Website Policies

Privacy Policy

This privacy policy, applicable for the GeM is an electronic agreement formed under the Information Technology Act, 2000, and the rules made thereunder (as amended to date). This privacy policy is a legally binding document between the user and GeM. The terms of this privacy statement will take effect upon your use of the website and will govern the user's relationship with the GeM for all uses of the GeM website or portal. By using the GeM website or portal it is implied that the content of this privacy policy has been read carefully and accepted unconditionally by the users or else no one is allowed to use this GeM website or portal at all.
This Privacy Policy prescribes that:
- The terms "we," "us," and "our" individually and collectively refer to each entity that is part of the definition of GeM, and the terms "you," "your," and "yourself" refer to the users (including but not limited to Sellers as well as Buyers).
- By providing us your information or by making use of the facilities provided by the GeM website or portal, you hereby grant explicit and unequivocal consent to the collection, storage, processing, and transfer of any and all of your personal information and non-personal information by GeM as specified under this privacy policy. You further agree that such collection, use, storage, and transfer of your information shall not cause any loss or wrongful gain to you or any other person.
- This Privacy Policy is a contract between you and the respective GeM entity. This privacy policy shall be read together with the terms and conditions of the respective GeM entity.
- Information collected and storage of such information: The information (which shall also include data) provided by you to GeM or collected from you by GeM may consist of "personal information" and "non-personal information."
  - Personal information is information gathered that can be used to uniquely identify or contact you. The GeM portal and apps based on this portal do not automatically capture any specific personal information from you without your consent unless you yourself provide such information during your activities on GeM. We do not sell any personally identifiable information volunteered on the GeM to any third party (public or private).
  - Non-Personal Information: GeM may also collect information other than personal information about you through the website or app when you visit and/or use it. Such information may be stored in server logs. This non-personal information would not assist GeM in identifying you personally. We gather certain information about the user, such as internet protocol (IP) addresses, domain names, browser types, operating systems, the date and time of the visit, and the pages visited. We make no attempt to link these addresses to the identities of people who visit our site unless a malicious attempt to harm the site is detected or the department requires such information for any specific queries.
- You hereby accept and represent to GeM that:
  - The information you provide to GeM from time to time is and shall be authentic, correct, current, and updated, and you have all the rights, permissions, and consents as may be required to provide such information to GeM.
  - You’re providing the information to GeM and GeM 's consequent storage, collection, usage, transfer, access, or processing of the same shall not be in violation of any third-party agreement, law, charter document, judgement, order, or decree.
  - GeM and each of GeM 's entities shall not be responsible for the authenticity of the information that you or any other user provide to GeM. You shall indemnify and hold harmless GeM and each of its entities, and any third party relying on the information provided by you, in the event you are in breach of this privacy policy, including this provision and the immediately preceding provision above and hereinafter.
  - Your information will primarily be stored in electronic form, although certain data can also be stored in physical form. We may store, collect, process, and use your data in countries other than the Republic of India, but only in compliance with applicable laws. We may enter into agreements with third parties (in or outside of India) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data, for which GeM undertakes no responsibility whatsoever.
  - When you use the Website and/or the Services you specifically undertake not to host, display, upload, modify, publish, transmit, update, or share any information or Content that:
    - Belongs to another person and to which you do not have any right to
    - Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
    - Harms minors in any way.
    - Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
    - Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense, prevents investigation of any offense, or is insulting to any other nation.
    - Infringes any patent, trademark, copyright, or other proprietary rights.
    - contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource.
    - Deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature.
    - Engage in any activity that interferes with or disrupts access to the website or the services (or the servers and networks that are connected to the website).
    - Attempt to gain unauthorized access to any portion or feature of the website, any other systems or networks connected to the website, any GeM server, or any of the services offered on or through the website, by hacking, password mining, or any other illegitimate means.
    - Neither probe, scan, or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace, or seek to trace any information on any other user of the website to its source.
    - Disrupt or interfere with the security of, or otherwise cause harm to, the website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the website, or any affiliated or linked sites.
    - Use the website or content for any purpose that is unlawful or prohibited by the agreement, or to solicit the performance of any illegal activity or other activity that infringes the rights of GeM or other third parties.
    - Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    - Violate any applicable laws or regulations for the time being in force within or outside India.
Purpose for collecting, using, storing, and processing Your Information: GeM collects, uses, stores, and processes your information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage, or processing with the consent of the user) connected with any function or activity of each of GeM entities. You hereby agree and acknowledge that the information so collected is for a lawful purpose connected with a function or activity of each of the GeM entities or any person on their behalf, and the collection of information is necessary for the purposes.
Sharing and disclosure of Your Information: You hereby unconditionally agree and permit that GeM may transfer, share, disclose, or otherwise deal with all or any of Your Information, within and outside of the Republic of India, to various GeM entities and to banks and financial institutions for one or more of the purposes listed above or as may be required by applicable law. You further unconditionally agree and permit GeM to share statistical data and other details (other than your personal information) to facilitate various programmes or initiatives launched by GeM, the Government of India, its affiliates, and state governments from time to time. You explicitly permit GeM to also share personal information if GeM believes it is necessary to investigate, prevent, or act regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of various terms and conditions or our policies. We reserve the right to disclose your information when required to do so by law or regulation, under any legal obligation or order under law, in response to a request from a law enforcement or governmental agency, judicial, quasi-judicial, or any other statutory or constitutional authority, to establish or exercise our legal rights, or to defend against legal claims. You also agree that such disclosure, sharing, and transfer of Your personal and non-personal information will not result in any wrongful loss to you or any third party, or any wrongful gain to us or any third party.
Links to third-party websites:Links to third-party websites or any third-party electronic communication service may be provided on the Website. These websites are operated by third parties and are not controlled by, affiliated with, or associated with GeM unless expressly specified on the Website. GeM is not responsible for any form of transmission, whatsoever, received by you from any third-party website. Accordingly, GeM does not make any representations concerning the privacy practices or policies of such third parties or the terms of use of such third-party websites, nor does it control or guarantee the accuracy, integrity, or quality of the information or data available on such third-party websites. The inclusion or exclusion does not imply any endorsement by GeM of the thirdparty websites, the website’s provider, or the information on the website. The information provided by you to such third-party websites shall be governed in accordance with the privacy policies of such third-party websites, and it is recommended that you review the privacy policies of such third-party websites prior to using such websites.
Security & Retention: The security of your personal information is important to us. GeM works hard to protect Your personal information and keep it safe from unauthorized access, alteration, disclosure, or destruction. For this purpose, GeM adopts internal reviews of the data collection, storage, and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where GeM stores your personal information. Each of the GeM entities shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of your information. Provided, however, that Your right to seek damages is limited to statutory damages under the Information Technology Act of 2000, and You hereby waive and release all GeM entities from any claim of damages under contract. If you choose a payment gateway to complete any transaction on the Website, then your credit card data may be stored in compliance with industry standards or a recommended data security standard for the security of financial information, such as the Payment Card Industry Data Security Standard (PCI-DSS). GeM may share your information with third parties in accordance with a confidentiality agreement that, among other things, prohibits such third parties from disclosing the information further unless necessary for the purpose. However, GeM is not responsible for any breach of security or for any actions of any third parties that receive your personal information. GeM is not liable for any loss or injury caused to you because of your providing your personal information to a third party (including any third-party websites, even if links to such third-party websites are provided on the Website). Notwithstanding anything contained in this policy or elsewhere, GeM shall not be held responsible for any loss, damage, or misuse of your personal information if such loss, damage, or misuse is attributable to a force majeure event. A "force majeure event" shall mean any event that is beyond the reasonable control of GeM and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, or industrial action of any kind, riots, insurrections, wars, acts of government, computer hacking, unauthorized access to computers, computer systems, or computer networks, computer crashes, breaches of security and encryption (provided beyond the reasonable control of GeM), power or electricity failure or unavailability of adequate power or electricity, and failure or unavailability of adequate power or electricity while GeM entity will make every effort to keep any personal information GeM entity hold about you secure and prevent unauthorized access, you acknowledge that the internet or computer networks are not completely secure and that We cannot provide any absolute assurance regarding the security of Your personal information. You agree that all personal information shall be retained till such time as is required for the purpose or as is required under applicable law, whichever is later. Non-personal information will be retained indefinitely.
User discretion and opting out: You agree and acknowledge that you are providing your information out of your own free will. You have the option not to provide or permit GeM to collect your personal information. In such a case, you should neither visit any website nor use any service being provided by GeM. Also, you should not contact GeM entity, whatsoever. You can add or update your personal information on a regular basis. Kindly note that GeM will retain your previous personal information in its records.
GeM Help Desk/Call Centre: If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure, and transfer of Your Personal Information under this Privacy Policy or any other terms and conditions or policies of any GeM entity, please contact the GeM Help Desk/Call Centre or GeM entity as per details provided on the GeM website.
GeM has provided this Privacy Policy to familiarize You with
- The types of data or information that you share with or provide to GeM, as well as the data or information that GeM collects from you.
- The reason for collecting such data or information from you:
- Gems’ information and security practices and policies; and
- Gems policy on sharing or transferring your data or information with third parties
In cases of registration of the primary user or buyer and creation of secondary user(s) by the former, the Aadhar (UID) details collected by GeM are solely for user verification and to apply e-signatures on the documents. The e-sign is on par with digital signatures as per the Information Technology Act Amendment 2008, and it works based on details available in the Aadhar database of UIDAI. There is no interference or intrusion in their personal details.
This privacy statement may be amended or updated from time to time; we will indicate the date of any such amendment, which you should review on a regular basis to stay up to date on any changes. Your continued use of the website or provision of data or information thereafter will imply your unconditional acceptance of such updates to this privacy policy.

Copyright Policy for GeM

Contents of this website may not be reproduced partially or fully without due permission in writing in advance from the GeM SPV, Ministry of Commerce & Industries, Government of India. However, the content must be reproduced accurately and not used in a derogatory manner or in a misleading context. Wherever the material is published or issued to others, the source must be prominently acknowledged. However, the permission to reproduce this material shall not extend to any material that is identified as being the copyright of a third party. Authorization to reproduce such material must be obtained from the departments or copyright holders concerned.
The trademarks, logos, and service marks (collectively, "Marks") displayed on the Website are the property of GeM, their sellers, or respective third parties. You are not permitted to use the Marks without the prior consent of the GeM entity aforesaid, the Seller, or any third party that may own the Marks.
These terms and conditions shall be governed by and construed in accordance with Indian laws. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts within the local limits of principal place of business of GeM, their sellers, or respective third parties, as the case may be.

Disclaimer and Limitation of Liability

The site, including any content or information contained herein related to the marketplace services, is provided "as is" and without warranties of any kind, either express or implied.

Stakeholders of GeM agree that GeM SPV, its directors, officers, employees, consultants, and/or the MSP (collectively, "GeM") shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, misuse of login credentials or breach of security, work stoppage, computer failure or malfunction, or interruption of business) under any contract, negligence, strict liability, or other theory, arising out of or relating to the Website.

In a similar way, GeM shall not be responsible for any refund, return, or payments or dues with respect to such goods and/or services purchased or availed by the buyers.

GeM is a trust-based portal, the accuracy and integrity of the data submitted with respect to the seller and the goods or services offered on GeM will be the sole responsibility of the seller or service provider, as the case may be. GeM makes no representations or warranties, either express or implied, of any kind with respect to the goods and/or services offered for sale or sold on the site by the sellers. GeM expressly disclaims representations or warranties, express or implied, of any kind with respect to the compatibility of goods and/or services offered for sale or sold on the site, including but not limited to warranties of title or non-infringement or warranties of merchantability and fitness for a particular purpose. In no event shall Stakeholders of GeM agree that GeM SPV, its directors, officers, employees, consultants, and/or the MSP (collectively, "GeM"), be liable for special, indirect, consequential, or punitive damages relating to the goods and/or services.

Transfer of Title

IIn the whole process, the titles in the goods and/or services are passed directly from the seller to the buyer, and the said titles do not pass on to GeM at any point in time.

The operation of the website www.gem.gov.in

This site is being managed with state-of-the-art technology and built-in security features as per the Information and Technology Act, 2000, and is operated by GeM from within the Union Territory of New Delhi. It is advised that stakeholders who choose to access this site from other locations are solely responsible for compliance with the applicable laws. GeM does not warrant that your access to the site and/or related services will be uninterrupted or error-free. Stakeholders shall assume total responsibility and risk for the use of this site and site-related services at their end.

Hyperlinks from external websites to the GeM website (www.gem.gov.in)

GeM SPV has not authorized any third party to create any kind of hyperlink with www.gem.gov.in.The appearance of a link at an external website to www.gem.gov.in does not in any way mean that the said link was necessarily authorized by GeM SPV, nor does it constitute any form of cooperation with or endorsement by GeM of such third-party websites or contents therein. However, GeM reserves the right to give such approval in the future at its absolute discretion. Any use or display of the GeM logos, trade names, and trademarks as a hyperlink without GeM's formal written permission is strictly prohibited. GeM is not responsible for the creation of any link from a third-party website to intrude into GeM (itself) or any other website. GeM SPV absolves itself of all liabilities for any loss or damage incurred or suffered by you or any third party arising out of or in connection with such a third-party link. Any link to www.gem.gov.in shall always be an active and direct link to the GeM website and shall be made directly to the home page or front page of the GeM website only; no "framing" or "deep-linking" of GeM web pages or content is allowed. GeM SPV, without prejudice, reserves the right to take necessary legal or administrative actions, including the removal of any such third-party links to www.gem.gov.in, at any time.

Localization of the website (www.gem.gov.in)

All the documents on the GeM website may be made available or executed in English, Hindi, and other regional (available) languages. In the event of a conflict between the various translations, the English version will take precedence. While GeM makes reasonable efforts to provide accurate translations to assist users, GeM accepts no liability for any errors, omissions, or ambiguities in the translations provided on the website. GeM shall not be liable for any losses caused by reliance on the accuracy or reliability of translated information. If you would like to report a translation error or inaccuracy, we encourage you to please contact us.

Usage of login credentials at the GeM Helpdesks or Walk-In Desk

For any help desk services, the website disclaimer shall be applicable, which shall cover the usage of login credentials at the GeM Helpdesks/Walk-In Desk by the registered users of GeM. Please note this act is voluntary, and users are solely responsible for using such logins and all related transactions done using the systems or laptops made available by GeM at the Help Desk or Walk-In Desk

GeMMy’s disclaimer

GeMmy is an AI-driven tool that provides quick assistance to users on the Government eMarketplace (GeM) by providing answers to their queries. However, answers and responses provided are merely indicative in nature and have no legal force.

Further, users are encouraged to read through the resources available on the website or contact Helpdesk with a view to conformance the accuracy of the responses.

Caution Notice for all Stakeholders of GeM

The official website of Government e-Marketplace (GeM) SPV, Ministry of Commerce, Government of India, is gem.gov.in. All the stakeholders of GeM are advised to use the official website of GeM through this URL only. The stakeholders are advised to be cautious of any fraudulent, deceptive, and misleading websites using a similar name, logo, or other features of the GeM official website for making any transaction, and they should not enter their user or log-in credentials on any similar-looking web pages after landing on the pages through external links provided on any other web page. Providing hypertext links to any web page related to gem.gov.in on any other website is strictly prohibited.

If such a website is discovered, please notify GeM authorities so that appropriate administrative action may be taken.

Hyperlinking Policy

Links to external websites and portals

In many places on this website, you will find links to other websites or portals. The links have been placed for your convenience. GeM is not responsible for the contents or reliability of the linked websites and does not necessarily endorse the views expressed in them. The mere presence of the link or its listing on this portal should not be assumed to be an endorsement of any kind. We cannot guarantee that these links will work all the time, and we have no control over the availability of linked pages.

Links to our website from other websites

We do not object to you linking directly to the information that is hosted on this website, and no prior permission is required for the same. However, we would like you to inform us about any links provided to this website so that you can be informed of any changes or updates therein. Also, we do not permit our pages to be loaded into frames on your site. The pages belonging to this website must load into a newly opened browser window for the user.