1.0 Introduction

www.Gemiee.com offers Shipping services along with package consolidation services from India to other countries throughout the world. When you sign up for an account, you will receive an Indian Address and Suite Number where you can receive your packages. When Gemiee receives a package addressed to you, we will notify you and post the package on your Gemiee Account landing page. After you’ve utilized the services available with your new account and selected your shipper, we will send the package on to your address in your home country in accordance with your instructions.

2.0 User Agreement:

This User Agreement (“Agreement“) is a legal agreement between you (referred to as‘User’, ‘Recipient’, ‘You’, Member’and ‘Your’ ) and www.Gemiee.com ( referred to as ‘Gemiee’, ‘We’, ‘Us’, or ‘Our’) is owned and operated by Gemie, a company registered in India under Goods and Services Identification Number (GSTIN):33BEUPG4124GIZM, Import Export Code (IEC):BEUPG4124G

All services provided by Gemiee are described in Gemiee.com and are collectively referred to in this Agreement as “Services.” As a condition of your use of this Site and Services, you represent and warrant to Gemiee that you will not use this Site or the Services for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.

This Agreement supplements the terms and conditions of the Services described in the Site. By accessing the Site or opening a new account with Gemiee.com, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use Gemiee.com or its Services.

From time to time and as needed or required by law, we will amend, modify, or change the terms of this Agreement by making those changes directly to the Agreement on this Site. These changes take effect when posted to the site. By continuing to access or use Gemiee.com after any such amendment, you agree to be bound by the terms of the amended Agreement.

Please read the entire terms and conditions of use carefully before you use Gemiee.com. If you do not agree to all the terms and conditions you may not use the site. By using the site, you are deemed to have read and accepted these terms and conditions and are at least 18 years of age.

You agree not to use the Site or the Services to:

• Harm or threaten to harm Gemiee or users in any way, including by using information you find here to compete against Gemiee;
• Impersonate any person or entity (including Gemiee or its agent), or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Disseminate or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other rights;
• Violate any law (whether local, state, national, or international), whether or not intentionally;
• Forge Internet protocol headers or otherwise manipulate identifying information in order to disguise your identity;
• Provide fraudulent, inaccurate, or incomplete information to Gemiee or any shipping service or government agency;
• Interfere with or disrupt the Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
• Collect or store personal data about other users;
• Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
• or post or cause to be uploaded to Gemiee’s computer servers or network any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

3.0 Our Site

3.1 No Automated Queries:

You may not send automated queries of any sort to the Site without express permission in advance from Gemiee. Note that “sending automated queries” includes, among other things:

• using any software that sends queries to the Site to determine how a website or web page “ranks” for various queries;
• “meta-searching”; and
• performing “offline” searches on any Gemiee web site.

3.2 No Copies

You may not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub license, grant a security interest in or otherwise transfer any right in the Services or the Site, or remove or obscure the copyright notice or other notices displayed on the Site. Except as provided above, you may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of Gemiee.

3.3 Copyrights

All content available on Gemiee.com, including site design, text, graphics, interfaces and the selection of arrangements thereof is copyrighted by Gemiee, with all rights reserved, or is the property of Gemiee or third parties protected by intellectual property rights.

If you believe content on Gemiee.com infringes your copyright, you should send notice of copyright infringement to Gemiee.

The notice should be emailed to:hello@Gemiee.com

Upon receipt of notice, Gemiee.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from Gemiee.com.

3.4 Registration

Before you use the Services, you must open a Gemiee Account by completing the Gemiee Account Set Up form with true, accurate, current and complete information about yourself (“Registration Information”). You agree to maintain and update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Gemiee has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, Gemiee has the right to suspend or terminate your access and refuse you any and all use of the Site and the Services.

3.5 Fraud Prevention

Gemiee is continually working to prevent any type of fraudulent activity. We leverage third party tools to prevent payment fraud, various industry standards to protect your account information and may, at any time, update our methods and tools. We also require that all items you send to our facilities have been purchased by you and paid for in full. If we are notified that fraudulent activity has been detected in any fashion, we reserve the right to refuse shipment until such time the seller has verified the transaction or as we otherwise determine in our sole discretion. Please send any suspected fraud inquiries to hello@Gemiee.com

3.6 Password

When your registration is complete, you may access your individual Gemiee Account and other secure areas of Gemiee.com using a password. You are responsible for safeguarding the password. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Gemiee.com of any unauthorized use of your password.

3.7 Account Verification

After registering an account with Gemiee, you may be asked to submit various forms of identification, as set forth on your Gemiee Account Page. These forms of identification may include a driver’s license, passport, and utility bills.

3.8 Prohibited Items

Gemiee does not ship weapons (including items that assist in the functionality or manufacturing of firearms/ammunition or replicas of such items) or narcotics or other prohibited items. In addition, certain items may require special permissions or documentation or may be prohibited by your destination address or country. It is your responsibility to know these restrictions.

For more information on Prohibited Items please see the following link: Prohibited Items.

Gemiee cooperates with law enforcement agencies to ensure that prohibited items are not shipped via Gemiee. This includes the routine inspection by law enforcement agencies of Gemiee’s facilities and its Customers’ packages. By entering into this agreement you accept and agree to routine inspections of your packages by law enforcement agencies. If your package is found to contain prohibited items, you agree that the contents of your package may be seized and confiscated by law enforcement or Gemiee. If prohibited items are found in your packages as determined by law enforcement or Gemiee, your account will be placed on hold, and any additional packages within your suite may also be inspected and confiscated.

4.0 Our Services

4.1 Packages versus Letters and Magazines

Most Gemiee customers use our services for packages only and not for forwarding of letters and magazines. You need to raise a special request if you need us to forward letters and magazines. We will not forward government issued IDs, credit cards, gift cards, etc.

4.2 Addresses

Each package sent to Gemiee must be addressed correctly. Your correct name and Gemiee suite number must be written on each package. If a package arrives with an incorrect or incomplete address (for example missing suite number or an unknown or misspelled name), Gemiee will try to determine whom it belongs to. If Gemiee is able to determine the owner of the package, it will be entered in to the correct suite. If the owner cannot be determined the package will be disposed of at the sole discretion of Gemiee.

4.3 Storage

Gemiee will store your packages in our warehouse for up to 30 days for Standard Members and 60 days for Premium Members without charge while we wait to receive all of the required fees and any additional packages that are to be consolidated. However, if your package needs to be located in our warehouse for more than the above period you may opt to extend the storage time for a fee or the parcel may be considered abandoned.

4.4 Abandoned Packages

Gemiee will dispose of any abandoned/unclaimed packages.

4.5 Package Refusal/Return to Sender

We are not able to refuse receipt of packages from carriers. Packages can be returned to vendors after they are processed into your account via Return Request which has a nominal fee for Standard Members and free for Premium Members.

4.6 Oversized Packages

Oversized packages are any package over the size or weight limits set forth in the by the specified carrier. Oversized packages are required to be divided, reduced, disposed of or returned to the sender if such packages are beyond the limits of the specified carrier. Maximum piece weight should not exceed 70kg and maximum dimensions should not exceed 120cm x 80cm x 80cm.

4.7 Photographs of Packages

Upon your request, Gemiee will open and photograph the contents of a package, allowing you to confirm the merchandise is correct and in good condition before requesting Return Service.

4.8 Consolidation

Gemiee is not responsible for items missing from a consolidated package without proof that the missing item was received by us. Accordingly, we strongly urge you to submit a photo request for Gemiee to check and photograph the contents of each package upon arrival. All photo requests need to be requested prior to consolidation.We will remove all catalogs during consolidation. Catalogs add to shipping costs, and most customers want them removed.

4.9 Operations Timelines:

Please be advised of the operations timelines to complete each process:
Inbound – 24 to 48 hours from the time parcel is delivered to our warehouse.
Consolidation – 24 to 48 hours from the time you request consolidation.
Despatch – 24 to 48 hours from the time you pay the shipping charge.
Operations working hours: 24X7.

4.10 Fragile Items Shipping:

We can’t guarantee safe delivery of the fraglie items even though we take utmost care to pack the fragile items. The shippers we use don’t guarantee the safe delivery of fragile items and for that reason we will not be able to provide the same guarantee to our customers. Any claims related to broken items will not be processed.

5.0 Additional Services

5.1 Assisted Purchases

Gemiee can assist you to purchase products from any online store in India. However, we are not responsible for quality of the goods, warranties, delivery issues, back up orders, etc. Gemiee is not responsible if the purchase cannot be made for any reason. For more information on Assisted Purchase process and fees please see this link: Assisted Purchase

• Refunds:

Bookings

Full refund will be given if order is cancelled by the vendor (for example if product is not available) or If we don’t receive products from the vendor. Cancellations after placing the order is not possible however packages can be returned to vendors after they are processed into your account via Return Request which has a fee varying according to the parcel shipment cost.

Store

Returns is a scheme provided by respective sellers directly under this policy in terms of which the option of exchange, replacement and/ or refund is offered by the respective sellers to you. All products listed under a particular category may not have the same returns policy. For all products, the returns/replacement policy provided on the product page shall prevail over the general returns policy. Refunds will be carried out only after the returned products reach the gemiee’s warehouse .Gemiee have minimum Refund Period of 15-20 working days. Which even vary from respective sellers.

5.2 Pick Up Service

‘Shipment’ means all the products consolidated, packaged and/ or invoiced together and handed over to the Service Provider by the Merchant for Delivery.

Gemiee can pick your shipments from all over India. However, we are not responsible for quality of the goods of the items delivered.

Your Obligations

You warrant that each Shipment is properly described along with all relevant documents, acceptable for transport by us, and properly marked, addressed (including postal code), and packed to ensure safe transportation with ordinary care in handling. You are responsible for and shall indemnify us against all charges and possible surcharges and assessments including fees related to our prepayment of the same, governmental penalties and fines, taxes, and our lawyers’ fees and legal costs, related to this Shipment. You shall not book / handover or allow to be handed over any Shipment which is banned, restricted, illegal, prohibited, stolen, infringing of any third party rights, hazardous or dangerous or in breach of any tax laws.

Limited Liability

Our maximum liability for the damage, loss, theft or misappropriation of any Shipment during the transit period shall be INR 2,000 or the actual aggregate value of the product, whichever is lower.

6.0 Customer Responsibilities

6.1 Import and Export Documentation

The customer is responsible for determining and following the regulations for their shipments, including all customs requirements of the destination country. Gemiee does not guarantee delivery of packages that do not comply with Indian export regulations or the import regulations of the country to which they are sent.You are responsible for the accuracy of all customs declarations and documentation and for all customs duties in the destination country. Any such duties or charges are in addition to the fees earned by Gemiee for its Shipping service.You acknowledge that you have a duty to and are solely liable for providing all information required by the laws of the country that is the final destination of your package and the laws and regulations of India.

Gemiee will act as an agent of the customer for export purposes by receiving & handling the customer’s products, which will be sorted, consolidated (if requested), re-packed (if requested), stored and exported. Gemiee will arrange for export to customer’s specified international address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment. Gemiee does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., customer). Gemiee team will open all packages upon arrival at our facility. As a customer, Gemiee will be granted an authorization to act as customer’s agent. Gemiee will provide any of the following services to customers: preparation of shipping documents, preparation of any certificates of origin and preparation of an airway bill or other documents required for exporting item(s) to customer. The customer acknowledges that he/she has a duty to – and is solely liable for – accurately providing all information required by Indian laws and regulations.

Customer will be held responsible for providing correct product category, product description, number of units and total invoice amount of exported products. If needed, customer is obligated to send Gemiee a commercial invoice for custom clearance purposes.

6.2 Shipping

Gemiee uses reputed couriers like DHL, FEDEX, ARAMEX and other similar couriers based on service availability. Gemiee is not responsible for the actual shipping service. All terms and conditions of the above mentioned shipping companies apply to you. You are responsible for assuring that the shipping of your package is not restricted by its contents, size or volume. We strongly recommend to read their terms and conditions before shipping.

By accepting our Terms and Conditions you accept our shipping partners Terms and Conditions as well. You authorize Gemiee to open packages if there is a suspicion about content of the package (illegal goods) or any practical reason.

Any problems associated with a received package must be reported within 15 days of delivery.

6.3 Dormant Accounts

Accounts with inactivity of greater than 2 year will be deemed dormant or abandoned. Account balances for dormant or abandoned accounts will be forfeited and your account closed. You may have your account balance refunded at any time prior to 2 years of inactivity.

6.4 Billing Problems

Customer is responsible for reviewing all charges from Gemiee. Any suspected discrepancies in billing must be reported to Gemiee within 30 days of the billing date. After 30 days, no charges are refundable.

6.5 Other Rules

You agree to comply with all laws and regulations applicable to your access and use of Gemiee.com. You may not harvest personal data (including email addresses) from Gemiee.com, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that Gemiee has no obligation to monitor your access to or use of Gemiee.com, but has the right to do so for the purpose of operating Gemiee.com, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access Gemiee.com or collect information from it.

6.6 Gemiee Liability

Gemiee’s total responsibility to Customer for shipped packages shall not exceed the amount of our fees (excluding actual shipping fees).

Customer shall indemnify and hold Gemiee harmless from any and all claims, including legal fees incurred in defending against said claims, from third parties arising out of the transmission of the package sent by customer through Gemiee.

Gemiee shall not be responsible for any damage from an error or omission caused by you providing false or incorrect information or for failing to provide all necessary information.

6.7 Problems with Delivery to the Gemiee Facility

You are responsible for confirming that the package and the contents of the package that arrived in our warehouse is what you ordered from the merchant. Gemiee provides photos of outside of each incoming package so you can ascertain if the correct package is received and whether or not the address and tracking number are accurate. In the event of a shipping error, you agree to immediately notify Gemiee so that the error can be corrected.

6.8 Missing and Lost Packages

In the case of a lost or damaged package please access your account to file a claim. False claims will be charged minimum INR 750 plus Gemiee’s investigation expenses. All claims for lost or damaged packages must be reported to Gemiee within 10 days otherwise they will be automatically denied. Packages are insured by combination of carrier shipping insurance and Gemiee’s private insurance. Insurance for packages lost in the warehouse or lost during shipping will be valued based on the completed product value in the dashboard. You may be asked to submit additional information detailing item contents and/or value of the merchandise during the claims process.

6.9 Delays

Sometimes Gemiee needs more time to locate your package in our warehouse. Gemiee cannot offer any additional compensation for the delay in locating and process of your package. . If we send a package to an address not listed on your account, we will do everything we can to get the package to the correct address. We will cover the cost of shipping and handling, but we will not compensate for delays or inconvenience. If we cannot get package to the correct person we will compensate for the content, our fees and postage.

6.10 Termination

You agree that Gemiee, in its sole discretion, may terminate your access to any of the Services, and/or remove, discard or modify any content within the Services, for any reason, including, without limitation, for lack of use or if Gemiee believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that Gemiee may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. If you use the Site in violation of this Agreement, Gemiee may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that Gemiee shall not be liable to you or any third party for the discontinuation or termination of your access to the Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages. If Gemiee terminates your license to access the Services, your obligations under this Agreement, including, without limitation, your obligation to indemnify and hold Gemiee harmless and your agreement that any claims you have against Gemiee will be barred after one year from the date they accrue, will survive such termination.

You can cancel your account at any time by contacting Customer Support. We can cancel your account or otherwise refuse service to you at any time for any reason (including repeat infringement).

7.0 Insurance,Refund and Cancellation Policy

Membership fees and shipping charges are non refundable. Gemiee’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 19 Special Drawing Rights per kilogram (approximately $US 26.00 per kilogram). Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road, when the limits below apply.

For cross border Shipments transported by road, Gemiee liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) Special Drawing Rights per kilogram (approximately $US 14.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.

If cusotmer regards these limits as insufficient, customer must make a special declaration of value and request Shipment Value Protection or make their own insurance arrangements.

Gemiee may be able to arrange Shipment Protection Insurance covering the value in respect of loss of or damage to the Shipment, provided that the customer pays the applicable premium as shown in the dashboard in “Ready to ship” section. Shipment protection insurance does not cover indirect loss or damage, or loss or damage caused by delays.

Excluded Countries:

The Shipment Protection Insurance program is not available for imports, exports, domestic transits or storage for the following countries:

• Cuba
• North Korea
• Syria

Restricted Countries:

The Shipment Insurance program can provide coverage for international shipments from the time they are loaded onto or off of an international flight in Iraq or Afghanistan. However, domestic or inland transit coverage within Iraq and/or Afghanistan is not automatically covered, but may be obtained on a case by case basis.

Gemiee will make every reasonable effort to deliver the Shipment according to Gemiee’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. Gemiee is not liable for any damages or loss caused by delay.

8.0 Miscellaneous

8.1 Indemnity

By choosing to use Gemiee.com, you agree to indemnify Gemiee, its officers, agents, partners and employees from any and all claims or damage, including reasonable lawyer’s fees, made by third parties due to or arising out of 1) content you choose to submit, post or transmit through Gemiee.com; 2) your use of or connection to *.Gemiee.com; 3) your violation of the User Agreement; or 4) your violation of any rights of another.

8.2 Release

In the event that you have a dispute with one or more users (including merchants and service professionals) of Gemiee.com, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge Gemiee, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and lawyers’s fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes.

8.3 Governing Law

You agree not take any legal action against us that relates to or arises out of any of our websites without first (a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. All correspondence concerning such dispute must be sent to hello@Gemiee.com, or such other designee as Gemiee may identify from time to time. The Website Terms shall be governed by and construed in accordance with Indian law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of Hyderabad, Telangana (India). All dealings, correspondence and contacts between us shall be made or conducted in the English language.

8.4 Entire Agreement

This Agreement, and our Privacy Policy (which is incorporated herein by reference) constitute the entire Agreement and supersede any other Agreements or understandings (oral or written) between you and us with respect to their subject matters.

8.5 Disclaimer of Warranties.

Gemiee.com and its services are provided “as is,” without express or implied warranty or condition of any kind, and we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. We do not promise or warrant that any aspect of the sites or system will work properly or that the information provided is complete or accurate or will be continuously available. Gemiee.com may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on Gemiee.com, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Gemiee liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on Gemiee.com. In addition, Gemiee does not endorse, warrant or guarantee the products or services of any seller or service professional.

8.6 Force Majeure

Gemiee shall not be liable to any party for any delay or failure due to: acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, telecommunications or information services infrastructure, hacking, spam, any failure of a computer, server, or software, or acts or omissions of vendors or suppliers beyond the control of Gemiee.

8.7 Severability

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

8.8 No Waiver

Any waiver of any provision of this Agreement will be effective only if in writing and signed by Gemiee.