Terms & Conditions

GemPay (“GemPay,” “we,” “us,” or “our”) operates the website located on https://gempay.io/ and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”). We are a crypto payment gateway. By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.

Site Content.

None of the Site content (other than the information you receive from GemPay Professionals) should be considered proper financial advice or an endorsement, representation, or warranty that any particular procedure is safe, appropriate, or effective for you.

User Accounts.

When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password, and certain other information collected by GemPay (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information you provide to us at all times, including during registration and in any information you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone or create more than one account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your account. GemPay reserves the right to take any action as it deems necessary or reasonable regarding the Site’s security and your Account Information. In no event and under no circumstances shall GemPay be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information, or your release of the Account Information to a third party. You may not use anyone else’s account at any time.

Access Rights.

We now grant you a limited, non-exclusive, non-transferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). In our sole discretion, we reserve the right to deny or suspend the use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site; or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior that could be regarded as inappropriate or unlawful conduct when communicating with GemPay Professionals through the Site and to refrain from contacting GemPay Professionals for any form of cryptocurrency services outside of the Site. GemPay is not responsible for any interactions with Crypto Professionals or Coaches that are not conducted through the Site. We strongly recommend that you do not use the Services on public computers or phones. We also recommend that you do not store your Account password through your web browser or other software.

Fees and Purchase Terms.

You agree to pay all fees or charges to your account following the fees, charges, and billing terms in effect when a fee or charge is due and payable. By providing GemPay with your credit card number, bank details, and associated payment information, you agree that GemPay is authorized to immediately invoice your account for all charges due and payable to GemPay hereunder and that no additional notice or consent is required.

If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. GemPay offers no guarantee that you shall receive any such reimbursement.

GemPay reserves the right to modify or implement a new pricing structure at any time before billing you for your initial payment or future payments due under these Terms of Use. You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment, canceled appointment, or a rescheduled fee equal to all or a portion of the fees.

Termination.

You may deactivate your account and end your registration at any time, for any reason, by sending an email to ContactUs@gempay.io. We may suspend or terminate your use of the Site, your account, and/or registration for any reason at any time. Subject to applicable law, reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site under its internal record retention and/or content destruction policies. After such termination, GemPay will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your records or GemPay Professionals are required to provide you with continuing care under their applicable legal, ethical, and professional obligations to you.

Right to Modify.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgment of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY AGREE THAT THE USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GEMPAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.

LIMITATION OF LIABILITY.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GEMPAY PROFESSIONALS OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification.

You agree to indemnify, defend and hold harmless GemPay, GemPay Professionals, and their respective shareholders, officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claims, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees (“Claims”), resulting from or alleged to result from, your violation of these Terms of Use.

Geographical Restrictions.

GemPay makes no representation that all products, services, and/or material described on the Site or the Services available through the Site are appropriate or available for use in locations outside Nigeria or all states and territories within Nigeria.

Disclosures.

All GemPay Professionals performing licensed services on the Site hold the professional licenses issued by the professional licensing boards or agencies in the states where they practice. You can report a complaint relating to the services provided by a GemPay Professional by contacting the professional licensing board in the state where the services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board or agency that licenses, registers, or certifies the licensee.

Website Links.

WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE, OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

Ownership.

The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by GemPay. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use any part of the Site for any commercial purposes or any services or materials available through the Site.

Trademarks.

Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks, or logos (“Marks”) of GemPay or other entities. You are not authorized to use any such Marks without the express written permission of GemPay Ownership of all such Marks. The goodwill associated in addition to that remains with us or those other entities.

Privacy and Communications.

Additionally, the information you provide to your GemPay Professional is legally confidential, except for certain legal exceptions. We devote considerable effort toward ensuring that your personal information is secure.

As part of providing you with the Services, we may need to provide you with certain communications such as appointment reminders, service announcements, privacy notices, administrative messages, and other communications about the Services (“Communications”). These communications are considered part of the Services and your account.

You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site, you agree to these Terms of Use and that such action constitutes a legal signature. You agree that we may send you Communications through electronic means including, but not limited to, (1) by email, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration (“SMS Messages”), (3) push notifications on your tablet or mobile device, or (4) by posting Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication. You can withdraw your consent to receive Communications by deactivating your account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal information may take place between you and GemPay. GemPay professionals can not ensure the security or confidentiality of messages sent by email.

SMS messages Terms and Conditions

The number of SMS messages we send as part of our Communications will depend on the frequency of your use of the Services. You can stop receiving SMS messages at any time by texting “STOP” to 91892. If you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed from SMS messages. After this, you will no longer receive SMS messages from us. If you text “HELP” to us, we will reply with instructions on how to receive SMS messages and how to unsubscribe from SMS messages.

Participating Carriers

AT&T, Verizon Wireless, Sprint, T-Mobile, US Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

T-Mobile is not liable for delayed or undelivered messages.

Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Miscellaneous.

These Terms of Use and your use of the Site shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. ANY DISPUTE ARISING UNDER OR RELATING IN ANY WAY TO THESE TERMS OF USE WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA, UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, EXCEPT THAT EITHER PARTY MAY BRING A CLAIM RELATED TO INTELLECTUAL PROPERTY RIGHTS, OR SEEK TEMPORARY AND PRELIMINARY SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF, IN ANY COURT OF COMPETENT JURISDICTION, WITHOUT THE POSTING OF BOND OR OTHER SECURITY. ALL CLAIMS, WHETHER IN ARBITRATION OR OTHERWISE, MUST BE BROUGHT SOLELY IN YOUR CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE

PROCEEDING. The parties agree to the courts’ personal and subject matter jurisdiction and venue located in San Francisco, California, for any action related to these Terms of Use.

No waiver by GemPay of any term or condition outlined in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of GemPay to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Suppose any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason. In that case, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

GemPay devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for your mobile device’s internet or data bandwidth and signal.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the US Copyright Office Website, currently located at https://www.loc.gov/copyright. GemPay has designated an agent to receive notification of alleged copyright infringement under the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to GemVault Fintech (PVT) Ltd. ContactUs@gempay.io.

Please send any questions or report any violations of these Terms of Use to ContactUs@gempay.io.

The personal information we collect or maintain may include:

• Site Activity Information. We track certain actions you take on the Site, such as the content of searches performed on the Site and information that you enter into the Site
• (e.g., your name and email address when signing up for an email newsletter, requesting more information about us and our Services, etc.).
• Access Device and Browser Information. When you access the Site from a computer or other device, we may collect information from that device, such as your Internet protocol address, browser type, connection speed, device model, operating system version, and access times.
• Cookies. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies to make the Site and Services easier to use, to make our advertising better, and to protect both you and GemPay. For more information about our use of Cookies and opt-out of performance, functionality, or targeting cookies please visit our cookie preference center.
• Analytics Tools. We use tools such as Google Analytics, AppsFlyer, and Mixpanel to help analyze how individuals use the Site. Such third parties may use Cookies, APIs, and SDKs in our services to enable them to collect and analyze user and device-related data and information on our behalf. Google Analytics, AppsFlyer, and Mixpanel use Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used before coming to the Site. We use the information we get to improve our Site and Services. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add- on, available at https://tools.google.com/dlpage/gaoptout/. Mixpanel’s ability to use and share information it collects about your visits to the Site is restricted by the Mixpanel Terms of Use located at https://mixpanel.com/terms/ and the Mixpanel Privacy Policy located at https://mixpanel.com/privacy/. You can opt out of Mixpanel’s automatic retention of data collected through your browsers while on our Site by clicking on this link https://mixpanel.com/optout/. To track opt-outs, Mixpanel uses a persistent opt-out Cookie placed on your devices. You can find out the types of information AppsFlyer collects and how you can opt-out of AppsFlyer by visiting its website: https://www.appsflyer.com/optout or by
• emailing privacy@appsflyer.com.
• Certain features of the Site use GPS technology to collect real-time information about the location of your device so that the Site can connect you to a GemPay Professional who is licensed or authorized to provide services in the state where you are located. Strictly necessary and functionality Cookies are used on our Site to support Site functionality and security. These Cookies collect crash analytics and Site activity data, as well as provide security measures.
• We may collect information from your mobile device or computer, including the type of device used to access the Site, operating system version, and mobile device carrier. This information is used to identify and fix bugs and otherwise improve the performance of the Site.

In many circumstances, the information listed above is non-personal information. For example, the information collected through Cookies may not contain any identifiable personal information. However, we will still treat that information as personal information under this Privacy Policy if (a) an applicable local law considers it personal information or (b) we combine it with personal information.

De-Identified Information.

We may use de-identified information created by us without restriction. When we use the term “de-identified information,” we mean information that is neither used nor intended to be used to personally identify an individual.

Children under age 18.

We do not knowingly allow individuals under the age of 18 to create Accounts that allow access to our Site. Children under the age of 18 may only use the Site and Services under our Terms of Use. Any personal information relating to those children will be relevant information governed by the Notice of Privacy Practices. Suppose we learn that we have collected the personal information of a child under 18, or equivalent minimum age depending on the jurisdiction, outside the above circumstances. In that case, we will take steps to delete the information as soon as possible.

We may use your personal information for the following purposes:

• To provide you with the Site and full functionality on the Site.
• To notify you when Site updates are available.
• To market and promote the Site and the Services to you.
• To create de-identified information such as aggregate statistics relating to the use of the Site.
• To fulfill any other purpose for which you provide us personal information.

We may also disclose personal information that we collect or you provide:

• To our subsidiaries, affiliates, and associated organizations.
• We use contractors, service providers, and other third parties to support our business and who are bound by contractual obligations to keep personal information confidential.
• As required by the law, which can include the provision of information as required by a court order.
• When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of GemPay’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information maintained by the Site is among the assets transferred.
• For any other purpose disclosed by us when you provide the information.

Disclosure to Third Parties.

At times GemPay may provide third parties with certain personal information to provide or improve our products and services, including to help us market to consumers.

When we do, we require those third parties to handle it under applicable laws. For example, GemPay does not sell personal information, and personal information will not be shared with third parties for their marketing purposes.

This Privacy Policy applies only to information we collect through the Site. This Privacy Policy DOES NOT apply to information collected by any third party. When you click on links on the Site, you may leave our Site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

Modification of Information.

Members will be able to update some of their information through the Site. Requests to modify any information may also be submitted to ContactUs@gempay.io.

Limitations on Deletion of Information.

You may request deletion of your personal information by us; however, we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete personal information, it will be deleted from the active database. Still, it may remain in our archives (subject to applicable law), and we may also retain anonymous information about your use of our services. Once we disclose some of your personal information to third parties, we may not be able to access that personal information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. After we delete personal information, we may retain de-identified information and will continue to use de-identified information as permitted under this Privacy Policy.

Steps we take to keep your information secure.

We employ reasonable physical, electronic, and managerial security methods to help protect against unauthorized access to personal information, such as encryption. But please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee any information you transmit to us.

Right to Non-Discrimination.

We will not discriminate against you for exercising any of your privacy rights under the law or as outlined in this Privacy Policy.

California.

In addition to the rights above, the California Consumer Privacy Act provides California consumers with the right to obtain from us information about the personal information about you that we collect, use, and disclose. You can exercise your rights by sending an email to ContactUs@gempay.io.

If you choose to exercise your privacy rights, you will not receive discriminatory treatment or a lesser degree of service from us.

Changes to the Privacy Policy.

We may change the Privacy Policy from time to time in the future. We will post any revised version of the Privacy Policy on this page. Continued use of our Services following notice of such changes will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. By using the Site, you agree to our collection, use, and disposal of personal information and other data as described in this Privacy Policy, both as it exists now and has changed from time to time.

All capitalized terms in the GemPay Privacy Policy not defined herein shall have the meaning outlined in the GemPay Terms of Use.

If you have questions or concerns about our Privacy Practices or would like to report a violation, please, contact us by emailing us at ContactUs@gempay.io.