Terms And Conditions

Section 1: Signing Up and Age Requirement

This section sets the ground rules for who can use the online store. Here's a breakdown:

Minimum Age: You have to be at least 12 (or the age of majority in your area) to use the store.
Minor Usage: If you're not old enough, you'll need permission from someone older (like a parent or guardian) who agrees to these terms for you to use the store.

Responsible Use of the Store

This section outlines what kind of activity is and isn't allowed on the store. Here's a breakdown of the no-go zones:

Illegal Activities: You can't use the store to buy or sell anything that goes against the law. This includes things like pirated movies or software.
Harmful Actions: Don't try to spread viruses or other malicious code that could damage the store's systems or other users' devices.
General Disruption: The store wants a safe and smooth experience for everyone. So, avoid any actions that could disrupt the service, like spamming or hacking.

Consequences of Breaking the Rules

This section explains what happens if you violate the terms of service. If you break any of these rules, the store has the right to immediately terminate your access to the service. This means you might not be able to place orders, browse the store, or use any other features they offer.

Section 2: Digging Deeper into the Rules (General Conditions)

This section gets into some of the legalities and technical aspects of using the store. Here's a breakdown of what it includes: Refusal of Service: The store reserves the right to deny service to anyone, for any reason, at any time. This means they can choose not to do business with you, even if you haven't broken any specific rules.

Data Transmission: When you use the store, some of your information (not including credit card details) might travel unencrypted across different networks. This means it might be visible to others involved in getting the information to its destination. However, the store assures you that your credit card information is always encrypted for your safety.
Restrictions on Use: The store considers its service and content to be its property. You can't copy, sell, resell, or exploit any part of it without their explicit written permission. This includes things like copying product descriptions or using their website design on your own site.

Section 3: Don't Rely Solely on Our Information (Accuracy, Completeness and Timeliness)

This section talks about the information you find on the store's website and app. Here's the summary of vital points:

Imperfect Information: The store acknowledges that the information they provide might not always be 100% accurate, complete, or up-to-date.
Use for General Guidance Only: They offer the information for general knowledge, not as a substitute for professional advice. Don't make important decisions based solely on what you see on their website.
Reliance at Your Own Risk: If you choose to rely on the information they provide, you take full responsibility for any consequences.
Historical Information: Any historical information on the site might not be entirely accurate as time has passed. It's for reference only.
Updates and Changes: The store has the right to modify the information on their website at any time. However, they're under no obligation to keep things updated.
Your Responsibility to Stay Informed: It's on you to check the website regularly for any changes to the information or terms of service.

Section 4: The Store Has the Right to Change Things Up (Modifications to the Service and Prices)

This section deals with the store's flexibility to modify its offerings. Here's what it means for you:

Price Fluctuations: The store can change the prices of their products at any time, without giving you notice beforehand.
Service Adjustments: They also have the right to modify or even discontinue their entire service, or any part of it, without warning. This could include anything from removing a specific product line to shutting down the entire website.
No Liability for Changes: The store won't be held responsible if they make changes to their prices, services, or content, and these changes cause any problems for you.

Section 5: About the Products and Services They Offer (if applicable)

This section dives into the specifics of the products or services you can buy from the store. Here's a breakdown:

Online Exclusives: Some products or services might only be available for purchase through their website.
Limited Availability: These exclusive items may have limited quantities and might follow specific return or exchange rules outlined in their separate Refund Policy (which you can find by clicking the link they provide).
Color Accuracy: The store tries its best to show accurate colors in the pictures of their products online. However, they can't guarantee that your computer screen will perfectly represent the colors.
Selling Restrictions: The store reserves the right to limit who can buy their products and services. This could be based on factors like location or how much someone tries to purchase at once.
Product Changes: The descriptions, prices, and availability of products can all change at any time, without notice. The store also has the right to stop selling any product at any time.
No Guarantees: The store doesn't guarantee that you'll be happy with the quality of what you buy, or that they'll fix any mistakes on their website.

Section 6: Keeping Your Order Information Accurate (Accuracy of Billing and Account Information)

This section emphasizes the importance of accurate information when placing an order. Here's what you need to know:

Order Rejection: The store has the right to reject any order you place for any reason.
Order Limits: They can limit the number of items you buy, whether it's per person, per household, or per order. This might be done to prevent reselling or unfair buying practices.
Verifying Your Order: If the store needs to change or cancel your order, they'll try to contact you using the email and billing information you provided when you placed the order.
Resellers Beware: The store can restrict orders if they suspect someone is buying products to resell.
Accurate Information Required: You agree to provide the store with up-to-date and complete information about yourself and your purchase. This includes things like your billing address, email address, and credit card details. They also need this information to stay in touch with you about your order.
Keeping Things Updated: If your information changes (like a new credit card number), you agree to update it on your account so the store can process your transactions smoothly.

For more details on what happens if things don't go as planned with your order, refer to their Refund Policy (which they linked again).

Section 7: Venturing Outside Their Store (Optional Tools)

This section talks about situations where the store might offer tools or services created by other companies (third-party tools). Here is what you should be knowledgeable of:

Third-Party Territory: The store might give you access to tools or services made by other companies. They don't control or monitor these tools, and they have no say in how they work.
Use at Your Own Risk: The store offers these tools "as is" without any guarantees or promises about how good they are or how safe they are to use. If you choose to use these third-party tools, you take full responsibility for any risks involved.
Their Rules Apply: These third-party tools likely have their own terms and conditions that you'll need to agree to in order to use them. The store isn't responsible for those terms, so make sure you understand them before you proceed.
Always Evolving: The store might add new features or services in the future, including more third-party tools. These new offerings will also be subject to the terms of service you're agreeing to here.

Section 8: Exploring Links Beyond Their Store (Third-Party Links)

This section deals with links on the store's website that might lead you to other websites. Here's what you need to know:

Outside Their Walls: The store's website might contain content, products, or services that come from other companies (third parties). They might also link to websites run by these third parties.
Not Their Responsibility: The store isn't accountable for the content or accuracy of anything you find on these third-party websites. They also don't take any responsibility for any products or services you buy from these sites.
Navigate with Caution: Before you click on a link or buy something from a third-party website, it's important to do your research. The store recommends reading the third party's terms and conditions so you understand their policies.
They Don't Handle Complaints: If you have any problems with something you buy from a third-party website linked on the store's site, you'll need to deal with the third party directly. The store won't be involved in resolving those issues.

Section 9: Sharing Your Thoughts with the Store (User Comments, Feedback and Other Submissions)

This section covers what happens when you share your ideas or opinions with the store. Here's a breakdown:

Open Mic (with Permissions): The store might ask you to submit things like contest entries or creative ideas. They might also be open to unsolicited ideas you send via email, mail, or online forms. If you choose to share something, you agree that the store has the right to use your submission however they see fit, without any limitations. This means they can edit it, copy it, publish it, or even translate it into another language.
No Promises: The store doesn't have any obligations to keep your ideas confidential. They also don't have to pay you for your ideas or even respond to them.
Keeping the Community Clean: The store reserves the right to monitor the content you submit and remove anything they consider inappropriate. This includes things that are illegal, offensive, or violate someone's copyright.
Playing by the Rules: You agree that anything you submit won't infringe on anyone else's rights, including copyrights or trademarks. You also promise not to include anything that's defamatory, obscene, or harmful to their computer systems. Basically, the store wants to keep things respectful and safe for everyone.
Taking Responsibility for Your Words: You are solely responsible for anything you share with the store, and you're guaranteeing it's accurate. The store takes no responsibility for the content you or other users post.

Section 10: Personal Information

This section tells you where to find more information about how the store handles your personal information. We have a separate Privacy Policy that you can access here: https://gemsbuild.com/pages/terms-and-policy. This policy will explain in detail how they collect, use, and disclose your personal information. It's a good idea to review the privacy policy before you shop at the store or provide them with any of your personal information.

Section 11: Mistakes Happen (Errors, Inaccuracies and Omissions)

This section deals with the possibility of errors showing up on the store's website or in their service. Here's what you need to know:

Imperfect Information: The store acknowledges that there might be occasional mistakes on their website or in their service. These mistakes could be typos, inaccuracies, or missing information. This could affect things like product descriptions, prices, promotions, and shipping details.
The Right to Correct: The store reserves the right to fix any errors they find. This could involve changing information on their website, updating product prices, or even cancelling orders if the information they had was wrong. They can do this at any time, even after you've placed your order.
No Duty to Update: The store isn't obligated to keep the information on their website up-to-date. This includes things like pricing information. They'll only make changes if the law requires them to.
Don't Rely Solely on Their Info: The dates you see on the store's website shouldn't be taken as a guarantee that all the information is completely accurate or current. It's always best to double-check things with the store if you're unsure.

Section 12: Don't Do These Things (Prohibited Uses)

This section outlines the specific ways you can't use the store's website or service. Here's a breakdown of the no-go zones:

Illegal Activity: The store can't be involved in anything that goes against the law. So you can't use their website to commit crimes or encourage others to do so.
Following the Rules: You need to respect all laws, regulations, and ordinances that apply to using the store's website, whether they are local, national, or international.
Copyright and Trademarks: Don't infringe on the intellectual property rights of the store or anyone else. This includes things like copying their copyrighted content or using their trademarks without permission.

Respecting Others: Harassment, abuse, and other discriminatory behavior are not tolerated on the store's website. Respect everyone, regardless of their heritage.

Spreading Falsehoods: Don't submit any information to the store that's false or misleading.
Spreading Malware: Don't upload any viruses or malicious code that could damage the store's website or other users' devices.
Respecting Privacy: Don't try to collect personal information about other users of the store's website without their permission.
Spam and Deceit: The store prohibits spamming, phishing (trying to trick people into revealing personal information), and other deceptive practices.
Keeping it Clean: Don't use the store's website for any obscene or immoral purposes.
Security Measures: Don't tamper with the security features of the store's website or try to bypass them.

If the store catches you doing any of these prohibited things, they have the right to terminate your access to their website.

Section 13: The Store Isn't Making Promises and Can't Be Held Liable (Disclaimer of Warranties; Limitation of Liability)

This section explains that the store doesn't guarantee anything specific about their service. Here's an overview of what this implies for you:

No Guarantees of Smooth Operation: The store doesn't promise that their website will always be up and running, error-free, or secure. There might be moments when it's unavailable.
Results May Vary: The store doesn't guarantee that the information you find on their website will always be accurate or reliable.
Possible Service Interruptions: The store reserves the right to temporarily or permanently shut down their service, without notice to you.
Using the Store at Your Own Risk: You agree that you take full responsibility for any risks associated with using the store's website.
No Warranty on Products or Services: The store and anything you buy or get through their service (unless they explicitly state otherwise) are provided "as is". This means they don't guarantee that the products or services will meet your needs or expectations. There are also no warranties regarding things like merchantability or fitness for a particular purpose.
Limited Liability for Problems: The store (including its directors, employees, and partners) won't be held responsible for any damages you experience, whether those damages are direct, indirect, incidental, or consequential. This includes things like lost profits, lost data, or replacement costs.
Exceptions Depending on Location: Some locations have laws that limit how much a company can limit its liability. In those cases, the store's liability will be limited to the maximum amount allowed by law.

Basically, the store is saying that they're trying their best to provide a good service, but they can't be held responsible if things don't go perfectly.

Section 14: Taking Responsibility for Your Actions (Indemnification)

This section explains what happens if you violate the terms of service and cause harm to the store or someone else. Here's an overview of what this implies for you:

Protecting the Store: You agree to compensate (indemnify) the store and its associates for any losses or damages they suffer because of your actions. This includes legal fees if they have to defend themselves in court.
What Triggers This: There are two situations where this clause applies:

If you breach the terms of service outlined in this agreement.
If you violate any laws or someone else's rights while using the store's service.

Examples: Imagine you post defamatory content about another user on the store's website. That user could sue the store, and the store could come after you to recover any damages they have to pay, including legal fees.

In simpler terms, this section says that if you use the store's website in a way that gets them or someone else in trouble, you'll be responsible for the consequences.

Section 15: Even if Parts Don't Hold Up, the Rest Still Does (Severability)

This section deals with a situation where a court might rule that a part of the store's terms of service is invalid or unenforceable. Here's what it means for you:

One Part Down, Rest Still Stands: If a court decides that a specific rule in the terms of service isn't legal or can't be enforced, that rule will be removed from the agreement. But all the other rules will still apply.
Remaining Rules Still Apply: Even if one part of the agreement is found to be unenforceable, the rest of the terms of service will still be valid and you'll still be obligated to follow them.

Section 16: Wrapping Things Up (Termination)

This section talks about how the agreement between you and the store can end. Here's what you need to know:

Lasting Obligations: Even if the agreement terminates, you and the store are still responsible for any obligations you accrued beforehand. For instance, if you owe the store money for a purchase you made, you'll still need to pay them even after the agreement is terminated.
Termination by You: You can choose to terminate the agreement at any time. There are 2 methods to do get terminated:

Tell the store you no longer want to use their service.
Simply stop using their website.

Termination by the Store: The store can also terminate the agreement if they believe you've violated any of the terms of service. They can do this at any time, without notifying you first.
Consequences of Termination by the Store: If the store terminates the agreement because you violated the terms of service, you'll still be responsible for any outstanding payments you owe them. The store also has the right to restrict your access to their website or service.

Section 17: The Whole Picture (Entire Agreement)

This section wraps up the terms of service agreement by clarifying a few key things:

No Missed Rules: If the store doesn't enforce a specific rule against you right away, it doesn't mean they can't enforce it later. They still have the right to act on any violation of the terms of service.
The Only Agreement: This terms of service agreement, along with any other policies or rules posted on the store's website, constitute the entire agreement between you and the store. This supersedes any other agreements you might have had with the store, whether written or verbal, including older versions of their terms of service.
Unclear Wording Favors the Store: If any part of the terms of service is unclear or open to interpretation, the interpretation that benefits the store (the drafting party) will be the one that applies.

In simpler terms, this section is saying that this is the complete agreement between you and the store, and it overrides any other agreements you may have had. If there's any confusion about the wording, it will be interpreted in a way that favors the store.

Section 18: Legal Jurisdiction (Governing Law)

This section specifies which laws apply to the terms of service agreement between you and the store. Here's what it means for you:

Indian Law Applies: The agreement will be governed by and interpreted according to the laws of India. This means that if there's a dispute between you and the store, the courts of India will have jurisdiction to hear the case.

Section 19: Staying Up-to-Date on the Rules (Changes to Terms of Service)

This section explains how the store can update the terms of service agreement. Here's what you need to know:

Finding the Latest Version: You can always check the store's website to see the most recent version of the terms of service agreement.
The Store Can Make Changes: The store reserves the right to modify the terms of service at any time. They can update, change, or even completely replace parts of the agreement.
It's Your Responsibility to Stay Informed: The store will post any changes to the terms of service on their website. It's your responsibility to check their website periodically to make sure you're aware of any updates.
Continued Use Means Acceptance: If you keep using the store's website or service after they've made changes to the terms of service, it will be considered your acceptance of those changes.

In simpler terms, the store can change the rules at any time, but they'll post the updates on their website. It's up to you to stay informed by checking the website regularly. By continuing to use the store's service, you agree to any changes they make.

Section 20: Contact Us (Contact Information)

This section provides the store's contact information in case you have any questions about the terms of service agreement. Here's what you'll find:

Email for Questions: You can send your questions about the terms of service to the store's email address: info.gemsbuild@gmail.com
Store Identification:

Trade Name: Gemsbuild
Address: Netaji Subhash Place, Pitampura, New Delhi 110034

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