TERMS AND CONDITIONS
AGREEMENT TO OUR LEGAL TERMS
We are Gapinga Home Care Products
'Company', 'we',
'us', or 'our'
India
at Jamdi
Matasipara, Malda Shakti
Shakti
chhattisgarh
495661
.
We operate https://gapinga.com/
(the Gapinga (the
You can contact us by
phone at 7587153704 , email at gapingahelp@gmail.com
Jamdi Matasipara, Malda Shakti
Shakti
chhattisgarh
495661
,
India
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (
), and Gapinga Home Care Products ,
concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be
bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF
THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may
be posted on the Services 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 Legal Terms
'Last updated'
We recommend that you print a copy of these
Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information
provided when using the Services 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 Services 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
Our intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code,
databases, functionality, software, website designs, audio, video,
text, photographs, and graphics in the Services (collectively, the
), as well as the trademarks, service marks, and logos
contained therein (the
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights and
unfair competition laws) and treaties
around the world.
The Content and Marks are provided in or through the
Services
personal, non-commercial use or internal business purpose
Your use of our Services
Subject to your
compliance with these Legal Terms, including the
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services 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.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our
Legal Terms, please address your request to:
gapingahelp@gmail.com . If we ever grant you the permission
to post, reproduce, or publicly display any part of our Services or
Content, you must identify us as the owners or licensors of the
Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or
displaying our Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to
use our Services will terminate immediately.
Your submissions
Please review
this section and the
Submissions: By directly
sending us any question, comment, suggestion, idea, feedback, or
other information about the Services (
'Submissions'
You are
responsible for what you post or upload: By sending us
Submissions
- confirm
that you have read and agree with our
' ' - to the
extent permissible by applicable law, waive any and all moral
rights to any such Submission
; - warrant
that any such Submission
are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions ; and - warrant and
represent that your Submissions
You are solely responsible for your
Submissions
By using the Services, you represent and warrant
that:
(1) all
registration information you submit
will be true, accurate, current, and complete;
(2) you
will maintain the accuracy of such information and
promptly update such registration information as
necessary;
(3) you have the
legal capacity and you agree to comply with these Legal
Terms;
(4) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (5) you will not
access the Services through automated or non-human means,
whether through a bot, script or
otherwise; (6) you will not
use the Services for any illegal or
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 Services (or any portion thereof).
4. USER REGISTRATION
You
may be required to register to use the Services. You
agree to keep your password confidential and will be
responsible for all use of your account and
password. We reserve the right to remove, reclaim,
or change a username you select if we determine, in
our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
We accept the following forms of payment:
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the
Services. You further agree to promptly update account and payment
information, including email address, payment method, and payment
card expiration date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any
time. All payments shall be in
INR .
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you
us to charge your chosen payment provider for any such
amounts upon placing your order. We reserve the right to correct any
errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same
billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole
judgement
7. SUBSCRIPTIONS
Billing and Renewal
Cancellation
Fee Changes
8.
9. PROHIBITED ACTIVITIES
You
may not access or use the Services for any purpose other than
that for which we make the Services available. The Services may
not be used in connection with any commercial
As
a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage
in
framing of or linking to the Services. - 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 Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- 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.
- 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 (
'gifs' ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms' ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except
as may be the result of standard
search engine or Internet browser
usage, use, launch, develop, or
distribute any automated system,
including without limitation, any
spider, robot, cheat utility,
scraper, or offline reader that
accesses the Services, or use or
launch any
unauthorised - Use a buying agent or purchasing agent to make purchases on the Services.
- Make
any
use of the Services, including collecting usernames 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 . - Use
the Services as part of any effort
to compete with us or otherwise use
the Services and/or the Content for
any revenue-generating
endeavour -
Use the Services to advertise or offer to sell goods and services.
10. USER GENERATED CONTRIBUTIONS
- 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, or moral rights of any third party.
-
You are the
creator and owner of or have the necessary
licences , rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - 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 Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
-
Your Contributions
are not unsolicited or
unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. -
Your Contributions
are not obscene, lewd, lascivious, filthy,
violent, harassing,
libellous , slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, 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.
- 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 do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any
use of the Services in violation of the
foregoing violates these Legal Terms and may
result in, among other things, termination or
suspension of your rights to use the
Services.
11. CONTRIBUTION
You
and Services agree that we may access, store, process, and use
any information and personal data that you provide
By
submitting suggestions or other feedback regarding the Services, 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 Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us
regarding your Contributions.
12. MOBILE APPLICATION
Use
If
you access the Services via the App, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use
the App on wireless electronic devices owned or controlled by you,
and to access and use the App on such devices strictly in accordance
with the terms and conditions of this mobile application
contained in these Legal Terms. You shall not: (1) except as
permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the
App; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the App; (3)
violate any applicable laws, rules, or regulations in connection
with your access or use of the App; (4) remove, alter, or obscure
any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App
for any revenue-generating
Apple and Android Devices
The
following terms apply when you use the App obtained from either the
Apple Store or Google Play (each an
'App Distributor'
'terrorist supporting'
licence
licence
13. THIRD-PARTY WEBSITES AND CONTENT
The
Services may contain (or you may be sent via the
14. ADVERTISERS
We
allow advertisers to display their advertisements and other information
in certain areas of the Services, such as sidebar advertisements or
banner advertisements. We simply provide the space to place such
advertisements, and we have no other relationship with
advertisers.
15. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Legal
Terms, 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 Services 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 Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
16. PRIVACY POLICY
We
care about data privacy and security. Please review our Privacy
Policy:
https://gapinga.com/privacy_policy
. By using the Services, you agree to be bound by
our Privacy Policy, which is incorporated into these Legal Terms. Please
be advised the Services are hosted in
India
India
India
India
17. TERM AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (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 LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES
OR DELETE
YOUR ACCOUNT AND
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.
18. MODIFICATIONS AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Services.
We
cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services 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 Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection
therewith.
19. GOVERNING LAW
These
Legal Terms shall be governed by and defined following the laws of India
Gapinga Home Care Products and
yourself irrevocably consent that the courts of
India
20. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of
any dispute, controversy, or claim related to these Legal Terms (each a
__________ days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other
Party.
Binding Arbitration
Any dispute arising out of or in
connection with these Legal Terms, including any question regarding its
existence, validity, or termination, shall be referred to and finally
resolved by the International Commercial Arbitration Court under the
European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according to the Rules of this ICAC, which, as a result of referring to it,
is considered as the part of this clause. The number of arbitrators shall be
__________ . The seat, or legal place, or
arbitration shall be India
. The language of the proceedings shall be
__________ . The governing law of these Legal Terms shall be
substantive law of India
.
Restrictions
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
Exceptions to Informal Negotiations and Arbitration
21. CORRECTIONS
There may be information on the
Services 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 Services at any
time, without prior notice.
22. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE 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 SERVICES 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 SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR
MOBILE APPLICATIONS LINKED TO THE SERVICES 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 SERVICES, (3) ANY
AND EXERCISE CAUTION WHERE APPROPRIATE.
23. 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 SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
24. INDEMNIFICATION
You agree to
defend, indemnify, 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
Services; (2) breach of
these Legal Terms; (3)
any breach of your representations and warranties set forth in these
Legal Terms; (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 Services with whom you connected via
the Services. Notwithstanding the foregoing, we reserve the right,
at your expense, to assume the exclusive
and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our
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.
25. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of
managing the
performance of the Services, as well as data relating to your use of the
Services. 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 Services. 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.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, 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 Services, 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 SERVICES. 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.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute
the entire agreement and understanding between you and us. Our failure
to exercise or enforce any right or provision of these Legal Terms shall
not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or
all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is
deemed severable from these Legal Terms 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 a result of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue
of having drafted them. You hereby waive any and all
28. CONTACT US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please
contact us at:
