TERMS AND CONDITIONS
Last updated: 2024-04-09
1. Introduction
Welcome to GUPTA TELECOM (Company,
we, our, us)!
These Terms of Service ("Terms", "Terms of
Service") govern your use of our website located at www.gtelararia.in
(together or individually "Service") operated by GUPTA TELECOM
.
Our Privacy Policy also governs your use of our
Service and explains how we collect, safeguard and disclose information that
results from your use of our web pages.
Your agreement with us includes these Terms and
our Privacy Policy ("Agreements"). You acknowledge that you have read and
understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with)
Agreements, then you may not use the Service, but please let us know by
emailing at niteshgtel@gmail.com so we can try to find a
solution. These Terms apply to all visitors, users and others who wish to
access or use Service.
2. Communications
By using our Service, you agree to subscribe to
newsletters, marketing or promotional materials and other information we may
send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or by emailing at niteshgtel@gmail.com
3. Purchases
If you wish to purchase any product or service
made available through Service ("Purchase"), you may be asked to supply certain
information relevant to your Purchase including but not limited to, your credit
or debit card number, the expiration date of your card, your billing address,
and your shipping information.
You represent and warrant that: (i) you have the
legal right to use any card(s) or other payment method(s) in connection with
any Purchase; and that (ii) the information you supply to us is true, correct
and complete.
We may employ the use of third party services
for the purpose of facilitating payment and the completion of Purchases. By
submitting your information, you grant us the right to provide the information
to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your
order at any time for reasons including but not limited to: product or service
availability, errors in the description or price of the product or service,
error in your order or other reasons.
We reserve the right to refuse or cancel your
order if fraud or an unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions
(collectively, "Promotions") made available through Service may be governed by
rules that are separate from these Terms of Service. If you participate in any
Promotions, please review the applicable rules as well as our Privacy Policy.
If the rules for a Promotion conflict with these Terms of Service, Promotion
rules will apply.
5. Refunds
We issue refunds for Contracts within 7
days of the original purchase of the Contract.
6. Content
Content found on or through this Service are the
property of GUPTA TELECOM or used with permission. You may not
distribute, modify, transmit, reuse, download, repost, copy, or use said
Content, whether in whole or in part, for commercial purposes or for personal
gain, without express advance written permission from us.
7. Prohibited Uses
You may use Service only for lawful purposes and
in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable
national or international law or regulation.
0.2. For the purpose of exploiting, harming, or
attempting to exploit or harm minors in any way by exposing them to
inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any
advertising or promotional material, including any "junk mail", "chain letter,"
"spam," or any other similar solicitation.
0.4. To impersonate or attempt to impersonate
Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights
of others, or in any way is illegal, threatening, fraudulent, or harmful, or in
connection with any unlawful, illegal, fraudulent, or harmful purpose or
activity.
0.6. To engage in any other conduct that
restricts or inhibits anyone’s use or enjoyment of Service, or which, as
determined by us, may harm or offend Company or users of Service or expose them
to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could
disable, overburden, damage, or impair Service or interfere with any other
party’s use of Service, including their ability to engage in real time
activities through Service.
0.2. Use any robot, spider, or other automatic
device, process, or means to access Service for any purpose, including
monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy
any of the material on Service or for any other unauthorized purpose without
our prior written consent.
0.4. Use any device, software, or routine that
interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses,
worms, logic bombs, or other material which is malicious or technologically
harmful.
0.6. Attempt to gain unauthorized access to,
interfere with, damage, or disrupt any parts of Service, the server on which
Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service
attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify
Company rating.
0.9. Otherwise attempt to interfere with the
proper working of Service.
8. Analytics
We may use third-party Service Providers to
monitor and analyze the use of our Service.
9. No Use By Minors
Service is intended only for access and use by
individuals at least eighteen (18) years old. By accessing or using Service,
you warrant and represent that you are at least eighteen (18) years of age and
with the full authority, right, and capacity to enter into this agreement and
abide by all of the terms and conditions of Terms. If you are not at least
eighteen (18) years old, you are prohibited from both the access and usage of
Service.
10. Accounts
When you create an account with us, you
guarantee that you are above the age of 18, and that the information you
provide us is accurate, complete, and current at all times. Inaccurate,
incomplete, or obsolete information may result in the immediate termination of
your account on Service.
You are responsible for maintaining the
confidentiality of your account and password, including but not limited to the
restriction of access to your computer and/or account. You agree to accept
responsibility for any and all activities or actions that occur under your
account and/or password, whether your password is with our Service or a
third-party service. You must notify us immediately upon becoming aware of any
breach of security or unauthorized use of your account.
You may not use as a username the name of
another person or entity or that is not lawfully available for use, a name or
trademark that is subject to any rights of another person or entity other than
you, without appropriate authorization. You may not use as a username any name
that is offensive, vulgar or obscene.
We reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in our sole
discretion.
11. Intellectual Property
Service and its original content (excluding
Content provided by users), features and functionality are and will remain the
exclusive property of GUPTA TELECOM and its licensors. Service
is protected by copyright, trademark, and other laws of and foreign countries.
Our trademarks may not be used in connection with any product or service
without the prior written consent of GUPTA TELECOM
12. Copyright Policy
We respect the intellectual property rights of
others. It is our policy to respond to any claim that Content posted on Service
infringes on the copyright or other intellectual property rights
("Infringement") of any person or entity.
If you are a copyright owner, or authorized on
behalf of one, and you believe that the copyrighted work has been copied in a
way that constitutes copyright infringement, please submit your claim via email
to Gtel Team niteshgtel@gmail.com, with the subject line: "Copyright
Infringement" and include in your claim a detailed description of the alleged
Infringement as detailed below, under "DMCA Notice and Procedure for Copyright
Infringement Claims"
You may be held accountable for damages
(including costs and attorneys’ fees) for misrepresentation or bad-faith claims
on the infringement of any Content found on and/or through Service on your
copyright.
13. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the
Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with
the following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
0.1. an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that
you claim has been infringed, including the URL (i.e., web page address) of the
location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific
location on Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email
address;
0.5. a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;
0.6. a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at
niteshgtel@gmail.com
14. Error Reporting and Feedback
You may provide us either directly at niteshgtel@gmail.com
or via third party sites and tools with information and feedback concerning
errors, suggestions for improvements, ideas, problems, complaints, and other
matters related to our Service ("Feedback"). You acknowledge and agree that:
(i) you shall not retain, acquire or assert any intellectual property right or
other right, title or interest in or to the Feedback; (ii) Company may have
development ideas similar to the Feedback; (iii) Feedback does not contain
confidential information or proprietary information from you or any third
party; and (iv) Company is not under any obligation of confidentiality with
respect to the Feedback. In the event the transfer of the ownership to the
Feedback is not possible due to applicable mandatory laws, you grant Company
and its affiliates an exclusive, transferable, irrevocable, free-of-charge,
sub-licensable, unlimited and perpetual right to use (including copy, modify,
create derivative works, publish, distribute and commercialize) Feedback in any
manner and for any purpose.
15. Links To Other Web Sites
Our Service may contain links to third party web
sites or services that are not owned or controlled by GUPTA TELECOM
GUPTA TELECOM has no control over, and assumes no
responsibility for the content, privacy policies, or practices of any third
party web sites or services. We do not warrant the offerings of any of these
entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT
BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED
OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH
CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB
SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF
SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU
VISIT.
16. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN "AS
IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE
INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT
YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH
COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH
COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US
AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES
(INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND
ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR
ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR
OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE,
ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR
LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY
LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO
THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES
WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
18. Termination
We may terminate or suspend your account and bar
access to Service immediately, without prior notice or liability, under our
sole discretion, for any reason whatsoever and without limitation, including
but not limited to a breach of Terms.
If you wish to terminate your account, you may
simply discontinue using Service.
All provisions of Terms which by their nature
should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
19. Governing Law
These Terms shall be governed and construed in
accordance with the laws of india, which governing law applies to agreement
without regard to its conflict of law provisions.
Our failure to enforce any right or provision of
these Terms will not be considered a waiver of those rights. If any provision
of these Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service and supersede and replace any
prior agreements we might have had between us regarding Service.
20. Changes To Service
We reserve the right to withdraw or amend our
Service, and any service or material we provide via Service, in our sole
discretion without notice. We will not be liable if for any reason all or any
part of Service is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of Service, or the entire Service,
to users, including registered users.
21. Amendments To Terms
We may amend Terms at any time by posting the
amended terms on this site. It is your responsibility to review these Terms
periodically.
Your continued use of the Platform following the
posting of revised Terms means that you accept and agree to the changes. You
are expected to check this page frequently so you are aware of any changes, as
they are binding on you.
By continuing to access or use our Service after
any revisions become effective, you agree to be bound by the revised terms. If
you do not agree to the new terms, you are no longer authorized to use Service.
22. Waiver And Severability
No waiver by Company of any term or condition
set forth in Terms shall be deemed a further or continuing waiver of such term
or condition or a waiver of any other term or condition, and any failure of
Company to assert a right or provision under Terms shall not constitute a
waiver of such right or provision.
If any provision of Terms is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent such that the remaining provisions of Terms will continue in
full force and effect.
23. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY
US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE
BOUND BY THEM.
24. Contact Us
Please send your feedback, comments, requests
for technical support by email: niteshgtel@gmail.com