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Terms & Conditions

A. Acceptance of Terms


WE ADVISE YOU TO READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (as defined below) constitute a legally-binding agreement between Gemicates Technologies Pvt. Ltd. (herein represented as "Gemicates ServiceMart"), and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the Gemicates ServiceMart website, including the classified advertisements, forums, various email functions and Internet links, and all content and Gemicates ServiceMart services available through the domain and sub-domains of Gemicates located at www.servicemart.gemicates.com (collectively referred to herein as the "Website"), and (ii) the online transactions between those users of the Website who are offering services (each, a "Gem") and those users of the Website who are obtaining services (each, a "End User") through the Website (such services, collectively, the "Services"). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Website.


The Website is currently owned and operated by Gemicates Technologies Pvt. Ltd.


You acknowledge that the Website serves as a platform for the online distribution and publication of user submitted information between Gem and End Users, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website, and by clicking on "I have read and agree to the terms of use," you hereby certify that: (1) you are either a Gem or a prospective End User, (2) you have the authority to enter into these Terms of Use, (3) you agree to pay for all services available through Gemicates ServiceMart as per your usage and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.


YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.


All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.


1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY


Gemicates ServiceMart reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Gemicates ServiceMart will post notice of the changes and the amended Terms of Use at the domain of www.gemicates.com/terms-of-use. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

Privacy Policy


We at Gemicates know you care about how your personal data is used and shared, and we take your privacy seriously. For your convenience, here is a brief summary of the Privacy Policy. We encourage you to read all the Privacy Policy sections in full for deep understanding of what data we collect and how we use it.


What personal data does Gemicates collect and process and why?


The Privacy Policy covers our treatment of personally identifiable information (personal data) that we gather when you are accessing or using our Gemicates Apps and Services, but not the practices of companies we don't own or control, or people that we don't manage. We gather various types of personal data from our users, as explained in more detail in the dedicated Privacy Policy section, and we use this data in connection with our Gemicates Apps and Services, to provide the basic functionality. We may use your personal data to improve and customize our Gemicates Apps and Services, and we do so as it is necessary to pursue our legitimate interests of improving our Gemicates Apps and Services for our users.


What are the legal grounds for processing your personal data?


Lawfulness, transparency, and fairness are the key ingredients to the first principle of data processing used in defining our Privacy Policy: "Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject." The legal ground for processing your personal data is based on your consent and Gemicates legitimate interest to performance of EULA and provide the service you engaged us.


Will Gemicates share any of the personal data it receives?


We share your personal data with third parties as described in the dedicated Privacy Policy section, only to support and improve the functionality of the Gemicates Apps and Services. We also use aggregated personal data that’s no longer personally identifiable to generate analysis and statistics of users’ behavior related to our apps and services, to improve the overall Gemicates experience.


How much time we process your personal data?


Your personal data is processed throughout our contractual relationship and, upon completion, at least for the period required by applicable law.


What are your privacy rights?


The right of access - you can request detailed information about what personal data we process, the purposes of processing, the period for which the personal data will be stored and the location of the storage servers, the recipients or categories of recipients to whom your personal data have been or will be disclosed;


The right to rectification - you have the right to obtain from us without undue delay the correction or modification of inaccurate personal data concerning you;


The right to erasure ("the right to be forgotten") - you have the right to obtain the erasure of your personal data;


The right to restrict processing - you have the right to request a temporary or definitive restriction of processing your personal data for Direct Marketing;


The right to object - the right to object to our processing of your information where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party;


The right to data portability - You may receive, under certain conditions, the personal data you have provided us in a format that can be read automatically or you may require that the data be transmitted to another operator;


The right to lodge a complaint - You can file a complaint with the processing of your personal data to the Personal Data Officer (dpo@mios.com) or you can inform us of a possible security breach.;


The right to withdraw consent - in cases where processing is based on your consent, you can withdraw it at any time. Withdrawal of consent will only have effect for the future, the processing carried out before the withdrawal remains valid;


Additional rights related to automated individual decision-making, including profiling: You can ask for and get human intervention about that processing, you can express your own point of view and you can challenge the decision.


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