GEMGOW DMCC, License No. 222825, registration No. DMCC65132, address: Unit No: 14, DMCC Business Centre, Level No 6, Jewellery & Gemplex 2, Dubai, United Arab Emirates (hereinafter the “Company”) shall publish this service agreement (hereinafter the “Public Offer”) on the website https://gemgow.com and GEMGOW mobile applications on the basis of iOS, Android, Windows mobile/ Windows Phone to provide means enabling individuals and legal entities to conclude deals on purchasing Goods and providing Services specified hereunder.
Terms in this Public Offer are specified in the following meanings:
Public Offer – public offer of the Company addressed to any individual and/or legal entity to conclude the agreement on conditions of this Public Offer including its Annexes, Company’s policies et cetera. Public offer shall be concluded between the User and the Company by means of registration on the Website https://gemgow.com.
Accept – accepting of terms and conditions of this Public Offer by the User.
The Company – GEMGOW DMCC, registered and acting under law of United Arab Emirates, represented by its Director Daniel Davidov acting on the basis of the Charter License No. 222825, registration No. DMCC65132, address: Unit No: 14, DMCC Business Centre, Level No 6, Jewellery & Gemplex 2, Dubai, United Arab Emirates.
User – any legally capable individual or legal entity that accepted terms and conditions of this Public Offer to use services provided by the Company to sell and/or provide services related to natural gems.
Website – the Internet website of the Company https://gemgow.com. Notion of the “Website” includes applications GEMGOW on the basis of iOS, Android, Windows mobile/Windows Phone, which are administered by authorized representatives of the Company and serve as a communication platform for placement of ads related exclusively to sale and provision of services related to natural gems and precious metals.
In case the User is the legal entity, the Websites are used by authorized individual on behalf of the Company.
Goods – natural gems and precious metals published by the User in the Ad on the Website to conclude deal with other Users on sale/purchase of goods hereinabove.
Services – services including but not limited to gem-cutting, polishing, delivery services, which may be provided by the User after publishing particular ad on the Websites, or by the Company according to the User’s request.
Account – personal account of the User by means of which the User administers ads on the Website.
Personal data – information about an individual, which may be identified by means of the Website using.
Publishing – activity of the User related to placing ads on the Website.
Ad – materials including text, photos, videos and other objects related to Goods and Services, which the User intends to sell/provide to other Users of the Website.
Applicable law - current legislation of country where the User sells Goods, or where the Goods shall be delivered, or where the Services shall be provided.
User and Company shall be specified collectively as “Parties” of this Public Offer. In this Public Offer, notions used in noun save the same meaning in plural.
Since the moment of registration on the Website, the User approves its legal capability and completely accepts terms of this Public Offer, without any restrictions and exceptions.
The Company proposes the User services on publishing Ads including information about Goods and Services with purpose, including but not limited to further purchase of Goods and/or providing Services.
All deals related to Goods and Services shall be concluded between Users directly. The Company is not a participant of deals between Users. The Company only represents communication platform for publishing Ads.
The Company may remove materials published by the User in the Ad in case the Company reveals that the Ad is not related to includes but not limited to sale of Goods and providing Services in meaning of this Public Offer.
The Users in their sole discretion agree conditions regarding delivery and payment for Goods/Services. The Company is not liable for delay/failure with payments and delivery the Users agreed concerning Goods published by Users on the Website.
The User grants that gems, precious metals published by the User in the ad on the Website, are natural and really related to precious. In case the User publishes in Ads non-precious gems and metals, or posts non-precious gems and metals specifying them as genuine gems and precious metals, such User shall be banned on the Website without possibility to restore the Account, as well as without explaining cause of Company’s actions.
Registered User has a right to publish Ads on the Website.
Using of possibilities and services of the Website by the User means accepting obligations to follow rules, instructions related to the Website, as well as this Public Offer.
The User grants that materials published by the User in Ads on the Website, as well as Services, do not contravene this Public Offer, quality standards, Applicable law and public moral.
The User is liable for all actions related to using its email, phone number, password and other contact data used to enter the Website. The User is obliged to keep confidentiality of its password as well as not to disclose this password to third parties.
In case the User provides the data hereinabove to third parties, the Company shall not bring liability to all circumstances occurred as a result of such providing.
The User is obliged to modify data to enter the Website included but not limited to password, email immediately, in case the User has a background to suspect that data specified hereunder were disclosed and may be applied by third parties.
The User is obliged to provide accurate and complete information about Goods and Services according to instructions published on the Website and this Public Offer.
In case activity described by the User in the Ad requires license according to the Applicable law, the User shall provide scan copy of the license to the Company.
Publishing the Goods on the Website, the User confirms its right and capability to sell published Goods or provide Service according to the Applicable law.
The User is obliged to verify the information about Goods and/or Services published on the Website, and, in case of revealing incorrect information in ads placed by the User, the User shall correct the ad by means of publishing accurate information about Goods and/or Services.
In case of impossibility to correct the information in the Ad, the User shall remove its ad with incorrect information or replace it with the new ad with correct and accurate data about Goods and/or Services.
The Company has a right to replace, end or continue the term of Goods and/or Services demonstration because of technical circumstances under control or out of control of the Company.
The Company has a right to terminate the demonstration of ads in case it violates this Public Offer and Applicable law.
The Company may remove Ad and other content published by the User in case of request or demand of public authorities under Applicable law.
The User is prohibited to:
•Publish on the Website Goods, which are not in accordance with definition of Goods specified in this Public Offer;
•Publish the same ads from the same account, email address;
•Publish closely similar ads where the same Goods and/or Services are described in the different ways;
•Duplicate same ads from different accounts on the Website;
•Publish ads in the rubric, which is not in accordance with the Ad’s content.
•Publish ads where photo does not represent Goods/Services published by the User in the Ad.
•Publish in ads references to resources including malicious elements;
•Publish contact data in heading of the ad such as email address, phone number, address et cetera;
•The User is prohibited to publish stock photos or other download from the Internet. It is strictly prohibited to publish edited photos related to Goods and Services.
•Specify in the Ad inaccurate characteristics of Goods and/or Services;
•Publish Ads, which violate fair competition and contravene Applicable law.
•Publish any references to outside Web sources without the agreement with the Company represented by the Website Administration;
•Publish the information about Goods/Services of the Company’s competitors;
•Violate the rights of third parties by posting on the Website the posts in which there is:
–propaganda of violations, discrimination, racism, xenophobia, international conflicts;
–information that promotes fraud, deceit in relation to Users;
–information that contradicts the rights of ownership and confidentiality of third parties, confidential information of legal entities without their consent;
–information that damages someone's honor and dignity;
–slander or threats against anyone;
–information that violates the rights of minors;
–false and misleading information, spam messages;
–Information that is contrary to Applicable law.
RIGHTS AND RESPONSIBILITIES OF PARTIES
The User undertakes:
–Publish only real, actual photo related to Good and/or Service.
–Provide the Company with relevant certificates and/or licenses, which verify genuineness of Goods;
–Publish only real characteristics of Goods and Services, which correspond to characteristics of such Goods/Services.
–Not to perform any actions, which disproportionally overload the Website;
–Accept sole personal responsibility for deal with another Users by means of Website;
–Not to represent falsely oneself to be another person by means of registration on the Website using personal data of another person;
–Under the Company’s request to provide personal data such as passport or driving license to verify its identity;
–Observe the rules of publishing ads, processing personal data and other provisions of this Public Offer and its Annexes.
The User may:
•Leave the complaint to the Company on the feedback form on the Website;
•If the User intends to pay for some services of Websites, description, value and other characteristics shall be available on the Website, the User shall use description of services and payment details provided by the Company on Websites publicly or sending the private message to the User through its account on Websites, according to the User’s request.
•Request from the Company information regarding processing of Users’ personal data under the Personal Data Policy (Annex 1 to this Public Offer).
Responsibility of the User:
In case of non-verifying the User’s identity by means of providing scan-copies of passport or driving license, the User’s account may be blocked for particular period of time but not exceeding thirty (30) calendar days. The Company shall not bring liability for such removing or blocking the User’s account.
The User confirms its sole responsibility for the content of his posted ads, and also possesses all necessary rights, licenses, permissions to place information in Ads on the Website, including without limitation all patents, trademarks, trade secrets, copyrights, or has the corresponding the written consent, or authorization of all right holders of information, which is an object of intellectual property law.
The User shall be responsible for the violation of intellectual property rights in accordance with Applicable law.
The User shall bring liability under the Applicable law in case of non-providing the licanse or other authorization documents to the Company, if sale of Goods or provision of Services according to this Public Offer require such license or authorization document are required under the Applicable law.
The User’s account may be deleted from the Website without the possibility of reinstating in the following cases:
Providing inaccurate data when registering on the Website;
The User posed itself as another person, used personal, including passport data of another person when registering on the Website;
Publication of designedly unveracious information, i.e declaring Goods as genuine precious gem or metal when the Goods do not have these characteristics.
Publication of stock, edited, downloaded from the Web photos related to Goods and Services.
The User's account may be blocked for a certain period of time, but not more than 30 (thirty) calendar days, with the warning given to the User or not, at the discretion of the Company for the following:
•the publication of ads identical in content, with the same account / e-mail address;
•similar in content Ads, where the same Goods and / or Service are described by the User in different ways;
•duplication of similar ads from different accounts on the Website;
•publication of ads in which the photographs do not correspond to the Goods and Services specified by the User;
•publication of Ads that violate free competition and Applicable law;
•publication of information about the Company’s Competitor Goods / Services;
•include to the Ad references to resources, which include malicious elements.
If the User’s content was deleted from the Website without the reinstating possibility, the Company also deletes all information published by the User on the Website.
The User’s account will be blocked for a certain period of time, but not more than 30 (thirty) calendar days, and if the repeated violation is removed from the Website without the possibility of recovery, for the following:
•specifying designedly unveracious characteristics of the Goods and / or Services;
•the publication of Ads in which the photographs do not correspond to the Goods and Services specified by the User in the Ad;
•The publication of Ads that violate free competition and Applicable law;
•Publication of the information about the Company's Goods / Services;
•Publication of information, which violates third party rights, on the Website.
If the User’s records are deleted from the Site without recovery, the Company also deletes all information published by the User on the Website.
The Company may:
•remove from the Website Ads and other content published by Users, which violate public moral. The Company’s decision to remove such content shall be final and not subject to appeal.
•may but not obliged to notify the User about its contravening this Public Offer, Applicable law, public moral;
•transfer the Website including all the information and personal data of its Users to its assignee.
•at any moment, request from the User verification of its identity by means of requesting the User’s passport or driving license scan copies. Non-providing to the Company shall be considered as violation of this Public Offer;
•contact the User by means of sending messages, telephone call, message to the email provided by the User on the Website as well as message to the User’s account through the Website.
•correct text of User’s Ads related to punctuation and spelling, which shall not affect the general meaning of the content of the Ad;
•transfer Ads to another rubric in case of revealing one, which is more appropriate for publishing of Ads;
•refuse publishing of the User’s Ad if it is not in accordance with this Public Offer and the Applicable law;
The Company shall not bring liability for content of references in Ads;
In case of performing activity contravening this Public Offer, Applicable law, public moral, the Company may block the User’s account for particular period of time or remove the User’s account from the Website permanently, without explanation of such removing. The Company shall not be liable for such removing.
The Company uderstakes:
The Company may modify this Public Offer, as well as the Website services, or remove them, without any notifications and/or explanations to the User or liability for such remove.
The Company shall do its best endeavor to perform the Company’s obligations under this Public Offer including but not limited to protection of personal data of its Users from third parties’ fraud or any other activity contravening Applicable law, permanent normal work of the Website.
To maintain high quality of Website’s services, the Company may limit the number of active ads of the User and/or their size.
Responsibility of the Company
In case the User paid for Services of the Company on Websites, and these services were not provided by the Company, the Company shall reimburse costs paid by the User for services for the period of time from when the User did not obtain services of the Website. The User undertakes to verify payment for Services to the Company by means of bank records, payment check or any other document recognized by Applicable law, which confirms payment performed by the User for Services, which were not provided.
INTELLECTUAL PROPERTY RIGHTS
All objects available on the Website including but not limited to design elements, text, graphic pictures, illustrations, video, computer programs, apps, the Website’s program, code, music, sounds and other objects, as well as any other object published on the Website’s services (hereinafter the “Content”), is an object of the Company’s intellectual property rights.
The User confirms intention to use the content only in the framework of the Websites’ services;
The Company grants the User a limited, nonexclusive, non-transferable license to view, download and print any publicly available content on the Website, or any other content on the Website the User has an access to, exclusively for the User’s lawful, non-competitive purposes.
The User is prohibited to sublicense the licensed rights to third parties.
The User retains all intellectual property rights to the content of the information posted in the Ad on the Website.
The User grants the Company unlimited by term and territory, unlimited, non-exclusive right to use, publish, collect, display, copy, duplicate, reproduce, publicize the copyright, publications, photos, texts, databases and other materials owned by the User, as well as regarding the information provided to User, images and photographs on all known or unknown media.
The User agrees that the text, photos, and other materials added to the ad can be used by the Company in the preparation of promotional materials, articles, reports, analyzes, etc., and used by the Company at its own discretion without the additional consent of the User, without payment of remuneration.
The above rights are granted to the Company by the User free of charge without payment of remuneration.
The Company may remove ads of User on the Website according to the following reasons:
Violation of Applicable law and this Public Offer;
User has already posted the same Ad on the Website;
The photo uploaded by the User is not in accordance with the Ad’s text;
The Ad published by User includes repeating of exclamation, question points and other symbols;
The Ad includes an external link to Web resources of competitors;
Content uploaded by the User contravenes rights, humiliates honor and dignity of other Users and/or third parties.
Publication of other information prohibited to User under this Public Offer.
The User’s Ad may by deleted for this reason because of claims of other Users or third parties.
List of backgrounds to delete the User’s Ad by the Company is not limited to hereinabove.
By registration on the Website, the User provides the Company with right to process the personal data.
Collecting, processing and using of personal data of Users by the Company shall be regulated by Annex No. 1, which is an integral part of this Public Offer.
Technical information such as IP-address of the User shall be performed in accordance with common rules of Internet-messages, as well as statistic aggregation, demographic information about the region where the User performed registration or concluded deal on the Website.
This Public Offer shall enter into force since the accepting this Public Offer by the User and stays in force permanently.
All disputes arising from this Public Offer Company and User shall try to resolve by means of negotiation and mediation.
In case of impossibility to resolve such dispute by negotiation and mediation, it will be considered in Court order under the Applicable law.
Dispute between the Company and Users shall be considered in court order according to the current legislation of United Arab Emirates. For any circumstances, the Company and the User shall do the best endeavor to resolve the dispute in ore-trial order by means of negotiation.
By registration on the Website, the User provides the Company with right to process the personal data. Rules on processing Users’ personal data shall be specified in Annex 1 to this Public Offer.