This website is operated by GEM Lifestyle Ltd (referred to as "the Company"). As a user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below (which includes any other important hyper-linked sections e.g. Privacy Statement.  Please:

1. General 

 

1.1 The Company reserves the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

 

1.2 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Password Details are accepted and may be withdrawn at the sole discretion of the Company and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform the Company immediately (see Contact Us for more information and full contact details).
 

 

2. Intellectual Property

 

2.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in the Company or licensors. You are permitted to use this material only as expressly authorised by the Company or it’s licensors.

   

2.2 You acknowledge and agree that the material and content contained within this website is made available for your use in connection with the purchase of GEM Lifestyle Ltd products and services only and for Pre-Associates / Associates, to promote the GEM Lifestyle business opportunity and that you may only download such material and content for the purpose of using this website to purchase such products and/or services or if applicable to promote the GEM Lifestyle business opportunity. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

3. Liability and Indemnity 

 

3.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

3.2 Subject to Section 3.1 above, the Company will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. Gem Lifestyle Ltd will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and the Company accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.   

 

3.3 Subject to Section 3.1 above, other than as expressly on this website with respect to specific products, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permittedby applicable law.   

 

3.4 Subject to Section 3.1 above and to the extent permitted by applicable law, Gem Lifestyle Ltd will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

 

· economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or

· loss of goodwill or reputation; or

· special or indirect losses suffered or incurred by that party arising out of or in connection with the use of this website. 

 

3.5 Notwithstanding the above, subject to Section 3.1 the Company’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for any product(s) or service(s) supplied by the Company to you in respect of one incident or series of incidents attributable to the same cause.
 

4. Miscellaneous Provisions  

 

4.1 The contract shall be governed by the laws of England and Wales and any dispute will be resolved exclusively in the courts of England and Wales.

   

4.2 GEM Lifestyle Ltd shall be under no liability for any delay or failure to deliver products, provide services or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.    

 

4.3 The Company may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for

 

(i) the privacy practices of such websites,

(ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or

(iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

 

4.4 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products or services to any third party unless agreed upon in writing by GEM Lifestyle Ltd. 

 

4.5 GEM Lifestyle Ltd reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.  

 

4.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.   

 

4.7 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contracts (Rights of Third Parties) Act 1999).   

 

4.8 No delay or failure by GEM Lifestyle Ltd to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing  and  signed by an authorised representative of the Company.   

 

4.9 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and GEM Lifestyle Ltd relating to the use of this website (including the ordering of products) and sets forth the entire agreement and understanding between you and the Company for your use of this website.