These Terms and Conditions along with the privacy policy as displayed on the GA Demands Application (“Privacy Policy”) will apply to the Users for browsing, accessing, registering and using the GA Demands Application (“User Agreement”).

The User hereby represents that the User has completed 18 (Eighteen) years of age and has the legal capacity to enter into a valid contract under the Applicable Laws and in case of entities, is the authorised representative having the legal capacity and authority to enter into a valid contract under the Applicable Laws on behalf of such entity. If the Company becomes aware that a person using the GA Demands Application or while registering on the GA Demands Application and submitting Information (as defined below) is under the age of 18 (Eighteen) years, the Company shall at its option delete or suspend access of the GA Demands Application and such User Account and any related information immediately.

The User further represents that the User has read and understood the terms and conditions of the User Agreement and shall continue to read and understand the amended Terms and Conditions and Privacy Policy from time to time as may be applicable. Further, the Users who access the GA Demands Application shall ensure that such Users read, understand and abide with the User Agreement at all times.

The User acknowledges that no trading activity for Diamonds is being conducted at GA Demands Application and that GA Demands Application is only an aggregator application connecting the interested buyers and sellers of Diamonds for them to conduct any trading offline. The Company is merely a data processor of information provided by the Users under their instructions of listing them as interested buyers and sellers on the GA Demands Application for better connectivity for off line trading purpose.

The User hereby acknowledges and agrees that the User for the purpose of accessing and using the GA Demands Application, is required to register on the GA Demands Application. For the purpose of registration, the User has to provide its mobile number through which the User receives a onetime passcode (OTP), post the input of the OTP, the User is required to mandatorily provide (i) first name, last name, address/location; (ii) email address; (iii) business category (buyer and seller, buyer, seller, broker), Preference (single selection: natural, lab grown), Notification Preference (single selection: all, natural, lab grown, none) and optionally provide at its discretion the following information (i) company name, additional address details, profile, reference code. After providing the relevant information, for the purpose of additional security measures, the Users are asked certain questions related to gems and jewellery business, in the event, a User fails to answer the relevant questions correctly, the Users are not allowed to register on the Portal.

While undertaking registration process on the GA Demands Application, the User may provide, certain information with respect to the User identification such as name, mobile number, email address and personal data or information including sensitive personal data or information (as such term is defined in the Information Technology Act, 2000 read with the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) (“Information”). Any Information, shared by the User on the GA Demands Application, will be collected, processed, stored, handled, used, transferred, disclosed and/or retained by the Company as a data processor in accordance with the User Agreement and subject to the Applicable Laws, for the purpose of administering the User’s association with the GA Demands Application and based on the requirements of such association for onboarding, registration, billing, accounting and record keeping purposes.

The User hereby confirms that the Information provided by the User to the Company is true, accurate and complete and the User hereby agrees to fully indemnify and keep indemnified the Company, its management, directors, employees, administrators, consultants, assigns, representatives etc. for any claims, demands, losses, damages, actions and/or other liabilities, whether financial or otherwise, arising directly or indirectly from any reliance upon such Information. Further, any usage of the Information available on the GA Demands Application by any User in a fraudulent, inappropriate or unauthorised manner whether directly or indirectly which comes to the notice of the Company by itself or through receipt of any grievances from other Users, the Company shall immediately de-register such User for the purpose of safety and security of other Users of the GA Demands Application. In the event any User has any grievance in respect to the de-registration, such User can connect with the Grievance Officer and the Grievance Office shall address the query in accordance with the Applicable Laws.

By clicking the “I Accept” icon appearing at the end of the Terms and Conditions and the Privacy Policy, the User shall be contracting with the Company for use of the GA Demands Application and the User Agreement shall constitute the User’s legally binding obligations while using the GA Demands Application of the Company.

All Information required to be entered into the GA Demands Application as set out in Clause 1 of the Terms and Conditions hereinabove by the User towards registration and creation of the account, shall collectively be referred to as “Account Information”. The User Account shall only be created by the User providing all the Account Information as may be required using the computer systems and upon the Company verifying such Account Information at the time of creation of the User Account.

User is responsible for maintaining the confidentiality of the Account Information and shall be fully responsible for all activities that occur under the User Account. The User agrees to (i) immediately notify the Company of any unauthorised use of its Account Information or any other breach of security; and (ii) ensure that the User exits/logs out from its User Account at the end of each session. The Company cannot and shall not be liable whether financially or otherwise for any loss or damage arising from the User’s failure to comply with the User Agreement.

User shall ensure that the Account Information provided by it at the time of creation of the User Account is complete, accurate and up to date. Use of another User’s Account Information for accessing the other User’s Account is expressly prohibited and strict action will be initiated in accordance with Applicable Laws for such breach.

Solely to enable the Company to use the Account Information supplied to it by the User and to ensure that the Company is not in violation of any rights that the User may have in the Account Information, the User agrees to grant the Company a right to collect, process and store the Account Information for the purpose of the User having access and use the GA Demands Application. The Company will only use Account Information in accordance with the User Agreement.

GA Demands Application is a downloadable application through the app store / google play store, which is an integration application which provides an interface to the interested manufacturers, traders, retailers, buyers, sellers and brokers of Diamonds to connect online for trading in Diamonds offline and also provides features like calculator for computing the Diamond cost, publish newsletters and articles in respect to gem and jewellery industry and host knowledge sharing sessions.

Services offered to the Users of GA Demands Application shall, inter alia, be in the nature of the following services including any new features and services that may be added from time to time (collectively, the “Services”):

Post Now icon: The Users have the opportunity to post their demand by putting in all the details of the demand for Diamonds, including with respect to whether the demand for the Diamonds is for a parcel (P), single certified (SC) or single non-certified (S) diamond (“Demand”). Once the User clicks on any of these aforesaid options, they are directed to the page where they can put in all specific details of their Demand (which are predefined values based on the diamond industry, as well as terms and remarks box with free text), the GA Demands Application also matches the Demand to inventory details.

View / Filter / Star / Save icon: The Users have the opportunity to do the following action –

For viewing: Users need to click on a Demand tab to view the details of the Diamond requirement.

For Filter: Users need to click on sell button and select from which Demands they want to filter (parcel (P), single certified (SC) and single non-certified (S)) and then select the Diamond details that relate to them.

For Star/Save: Users can click on star button to save Demands for future reference and for tracking them if they would like to in future.

Call / Message / Share Feature: Users have the facility to message, call or share the Demand. The message and share button are visible in the Demand page. Users can share text messages, images, videos, voice notes and documents in the message section. When the Users click on the profile page of the buyer, they can view other active Demands the buyer has posted, the details of the buyer (first name, last name, company name, email, bio, company address, member since) as well as the call button to call the buyer.

Report icon: In the event any Demand is wrongly listed or there is any other issue / query related to other User, the User can report a particular Demand by clicking on the Report icon set out on the Demand page or on user profile page. Also, in the event any Inventory is wrongly listed or there is any other issue / query user can report a particular Inventory by clicking on the Report icon set out on the Inventory Page.

Calculate Now icon: The Users have the opportunity to use the calculator feature on the GA Demands Application, where they can easily calculate values of the Diamond deals they are doing with fields like, including with respect to carat(s), price/carat (USD/INR), terms, due, conversation rate (rate of USD to INR), brokerage. The Users shall get the output of total amount (either in USD or INR based on the specific User’s choice) as well as the brokerage amount and net amount of the business value.

Learn More icon: The Users will have the opportunity to access the latest News, Webinars and Articles in the knowledge section. This section consists of 3 (three) parts and the Users may make unlimited use of the same:

News: GA Demands Application also aggregates real time news from various industry sources present it to Users. When the Users click on an article title, it redirects the User to the website/news article of that publication.

Blogs: GA Demands Application has a blog section wherein the blogs by GemAtlas are published periodically.

Webinars: GA Demands Application past webinars (and showcase them through youtube).

FAQs: Frequently asked questions (“FAQs”) are most commonly asked questions that the Company on best effort basis tries to solve for the Users. The FAQs shall solve some of the most common issues that the User might face in understanding about the GA Demands Application and the features provided by GA Demands Application as available under https://gademands.com/.

Inventory: The Users have the opportunity to upload their inventory by putting in all the details of the inventory for Diamonds, including with respect to whether the inventory for the Diamonds is for a parcel (P), single certified (SC) or single non-certified (S) diamond (“Inventory”). Once the User clicks on any of these aforesaid options, they are directed to the page where they can put in all specific details of their Inventory (which are predefined values based on the diamond industry, as well as terms and remarks box with free text), the GA Demands Application also matches the Inventory to Demands details.

The User may select the pack on the GA Demands Application that the User wishes to subscribe from time to time (“Fees”). The Company may from time to time provide certain Services for free at the discretion of the Company.

The User shall pay the Fees through the payment feature available on the GA Demands Application through a third party payment gateway. Please note that the Company is not collecting or storing any payment related information of the User.

The Fees shall be subject to changes from time to time which shall be informed to the Users. The Fees are non-refundable and non-transferable and the User may cancel subscription at anytime in accordance with the terms of the User Agreement.

The User agrees, undertakes and confirms that its use of the GA Demands Application shall be strictly governed by the obligations contained herein and the Applicable Laws. The User shall not display, upload, modify, transmit, update or share any Content/Information that:

belongs to another person and to which the User does not have any right;

is grossly harmful, harassing, threatening, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise unlawful in any manner whatsoever;

involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.

infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;

provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone’s privacy, or providing or creating computer viruses or smuggling;

tries to gain unauthorized access or exceeds the scope of authorized access to the GA Demands Application or to profiles, blogs, communities, account information, bulletins, or other areas of the GA Demands Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

engages in commercial activities and/ or sales without the Company’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes;

solicits gambling or engages in any gambling activity or smuggling which the Company, in its sole discretion, believes is or could be construed as being illegal;

interferes with another User’s use and enjoyment of the GA Demands Application;

refers to any website or mobile application or URL that, in the Company’s sole discretion, contains material that is inappropriate for the GA Demands Application or any other website or mobile application or URL, contains Content that would be prohibited or violates the letter or spirit of these Terms and Conditions;

harms minors or children in any way; violates any law for the time being in force or impersonates another person;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

threatens the unity, integrity, defence, security or sovereignty of India, India’s friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

directly or indirectly, offers, attempts to offer, trades, or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law, rule, regulation, or guideline for the time being in force;

cause any fraudulent activity or any cyber crimes; or

creates any liability whether financial or otherwise of any nature whatsoever for the Company.

User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the GA Demands Application or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the GA Demands Application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the GA Demands Application. The Company reserves its right to bar any such activity.

User shall not attempt to gain unauthorized access to any portion or feature of the GA Demands Application, or any other systems or networks connected to the GA Demands Application or to any server, computer, network, or to any of the Services offered on or through the GA Demands Application or of the Company, by hacking, password “mining” or any other illegitimate means.

User shall not probe, scan or test the vulnerability of the GA Demands Application or any network connected to the GA Demands Application nor breach the security or authentication measures on the GA Demands Application, or any network connected to the GA Demands Application. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor of the GA Demands Application, or any other User, to its source, or exploit the GA Demands Application or any service or information made available or offered by or through the GA Demands Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the GA Demands Application.

Server hacking or other perpetration of security breaches is prohibited and the Company reserves the right to deactivate the User Account containing information about hacking or links to such information. User’s use of its User Account as an anonymous gateway is prohibited.

User agrees not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to: (1) attempt to mislead any person as to the identity, source or origin of any communication; (2) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which User do not have authorization to access or at a level exceeding User’s authorization; or (3) use User’s server as an “open relay” or for any of the above purposes.

User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about GA Demands Application and the GA Demands Application or otherwise engage in any conduct or action that might tarnish the image or reputation of the Company or otherwise tarnish or dilute any of the Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by the Company. User agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the GA Demands Application or the Company’s systems or networks, or any systems or networks connected to GA Demands Application.

User agrees not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the GA Demands Application or any transaction being conducted on the GA Demands Application, or with any other person’s use of the GA Demands Application.

User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin or transmittal of any message the User sends to the Company on or through the GA Demands Application or any Services offered on or through the GA Demands Application.

User shall not use the GA Demands Application or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and/ or others.

User shall at all times ensure full compliance with all Applicable Laws as may be amended from time to time. The User shall not engage in any transaction or activities, which is prohibited by the provisions of any Applicable Laws for the time being in force.

User understands that the Company has the right at all times to disclose any information available with the Company (including the identity of the person providing information or materials on the GA Demands Application, its location, or any other Information of the User, etc.) as necessary, to satisfy any requirements under the Applicable Laws and governmental requirements. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, the Company can (and the User hereby expressly authorizes the Company to) disclose any Information about the User to appropriate authority in accordance with Applicable Laws as the Company, in its sole discretion, believes is necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

The Company shall have the right to remove or edit any User Content or Information that in its sole discretion violates, or is alleged to violate, any Applicable Laws or either the spirit or letter of these Terms and Conditions and the User Agreement. Notwithstanding this right, User remains solely responsible for the User Content or Information that it provides on the GA Demands Application. The Users are advised that such User Content or Information posted does not necessarily reflect the Company’s views. In no event shall the Company assume or have any responsibility or liability for any User Content or Information posted or for any claims, damages or losses resulting from use of User Content or Information and/ or appearance of User Content or Information on the GA Demands Application. The User hereby represents and warrants that it has all necessary rights in and to all User Content or Information which it provides and that such Content or Information shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. The User agrees and acknowledges that it shall assume all the risks associated with the User Content or Information, including but not limited to anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by the User of any User Content or Information that makes it personally identifiable.

User acknowledges that the Company is required to report cyber security incidents, and relay related information, to the appropriate authority, such as the identity, location, other Personal Information, etc. of the Users and relevant data in connection therewith, which report may include data of the Users and their activities on the GA Demands Application. The User shall be obligated to extend all assistance as may be required by the Company from the User in this regard.

User acknowledges and agrees that it shall at all times respect the privacy of other Users of the GA Demands Application.

The Company shall have all the right to take necessary action and claim damages that may occur due to User’s involvement/participation in any way on its own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

The GA Demands Application and any other software/features that are available on the GA Demands Application are the property of the Company. Users may not use, download, or install any software available on the GA Demands Application, unless otherwise expressly permitted by these Terms and Conditions or by the express written consent of the Company.

Users shall alone be responsible for navigating out of the GA Demands Application. In case a person using the world wide web/internet receives a spam e-mail, virus or any communication which includes a link to the GA Demands Application or to any other site maintained, operated or owned by the Company, it should not be held responsible for the same. The Company shall not be responsible and/or liable whether financially or otherwise for such communication.

User acknowledges and agrees that the Company shall have the right to seek and User shall be obligated to provide any and all Information reasonably sought by the Company pursuant to the User’s use of the GA Demands Application and the Services.

User shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to User Account; and (2) ensure the security, confidentiality and integrity of User Account.

User agrees to provide government-issued photo identification and/or government-issued business identification as required for verification of identity as and when requested by the Company in accordance with the Applicable Laws and the Company shall adopt all security and precautionary measures as required under the Applicable Laws for collection, storage, handling, processing, usage and transfer of such data.

Solely to enable the Company to use the Account Information supplied to it by the User and to ensure that the Company is not in violation of any rights the User may have in the Account Information, the User agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights the User has in the Account Information, in any media now known or not currently known. The Company will only use Account Information in accordance with these Terms and Conditions and the Privacy Policy of the Company (accessible at https://gademands.com/#termsandcondition) applicable to the User.

User is responsible for acquiring and updating compatible hardware or devices necessary to access and use GA Demands Application and any updates thereto. GA Demands Application /Services may be subject to stoppage of access, malfunctions and delays inherent in the use of the internet and/or any electronic communications or based on the terms of the User Agreement. The Company shall make all its endeavours to ensure that the GA Demands Application and Services are restored at the earliest possible.

The GA Demands Application may access data of the Users from other applications and portals, if the Users have consented to such access.

Termination or Suspension of Services by the Company through the GA Demands Application shall be in accordance with the User Agreement:

The Company may monitor the User’s use of GA Demands Application in order to determine whether the User is complying with these Terms and Conditions and the User Agreement. Any breach of the User Agreement or inappropriate use of the GA Demands Application by the User, the Company shall have the right to forthwith terminate the User Agreement and access to the GA Demands Application.

The Company reserves the right to suspend/remove User’s access or use of the GA Demands Application or terminate use of the GA Demands Application for the User with immediate effect without notice, if:

the Company is required by the Applicable Laws to do so;

the User provides any Information, including the Account Information and/or personal information, that is untrue, inaccurate, not current, or incomplete, (or becomes untrue, inaccurate, not current, or incomplete) or if the Company has reasonable grounds to suspect that such Information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms and Conditions and the User Agreement;

it is brought to the Company’s notice or it is discovered that such User is not eligible to use the GA Demands Application and/or the User Account in accordance with the terms of the User Agreement;

the Company believes that the User’s use of the GA Demands Application may be in breach of any Applicable Laws;

the Company believes that the User has committed a breach of these Terms and Conditions and/or the User Agreement; or

the Company believes that User’s use of the GA Demands Application may compromise or have an adverse effect on the Company’s systems or networks.

User agrees that it will have no claim against the Company whether financial or otherwise in respect of any action taken by the Company as enumerated herein, and the User hereby undertakes to indemnify the Company against any claim arising out of the breach and/or action or omission of the User under the terms of the User Agreement.

Deletion of User Account from the GA Demands Application:

All rights, title, interest and ownership including the intellectual property rights in the GA Demands Application including the Content except the User Information solely and legally vest in the Company and the legal property of the Company. User shall not use any intellectual property of the Company without prior written permission from the Company.

The User shall not copy, reproduce, display, publicly perform, republish, upload, post, transmit, distribute, transfer or otherwise use GA Demands Application in any way, including by other electronic means, whether directly or indirectly, for any public or commercial purpose.

The Company reserves to itself the right to temporarily or indefinitely suspend or terminate the User’s membership and refuse to provide the User with access to the GA Demands Application without any liability, whether financial or otherwise, if the User makes any unauthorised use of the GA Demands Application or breaches the User Agreement or violates any Applicable Laws while accessing the GA Demands Application.

The Company takes no responsibility to verify any information shared by the Users on the GA Demands Application and the Users shall remain solely liable for the information, Demands that may be provided on GA Demands Application including if they are found to be objectionable or in violation of any third-party intellectual property rights. The Company shall assume no responsibility for any such information published on the GA Demands Application.

USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT USER’S USE OF THE GA DEMANDS APPLICATION IS AT USER’S OWN FREEWILL, RISK AND DISCRETION. THE COMPANY, ITS AFFILIATES, GROUP COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, PERFORMANCE, USAGE, OR TRADE PRACTICE OR ABOUT (A) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE GA DEMANDS APPLICATION, (B) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE GA DEMANDS APPLICATION, (C) THE SERVICES FOUND AT THE GA DEMANDS APPLICATION OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE GA DEMANDS APPLICATION, AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME, (D) THE SERVICE OR QUALITY OF ANY SERVICES OR INFORMATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND/OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE GA DEMANDS APPLICATION, SERVICES AND ALL CONTENT IS PROVIDED TO THE USER STRICTLY ON AN “AS IS” BASIS. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR THE GA DEMANDS APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, COMPLETELY SECURE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA.

IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY THE COMPANY, ITS AFFILIATES, GROUP COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (INCLUDING WITHOUT LIMITATION ITS CUSTOMER SERVICE REPRESENTATIVES) WILL (A) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (B) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE GA DEMANDS APPLICATION OR THE SERVICES FOUND AT THE GA DEMANDS APPLICATION, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE USER ACKNOWLEDGES THAT THE COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET AND THAT THE GA DEMANDS APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES.

THE USER ACKNOWLEDGES THAT GA DEMANDS APPLICATION IS LIMITED TO GUIDING THE USERS AND PROVIDING USERS WITH AN INTERFACE TO CONNECT WITH OTHER USERS IN CONNECTION WITH THE DEMAND AND THE COMPANY IS IN NO WAY LIABLE FOR PROVIDING ANY ASSURANCE TO THE USERS IN RESPECT TO THE VALIDITY OF THE DEMAND AND/OR QUALITY/QUANTITY OF THE DIAMONDS.

ADDITIONALLLY THE USER IS AT LIBERTY TO VERIFY AND CHECK THE CREDENTIALS OF ANY PARTY THAT THE USER MAY BE INTERESTED IN AND CHECK AND VERIFY ALL DATA SHARED ON THE GA DEMAND APPLICATION.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS, USER AGREEMENT OR USER’S USE OF THE GA DEMANDS APPLICATION OR THE SERVICES FOUND AT THE GA DEMANDS APPLICATION.

The Company will not be held liable for loss of any data, technical or otherwise, or of the User’s Information, due to acts of God as well as reasons beyond its control like corruption of data or sabotage, virus attacks, communication line failures, power failures, system breakdowns, malwares, breakdown of facilities or delay or failure to perform as a result of any cause(s) or conditions that are beyond the Company’s reasonable control including but not limited to insurrections, riots, floods, fire, earthquakes, strikes, riots, civil unrest, government policies, any law, ordinance, order, actions or regulations of government etc., tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.

Nothing contained in the GA Demands Application and the Services creates any contract or right of action against the Company. It is offered solely as a service to Users and the Company makes no warranties, express or implied, regarding the information contained on the GA Demands Application and the Services.

The Company, its agents, management, directors, employees, managers, representatives and related persons and entities are hereby released from all refunds or warranties, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected, and unsuspected, disclosed, and undisclosed, arising out of or in any way connected with the GA Demands Application and the Services. In the event of any claims raised by the Users in respect to the GA Demands Application and the Services, the maximum liability of the Company whether financial or otherwise for any reasons whatsoever subject to finality of the order of the court be limited to the Fees paid by the User on the GA Demand Application.

GA Demands Application is being continuously updated with new visualisations. There may be a minimal downtime which will be displayed and intimated on the GA Demands Application. Scheduled maintenances may also take place from time to time. Unscheduled maintenance may also need to be performed under some circumstances. During this time, the server may be off-line. In this case a notice regarding the maintenance may be posted by the Company on the GA Demands Application.

The Company will not be liable to the User in any way, in connection with the Services and/or the GA Demands Application. The Company does not warrant that the Services made available to the User through the GA Demands Application, GA Demands Application or their servers, or electronic communication sent from the Company are free of viruses or other harmful components.

The Company has endeavoured to ensure that all the information regarding the GA Demands Application on the GA Demands Application is correct. However, the Company neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained on the Services and the GA Demands Application. The Company disclaims any liability, responsibility, or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or in connection with the use of the information, data and/or materials contained on the Services and/or the GA Demands Application.

Nothing in the Services and the GA Demands Application constitutes or is meant to constitute as advice provided or recommendation made by the Company in relation to a specific Services/products.

The Company in no way shall be held responsible and liable, whether financially or otherwise and the Company hereby disclaim any guarantees for the accuracy of the information and the Content that has been displayed on the GA Demands Application. The Company further expressly disclaims any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose or legality of the Services provided or the Content (including pricing information and / or specification) provided on the GA Demands Application by the Company and the Users. The GA Demands Application may contain typographical errors or inaccuracies which may not be complete or current.

The User may review the terms and conditions as applicable to the relevant Services listed / displayed on the GA Demands Application to appraise themselves and keep themselves updated.

The Company does not guarantee and is not responsible for any non - performance or breach of any contract entered into between the Users amongst themselves who have connected through the GA Demands Application, including but not limited to:

Non-fulfillment of any contract by the other User, for any reason whatsoever; or

Any dispute over incorrect / deficient / mediocre / unsatisfactory / detrimental information/ Demands provided by any other Users who any User is dealing with through the GA Demands Application.

At no time shall the Company hold any right, title, claim, interest over the Demands, information displayed on the GA Demands Application by Users of the GA Demands Application nor shall the Company have any obligations or liabilities in respect of the same as the GA Demands Application is an aggregator platform providing an interface to the Users of gem and jewellery industry. The Company is not responsible for unsatisfactory or delayed performance of the other Users who any User connects with through the GA Demands Application.

In no event shall the Company, its affiliates, group companies, officers, directors, management, employees, agents and representatives, be liable to the User whether financially or otherwise for any special, incidental, indirect, punitive or consequential damages of any kind in connection with these Terms And Conditions, User Agreement, including any that may result from (i) personal injury or property damage of any nature whatsoever, (ii) third-party conduct of any nature whatsoever, (iii) any unauthorized access to or use of the Company’s servers and/or any and all Content, personal information, financial information or other Information and data stored therein, (iv) any interruption or cessation of Services to or from GA Demands Application, (v) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from the GA Demands Application, (vi) any User content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (vii) any loss or damage of any kind incurred as a result of User’s use of the GA Demands Application or the Services found at the GA Demands Application, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not the Company is advised of the possibility of such damages, (viii) any damage or loss to the User resulting from interaction and / or interfacing on the GA Demand Application with other Users.

Subject to the above and notwithstanding anything to the contrary contained in these Terms and Conditions and the User Agreement, the maximum aggregate liability whether in contract, tort (including negligence or equity) of the Company vis-à-vis any User, regardless of the form of claim, be limited to the amount of the Fees paid by the User on the GA Demands Application.

The foregoing limitations of liability will apply to the fullest extent permitted by Applicable Law and shall survive any termination or expiration of these Terms and Conditions, User Agreement or User’s use of the GA Demands Application or the Services provided by the Company.

In accordance with the Information Technology Act, 2000 and rules made thereunder, the name, contact details and designation of the Grievance Officer are provided below for easy reference:
Name: Akash M
Phone: +91 9152052080
Email: [email protected]

In the event of any questions or comments or complaints (including any inquiries or issues related to use of a trademark, trademark, use or privacy of personal information, or copyright infringement) raised by the User, regarding the GA Demands Application or the Services, the same shall be acknowledged and redressed by the Grievance Officer within the timelines specified under Applicable Laws.

Certain terms may be defined in these Terms and Conditions and the User Agreement and wherever such terms are used in these Terms and Conditions and the User Agreement, they shall have the meaning so assigned to them.

For the purpose of these Terms and Conditions and the User Agreement, words importing the singular include the plural and vice versa, pronouns importing a gender include each of the masculine, feminine and neuter genders, and where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings.

The titles and headings of these Terms and Conditions and the User Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.

Each covenant and agreement in these Terms and Conditions and the User Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.

If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms and Conditions and the User Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms and Conditions and the User Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

Throughout these Terms and Conditions and the User Agreement, The Company’s prior written consent means a communication coming from the Company, specifically in response to the User’s request and specifically addressing the activity or conduct for which the User seeks authorization.

When the User avails any of the Services on the GA Demands Application, the User will be subject to the terms and conditions of the User Agreement. The Company reserves the right, at its sole discretion, to amend, update, replace, revise, change, modify, add, or remove portions of the Terms and Conditions and the User Agreement, at any time without any prior written notice to the User. It is the User’s sole responsibility to review the Terms and Conditions and the User Agreement periodically for updates or changes. The User’s continued use of the GA Demands Application following the posting of changes shall be deemed to mean that the User accepts and agrees to the revisions.

The Company may provide a translation of the English version of these Terms and Conditions and the User Agreement. User understands and agrees that any translation of these Terms and Conditions and the User Agreement into other languages is only for User’s convenience and that the English version only shall govern the terms of User’s relationship with the Company. In the event of any inconsistency or ambiguity arising between the English version of these Terms and Conditions and the User Agreement and its other translated versions, the English version of these Terms and Conditions and the User Agreement shall prevail over other such translated versions.

SCOPE AND APPLICABILITY OF THIS POLICY
This Privacy Policy applies to GemAtlas, any person employed directly or by or through any agency or contractor whether for remuneration or not in connection with or incidental to the work of GemAtlas by GemAtlas in any capacity or category or grade whether permanent, temporary, badli, casual, probationary or contractual basis in any of its workplace and includes apprentices, probationers, trainees whether paid stipend or not or employed as contractual employees/ labour or advisors or consultants (“GemAtlas Constituents”) who collect, possess, use, process, record, store, transfer, disclose, deal, handle and receive, the personal data or information from the User (“You” or “Your”) in India or overseas including but not limited to any consultants, service providers, contractors, advisors, accountants, agents, person, representatives of GemAtlas who provide services to or on GemAtlas’ behalf in connection with the GA Demands Application (“Third Person”).

This Policy summarises what type of Personal Data or Information We collect about You, purpose of collection, storage and usage of such data or information, to whom such data or information may be disclosed/transferred and how We protect Your privacy.

TYPES OF PERSONAL DATA OR INFORMATION WE COLLECT
The term “Personal Data or Information” in this Policy refers to personal information which does and/or is capable of identifying You as an individual. The types of Personal Data or Information that We collect consist of personal information relating to Your:
(a) name;
(b) email;
(c) mobile number;
(d) postal addresses;
(e) User’s device details;
(f) User’s browser type and operating system;
(g) links the User clicks;
(h) User’s Internet Protocol (IP) address;
(i) the length of time User visits the GA Demands Application or uses the “Services”;
(j) User’s activities on the GA Demands Application or use of the Services (including User’s movement/ navigation through the GA Demands Application).
(k) information provided by the User while using the Services on the GA Demands Application or that which is generated in the course of use of the Services including timing, frequency, and pattern of use of Services such as page views and navigation patterns;
(l) referring URL or the webpage that led the User to GemAtlas’ Website, language preferences;
(m) internet service provider (ISP); and
(n) location/ country of residence.

This Privacy Policy does not apply to any information that You may disclose publicly and which is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force and such information shall not be regarded as Personal Data or Information for the purposes of this Policy.

Your Personal Data or Information shall not be disclosed to any Third Person unless the said Third Person is required to have the Personal Data or Information of You to provide the required Services to You and/or with Your permission and/or to help investigate, prevent or take action regarding unlawful and illegal activities, suspected fraud, potential threat to the safety or security of any person, violations of the terms and conditions of use of the GA Demands Application or to defend against legal claims and special circumstances such as compliance with the rules of any stock exchange, subpoenas, court orders, requests/order from legal authorities or law enforcement agencies requiring such disclosure.

Further, any Personal Data or Information disclosed by You, any service provider or trader or any third party that You connect with through the GA Demands Application shall not be responsible and/or liable to treat the same as the Personal Data or Information to be protected by GemAtlas.

YOUR CONSENT
You are providing Your consent by providing Your details to GemAtlas vide any electronic medium and by pressing the “I Accept” icon on the GA Demands Application (“Consent”) with respect to the purpose of usage of such Personal Data or Information and its disclosure to Third Party, if any.

If You give Your Consent, it is construed that You have done so freely and voluntarily and that You agree to this Policy. You always have the right to refuse or withdraw Your Consent for the Personal Data or Information sought to be collected or withdraw Your Consent given earlier to us. We will always respect such a refusal or withdrawal, but it might mean that We are unable to perform all the Services, arrangements or contracts with You and will have the option to discontinue the same. We will inform You of these inabilities, if they occur. However, We reserve the right to retain such Personal Data or Information as may be necessary in accordance with this Policy, User Agreement and/or if legally required, under the IT Act, IT SPDI Rules and other applicable laws.

You are aware of the:

Personal Data or Information will be collected, received, possessed, used, processed, recorded, stored, transferred, dealt, handled, retained and disclosed in compliance with the local laws/regulations in India including IT Act and IT SPDI Rules;

Personal Data or Information will be relevant/necessary to/for the purposes for which it is collected and used;

Personal Data or Information will be current and accurate with reasonable steps taken by GemAtlas to rectify or delete inaccurate Personal Data or Information;

Personal Data or Information will be kept only as long as necessary for the purposes for which it was collected and processed, and as legally required under the IT Act, IT SPDI Rules and other applicable laws; and

Reasonable measures will be taken to prevent unauthorised access or use, unlawful processing, and unauthorised or accidental loss, destruction, or damage to such Personal Data or Information.

PURPOSES FOR COLLECTION, STORAGE AND/OR USE OF PERSONAL DATA OR INFORMATION
The primary purposes for collection, storage and/or use of Personal Data or Information is for:

DATA COLLECTION DEVICES
In addition to Personal Data or Information, We may use data collection devices such as “cookies” or other technology to obtain certain types of information when Your web browser accesses the GA Demands Application. Cookies are small files containing a string of characters to identify Your browser. Cookies allow the GA Demands Application to remember important data or information that will make Your visit to the GA Demands Application more useful. GA Demands Application may use cookies and other technology to store pertinent user information during a session to speed navigation and keep track of items and to collect anonymous traffic data that We may use to enhance GA Demands Application and for marketing and promotional purposes. You can reset Your browser to refuse cookies or warn You when they are being sent. Please note that by turning cookies off, You may not have access to all features available on GA Demands Application. We also use logging systems on our internal network to register the use of our computer systems. This is done for the purpose of ensuring the performance, integrity and security of these systems. We may also contract with Third Persons to track and analyse anonymous usage and volume statistical information from our visitors and members for research purposes. Such information is shared externally only on an anonymous, aggregated basis. Such Third Persons use persistent cookies to help us to improve the visitor experience, to manage GA Demands Application Content, and to track visitor behaviour. All data or information collected by such Third Persons on our behalf is used solely by or on behalf of GemAtlas and is shared externally only on an anonymous, aggregated basis.

We will make best efforts to do so but do not warrant that GA Demands Application or network system linked to GA Demands Application is free of any operational errors nor do We warrant that GA Demands Application will be free of any virus, computer contaminant, worm, or other harmful components. GA Demands Application may contain links to other sites which are not owned or operated by GemAtlas. GemAtlas is not responsible and makes no guarantee for the privacy practices or the content of such links or sites. These links are provided only as a convenience to You. Neither GemAtlas nor any of its affiliates are responsible for the availability of such links or sites. GemAtlas will not be liable for Your Personal Data or Information transmitted over networks accessed by You on these sites or otherwise connected with Your use of the GA Demands Application. You understand, acknowledge and agree that GemAtlas is not responsible or liable, directly or indirectly, for any damage or loss of any sort caused in connection with Your use of or reliance on any content of any such site or services available through any such site.

You acknowledge that GA Demands Application, the Services, Content and/ or any software are provided by GemAtlas are on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose. Although GemAtlas has taken adequate safeguards, and in case of any breach GemAtlas may take action to remedy such breach. In addition to taking all the reasonable precautions as required under law, GemAtlas expressly disclaims any and all warranties, express or implied, including, without limitation: (i) the GA Demands Application, the Services and/ or software will be free of all viruses and hacking; (ii) GA Demands Application will work on all mobile phones, will be compatible with all mobile phone networks and/or will be available in all geographical areas; and (iii) any Services on the GA Demands Application will be uninterrupted, timely, secure or error-free for any reasons whatsoever including but not limited to overload/breakdown of receiving network, servers or applications; system failures out of the GemAtlas’ control or due to heavy traffic on network.

DISCLOSURES OR TRANSFER OF YOUR PERSONAL DATA OR INFORMATION
GemAtlas will transfer, with Your Consent, the Personal Data or Information to any other Third Person in India or overseas, that ensures the same level of data protection that is adhered to by GemAtlas as set out herein for fulfilling any contractual obligation.

We will disclose or transfer Your Personal Data or Information in accordance with this Policy and all applicable legal requirements in India.

Your Personal Data or Information will be disclosed or transferred, as may be required from time to time, as follows:

REASONABLE SECURITY PRACTICES AND PROCEDURES AND AUDITS
We seek to ensure compliance with the requirements of the IT Act to ensure the protection and preservation of Your privacy, therefore We take reasonable security measures to protect Your Personal Data or Information against unauthorised access, alteration, disclosure or destruction. We have a number of physical, electronic, and procedural safeguards/measures in place to actively protect the confidentiality, security, and integrity of Your Personal Data or Information, including a comprehensively documented information security programme and a strict security policy that contains managerial, technical, operational and physical security control measures for protecting such data or information. We have implemented standard or code of best practices for data or information protection.

We limit access to Your Personal Data or Information to GemAtlas Constituents who We believe reasonably need to come into contact with that information for the purpose of performing their duties and rendering services to You. We have strict confidentiality obligations that apply to GemAtlas Constituents and Third Person’s. Failure to meet these obligations may result in disciplinary and other actions, including dissolution of a contract, termination of employment and criminal prosecution.

We conduct training to authorised users regarding the lawful and intended purposes of processing Your Personal Data or Information, the need to protect and keep information accurate and up-to-date and the need to maintain the confidentiality of the data or information to which such authorised users have access. Authorised users will comply with this Policy, and We will take appropriate disciplinary actions, in accordance with applicable laws in India, if Your Personal Data or Information is accessed, processed, or used in any way that is inconsistent with the requirements of this Policy as may be modified or amended from time to time.

RETENTION OF YOUR PERSONAL DATA OR INFORMATION
We are aware of the importance of timely destruction of Personal Data or Information. We ensure that Your Personal Data or Information is not stored/retained for a longer period than necessary for the purpose for which it was collected, used or processed or as provided in our contracts except when there is a legal obligation to do so under any law in India, including but not limited to, the IT Act and IT SPDI Rules. It is our practice to destroy Your Personal Data or Information as soon as possible after it is no longer necessary for the purpose for which it was collected, used or processed save and except as stated hereinabove.

UPDATING OR REVIEWING YOUR PERSONAL DATA OR INFORMATION / QUESTIONS OR COMPLAINTS
You may by a written request review the Personal Data or Information provided by You and also update the same from time to time. We will ensure that any Personal Data or Information about You which is found to be inaccurate or deficient shall be corrected or amended as may be feasible.

You expressly state that Personal Data or Information provided by You to us is correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent or misleading facts. We expressly disclaim any liability arising out of the said data or information provided by You to us. Further, You expressly agree that We are not responsible for the accuracy and authenticity of such data or information provided by You to us and You agree to indemnify GemAtlas for all losses incurred due to our reliance upon any false, distorted, manipulated, defamatory, libellous, vulgar, obscene, fraudulent or misleading information provided by You to GemAtlas.

In case of any discrepancies or grievances with regard to the processing of Your Personal Data or Information, please contact the “Grievance Officer” Name: Akash M; Phone: +91 9152052080; Email: [email protected] . Further on receipt of any concerns or complaints the Grievance Officer will employ all commercially reasonable efforts to address the same within 1 (one) month of receipt of same.

ENFORCEMENT RIGHTS
GemAtlas will ensure that this Policy is strictly observed. All GemAtlas Constituents and third persons who have access to Personal Data or Information are required to comply with this Policy.

All Third Persons shall only process the Personal Data or Information in accordance with GemAtlas’ instructions or make decisions regarding such data or information as part of the delivery of their services. In either instance, GemAtlas will select reliable Third Persons who undertake, by contract or other legally binding and permissible means, to put in place appropriate technical and organisational security measures to ensure an adequate level of protection of such data or information. GemAtlas will require Third Persons to comply with this Policy or to guarantee the same levels of data protection that is adhered to by GemAtlas when handling/processing such data or information. Such selected Third Person’s will have access to such data or information solely for the purposes of performing the services specified in the applicable service contract and are legally and contractually bound to maintain the privacy of such data or information shared with them and will not disclose it further. If GemAtlas concludes that a Third Person is not complying with these obligations, it will promptly take appropriate actions to remedy such non-compliance or implement necessary sanctions.

Additionally, GemAtlas Constituents are bound by internal confidentiality policies. Any GemAtlas Constituents found to have violated this Policy or any other policies will be subject to disciplinary action, up to and including termination of employment including penalties under applicable laws in India.

All Third Person’s and GemAtlas Constituents do hereby specifically agree that he/she/they shall, at all times, comply with the requirements of the IT Act and IT SPDI Rules while collecting, receiving, possessing, using, processing, recording, storing, transferring, dealing, handling, retaining and disclosing Personal Data or Information. The said Third Person’s and GemAtlas Constituents do further unequivocally declare that in case he/she/they violates any provisions of the IT Act and IT SPDI Rules, he/she/they shall alone be responsible for all his/her/their acts, deeds and things and that he/she/their alone shall be liable for civil and criminal liability there under or under any applicable Indian law for the time being in force.

You acknowledge and accept that We have the right to terminate Your access and usage rights to the GemAtlas Constituents and the Services in the case of Your non-compliance with any provision of this Policy.

DELETION OF USER ACCOUNT
User may at any time delete their User Account by contacting GemAtlas at [email protected].

The User shall have the right to restrict or prevent the continuing disclosure of the Personal Data or Information by GemAtlas where such disclosure has served the purposes or is no longer necessary for such purposes or where the User has withdrawn the consent earlier given to GemAtlas for disclosure of Personal Data or Information. This option of restricting or preventing the continuing disclosure of the Personal Data or Information by GemAtlas may be exercised by the User by contacting GemAtlas at [email protected].

ACCESS AND UPDATION OF PERSONAL DATA OR INFORMATION
As a registered User, User’s Personal Data or Information can be viewed and edited through User’s Account which is protected by a password.

GemAtlas takes reasonable steps to keep User’s Personal Data or Information accurate and complete. If a User has created a User Account on the GA Demands Application, the User can update their Personal Data or Information after they log into the User Account. User can also contact GemAtlas at the e-mail or postal address listed in the “FAQ” section at https://gademands.com/#faq.

MODIFICATIONS TO THE POLICY
GemAtlas reserves the right to update, change or modify this Policy, from time to time, without prior notification. The Policy shall come into effect from the date of such update, change or modification.

We will inform You regarding any such changes by updating this Policy on the GA Demands Application. You acknowledge that such posting shall amount to information to the User as prescribed by the IT Act and IT SPDI Rules.

Effective with the implementation of this Policy, all existing intra-group agreements and the applicable privacy guidelines or practices relating to the processing of Personal Data or Information will be superseded by the terms of this Policy and modified accordingly. All parties to any such agreements will be notified of the effective date of implementation of the Policy. If any of the terms or definitions used in this Policy are ambiguous, the definitions established under the IT Act and IT SPDI Rules shall apply.