ability to identify and request removal of allegedly infringing products and materials.
Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on Indian TradeBird is encouraged to become a IIV member.
Program membership entitles you (Verified Rights Owner) to the following benefits:
Rapid response by TheGemsSource in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing
Dedicated priority email queues for reporting alleged infringements
The ability to obtain identifying information about TheGemsSource's users'
We respect the intellectual property of others. In case You feel that Your work has been copied in a way that constitutes copyright infringement You can write to us at support@TheGemsSource.com.
All items purchased on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon our delivery to the carrier.
If Indian TradeBird comes across any difference in pricing resulting from typographic errors w.r.t pricing or product information, Indian TradeBird shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from You within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.
We reserve the right to cancel any order at our sole discretion, under a situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the our policy or for any other reason. However, we will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.
IN NO EVENT SHALL Indian TradeBird BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF Indian TradeBird HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to support@TheGemsSource.com
In accordance with Information Technology Act 2000 and rules made there under ,Please Contact Us