T&C

 

GEMCO takes pride in the services and content that we offer. Because of this, please note the following terms and conditions for the use of our website, and its content. 

 

The Basics

These terms and conditions govern your use of GEMCO's webiste; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions, or any part of these terms and conditions, you must not use this website.

This webiste uses cookies. By using the website, and agreeing to these terms and conditions, you consent to GEMCO's use of cookies.

License to Use Website

Unless otherwise stated, GEMCO and/or its licensors own the intellectual property rights on the website, and the material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

At no time are you allowed to:

a.) republish material from this website (including republication on another website);

b.) sell, rent, or sub-license material from the website;

c.) show any material from the website in public;

d.) reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose;

e.) edit, or otherwise modify any material on the website; or

f.) redistribute material from this website

Acceptable Use

You are not permitted to use this website that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You are not permitted to use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You may not conduct any systematic, or automated data collection activities on or in relation to this website without GEMCO's express written consent.

You may not use this website to transmit, or send, unsolicited commercial communications.

You may not use this webiste for any purposes related to marketing without GEMCO's express written consent.

Restricted Access

GEMCO reserves the right to restrict access to areas of this website, or the entire website, at GEMCO's discretion.

User Content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website for whatever purpose.

You grant GEMCO a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to GEMCO the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal, or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against your, or GEMCO, or a third party (in each case under any applicable law).

You may not submit any user content to GEMCO that is, or has ever been, the subject of any threatened, or actual legal proceedings or other similar complaint.

GEMCO reserves the right to edit, or remove, any material submitted to this website, stored on its servers, hosted, or published on this website.

Notwithstanding, GEMCO's rights under these terms and conditions in relation to user content, GEMCO does not undertake to monitor the submission of such content to, or the publication of such content on this website.

No Warranties

This website is provided "as is" without any representations or warranties, expressed or implied. GEMCO makes no representations or warranties in relation to this website, or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, GEMCO does not warrant that this website will be constantly available, or available at all, or that the informatino on this website is complete, true, accurate, or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of Liability

GEMCO will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or the use of, or otherwise in connection with this website:

1.) for any indirect, special, or consequential loss; or

2.) for any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts, or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if GEMCO has been expressly advised of the potential loss.

Exceptions

Nothing on this webiste disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing on this website disclaimer will exclude or limit GEMCO's liability in respect of any:

a.) death or personal injury caused by GEMCO's negligence;

b.) fraud or fradulent misrepresentation on the part of GEMCO; or

c.) matter which it would be illegal or unlawful for GEMCO to exclude or limit, or attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, GEMCO has an interest in limited the personal liability of its officers, and employees. You agree that you will not bring any claim personally against GEMCO's officers, or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect GEMCO's officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as GEMCO.

Unenforceable Provisions

If any provision of this website disclaimer is, or found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify GEMCO and undertake to keep GEMCO indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by GEMCO to a third party in settlement of a claim or dispute on the advice of GEMCO's legal advisors) incurred or suffered by GEMCO arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions

Without prejudice to GEMCO's other rights under these terms and conditions, if you breach these terms and conditions in any way, GEMCO may take such action as GEMCO deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.

Variation

GEMCO may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure that you are familiar with the current version.

Assignment

GEMCO may transfer, sub-contract, or otherwise deal with GEMCO's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authroity to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions constitute the entire agreement between you and GEMCO in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction

These terms and conditions will be governed by, and construed in accordance with New York Law, and any disputes related to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New York.

Privacy Policy

See Gemco's Privacy Policy.