This User Policy sets out the terms between you and us under which you may access our website www.gizmoswala.com. This User Policy applies to all users of, visitors to, and members/customers who have registered on our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this User Policy, which supplement our terms and conditions for the use of our website.
www.gizmoswala.com is a site operated and maintained by NM Gaadlawala Ventures Pvt LTD (“we”, “us” or “Website”). We are Gizmoswala and having our registered address at Store No. 1, Prakash Roshan CHS, Sion Trombay Road, Chembur, Mumbai - 400071.
1. Prohibited uses:
You shall use our Website only for lawful purposes. You may not use our Website:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
In any way that (i) shall violate or is in violation of any applicable Anti-money Laundering Act (ii) has engaged or engages in any transaction, investment, undertaking or activity that conceals the identity, source or destination of the proceeds from any category of offenses designated in any applicable law, regulation or other measures.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of Website use.
Not to access without authority, interfere with, damage or disrupt:
Any part of our Website;
Any equipment or network on which our Website is stored;
Any software used in the provision of our Website; or
Any equipment or network or software owned or used by any third party.
2. Suspension and termination:
We will determine, in our discretion, whether there has been a breach of this User Policy through your use of our Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Immediate, temporary or permanent withdrawal of your right to use our Website.
ii. Immediate, temporary or permanent removal of any posting or submitting of comments or reviews uploaded by you to our Website.
Issue of a notice of warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
v. Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
You shall ensure that the account information provided by you in the Website's registration form is complete, accurate and up-to-date. Use of another user's account information for availing the services is expressly prohibited.
If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), the Website has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Website has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
We exclude liability for actions taken in response to breaches of this Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
3. User Website and User Content:
You agree that you will be solely responsible for any and all User Content in the form of your personal information (Name, Address, Date of Birth, Bank Account details, E-mail ID, Contact number, Gender) obtained by registering on our Website and purchasing products/items displayed on our Website. Specifically, you agree, represent and warrant that you are legally eligible to register and purchase/ use all the products/ items displayed on our Website and that it will not contravene any aspect of Our User Policy, detailed hereinabove.
Guest users/ Visitors: The Website also allows limited access to the services for unregistered users (also called as 'guest users/visitors'). Such users will be able to browse the Website and use the services for the purpose of purchasing products/items, and placing orders. However, you will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
Registered users/ Members: The Website makes certain sections of the services available to you only if you have provided this Website certain required user information and created an account and an ID through certain log-in ID and password
The Website may allow you to post certain content, data or information of your own such as allowing you to rate the products/items, post your comments, and reviews in relation to products/items on specific pages of the Website, as well as submit any suggestions, comments, or other information to the Review section on the Website (collectively referred to "User Content"). You, being the originator of the User Content ("Account"). You can create your Account on the Website through logging in and registering yourself with the Website to enjoy the benefits provided by the Website and avail the offers/ services therein. These benefits may change from time to time. Also, the benefits shall be limited to the Registered Users/ Members only and not to the Visitors.
You, are responsible for the User Content that you , post, , transmit or submit otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that the Website does not endorse any User Content and is not responsible or liable for any User Content. The Website reserves the right to disable access to the User Content on the Website.
e. You agree that you will be liable to Us and you will to the fullest extent permissible by law, indemnify us for any breach of the warranties given by you under this Clause. above. You will be responsible for any loss or damage suffered by Us as a result of such breach.
f. We may reject, reclassify, or remove any content created or uploaded using our Website where, in our sole opinion, such content violates our User Policy, or if we receive a complaint from a third party and determine that the content in question should be removed as a result.
4. Usage Policy:
I. You may only use Our Website in a manner that is lawful and that complies with the provisions of this Clause. Specifically:
a) You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
b) You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
c) You must not use Our Website in any way, or for any purpose, that is unlawful or fraudulent;
d) You must not use the Website for unauthorised mass-communications, commonly referred to as “spam” or “junk mail”;
e) You must not use the Website to knowingly send, transfer, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
f) You must not use Our Website in any way, or for any purpose, that is intended to harm any person or persons in any way.
g) In the event you register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Gizmoswala on firstname.lastname@example.org of any unauthorized use of your account information or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Gizmoswala_ cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for damages incurred by Gizmoswala or any other user or visitor to the Website due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.
The following types of User Content and/or User App are not permitted on Our Website and you must not create, submit, communicate, link to, or otherwise do anything that:
is sexually explicit;
is obscene, deliberately offensive, hateful, or otherwise inflammatory;
promotes or assists in any form of unlawful activity;
discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
is calculated or otherwise likely to deceive;
is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause);
implies any form of affiliation with Us where none actually exists;
infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade-marks and database rights) of any other party; or
is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
We reserve the right to suspend or terminate your Account / Registration / profile and/or your access to Our Website if you materially breach the provisions of this Clause or any of the other provisions of the Terms and Conditions. Specifically, We may take one or more of the following actions:
Suspend, whether temporarily or permanently, your Account / Registration / profile and/or your right to access Our Website (for more details regarding such cancellation, please refer to sub-Clause 2);
Remove any of your User Content and/or User App(s) (or any part thereof) which violates this Acceptable Usage Policy;
Issue you with a written warning;
Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
Take further legal action against you as appropriate;
Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
Any other actions which We deem reasonably appropriate (and lawful).
We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that we may take in response to breaches of the Terms and Conditions.
5. Changes to User Policy:
We may revise this User Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Policy may also be superseded by provisions or notices published elsewhere on our Website.
6. Problems with Our Website and Consumers’ Legal Rights