1. AGREEMENT TO TERMS AND CONDITIONS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on
behalf of an entity ("you") ("Company," "we," "us," or "our"), concerning your access to and use of
the website as well as any other media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively. the "Site"). You agree that by
accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE. THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to
make changes or modifications to these Terms of Use at any time and for any reason. We will alert
you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any
right to receive specific notice of each such change. Please ensure that you check the applicable
Terms every time you use our Site so that you understand which Terms apply. You will be subject to,
and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms
of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property 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. 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.
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. We reserve all rights not expressly
granted to you in and to the Site, the Content.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to
comply with these Terms of Use (2) you will not access the Site through automated or non-human
dheans, whether through a bot, script, or otherwise; (3) you will not use the Site for any illegal
or unauthorized purpose, and (4) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of the Site
(or any portion thereof) without any prior notice to you and/or your organization (If any).
4. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except those that
are specifically endorsed or approved by us
As a user of the Site, you agree not to
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Systematically retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from us
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Trick, defraud, or mislead us and other users, especially in any attempt to leak sensitive
account information such as user passwords . Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that prevent or restrict
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the use or copying of any Content or enforce limitations on the use of the Site and/or the
Content contained therein.
- - Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
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- Use any information obtained from the Site in order to harass, abuse, or harm another person •
Make improper use of our support services or submit false reports of abuse or misconduct
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Engage in unauthorized framing of or linking to the Site . Upload or transmit (or attempt to
upload or to transmit) viruses, Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive text), that interferes with any
party's uninterrupted use and enjoyment of the Site or modifies, impairs disrupts, alters, or
interferes with the use, features, functions, operation, or maintenance of the Site.
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Engage in any automated use of the system, such as using scripts to send comments or messages,
or using any data mining robots, or similar data gathering and extraction tools Delete the
copyright or other proprietary rights notice from any Content.
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Attempt to impersonate another user or person or use the username of another user Upload or
transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics
interchange formats, web bugs cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms) interfere with disrupt, or creste an undue burden
on the Site or the networks or services connected to the Site.
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Make any unauthorized use of the Site, including collecting user names and/or email addresses of
users by electronic or other means for the purpose of sending unsolicited email or creating user
accounts by automated means or under false pretenses Use the Site as part of any effort to
compete with us or otherwise use the Site and/or the Content for any revenue generating.
- Endeavor or commercial enterprise.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have
the
right to suspend or terminate your account and refuse any and all current or future use of the
Site
(or any portion thereof) without any prior notice to you and/or your organization (If any).
5. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text, writings, video, audio,
photographs, graphics, comments suggestions, or personal information or other material
(collectively, "Contributions") Contributions may be viewable by other users of the Site and through
third-party websites. As such, any Contributions you transmit may be treated in accordance with the
Site Privacy Policy. When you create or make available any Contributions, you thereby represent and
agree that:
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The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade secret, ar moral
rights of any third party.
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You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and these Terms of Use.
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You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions in any manner
contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
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Your Contributions are not unsolicited or unauthorised advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation
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Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us)
- Your Contributions do not ridicule, mack, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of people.
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Your Contributions do not violate any applicable law regulation, or rule Your Contributions do
not violate the privacy or publicity rights of any third party.
Your Contributions da not violate any applicable law concerning child pornography, or otherwise
intended to protect the health.
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Your Contributions do not include any offensive comments that are connected to race, national
angin, gender, sexual preference or physical handicap
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Your Contributions do not otherwise violate, or link to material that violates, any provision of
these Terms of Use, or any . applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in,
among other things, termination or suspension of use the Site (May be with immediate effect).
6. CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information and personal data
that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share
such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for your Contributions to the
Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
7. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive
all moral rights to any such Submissions, and you hereby agree that any such Submissions are
original with you or that you have the right to submit such Submissions You agree there shall be no
recourse against us for any alleged or actual infringement or misappropriation of any proprietary
night in your Submissions.
8. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms
of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the
law or these Terms of Use, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability to
remove from the Site or otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper functioning of the Site.
9. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
OF ANY REPRESENTATION, WARRANTY. OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE
LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
10. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all or part of the Site
without notice at any time. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Site at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of
Use will be construed to obligate us to maintain and support the Site or to supply any corrections,
updates, or releases in connection therewith.
11. GOVERNING LAW
These Terms shall be governed by and defined following the laws of and yourself irrevocably consent
that shall have exclusive jurisdiction to resolve any dispute which may arise in connection with
these terms. the courts of _Indian (Specially Agra) Shall have exclusive jurisdiction to resolve any
dispute which may arise in connection with these terms.
12. DISPUTE RESOLUTION
Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question regarding its
existence, validity or termination, shall be referred to and finally resolved by the INDIAN LAW is
considered as the part of this clause. The number of arbitrators shall be language of the
proceedings shall be The seat, or legal place, of arbitration shall be The governing law of the
contract shall be the substantive law of The Restrictions.
For any legal matter, first stage of judiciary will be Agra.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other
proceeding: (b) there is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of the general public or any other
persons.
Exceptions to Arbitration -
The Parties agree that the following Disputes are not subject to the above provisions concerning
binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of
any of the intellectual property rights of a Party: (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts sted for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
13. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing. availability, and various other information. We reserve the right
to correct any errors, inaccuracies, or omissions and to change or update the information on the
Site at any time, without prior notice.
Management
14. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SITE (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY DE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE
15. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL EXEMPLARY INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO INDIA OR
CERTAIN INDIAN LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IF THESE LAWS APPLY TO YOU SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. INDEMNIFICATION
You agree to defend, indemnity, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third
party due to or arising out of: (1) use of the Site, (2) breach of these Terms of Use, (3) any
breach of your representations and warranties set forth in these Terms of Use; (4) your violation of
the rights of a third party, including but not limited to intellectual property rights; or (5) any
overt harmful act toward any other user of the Site with whom you connected via the Site
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it
17. USER DATA
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. 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
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications, You consent to receive electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you electronically, via email and on
the Site, satisfy any legal requirement that such communication 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 You
hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than electronic
means.
19. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by on Site or respect the Site
constitute entire agreement and understanding between you and us. Our failure exercise enforce any
right provision these Terms of Use shall not operate as a waiver of such right or provision. Terms
of Use operate fullest extent permissible law. may assign any or all of our rights and obligations
to others at any time. We shall not responsible or liable any loss, damage, delay, or failure to act
caused by any cause beyond our control. If any provision part of provision these Terms of is
determined to be unlawful, vaid, or unenforceable, that provision part the provision deemed
severable these Terms Use and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship created
between you and us as result these Terms Use or of the Site. You agree that these Terms Use will not
be construed against us by having drafted them. You hereby waive any and defenses you may the
electronic form of these Terms of Uses
How to contact us
If you have a privacy concern, complaint or a question regarding this privacy statement, please write
us on info@gvendor.com or visit our Agra based office.
Changes to this privacy notice
We reserve the right to update this privacy notice at any time without and prior notice, and we will
provide you with a new privacy notice when we make any substantial updates. We may also notify you
in other ways from time to time about the processing of your personal data.