Terms and Conditions

These terms and conditions (the Terms) apply to the use of the Gem Rarity platforms (the Platforms) at both www.gemrarity.com (the Website) and Gem Rarity mobile application (the App). These Terms apply to any/all services, functionality, products, contents, and tools made available by Gem Rarity either through the Website, a link, or a portal provided to you on behalf of us. The Services to which these Terms apply include: (a) all parts of the prototype Gem Rarity platforms (the Website and the App), (b) the Gem Rarity Digital Asset Manager, (c) the Gem Rarity API and SDK, and related documentation made available by Gem Rarity, and (d) the Gem Rarity Data Integration Tool.

The Services are provided by CIEN’s Gem Rarity (formally known as CIEN Company Limited), a company incorporated under the laws of the Kingdom of Thailand under company number 0105550024844 with its registered office at 555 Chokchaijongjamreon Rd, Bang Phongphang, Bangkok, 10120 Thailand (“Gem Rarity, “GR”, “PROVIDER”, “we”, “us”, or “our”), email: cs@gemrarity.com

By visiting the Gem Rarity Platforms, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to Gem Rarity, you agree to be bound by the following Terms and Conditions of Services. If you do not want to be bound by our Terms, you must not access, view or use the Services of Gem Rarity. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and Gem Rarity and that your use of Gem Rarity shall indicate your conclusive acceptance of this agreement.

Service Description

Gem Rarity (GR) provides services based on blockchain technology that reveals an insight into gemstone products from mine to client in the form of digital records. The GR digitally records individual transaction by our own conglomerate, the known third-party companies and laboratories. We offer a permanent, tamper-proof logbook that tracks the relevant data of gemstone’s individual journey, anyone, such as wholesaler, retailer or client can access to use the services with an online registration. In some certain cases, only the party with property rights who physically holds the gemstone may be allowed to ask for its past history.

Accounts Registration

You may require registering for an account (on a registration page) in order to access and use the certain services. To register for such an account, you will generally need to complete a registration form which will require you to submit an original username/telephone number and password. Even by providing relevant information within the registration process, we reserve the right to refuse or accept any user for any reason. Hereby, you are responsible for keeping the login information registered with us secure and confidential. No users will be allowed to transfer your account to any other person unless an authorization of the provider. Any login activities related to your login details will be entitled to assume that you are only logging into your account. You agree not to share your login details, let others access or use your account or do anything else that might jeopardize the security of your account. If you fail to keep any login details secret (whether intentionally or unintentionally), you must accept full responsibility for the consequences of any losses or harm that may result. We will not be responsible to you for any loss resulting from unauthorized uses whether fraudulently or otherwise.

Use of the Platforms

You need not register with Gem Rarity to simply visit and view the Platforms. However, in order to use certain Services offered on and through the Platforms, you must register with GR and may be asked to provide certain registration details or other information (e.g., KYC). You acknowledge that we may discontinue providing of all or any part of the Platforms and the Services or may make changes to the Platforms or Services at any time without notice.

When using the Platforms and Services you agree that you will:

(a) only use functions made available to you for lawful purpose and in a lawful manner;

(b) not violate or encourage the violation of any applicable federal, state, local or international law or regulation;

(c ) not access, share or transfer other personal information/data you are not authorized.

(d) not copy, display or otherwise use the contents we provided outside of the applicable Services;

(e) not attempt to violate the security of the Platforms or otherwise use our Services for any illegal, harmful, fraudulent, infringing or offensive use;

(f) not use any spider, scraper, bot, process or means to access the Platforms for any purpose, including monitoring, harvesting, or copying any of material and contents on the Platforms.

(g) not investigate platform structure, decompile, disassemble or otherwise attempt to obtain the Services’ source code;

(h) not distribute or upload any material or information that is not somehow directly related to a particular gemstone, such as obscence, indecent profane and improper contents or anything that exploits children or minors or that depicts cruelty to animals;

(i) not attack the Platforms or test the vulnerability of system by introducing viruses, worms, Trojan horses, logic bomb or other material that is malicious or harmful;

(j) not use any device, software or any means to interfere the access of other users, the proper working of the Platforms and Services;

(k) not attempt to interfere or disrupt any parts of the Platforms, the servers, the computer databases on which they are store/hosted;

(i) not transmit or send any unauthorized advertising or promotional material or any other form of similar solicitation (e.g., junk mail and spam);

You are obliged to represent and warrant that any information you submit to us as part of using the Services is truthful and accurate. With regard to the EU General Data Protection Regulation (GDPR) and Thailand Personal Data Protection Act (PDPA) you agree to act as data controller according to the GDPR and PDPA concerning the data and information uploaded into the GR. We will not be responsible for inaccurate, counterfeit or otherwise deficient information submitted to the GR.

If you breach any provision of these Terms, your authorization to access and/or use the Services may be suspended or terminated. We may take such legal action as we deem appropriate.

Use of Material and Content

The GR provides content through the Platforms and through the Services that is copyrighted and/or trademarked work of GR or GR’s third-party licensors, agencies or other users of the Platforms (collectively, the “Materials”). Materials may include, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, design and compilation thereof at the Platforms are owned by us or our licensors. You may be allowed to share, post or publish the Materials, which may or may not show our products, logos, trademarks and/or tradenames, via social media only through use of the social media share icons provided on the Platforms and only for your lawful, personal, non-commercial use. You acknowledge that republication, retransmission, reproduction or other use of material and content on the Platforms, whether in electronic, hard copy or other format, are prohibited and may breach intellectual property laws and other laws world-wide. You agree that you are permitted to use this material and/or content only as set out in these Terms, and agree that you shall be solely responsible for any indirect or consequential loss or damage. We take no responsibility whatsoever for the Materials posted, published, transmitted, disseminated or shared by you. We shall not be responsible for any improper use of the content of such Materials by any third party.

Intellectual Property Rights

The Platforms and their entire content, feature and functionality (including but not limited to all trademarks, trade names, service marks, design marks, patents, text, images, displays, video, audio, copyrights, database rights and all other intellectual property appearing on or contained within the Site), are owned by the GR, its licensors or other providers of such material and are protected by laws with regard to copyright, trademark, patent, trade secret and other intellectual property or proprietary rights. Except as provided in these Terms, any use or reproduction of the intellectual property is strictly prohibited. These Terms of Use permit you to use the Platforms and its Services for your personal or internal business purpose. You are not allowed to distribute or transfer or communicate to the public the Services or any Content or interfere with the normal operation of the Services. You acknowledge that all Content is confidential and proprietary to us and, as such, you will keep all such Content confidential and will not use or display any Content outside of the Services.

Links to Third-Party Sites

Where the Services contain links to other websites, products, tools, services and resources provided by third parties (collectively, “Third-Party Sites”), these links are provided for your information only. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than the GR, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You should consult the other sites' privacy policies and terms of use as we have no control over information that is submitted to, or collected by, these Third-Party Sites. We will not, under any circumstances, be liable or responsible, direct or indirect for any damages or losses or expenses that may arise from your use of them. If you decide to access any of the Third-Party Sites linked to our Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permissions without notice.

Changes to the Terms and Condition and the Privacy Policy

We may, at any time, and at our sole discretion, modify these Terms and Conditions, including our Privacy Policy, with or without notice to the User. All changes are effective immediately when we post them. Any changes made to these Terms will be effective immediately, please therefore ensure you read these Terms each time you access the Platforms and/or the applicable Services. Updated Terms will supersede all previous versions of the Terms. By continuing to use any of the Gem Rarity Platforms after we post any such changes, you accept the Agreement, as they are binding on you.

Disclaimer of Warranties

Your use of the Platforms and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by Gem Rarity, and they may include inaccuracies or typographical or other errors. GR does not warrant the accuracy of timeliness of the Materials contained on the Platforms. Neither GR nor any person associated with us makes any warranty regarding the completeness, security, reliability, quality, accuracy or availability of the Platforms and its Services. GR does not warrant that the Platforms will be uninterrupted or error free, that defects will be corrected, that the Platforms will be accessible and perform in accordance with your expectations or that the Platforms or the server that makes it available are free of viruses or other harmful components. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or any other technologically harmful material due to your use of the Platforms or its Services or to your downloading or uploading of any material. The express warranties in this agreement are in lieu of all other warranties, conditions, terms, representations and obligations of GR. In no event shall we liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Platforms, Services and content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow exclusion of warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you to the full extent, but will apply to the maximum extent permitted by the applicable law.

Without limiting the generality of the foregoing, we do not represent or warrant that:

(a) the information contained in the Platforms (including without limitation the Digital Certificates and its contents) will be timely accurate, useful, or complete;

(b) the products displayed and the Services described in the Platforms will be available in our retail or online shops at all times;

(c ) the Digital Certificates will be permanently available for viewing and access through the Platforms at all times. In the event that the Digital Certificates are not available for viewing or access through the Platforms for any reason, you acknowledge and agree that you shall contact GR directly through any available communication and if you request for any issuance of the hard copy, we reserve the right to charge the customer for the additional cost.

Liability

The information presented on the Platforms is made available solely for general information purposes. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content. To the fullest extent permissible by law, we disclaim all liability and responsibility arising from any reliance placed on such information and all Terms, representations, conditions or warranties that might otherwise be implied in this Agreement are hereby excluded. The Platforms may include content provided by third parties, including Materials/Content provided by other users or other third parties. All statements and/or opinions expressed in these Materials all other content, other than the Content provided by Gem Rarity, is solely the opinion and responsibility of the person or entity providing those materials. GR shall not be liable to you for any damages resulting from your displaying, copying, or downloading any Materials and/or Content to or from the Platforms. To the maximum extent permitted by applicable raw, in no event shall GR be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage).

In no event shall the GR be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, government intervention, fire, flood, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, equipment failure, loss or malfunctions of utilities, communications or computer (software and hardware) or any other causes beyond our reasonable control.

Confidentiality

Certain content on the Platforms is restricted, non-public, confidential or proprietary. You are obliged to not disclose any information, documents and data that you become aware of in relation with gemstones to third parties, or use such confidential information for any purpose other than for the purposes of using the Services in accordance with these Terms. It is certainly prohibited to disclose information of any ownership and possession as well as gemological features and provenance data that directly related to gemstone and jewelry products of GR. The unauthorized disclosure of confidential information, documents or data entitles the GR to prohibit you from using our Services and to suspend or delete your account without notice and compensation.

Indemnity

You agree to defend, indemnify and hold Cien’s Gem Rarity, its employees, directors, agents, contractors, licensors, suppliers, and related entities harmless from and against any claims and all liabilities, damages, judgments, awards, losses, costs and expenses including reasonable attorneys fees, (a) related to any violation of these terms and conditions by you, or (b) in connection with your use of the Platforms.

Termination of Agreement

The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.

Changes of the Platforms or Services

We do not guarantee that the Services or any of them will always be available or that they will be updated. Any aspect of the Platforms may be changed, supplemented, deleted or updated without notice at the sole discretion of GR. The content on the Platforms and Services is not necessarily complete or up-to-date, and we are under no obligation to update such material.

Applicable Law and Jurisdiction

The Terms of Use of the Platforms shall be governed by and construed in accordance with the Laws of the Kingdom of Thailand and the court of competent jurisdiction in Thailand will have exclusive jurisdiction in case of dispute.

Other Terms

These Terms, including our Privacy and Cookies Policy and our Acceptable Use Policy, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. No provision of these Terms may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by Executive and Gem Rarity.

If any term, provision, covenant or restriction of these Terms is held by a court of competent jurisdiction, other authority or applicable law to be invalid, void or unenforceable for any reason, then, where required, that part shall be deleted from these Terms. The remainder of the Terms, provisions, covenants and restrictions shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

By using the Platforms and/or the Services, you consent to receiving electronic communications from GR. These electronic communications may include notices about transactional information and other information concerning or related to the Platforms and/or Services. These electronic communications are part of your relationship with GR. You expressly agree to the receipt of such communications and notices in such manner.

We may at any time assign our rights and obligations under these Terms and Conditions, in whole or in part, without notice to you. You will not assign or otherwise transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.