Terms of Service & User Agreement

 

Thank you for using Gutrgoo!

 

Gutrgoo’s products and services are provided by DigiLife Technologies Private Limited, a Company registered under Companies Act, 2013 with its registered office at C 301, Dara Enclave, AWHO Plot No 6, Sector 9, Nerul, Navi Mumbai, Mumbai City, Maharashtra, India, 400706. These Terms of Service (“Terms”) govern your access to and use of Gutrgoo’s website, products, and services (“Services”). Please read these Terms & conditions carefully, and by accessing or using our Services, you agree to be bound by these Terms & Conditions, Privacy Policy and by Gutrgoo’s Guidelines. Kindly note that you may access and/ or use Gutrgoo and/or its offered products and/ or services only if you hereby accept to our Terms and Disclaimers if any stipulated herein.

 

  1. Who Can Use Gutrgoo

 

It is agreed that currently, you can only use Gutrgoo as an individual for personal use. You cannot create an account on behalf of your business, company, organization or any other entity. Gutrgoo does not allow you to use your account for any commercial activity/s including, but not limited to promotion of any goods and/ or services, posting advertisements and/or posting content with a motive of earning profit and/or doing any sort of business of any nature on Gutrgoo. Some of our Products may be in form of software that is downloaded to your computer and you agree that we may automatically upgrade those Services from time to time, and these Terms with certain modifications will apply to such upgrades.

 

  1. Your Gutrgoo Account

 

By signing up for a Gutrgoo account, you hereby acknowledge and agree that:

 

You further agree and acknowledge that you are solely responsible for maintaining the confidentiality of your password and/or your account and for restricting access to your account by setting privacy settings so that save and except those user/s whom you allow to view your account no other User/s can view the same. For further information, kindly refer to our Privacy Policy.

 
It is agreed by you that if in the event your password is hacked and/or leaked and/or if your password is disclosed to anyone else Gutrgoo shall not be responsible and/or liable in that case. For the safety of your account information Gutrgoo advises you to change your password frequently. In case you access Gutrgoo through a cyber café Gutrgoo further advices you to change your password immediately as the same may get hacked or leaked out. 


Gutrgoo reserves the right to terminate your account and deny access of Gutrgoo to any person who violates these Terms and/or Privacy Policy and/or Fair Use Policy. 

In the event you refuse to accept these terms and/ or privacy policy and/ or Fair Use Policy you shall stop using Gutrgoo immediately.

 

  1. Advice

 

It is agreed by you that no oral or written information or advice provided by Gutrgoo, its officers, employees, or agents will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice for making any decision or abstaining from making any decision.

 

  1. License

 

Gutrgoo gives you a personal, worldwide, limited, royalty-free, non-assignable, non-transferable, non-exclusive and revocable license to use the software provided to you by Gutrgoo as part of the Services. This license is only for the purpose of enabling you to use and enjoy the Services provided by us, in the manner permitted by these terms.

 

  1. Your Content in Our Services

 

 

  1. Monitoring of Content

 

 

  1. While Using Gutrgoo

 

You acknowledge and agree that:

 

 

  1. Privacy

 

At Gutrgoo, we take user privacy extremely seriously. You agree and acknowledge that you have read our Privacy Policy and you are bound by these terms and conditions and also conditions set out in our privacy policy. Authorized employees within the company on a “need to know” basis only shall use any information collected from individual Users for monitoring whether any breach of these terms and/or privacy policy is committed by the Users. We constantly review our systems and data to ensure the best possible service to our Users. We will investigate any such actions with a view to prosecuting and/or take civil and/ or criminal proceedings to recover damages against those responsible for breaching the privacy policy and/or these terms only to the extent where Gutrgoo will be personally responsible and/or liable and not to the extent where there is a conflict between the Users for passing any defamatory remarks, libel or slander or uploading any photos or videos, and you accept and agree to the same. For more information, read our Privacy Policy.

 

  1. Copyright

 

  1. Your Copyright Content:

  1. Other’s Copyright Content:

 

 

  1. Modification

 

 

  1. Disclaimer of Representations and Warranties

 

You specifically acknowledge and agree that your use of this site shall be at your own risk and that this site is provided on “as is” and “as available”. Gutrgoo, its officers, employees, and agents disclaim all warranties, statutory, express or implied. Gutrgoo’s officers, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or any content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and Gutrgoo assumes no liability or responsibility for the same.

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site.

 

  1. No Spam

 

It is agreed by you that Gutrgoo has right to immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

 

 

 

 

  1. Limitation of Liability

 

In no event shall Gutrgoo, its officers, employees, or agents be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from:

The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these terms and conditions or your use of this site.

 

  1. Confidentiality

 

You agreed that at Gutrgoo your records are regarded as confidential and therefore will not be divulged to any third party, save and except the Cyber Crime Department of India or any other appropriate authority under the Information Technology Act, 2000 (“the said Act”) if legally required to do so. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Gutrgoo will only be in connection with the provision of agreed services and products.

 

 

 

 

 

 

  1. Changes to Website, Software and Services

 

Gutrgoo reserves the right to:

 

  1. Links to Third Party Website's

 

Gutrgoo may include links to third party website's that are controlled and maintained by others. Any link to other website is not an endorsement of Gutrgoo and you acknowledge and agree that we are not responsible for the content or availability of any such sites. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. We advise you to evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. It is agreed by you that we will not be responsible for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

 

  1. Gutrgoo's Intellectual Property Rights

 

You acknowledge that Gutrgoo owns all right, title and interest in and to the Services, including all intellectual property rights (the “Gutrgoo Rights”). Gutrgoo’s Rights are protected by Indian intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services offered by Gutrgoo. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Site. As described immediately below, Gutrgoo’s Rights do not include third-party content used as part of the Services, including the content of communications appearing on the Services.


The Intellectual Property Rights in this website and the materials on or accessible via it belong to ‘Gutrgoo’ or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).


‘Gutrgoo’ and the Gutrgoo Logo are trademarks, which belong to ‘Gutrgoo’. and they may not be used, copied or reproduced in any way without written consent from ‘Gutrgoo’. For these purposes “Intellectual Property Rights” includes the following (wherever and whenever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, technical knowhow, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered) and registrations of and applications to register any of them.

 

  1. Log Files

 

IP addresses are not linked to personally identifiable information. The IP address is only used by Gutrgoo on “need to know” basis to administer the site, gather broad demographic information for aggregate use, analyse trends, track user’s movement and it is also used for detecting usage patterns and troubleshooting purposes and for systems administration. Our Web servers also automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. We do not use this information for any other reason except for the reason mentioned above. In the event we need to utilise this information other than the purpose mentioned above we shall take your prior written consent. However, we do not share this information with the third parties save and except in cases where the Cyber Law Department of India requires information of the IP address/s of any User under the Information Technology Act, 2000 or such other Act for the time being in force in India.

 

  1. Cookies

 

Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Kindly note that the cookies we use to retrieve user details in only for our functionality and “need to know” basis we do not part this information to any third parties save and except in cases where the Cyber Law Department of India requires any information of any User/s under the Information Technology Act, 2000 or such other Act for the time being in force in India.

 

  1. Indemnity

 

You agree to protect, defend, indemnify and hold harmless Gutrgoo and its officers, employees, and agents indemnified, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature whatsoever imposed upon or incurred by Gutrgoo directly or indirectly arising from:

 

  1. Severability

 

In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

 

  1. Applicable Law & Dispute

 

These Terms & Conditions, Privacy Policy and Fair User Policy will be governed by and construed in accordance with the laws of the India, without giving effect to its conflict of law provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Services provided by Gutrgoo will be brought solely in India and Courts in Mumbai alone shall have exclusive jurisdiction and you consent to the jurisdiction of such courts. 


Where Gutrgoo is accessed outside the territories of India, then if there is any breach of any of the terms of this agreement or privacy policy or Fair User Policy then also the agreement would be governed by the concerned law of India in respect to copyrights, trademark, patent, IT, Arbitration and any other law prevailing in India at the relevant time (“Indian law”) unless both the parties to these terms, in such circumstances accept the law of the country where the breach is committed. If either of the party to this agreement does not accept the law of the Country where breach is committed, then the disputes will be settled and/or governed by the Indian Law as prevailing at the relevant time. The agreement shall be accepted as duly executed in Mumbai, India as DigiLife Technologies Private Limited being one of the party executing the agreement in Mumbai, India. The Indian Law will apply in case of disputes or differences arising between the parties hereto are referring to Arbitration under the Indian Arbitration and Conciliation Act,1996.

 

  1. Headings

 

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

 

  1. Ending These Terms


You may end your legal agreement with DigiLife at any time by deactivating your accounts and discontinuing your use of the Services.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the DigiLife Rules, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services.  If you believe your account was terminated in error you can file an appeal to us.

 

  1. Entire Agreement

 

This terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions by Gutrgoo and you agree that you shall have no remedy on account of any misrepresentation, which has not been made expressly in this Agreement.