This document is an electronic record in terms of the Information Technology Act, 2000, and its applicable amendments.
Acceptance of Terms:
By accessing and using the website gphood.com (the "Site"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (the "Terms").
If you do not agree with any part of these Terms, you must not use the Site.
Binding Agreement:
These Terms constitute a legally binding agreement between you and Gphood Tech Nigam Pvt Ltd ("we," "us," or "our").
Your continued use of the Site signifies your ongoing acceptance of these Terms.
Proprietary Ownership:
Unless otherwise indicated, the Site, gphood.com, is the proprietary property of Gphood Tech Nigam Pvt Ltd, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, international copyright laws, and international conventions.
"AS IS" Provision and Permitted Use:
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Limited License:
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
Reservation of Rights:
We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
Accuracy of Information:
By using the Site, you represent and warrant that all information you submit during registration or at any other time is true, accurate, current, and complete.
You agree to maintain the accuracy of such information and promptly update it as necessary.
Legal Capacity:
You represent and warrant that you have the legal capacity to enter into these Terms and that you are not a minor in your jurisdiction.
Compliance with Laws:
You represent and warrant that your use of the Site will not violate any applicable law or regulation.
Unlawful Use:
You may not use the Site for any unlawful purpose or in any way that violates these Terms.
Prohibited Conduct:
Consequences of Violation:
We reserve the right to terminate your access to the Site for any violation of these prohibited activities.
Responsibility for Content:
You are solely responsible for any content you post or contribute to the Site ("User Contributions").
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your User Contributions.
Prohibited Content:
Monitoring and Removal:
We have the right, but not the obligation, to monitor and remove any User Contributions that violate these Terms.
Grant of License:
By posting User Contributions, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contributions throughout the world in any media.
Use of Contributions:
You agree that we may use your User Contributions for any purpose, including commercial purposes, without any obligation to compensate you.
Feedback and Suggestions:
Any feedback, comments, or suggestions you may provide regarding the Site ("Submissions") will be treated as non-confidential and non-proprietary.
By providing Submissions, you grant us a perpetual and irrevocable license to use and incorporate such Submissions for any purpose, without any obligation to compensate you.
Links to Third-Party Sites:
The Site may contain links to third-party websites or content.
We are not responsible for the content, accuracy, or opinions expressed on such third-party websites.
Disclaimer of Responsibility:
We do not endorse or make any representations about third-party websites.
Your use of third-party websites is at your own risk.
Right to Monitor:
We reserve the right to monitor the Site for violations of these Terms.
Right to Remove Content:
We have the
right to remove or disable access to any content that violates these Terms.
Right to Manage the Site:
We reserve the right to otherwise manage the Site to protect our rights and property and to facilitate the proper functioning of the Site.
Data Collection and Use:
Our Privacy Policy governs the collection, use, and disclosure of your personal information.
By using the Site, you consent to our Privacy Policy.
Copyright Infringement Claims:
We respect the intellectual property rights of others.
If you believe that your copyrighted work has been infringed, please provide us with a DMCA notice containing the required information.
Term of Agreement:
These Terms will remain in full force and effect while you use the Site.
Termination by Us:
We may terminate or suspend your access to the Site at any time, without notice, for any reason.
Termination by You:
You may terminate your account at any time by ceasing to use the site.
Survival of Provisions:
Certain provisions of these Terms will survive termination, including intellectual property rights, disclaimers, and limitations of liability.
Modification of Terms:
We reserve the right to modify these Terms at any time.
Your continued use of the Site after any changes constitutes your acceptance of the new Terms.
Interruption of Service:
We reserve the right to modify or discontinue the Site at any time without notice.
We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.
Applicable Law:
These Terms and your use of the Site will be governed by and construed in accordance with the laws of India.
Jurisdiction:
Any disputes arising from these Terms will be resolved exclusively in the courts of Kanpur, Uttar Pradesh, India.
Right to Correct Errors:
We reserve the right to correct any errors, inaccuracies, or omissions on the Site at any time without notice.
"As Is" Provision:
The Site is provided on an "as is" and "as available" basis.
We make no warranties or representations about the accuracy, reliability, or completeness of the Site's content or services.
Disclaimer of Warranties:
We disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Site will be uninterrupted or error-free.
Use at Your Own Risk:
Your use of the Site is at your sole risk.
Exclusion of Liability:
In no event will we be liable for any direct, indirect, consequential, incidental, special, or punitive damages arising out of or in connection with your use of the Site.
This includes damages for loss of profits, data, or other intangible losses.
Limitation of Damages:
Our total liability to you for any claim arising out of or relating to these Terms or the Site will not exceed the amount you paid to us, if any, for access to or use of the Site.
Applicability:
These limitations of liability apply whether the claim is based on warranty, contract, tort, or any other legal theory.
User Indemnity:
You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Site, your violation of these Terms, or your User Contributions.
Cooperation:
You agree to cooperate fully in our defense of any claim.
Data Management:
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site.
Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
Privacy Policy Compliance:
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
All user data will be managed in accordance with our Privacy Policy.
Electronic Communication Consent:
You consent to receive electronic communications from us.
We may communicate with you by email or by posting notices on the Site.
Electronic Transactions and Signatures:
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.
California Specific Rights:
If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA) and other California state laws.
Please refer to our Privacy Policy for more information on these rights.
California Complaint Contact:
California users are entitled to the following specific consumer rights information: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Entire Agreement:
These Terms constitute the entire agreement between you and us regarding your use of the Site.
Any failure by us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
Severability:
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Assignment:
We may assign our rights and obligations under these Terms to any party at any time without notice to you.
You may not assign your rights and obligations under these Terms.
No Third-Party Beneficiaries:
These Terms do not create any third-party beneficiary rights.
Contact Information:
To resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: [email protected].