Terms & Conditions

GEM MAP
TERMS AND CONDITIONS / TERMS OF USE

Myanmar Gem Map Company Limited
Business Registration No. 145049369

These Terms and Conditions / Terms of Use ("Terms") govern access to and use of the Gem Map mobile application, website and related digital services (collectively, the "Platform").

The Platform is operated by Myanmar Gem Map Company Limited, Business Registration No. 145049369, with its registered address at No. 118C, B502, Old Yay Tar Shay Street, Bahan Township, Yangon, Myanmar ("Gem Map", "we", "us" or "our").

By registering an account, accessing or using the Platform, submitting a Listing, purchasing a Subscription, or otherwise using any Services, you acknowledge that you have read, understood and agreed to be bound by these Terms and any policies expressly incorporated into them.

If you do not agree to these Terms, you must not use the Platform.

1. DEFINITIONS

For purposes of these Terms:

"Account" means an account registered by a User on the Platform.

"Buyer" means a User who browses, enquires about, negotiates for, orders or purchases a Product listed by a Seller.

"Content" means any photograph, video, text, description, logo, document, laboratory certificate, review, rating, message or other material uploaded, submitted or displayed through the Platform.

"Listing" means any advertisement, post, product display or offer relating to a Product made available through the Platform.

"Platform" means the Gem Map mobile application, website and associated digital systems and services.

"Product" means any permitted gemstone, processed gemstone, jewellery, ornament or related product displayed or offered through a Listing.

"Seller" means a User who displays, advertises or offers a Product through the Platform.

"Services" means the listing, discovery, account, subscription, promotional, verification and other digital services made available by Gem Map.

"Shop" means a business, store, commercial operator or other organization maintaining an Account or displaying Products through the Platform.

"Subscription" means a paid package, feature or service offered by Gem Map.

"Transaction" means any sale, purchase, order, pre-order, custom-made arrangement or other commercial transaction relating to a Product between a Buyer and Seller.

"User" means any individual or organization accessing or using the Platform, including Buyers, Sellers and Shops.

2. ACCEPTANCE OF TERMS

2.1. These Terms constitute a legally binding agreement between Gem Map and each User concerning access to and use of the Platform.

2.2. By creating an Account, accepting these Terms electronically, purchasing a Subscription, uploading Content or otherwise using the Platform, the User agrees to be bound by these Terms.

2.3. Where a person uses the Platform on behalf of a company, Shop or other organization, that person represents that he or she has authority to act for and bind that organization.

2.4. Certain Services may be subject to additional policies or service-specific terms. Where expressly incorporated into these Terms, those policies or terms form part of the agreement between Gem Map and the User.

2.5. Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee, liability or obligation that cannot lawfully be excluded, restricted or modified under applicable law.

3. ELIGIBILITY

3.1. Users must be at least eighteen (18) years of age and have legal capacity to enter into a binding agreement.

3.2. By registering or using the Platform, each User represents that:
(a) the User is at least eighteen (18) years old;
(b) all registration information provided is true, accurate, current and complete;
(c) the User has legal capacity to enter into these Terms;
(d) where acting for a business or organization, the User is duly authorized to do so; and
(e) the User's activities through the Platform will comply with applicable law.

3.3. Gem Map may refuse registration or restrict access where it reasonably believes that these eligibility requirements have not been satisfied.

4. NATURE AND ROLE OF GEM MAP

4.1 Platform Services

Gem Map primarily provides a digital marketplace, listing, advertising, discovery and connection platform through which Sellers and Shops may display gemstones, jewellery and related permitted Products and prospective Buyers may discover and contact Sellers.

4.2 Independent Buyer–Seller Transactions

Unless Gem Map expressly states otherwise in relation to a specific service, Gem Map is not the seller, purchaser, owner, manufacturer, importer, exporter, gemstone laboratory, gemologist, appraiser, valuer, authenticator, certifier, broker, auctioneer, escrow provider, payment guarantor, insurer, courier or logistics provider in relation to Products listed by Users.

Gem Map does not ordinarily become a party to the underlying Transaction between a Buyer and Seller.

4.3 Direct Dealings

Buyers and Sellers may communicate, negotiate, inspect Products, visit physical Shops, arrange laboratory testing, agree payment, arrange delivery and complete Transactions directly between themselves, including outside the Platform.

The fact that Buyer and Seller discovered or contacted one another through Gem Map does not by itself make Gem Map a party, agent or guarantor of their Transaction.

4.4 Mandatory Responsibilities

Nothing in these Terms excludes any responsibility imposed upon Gem Map by applicable mandatory law in its capacity as operator or provider of the Platform.

5. ACCOUNT REGISTRATION AND SECURITY

5.1. Certain Services require a registered Account.

5.2. Users must provide accurate, complete and current registration information and promptly update such information when it changes.

5.3. Users are responsible for maintaining the confidentiality and security of passwords, OTPs and other Account credentials.

5.4. Users must not:
(a) impersonate another person or business;
(b) create an Account using false or misleading information;
(c) sell or improperly transfer an Account;
(d) permit unauthorized use of an Account; or
(e) circumvent Account restrictions or security measures.

5.5. Users must promptly notify Gem Map of known or suspected unauthorized Account access.

5.6. Gem Map may implement reasonable authentication and security measures and require additional verification where necessary.

6. KYC AND VERIFICATION

6.1. Gem Map may require identity and other verification information from Users, Sellers and Shops.

6.2. Depending on the Account type and circumstances, Gem Map may request:
(a) identity information and identification documents;
(b) contact and address information;
(c) business registration information;
(d) Shop information;
(e) relevant licences or permits where applicable;
(f) authorized representative information; and
(g) other supporting information reasonably necessary for verification, fraud prevention, security or legal compliance.

6.3. Users must ensure that verification information and documents supplied to Gem Map are genuine, accurate and current.

6.4. Gem Map may request additional information or re-verification where reasonably necessary.

6.5. Gem Map may refuse, restrict, suspend or terminate an Account where required information is not supplied, cannot reasonably be verified, appears false or misleading, or where fraud, illegality or a material security risk is reasonably suspected.

7. VERIFICATION STATUS AND BADGES

7.1. Gem Map may provide verification statuses or badges, including KYC Verified, Seller Identity Verified, Shop/Business Verified and Licence/Document Verified.

7.2. A verification badge means only that Gem Map has conducted the particular verification process associated with that badge.

7.3. Verification does not constitute endorsement or recommendation of a User, a guarantee of honesty, solvency or reliability, authentication or certification of a Product, gemstone grading or valuation, a guarantee of Product quality, a guarantee of ownership or legal title, or a guarantee that a Transaction will be successfully performed.

7.4. Gem Map may modify, suspend or remove verification status where underlying information changes, expires, becomes unreliable or requires re-verification.

8. SELLER AND SHOP RESPONSIBILITIES

8.1. Sellers and Shops are responsible for ensuring that they have all licences, registrations, permits and authorizations required by applicable law for their respective activities.

8.2. Sellers must ensure that Products offered through the Platform may lawfully be possessed, advertised, offered, transferred and sold.

8.3. Sellers remain responsible for their Listings, representations and Products.

8.4. Gem Map may request evidence concerning a Seller's identity, authority, lawful possession, relevant licence or Product information where reasonably necessary.

9. PRODUCT LISTINGS

9.1. Sellers must ensure that each Listing is truthful, accurate in all material respects and not misleading.

9.2. Where relevant, a Listing should accurately disclose Product type and description, photographs, condition, dimensions, weight, treatment or enhancement, origin where claimed, certification status, laboratory information where applicable, price or negotiability, material defects, material characteristics and other information reasonably material to a prospective Buyer.

9.3. Sellers must not provide materially false or misleading information, use photographs that materially misrepresent a Product, falsely claim certification or origin, falsify laboratory reports, conceal material information where disclosure is required, list stolen or unlawfully obtained Products, offer Products without lawful authority, infringe third-party intellectual property rights, or engage in fraudulent or deceptive conduct.

10. LABORATORY CERTIFICATES

10.1. A laboratory certificate is not mandatory for every Listing on Gem Map.

10.2. Subject to applicable law and Platform rules, a Seller may display a Product without a laboratory certificate.

10.3. Gem Map does not prescribe an exclusive list of accepted laboratories unless otherwise notified through the Platform.

10.4. Where a Seller displays or refers to a laboratory certificate, the Seller is responsible for ensuring that the certificate is genuine, accurate, lawfully used and relates to the relevant Product.

10.5. Unless expressly stated otherwise, Gem Map does not independently certify or guarantee the laboratory report, gemstone identity, origin, treatment, grade, quality, weight, value or authenticity of a Product.

10.6. Buyers should independently verify important laboratory certificates and obtain appropriate professional testing where necessary.

11. PRODUCT PHOTOGRAPHS AND DIGITAL DISPLAY

11.1. Product photographs, videos and descriptions are generally supplied by Sellers.

11.2. Users acknowledge that the physical appearance of gemstones and jewellery may differ from digital images because of lighting, photography, camera settings, image processing, screen calibration, viewing angle or device characteristics.

11.3. Colour, transparency, brilliance, saturation, apparent size and other visual characteristics may therefore not be reproduced perfectly on a digital screen.

11.4. Buyers should physically inspect or independently verify Products where precise physical characteristics are material to their purchase decision.

12. PRICING AND COMMERCIAL ARRANGEMENTS

12.1. Listings may accommodate fixed-price sales, negotiable prices, pre-orders, custom-made Products and other permitted Seller-defined arrangements.

12.2. Unless expressly stated otherwise, prices are determined by Sellers, not Gem Map.

12.3. Buyers and Sellers are responsible for agreeing the final price and other Transaction terms, including payment, inspection, delivery, insurance, warranties, returns and refunds.

13. FREE AND PAID SERVICES

13.1. Gem Map may provide basic registration and Listing functionality free of charge.

13.2. The current free Listing allowance is up to twenty (20) Listings/posts and up to five (5) photographs per Listing/post.

13.3. Additional Listings, photographs, enhanced visibility, promotional features or other functionality may require a paid Subscription.

13.4. Gem Map may prospectively modify free usage limits or features for legitimate commercial or operational reasons, subject to reasonable notice where a change materially affects existing Users.

14. SUBSCRIPTIONS

14.1. Gem Map may offer paid Subscription packages for one (1), three (3), six (6), nine (9) or twelve (12) months.

14.2. Paid Services may include additional Listing capacity, photographs, premium features, promotional services, enhanced visibility, advertising or other features displayed on the Platform.

14.3. The applicable price, Subscription period and included features shall be displayed before purchase.

14.4. Gem Map may introduce, modify or discontinue Subscription packages prospectively.

14.5. Changes to future package pricing will not retrospectively alter the price of an existing paid and activated Subscription unless required by law or agreed with the User.

15. PAYMENT OF GEM MAP FEES

15.1. Gem Map may accept payment for its Subscriptions and Platform Services through KBZPay, MPU, Visa and other methods made available through the Platform.

15.2. These payment facilities relate to Gem Map Subscription or Platform service fees unless expressly stated otherwise.

15.3. They do not mean that Gem Map receives, holds, processes or guarantees the purchase price payable by a Buyer to a Seller for a Product.

15.4. Gem Map does not provide escrow or hold Product purchase funds on behalf of Buyers or Sellers unless a separate service is expressly introduced for that purpose.

15.5. Independent payment service providers may impose their own terms, security requirements and processing rules.

16. BUYER–SELLER TRANSACTIONS

16.1. Buyers and Sellers independently decide whether to enter into a Transaction.

16.2. Unless expressly stated otherwise, the agreement for the sale or supply of a Product is between the relevant Buyer and Seller.

16.3. Buyer and Seller are responsible for agreeing and performing all material terms of their Transaction.

16.4. Gem Map does not charge a commission on the underlying Product Transaction merely because Buyer and Seller discovered or contacted each other through the Platform.

16.5. Sellers remain responsible for the Products they offer and for performing their obligations to Buyers.

16.6. Buyers remain responsible for payment and other obligations they agree with Sellers.

17. OFF-PLATFORM TRANSACTIONS

17.1. Users may contact each other and complete Transactions outside the Platform.

17.2. Gem Map does not control private or off-platform communications, negotiations or Transactions.

17.3. For direct Transactions, Buyer and Seller are responsible for payment, inspection, authentication, laboratory testing, ownership verification, delivery, insurance, applicable taxes, customs where applicable, licences and permits, warranties, returns, refunds and their contractual obligations to one another.

17.4. Users should exercise appropriate caution before transferring money, releasing Products or entering into high-value Transactions.

18. BUYER DUE DILIGENCE

18.1. Buyers are responsible for making an informed purchasing decision and are strongly encouraged to conduct appropriate due diligence before completing a Transaction.

18.2. Depending on the nature and value of a Product, due diligence may include physically inspecting the Product, confirming Seller identity and Shop information, reviewing relevant licences where appropriate, checking and independently verifying laboratory documentation, obtaining independent gemological testing, confirming Product weight and material characteristics, confirming ownership or authority to sell, obtaining appropriate receipts or written sale documentation, agreeing return and refund terms before payment, and arranging secure delivery and appropriate insurance.

18.3. A verification badge, Listing, review or laboratory certificate displayed through the Platform should not be treated as a substitute for appropriate Buyer due diligence.

19. SELLER REPRESENTATIONS AND WARRANTIES

By publishing a Listing, the Seller represents and warrants that the Seller owns the Product or has lawful authority to offer it; the Product is not stolen or unlawfully obtained; the Listing is not materially false or misleading; photographs are not used to materially misrepresent the Product; laboratory documentation supplied by the Seller is genuine to the Seller's knowledge and lawfully used; material information required by applicable law will be disclosed; the Listing and sale do not infringe third-party intellectual property rights; and the Seller will comply with applicable licensing, regulatory and consumer protection obligations.

20. DELIVERY, TRANSIT AND INSURANCE

20.1. Unless Gem Map expressly offers a separate delivery service, delivery arrangements are solely between Buyer and Seller.

20.2. Buyer and Seller should agree the delivery method, courier, delivery costs, transfer of risk, inspection arrangements and whether transit insurance is required.

20.3. Gem Map is not responsible for loss, theft, delay, damage or failure caused by an independent courier or logistics provider, except to the extent that liability is imposed upon Gem Map by applicable law or results from Gem Map's own legally actionable conduct.

20.4. Users are encouraged to use appropriate secure delivery and transit insurance for high-value Products.

21. RETURNS, REFUNDS AND CANCELLATIONS

21.1 Product Transactions

Returns, exchanges, cancellations, warranties and refunds concerning an underlying Product Transaction are primarily matters between the relevant Buyer and Seller, subject to applicable mandatory law. Buyers and Sellers should agree such terms before completing a Transaction. Nothing in these Terms removes or restricts mandatory consumer rights that may apply to a particular Transaction.

21.2 Gem Map Subscriptions

Unless otherwise required by applicable law or expressly stated for a particular Subscription, Subscription fees are generally non-refundable after the relevant paid service has been activated.

21.3 System or Server Failure

Where a material server or system failure attributable to Gem Map prevents a paid User from materially using paid functionality, Gem Map may, as appropriate, restore the affected service period, extend the Subscription for an equivalent or reasonable period, or provide another reasonable service credit. Where legally permissible and reasonable, restoration or extension of service time may be provided instead of a cash refund.

22. REVIEWS AND RATINGS

22.1. Gem Map may allow Users to submit reviews and ratings.

22.2. Reviews must reflect genuine experience, be honest and not knowingly misleading, not be fabricated or improperly manipulated, not contain unlawful or defamatory material, not harass or threaten another person, not unlawfully disclose confidential or personal information, and otherwise comply with these Terms.

22.3. Gem Map may moderate, restrict or remove reviews that reasonably appear to violate these Terms.

22.4. Gem Map does not guarantee the accuracy of every review or rating.

23. USER CONTENT

23.1. Subject to the licence granted below, Users retain ownership of intellectual property rights they lawfully hold in their Content.

23.2. Users are responsible for Content they upload and represent that they own or have the necessary rights and permissions to use and submit that Content.

23.3. By uploading Content, the User grants Gem Map a non-exclusive, worldwide, royalty-free licence, for so long as reasonably necessary for operation and legitimate promotion of the Platform, to host, store, reproduce, format, resize, technically modify, display and distribute the Content through or in connection with the Platform.

23.4. The licence granted under this Clause does not transfer ownership of User Content to Gem Map.

23.5. Gem Map's handling of Content containing personal information remains subject to applicable law and the Privacy Policy.

24. GEM MAP INTELLECTUAL PROPERTY

24.1. Except for User Content and third-party materials, intellectual property rights in the Platform and Gem Map's proprietary materials belong to Gem Map or its licensors. Such materials may include the Gem Map name, logos, trademarks, business identifiers, application software, website, interface, graphics, databases, documentation and original Platform content.

24.2. Except where permitted by law or authorized in writing, Users must not copy or commercially reproduce Platform materials, reverse engineer Platform software, scrape or systematically extract Platform data, clone or imitate the Platform, use automated harvesting systems without authorization, circumvent technological protection or security measures, falsely suggest association with Gem Map, or misuse Gem Map's trademarks, logos or branding.

25. PROHIBITED ACTIVITIES

Users must not use the Platform to commit or facilitate fraud or scams; engage in money laundering or other unlawful financial activities; conduct unlawful gemstone or jewellery trading; list stolen or unlawfully obtained Products; knowingly misrepresent fake, imitation, synthetic, treated or otherwise materially different Products; use forged or materially altered certificates; publish materially misleading Listings; impersonate another person or organization; manipulate Accounts; gain unauthorized access; introduce malware; interfere with Platform operation; scrape or harvest data without authorization; distribute spam; harass or abuse others; publish unlawful Content; infringe intellectual property rights; circumvent security or verification measures; manipulate reviews or ratings; unlawfully misuse personal information; evade valid Account restrictions; or use the Platform for any activity prohibited by applicable law.

26. PLATFORM MONITORING AND ENFORCEMENT

26.1. Gem Map may monitor, review or investigate Platform activity but is not required to pre-screen every Listing or independently inspect every Product.

26.2. Where reasonably necessary, Gem Map may review Listings or Content, request supporting evidence, restrict visibility, remove Listings or Content, restrict reviews, require re-verification, restrict Account functionality, suspend or terminate Accounts, investigate complaints, preserve relevant records where lawful, and cooperate with lawful requests from competent authorities.

26.3. Gem Map's failure to detect misconduct before it occurs does not by itself constitute approval, certification or endorsement of that conduct.

27. COMPLAINTS AND REPORTING

27.1. Users may report suspected fraudulent Listings, stolen Products, counterfeit or materially misrepresented Products, forged certificates, intellectual property infringement, abusive conduct, illegal activity or other material violations of these Terms.

27.2. Reports should contain sufficient information and supporting evidence to permit reasonable review.

27.3. Gem Map may investigate a report and request additional information from relevant Users.

27.4. Gem Map does not guarantee that every complaint will result in removal, suspension, compensation or any particular outcome.

27.5. Gem Map may cooperate with competent authorities where required by law or reasonably necessary in relation to suspected serious unlawful activity.

28. BUYER–SELLER DISPUTES

28.1. Buyers and Sellers remain primarily responsible for resolving disputes arising from their independent Transactions.

28.2. Gem Map may, at its discretion, assist communications between Users or facilitate an informal resolution.

28.3. Such assistance does not make Gem Map an arbitrator, court, agent, guarantor or party to the underlying Transaction.

28.4. Gem Map may separately take Platform-level enforcement action, including warning, Listing removal, restriction, suspension or termination, where a dispute reveals suspected fraud or violation of these Terms.

29. THIRD-PARTY SERVICES

29.1. The Platform may use or interact with independent third-party services, including payment providers, banks, maps, hosting or cloud providers, analytics services, authentication services, communication tools, external websites and delivery providers.

29.2. Third-party services may be governed by their own terms and privacy practices.

29.3. To the extent permitted by applicable law, Gem Map does not assume responsibility for independent acts, omissions, outages or contractual performance of third-party service providers merely because their services are accessible through or integrated with the Platform.

30. PRIVACY AND PERSONAL DATA

30.1. Gem Map may collect and process information reasonably required to provide, secure and administer the Platform, including Account information, KYC information, identification documents, contact information, business information, verification information and relevant technical or security information.

30.2. Personal information shall be handled in accordance with applicable law and the Gem Map Privacy Policy.

30.3. Users must not unlawfully collect, disclose, sell, misuse or otherwise process personal information obtained through the Platform.

30.4. The Privacy Policy, as updated from time to time in accordance with applicable law, is incorporated into these Terms by reference.

31. PLATFORM AVAILABILITY AND TECHNICAL ISSUES

31.1. Gem Map aims to provide reliable Services but does not guarantee uninterrupted or error-free availability.

31.2. The Platform may be temporarily unavailable because of maintenance, upgrades, server failure, network interruption, system errors, security incidents, third-party outages, telecommunications failures or other events beyond reasonable control.

31.3. Gem Map may reasonably modify, update or temporarily suspend features for security, maintenance, legal compliance or Platform improvement.

31.4. Material loss of paid service time caused by a Gem Map-controlled technical failure may be addressed in accordance with Clause 21.3.

32. ACCOUNT SUSPENSION AND TERMINATION

32.1. Gem Map may restrict, suspend or terminate an Account where reasonably necessary because of fraud or suspected fraud, violation of applicable law, material breach of these Terms, security risk, false or fraudulent KYC information, illegal or prohibited Listings, repeated substantiated complaints, material misuse of the Platform, non-payment of applicable Platform fees, circumvention of enforcement measures, or a lawful governmental, regulatory or judicial requirement.

32.2. Where reasonably practicable, Gem Map may provide notice or an opportunity to remedy a non-serious breach before permanent termination.

32.3. Immediate restriction or suspension may be imposed where reasonably necessary to protect Users, prevent fraud, preserve Platform security or comply with law.

32.4. Users may request Account closure subject to outstanding obligations and lawful record-retention requirements.

32.5. Termination does not extinguish rights or obligations accrued before termination.

33. DISCLAIMER OF WARRANTIES

33.1. To the maximum extent permitted by applicable law, the Platform is provided on an "as is" and "as available" basis.

33.2. Gem Map does not warrant uninterrupted or completely error-free Platform operation.

33.3. Except where Gem Map expressly assumes responsibility or applicable law provides otherwise, Gem Map does not independently warrant or guarantee the reliability of a Buyer or Seller; authenticity or quality of a Product; accuracy of laboratory findings supplied by a User; legal title to a Product; Product value or investment value; future market or resale value; delivery performance; or successful completion of a Buyer–Seller Transaction.

33.4. Nothing in these Terms excludes any statutory guarantee or other legal obligation that cannot lawfully be excluded.

34. LIMITATION OF LIABILITY

34.1. This Clause applies only to the maximum extent permitted by applicable law.

34.2. Gem Map shall not be responsible merely because a User provides inaccurate or misleading information; a Product is counterfeit, synthetic, treated, misdescribed or otherwise differs from a Seller's representation; a certificate supplied by a User is inaccurate or fraudulent; a Buyer or Seller breaches an independent Transaction; loss arises from an off-platform Transaction; an independent courier loses, damages or delays a Product; an independent third-party service fails; or a User fails to conduct reasonable due diligence, except to the extent that the relevant loss is legally attributable to Gem Map's own conduct.

34.3. To the extent permitted by law, Gem Map shall not be liable for indirect, incidental, special or consequential loss arising from use of the Platform, including loss of profit, business opportunity or anticipated savings.

34.4. Where a claim arises specifically from a paid Gem Map Subscription or paid Platform Service, Gem Map's aggregate contractual liability, where a monetary limitation is legally permissible, shall not exceed the total Platform fees actually paid by the relevant User to Gem Map for the affected paid Service during the six (6) months immediately preceding the event giving rise to the claim, or the fees actually paid during the shorter period if the relevant paid Service has existed for less than six months.

34.5. The limitation in Clause 34.4 does not apply to liability that cannot lawfully be excluded or limited.

34.6. Nothing in these Terms excludes or limits liability for fraud or any other liability to the extent that exclusion or limitation is prohibited by applicable law.

35. INDEMNIFICATION

35.1. To the extent permitted by applicable law, a User shall indemnify Gem Map and its directors, officers, employees and representatives against third-party claims, liabilities, damages, reasonable costs and expenses arising directly from the User's unlawful Listing or Content, infringement caused by the User's Content, the User's fraud or intentional misconduct, material breach of these Terms, materially false information supplied by the User, violation of applicable regulatory requirements, or unlawful use of the Platform.

35.2. This indemnity does not apply to loss to the extent caused by Gem Map's own unlawful conduct.

36. CHANGES TO SERVICES, PACKAGES AND FEES

36.1. Gem Map may prospectively modify Platform features, Subscription packages, Listing limits, promotional features, Subscription prices, verification procedures and Platform rules.

36.2. Material changes affecting an existing paid Service shall be communicated through the Platform or another reasonable method.

36.3. Such changes shall not retrospectively alter the agreed terms of a completed independent Buyer–Seller Transaction.

37. AMENDMENTS TO THESE TERMS

37.1. Gem Map may amend these Terms where reasonably necessary to reflect changes in law, regulatory requirements, security requirements, Services or legitimate Platform operations.

37.2. Updated Terms shall identify their effective date.

37.3. Material amendments shall be notified through the Platform, email, push notification or another appropriate method.

37.4. Continued use of the Platform after amended Terms take effect constitutes acceptance to the extent permitted by applicable law.

37.5. Where applicable law requires express consent to an amendment, Gem Map shall obtain such consent.

38. ELECTRONIC COMMUNICATIONS AND RECORDS

38.1. Subject to applicable law, Users consent to receiving communications, notices, confirmations and records relating to the Platform electronically.

38.2. Communications may be provided through the Platform, email, SMS, push notification or other electronic means made available by Gem Map.

38.3. Users are responsible for maintaining accurate and current contact information.

38.4. Electronic records, confirmations and communications may be retained and relied upon as evidence of Platform activities to the extent permitted by applicable law.

39. FORCE MAJEURE

39.1. Subject to applicable law, Gem Map shall not be liable for delay or failure to perform an obligation to the extent caused by events beyond its reasonable control, including natural disasters, fire, flood, war, civil disturbance, governmental action, widespread power failure, telecommunications or internet failure, major infrastructure failure, or cyber incidents that could not reasonably have been prevented through appropriate measures.

39.2. Gem Map shall take commercially reasonable measures to mitigate material effects where practicable.

39.3. This Clause does not excuse an obligation that applicable law does not permit to be excused.

40. GOVERNING LAW

These Terms and the relationship between Gem Map and the User concerning use of the Platform shall be governed by and interpreted in accordance with the laws of the Republic of the Union of Myanmar, without prejudice to any mandatory rights or remedies applicable under Myanmar law.

41. DISPUTE RESOLUTION

41.1 Good-Faith Resolution

Where a dispute arises directly between a User and Gem Map under these Terms, the parties shall first attempt in good faith to resolve the dispute through written communication and negotiation. The complaining party should provide reasonable details of the dispute, relevant supporting information and the remedy requested. Unless urgent relief is required, the parties shall attempt to resolve the dispute within thirty (30) days after receipt of a sufficiently detailed written dispute notice.

41.2 Arbitration

If a dispute between Gem Map and a User cannot be resolved through good-faith negotiation and is legally capable of settlement by arbitration, either party may refer the dispute to arbitration in accordance with the Arbitration Law of Myanmar. Unless otherwise agreed by the parties:
(a) the seat and place of arbitration shall be Yangon, Myanmar;
(b) the tribunal shall consist of one (1) arbitrator mutually agreed by the parties or appointed in accordance with applicable law if the parties cannot agree;
(c) the arbitration shall be conducted in English, provided that Myanmar-language evidence may be submitted with an appropriate translation where reasonably required; and
(d) the arbitration shall be governed by applicable Myanmar arbitration law.

41.3 Court Relief

Nothing in this Clause prevents either party from applying to a competent Myanmar court for interim or conservatory relief, injunctive relief, protection of intellectual property or confidential information, assistance permitted under applicable arbitration law, recognition or enforcement of an arbitral award, or relief concerning a dispute that cannot legally be submitted to arbitration.

41.4 Mandatory Rights

Nothing in this dispute resolution clause prevents a User from exercising a right to approach a competent regulator, consumer protection authority, court or other body where such right cannot lawfully be waived.

41.5 Buyer–Seller Disputes

This Clause governs disputes arising between Gem Map and a User under these Terms. It does not automatically apply to a separate Product Transaction dispute between a Buyer and Seller. Buyer and Seller remain responsible for the dispute resolution arrangements applicable to their own Transaction.

42. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal or unenforceable, it shall, where legally possible, be interpreted or limited to the minimum extent necessary to make it valid and enforceable. If this is not possible, the affected provision shall be severed and the remaining provisions shall continue in effect.

43. WAIVER

Failure or delay by Gem Map in exercising or enforcing a right under these Terms does not constitute a waiver of that right. Any waiver applies only to the particular circumstances for which it is given.

44. ASSIGNMENT

44.1. A User may not assign or transfer material rights or obligations under these Terms without Gem Map's prior consent where such transfer would affect Account identity, verification, security or legal obligations.

44.2. Subject to applicable law, Gem Map may assign or transfer its rights and obligations in connection with a genuine merger, acquisition, corporate restructuring, business transfer or transfer of the Platform, provided that mandatory User rights are not unlawfully reduced.

45. ENTIRE AGREEMENT

45.1. These Terms, together with policies and service-specific terms expressly incorporated by reference, constitute the agreement between Gem Map and the User concerning use of the Platform.

45.2. These Terms do not replace or become the independent sale or purchase agreement entered into directly between a Buyer and Seller concerning a Product.

46. SURVIVAL

Provisions which by their nature are intended to continue after Account closure or termination shall survive, including provisions concerning intellectual property, accrued payment obligations, User responsibility, limitation of liability, indemnification, dispute resolution, governing law and lawful record retention.

47. CONTACT INFORMATION

Questions, complaints or notices relating to these Terms or use of the Platform may be directed to:

Myanmar Gem Map Company Limited
Gem Map
Business Registration No.: 145049369

Registered Address:
No. 118C, B502, Old Yay Tar Shay Street,
Bahan Township, Yangon, Myanmar

Email: [email protected]
Telephone: 09 779 779 717

ACKNOWLEDGEMENT

By creating an Account, clicking or selecting an acceptance mechanism provided by Gem Map, purchasing a Subscription, or continuing to use the Platform after being presented with these Terms, the User acknowledges that the User has read, understood and agreed to these Terms.

END OF TERMS AND CONDITIONS