Gembot Limited Terms and Conditions v0.2

Warning

The information presented by Gembot and provided in its website, videos and/or mobile applications (Platforms) is factual information of a general nature only.

All information provided on the Gembot Platform is general in nature and has been prepared without taking into account your specific objectives, financial situation, or needs. No financial advice is provided. It is essential that you do not solely rely on any information within the Gembot Platform. Before making any investment decisions, we strongly advise you to assess whether the information and any investment decision is suitable for your individual circumstances and to seek relevant financial, taxation, and legal advice. Your unique financial situation requires careful consideration, and seeking professional financial advice is crucial to making well-informed investment decisions.

Account Creation

To be eligible to open an account, you must be:

• At least 18 years of age; 
• Possess the legal right and ability to enter into a legally binding agreement with us;
• Meet any criteria to open and maintain an account [what about satisfying AML requirements - where is this detail?] and
• Agree and warrant to use this Platform In accordance with these Terms.
• We retain the right, at our complete discretion, to cancel your account , or refuse your account creation request at any time without giving reasons

If your information changes at any time, you need to advise us immediately.

Collection Notice

We collect personal information about you in order to provide our services and for purposes otherwise set out in our Privacy Policy. That document should be read in conjunction with these terms and conditions.

Accuracy, Completeness and Timeliness of Information

The information on our Platform, sourced from third parties and sites, is not comprehensive and is intended to provide a summary of the subject matter covered only. While we use all reasonable attempts to ensure the accuracy and completeness of the data and information on our Platform, to the extent permitted by law, we make no warranty regarding the accuracy or completeness of information on this Platform. We are not responsible for any reliance placed on any of the information provided though the Platform. You need to monitor any changes to the information contained on this Platform on an ongoing basis. 

Furthermore we make no commitments in regards to the minimum amount of uptime that our Platform will be maintained, although we will make every reasonable attempt to ensure that the Platform is operational.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Platform or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Platform or a linked website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the Platform (including the Terms and Conditions or the information, products or services described in it. Whilst we endeavour to maintain the Platform on a regular basis, we do not undertake to keep the Platform updated at all time. We are not liable to you or anyone else if errors occur in the information or the Platform is not up-to-date.

Promotions and Competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you will need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Purchases

Users are able to purchase premium services from Gembot. These services can be delivered via subscription. We reserve the right to cancel or refuse access to our premium services for any user, at any time without giving reasonThe following terms apply to those users that have purchased premium features.

• Discounts/Promotional Prices;

Users that subscribe under a reduced rate shall have the discount applied for that period only (i.e. as advised on the offer, up to a maximum of 12 months). After which time, their rate shall revert to standard pricing at that date.

• Changes in price;

Gembot reserves the right to change our pricing at any time, and with reasonable notice to our subscribers. At the end of the notice period the user’s next billing period (i.e. monthly or annually) payment shall be at the revised price.

• Payment methods and security;

Payments are via credit card and are handled by a third party payment service called Stripe. Credit card details are not stored on Gembot’s systems.

• Cancellation;

Users can cancel their subscription at any time. Users shall not be entitled to a partial refund, however, at our sole discretion, we may choose to give users a partial refund.

• Refunds;

We offer a 14 day money back guarantee for all new subscribers from their sign up date. Past the 14 day period refunds shall be at our sole discretion.

• Subscription fees

If applicable, users authorise Gembot to automatically debit their credit card on their initial registration and then on each subsequent anniversary of their billing cycle (i.e. monthly or annually), until canceled.

• Sole use only

Users are unable to share access to their premium features unless explicitly approved under their subscription level.

• New Zealand Users

Fees charged to New Zealand users are subject to GST.

Linked Sites

Our Platform may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Intellectual Property Rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Platform and in all of the material (including all text, graphics, logos, audio and software) made available on this Platform (Content).

Your use of this Platform and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Platform or the Content. However we do grant you a licence to access this Platform and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Outside of the, social sharing buttons, infographic download feature, or with written permission any reproduction or redistribution of this Platform or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this Platform, the Content or any part of it is prohibited, except to the extent permitted by law.

No Commercial Use

Outside of the [affiliate/partnership programs], and the professional membership levels this Platform is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this Platform. You may not use this Platform, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

Unacceptable Activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to this Platform, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals; using this Platform to defame or libel us, our employees or other individuals; uploading files that contain viruses that may cause damage to our property or the property of other individuals; and posting or transmitting to this Platform any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our Platform, we have the right to take down this information at our sole discretion and without notice, at any time.

Warranties and Disclaimers

To the maximum extent permitted by law, we make no warranties or representations about this Platform or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Platform will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this Platform, any Content, or any feature of thisPlatform at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability

To the maximum extent permitted by law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Platform and/or the information or materials contained on it, or as a result of the inaccessibility of this Platform and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Cookies

This website utilises cookies. If you do not have cookies enabled in your web browser some functions of the site may not work as intended.

Jurisdiction and Governing Law

Your use of this Platform and these Terms are governed by the law of New Zealand and you submit to the non-exclusive jurisdiction of the Ccourts exercising jurisdiction in New Zealand

.