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Terms & conditions

Prelude: These Terms of Use (hereinafter referred as the ‘Terms’) represent an agreement between CoffeeGems, hereinafter referred as the ‘CoffeeGems’ or ‘we’ and its Customer, overruling all prior negotiations or any agreement, whether written or oral except as provided in these Terms.CoffeeGems and Customer together shall be referred as the ‘Parties’.

By using CoffeeGems Website – including its products and services (hereinafter known as ‘the website’) you confirm that you have read, understood and agree to be bound by these Terms. By accessing or using any CoffeeGems Website you also ratify that you have the legal authority as per applicable law (including but not limited to age requirement) to accept the Terms. If you do not agree to the Terms, you are not authorized to use the CoffeeGems Website.

1. Terms of Use:
  1. Definitions: For the purposes of CoffeeGems Terms of Use, the following words/phrases shall have the meaning as specified below:
    • CoffeeGems Website: CoffeeGems Website will include all website and sub-domains currently owned or which might be purchased in the future by CoffeeGems or its Affiliates. Below is an indicative list of the same.
    • https://CoffeeGems.com
    • https://support.CoffeeGems.com
  2. CoffeeGems Affiliates: For the purposes of these Terms, CoffeeGems Affiliates shall include:
    • CoffeeGems International Pvt LTD
  3. Third Parties: Any party that is not a signatory to this Terms of Use or is not one of the CoffeeGems Affiliates shall be considered as Third Party for the purposes of these Terms.
  4. Chargeback: It is a forced transaction reversal initiated by a customer, using bank or payment gateway.
2. Website Registration:

You shall be required to register with our website in order to use the products & services provided by CoffeeGems. Protecting the confidentiality of your User Name and Password is solely your responsibility. You expressly agree to absolve the CoffeeGems of any responsibility / liability in this regard.

3. Use of the Website:

We offer CoffeeGems Website globally, without any restriction from our part. Therefore, you can access or use the Website or from any jurisdiction of the world and you will be doing so at your own risk and you are solely responsible for the compliance with the local laws or any other applicable national and international laws, sanctions and regulations.

4. Regulated Use of CoffeeGems Website:
  1. CoffeeGems Website is accessible from any part of the world with or without use of VPN; however, CoffeeGems does not provide its Services to the residents and companies in countries, which are currently under Sanctions imposed by Brazil or under the respective applicable laws. CoffeeGems is not obliged to provide the complete list of sanctioned or prohibited countries, and therefore, Customers are expected to do their own due diligence before using CoffeeGems Website or Services offered by CoffeeGems.
  2. If a Customer is resident of restricted countries then CoffeeGems has the complete discretion to cancel such services as and when it comes to its attention and CoffeeGems shall not have any obligation towards such Customers. Such Customers shall not have any right to seek refund from CoffeeGems; however, CoffeeGems has the discretion to whether or not return the fund transferred by such Customers.
5. General Duties of CoffeeGems:
  1. CoffeeGems will always endeavor to ensure quality and timeliness of its services.
  2. Customer has the right to raise a complaint about service deficiencies in accordance with the Terms and other policies agreed between the Parties.
  3. We always strive to provide quick and efficient customer support services.
  4. CoffeeGems shall inform the Customer about any change in these Terms of Use.
6. Customer Support:

For any Customer Support Queries (account-related and payment-related questions), please submit a ticket to our Customer Service department using the Customer Service contact form available at www.CoffeeGems.com in your back office. CoffeeGems will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

7. Disclaimer and Limit to Liability of CoffeeGems:
  1. You understand and agree that CoffeeGems provides the Services on ‘as-is’, ‘with all faults’ and ‘as available’ basis. You agree that use of the CoffeeGems Website or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded. No representations, warranties or guarantees whatsoever are made by the Company whether express or implied and expressly disclaim any and all representations and warranties as to the:
    • Accuracy, adequacy, reliability, completeness, suitability or applicability of the information, the content, data, products and/or services, merchantability or any warranty for fitness for a particular purpose.
    • That the Services will be uninterrupted, timely, secure, or error-free or that all deficiencies, errors, defects or non-conformities will be corrected.
    • The quality of any services, content, information, data, or other material on the CoffeeGems Website will meet your expectations or requirements.
    • Any errors in the CoffeeGems Website will be corrected.
    • Warranties against infringement of any third party intellectual property or proprietary rights; or other warranties relating to performance, non-performance, or other acts or omissions of the CoffeeGems, its officers, directors, employees, affiliates, agents, licensors, or suppliers etc.
    • CoffeeGems does not warrant that any of the software used and or licensed in connection with the Services will be compatible with other third party software or devices nor does it warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware. CoffeeGems, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of the CoffeeGems Website or the Services, whether based in contract, tort, strict liability, or other theory, even if CoffeeGems have been advised of the possibility of damages.
  2. CoffeeGems, its officers, managers, members, employees, attorneys or agents shall not be liable (jointly or severally) under any circumstances, including but not limited to negligence for any direct, indirect, special, incidental or consequential damages of any kind. This statement includes but not limited to the use of Services offered by CoffeeGems, data and profit loss on any theory of liability which may arise in or out of the connection with the ability or inability of the services offered by CoffeeGems or the materials on the CoffeeGems Website. The fact remains true despite the advice given to CoffeeGems or any of its representatives of the possibility of such damages. Limitation and exclusion of incidental or consequential damages may not be applicable to everyone since some jurisdictions do not allow such. Liability shall be limited to the fullest extent permitted by applicable law if any authority holds any portion of this section to be not enforceable.
  3. In the event any exclusion contained herein be held to be invalid for any reason CoffeeGems or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of CoffeeGems or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding account set-up charges paid by you.
8. Limitation on Bringing Claim:

Customer and CoffeeGems agree that any cause of action arising out of or related to use of the CoffeeGems Website or the Services must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.

9. Reserved Right to Modify Terms:

Customer agree that CoffeeGems has the right to make changes, modifications, amendments, alterations or deletions of any content of these Terms at any given time. Due to timely updates, Customers are expected to regularly visit the CoffeeGems Website to identify revisions to which they are bound. Use of the CoffeeGems Website after changes made, signifies acceptance, agreement and assent of the most recent version of the Terms and is therefore, bound by the updated Terms. When we make material changes to the Terms, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service or CoffeeGems Website after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service or CoffeeGems Website under the new version of the Terms, you may terminate your account by contacting us.

10. Intellectual Property Rights:

Unless otherwise specified, all materials appearing on the CoffeeGems Website, including the text, site design, logos, graphics, icons, and images, trademarks and other intellectual property assets as well as the selection, assembly and arrangement thereof, are the sole property of CoffeeGems. You may use the content of CoffeeGems Website only for the purpose of investing on CoffeeGems Website or placing an order on CoffeeGems Website and for no other purpose. No materials from the CoffeeGems Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission of the CoffeeGems. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on CoffeeGems Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

11. Payment Methods:

Please note that we accept wide range of payment methods that shall be available to you while registering to our website CoffeeGems Website. Kindly note that these Payment Methods or Gateways options keeps on changing and therefore we do not guarantee that a specific Payment Method or Gateway will be available all time on our platform or CoffeeGems Website.

12. Links to Other Website:
  1. The CoffeeGems Website may contain links to other sites on the Internet that are owned and operated by Third Parties. You acknowledge that we’re not responsible for the operation of or content located on or through any such site.
    • When you click on a link within the CoffeeGems Website, CoffeeGems may not warn you that you have left the CoffeeGems Website and are subject to the terms and conditions (including the privacy policies) of another website. Please be careful to read the terms of use and the privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website.
    • CoffeeGems is not responsible for the content or practices of any other website even if it links to the CoffeeGems Website. You acknowledge and agree that CoffeeGems is not responsible or liable to you for any content or other materials hosted and served from any website other than the CoffeeGems Website.
13. Privacy:

CoffeeGems keep your personal information private and secure. When you make a purchase from CoffeeGems Website, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience. Our secure servers protect your information using advanced encryption techniques and firewall technology and other measure listed in CoffeeGems General Privacy Policy.

14. CoffeeGems Cancellation Policy:

CoffeeGems has a Cancellation Policy that forms a vital part of these Terms. For the updated version of our Cancellation Policy, please refer to our website www.CoffeeGems.com.

15. CoffeeGems Refund Policy:

CoffeeGems has a Refund Policy that forms a vital part of these Terms. For the updated version of our Refund Policy, please refer to our website www.CoffeeGems.com.

16. Inaccuracies:

In the event Services are listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, CoffeeGems shall have the right to refuse or cancel any orders placed for service listed at the incorrect price. CoffeeGems shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged or not. For further details, please refer to CoffeeGems Refund Policy and Cancellation Policy.

17. Site User Conduct::

All users of the CoffeeGems Website shall be minimum eighteen (18) years of age or older (as required by the applicable laws and regulations) and must be eligible to enter into a legally enforceable agreement as per their local jurisdiction laws and regulations. In connection to the use of the CoffeeGems Website and content, users are not allowed to:

  1. Upload, post, e-mail, or otherwise transmit any:
    • Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise illegal or objectionable.
    • Content that does not give any right to users to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
    • Content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party.
    • Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
    • Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  2. Use the CoffeeGems Website for any unlawful purpose.
  3. Interfere with or disrupt the services and content of the CoffeeGems Website.
  4. Intentionally or unintentionally, violate any applicable local, state, national, or international law.
18. Disclaimer of Warranty:

CoffeeGems disclaims all warranties, expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or other violations of rights with the fullest extent permissible pursuant to applicable law. No liability or responsibility is assumed for any errors or omissions of the contents in the CoffeeGems Website; any corrected defects; any failures, delays, malfunctions, or interruptions in the delivery of the any content on the CoffeeGems Website; any losses or damages; or any conduct by users of the CoffeeGems Website, either online or offline. CoffeeGems does not warrant or represent the use or results of the use of the services or materials on the CoffeeGems Website in terms of correctness, accuracy, reliability, or otherwise. The users/clients or Customers shall assume the entire cost of servicing, repair or correction.

19. Representation by Customer:
  1. The Customer represents that they are legally eligible to enter into a contract as per the applicable law.
  2. The Customer represents that all the information provide by them during the purchase of any Service or subsequently is absolutely correct.
  3. The Customer agrees that they shall not make a copy or duplicate the any part or content of the Services offered by CoffeeGems, whether by recording the screen or otherwise.
  4. The Customer represents that they have read all the Terms and applicable policies and is in full compliant with them and shall remain so in the future.
20. Warranties and Indemnification by Customer:
  1. The Customer has read all the Terms and other applicable policies and warrants that they are in full compliance with the applicable laws, rules, regulations and policies, and will remain so at all times during the term of agreement with CoffeeGems and shall indemnify CoffeeGems or its Affiliates if they breach any of the Representation made above in Clause 19 of these Terms.
  2. In the event the Customer is in breach or reasonably anticipated breach, of any of the foregoing warranties and other terms, in addition to any other remedies available at law or in equity, CoffeeGems will have the right immediately in its reasonable discretion, to suspend any related Services if deemed reasonably necessary by CoffeeGems to prevent any harm to CoffeeGems or its business.
21. Autonomous Termination Rights of CoffeeGems:

CoffeeGems has the unilateral right to termination or cancel the Customer’s Services if CoffeeGems reasonably believes that the Customer was engaged or is engaged in below mentioned activities.

  1. Activities causing damage to the goodwill, reputation or business of CoffeeGems.
  2. Customer engaged in misrepresentation or fraud related to the Services offered by the CoffeeGems.
  3. Customer has been charged for criminal misconduct in any jurisdiction/country.
  4. If the Customer initiate the Chargeback for the Services where such Chargeback to the best CoffeeGems knowledge is not justified.
  5. For the breach of any other Terms of CoffeeGems Terms of Use and other applicable policies.
  6. Customer violates the provision of Clause 17 of these Terms which provide for Site User Conduct.
  7. Customer violates any of the Intellectual Property Rights of CoffeeGems, its Affiliates or business partners.
  8. If the CoffeeGems finds out that the registered Customer is from the Restricted Countries as mentioned in Clause 4.
  9. Customer providing false, inaccurate or incomplete information; engagement to any conduct that would otherwise harm any of CoffeeGems’ rights or interests in its website, products, services, or other property; or for any or no reason, can all be grounds for termination without prior notice.
22. Confidentiality and Non-Disclosure:

The Customer agrees to strictly abide by the CoffeeGems Customer Confidentiality and Non-Disclosure Agreement (hereinafter referred as the ‘NDA’). The said NDA shall form the integral part of agreement between the Parties. By using our website, you automatically agree not to share any of company’s or its customer’s data with any third party. Please read NDA on our website.

23. Force Majeure:
  1. Notwithstanding anything to the contrary contained in this CoffeeGems Terms of Use, CoffeeGems shall not be required to provide any Services, in whole or in part, to the extent the provision of such Services becomes impracticable as a result of a cause or causes outside the reasonable control of the CoffeeGems (including due to fire, flood, storm, earthquake or other acts of God, riot, war, terrorism, rebellion, or other acts of war or civil unrest, utility outages or interruptions, strike, lockout, any Law, demand or other requirement of any governmental entity, and all other causes outside of CoffeeGems’ reasonable control), including unfeasible technological requirements, hacks or to the extent the performance of such Services would require the CoffeeGems to violate any applicable laws, rules or regulations or would result in the breach of any agreement with any third party.
  2. When affected by any such event, CoffeeGems shall:
    • Promptly notify Customer of the occurrence of such an event and describe in reasonable detail the nature of the event.
    • Use commercially reasonable efforts to resume performance of its obligations under these Terms as soon as reasonably practical.
24. No Waiver:

No failure or delay in exercising any right, power or privilege under these Terms will operate as a waiver of it, nor will any single or partial exercise of any right, power or privilege under the same preclude any other or further exercise of it or any other right, power or privilege under the Terms or otherwise.

25. Class Action Waiver:

Where permitted under the applicable law, Customer and CoffeeGems agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both Customer and CoffeeGems agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

26. Media Contact:

The Customer shall not speak, write or interact in any form with print, electronic, social and/or radio platforms/media, without the prior written permission of CoffeeGems, making false claims or depicting CoffeeGems in bad light hampering the reputation, goodwill and the trust of CoffeeGems’ other customers and partners in negative sense. If the Customer makes a public statement in any form, whether written or oral, for which prior written permission was not provided by the CoffeeGems than that shall be termed as a breach of the these Terms at the option of CoffeeGems.

27. Governing Law of the Terms and Conditions:

The governing law for these Terms shall be the laws of Brazil.

28. Arbitration Agreement:

Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this Terms of Use or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration in accordance with the provisions set forth by COMPANIES ACT 2014, BRAZIL.

29. The arbitration proceeding shall be administered by COMPANIES ACT 2014, BRAZIL:
  1. The Language of the arbitration proceeding, including any documentation submitted shall be English.
  2. The Governing Law for the arbitration shall be according to COMPANIES ACT 2014, BRAZIL.
  3. The Seat of arbitration shall be Brazil.
  4. The Place of arbitration shall be Brazil.
  5. The arbitration award shall be final and binding on both Parties.
  6. Entire arbitration proceeding, including oral hearing, notices, written submissions, interim orders or awards, final award and evidences produced shall be completely confidential.
30. Jurisdiction:

Any dispute that is not arbitrable as per the applicable laws shall be submitted for the adjudication by the courts of jurisdiction where the Customer is the lawful resident.

31. Entire Agreement:

The CoffeeGems Terms of Use and below mentioned additional documents/policies constitute the entire understanding between the Parties with respect to the subject matter hereof and supersede all the prior agreements and understandings, oral or written, with respect to such matters, which the Parties acknowledge have been merged into such documents, exhibits, schedules and policies:

  1. CoffeeGems Customer Confidentiality and NDA (Available at – www.CoffeeGems.com).
  2. CoffeeGems Refund Policy (Available at – www.CoffeeGems.com).
  3. CoffeeGems Cancellation Policy (Available at – www.CoffeeGems.com).
  4. CoffeeGems Privacy Policy (Available at – www.CoffeeGems.com).
32. Non-Assignability:

The agreement formed between the Parties by agreeing to these CoffeeGems Terms of Use and other policies as entered between the Parties is personal in nature. The Customer shall not, without the prior written consent to CoffeeGems, assign or transfer any right or obligation hereof to a Third Party.

33. Severability:

If any Clause or specific part of a Clause of these Terms or applicable policies is held to be illegal, invalid or unenforceable, that Clause or part of a Clause shall (so far as it is illegal, invalid or unenforceable) be given no effect and shall be deemed not to be included in the Terms, but that shall not affect the legality, validity or enforceability of any other Clause of the Terms.

34. Prevailing Language:

These Terms might be agreed between the Parties in more than one language apart from English. In the event of any dispute, the English version shall be prevailing in all matters related to these Terms between the Parties.

35. Counterparts:

These Terms may be executed in multiple counterparts, including electronically, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. These Terms may be delivered by email, and email copies of executed signature pages shall be binding as originals.

36. Disclaimer:

We make every effort to ensure that we accurately represent our products and services and their potential for income. Income and Earnings statements made by CoffeeGems and its customers are estimates of what we think you can possibly earn. Customer understands and agrees that CoffeeGems is a mere provider of market and financial information; however, it does not guarantee the accuracy, reliability and usefulness of the said information. The information provided by CoffeeGems might not be appropriate for all users or Customers and use of the same can result in a significant loss or additional liabilities. It is strongly advisable to users and Customers to take help of financial and legal experts before basing their decisions on the information provided by CoffeeGems.