GRAVITYZIP SPORTS PRIVATE LIMITED
Last revised on: <<March 22, 2022>>
The following are the terms & conditions (“Terms”) for accessing and using Our website https://www.gravityzip.com/ (“Website”) to place orders for Indoor Skydiving activities and other services, (“Services”) sale of merchandise and other products (“Products”), and avail any other Services that We may offer from time to time on Our Website (Collectively “Services”).
GravityZip Sports Private Limited (“We”, “Us”, “Our” or “GravityZip”), which includes its successors or assigns) owns and operates the Website and offers the Services to its users (“User” “You” “Your”).
Please note that “We”, “Us”, “Our”, “User”, “You”, “Your” are not case-sensitive and even when not capitalized shall have the meanings attributed above.
In order to access some of the Services and place orders on the Website, You must register to create an Account (defined below). Prospective Users of the Website must provide (a) first and last name, (b) a valid email address, (c) Mobile number (d) valid residential address, (e) date of birth, and (f) sex if applicable (collectively referred as “Account Information”). Once You have provided Your complete and accurate information, We will generate an Account and a password for further use and access to Our Website and/or Services. GravityZip may also provide options through the Website to enable you to export your information, including User Content, to third party Websites. Some of the features may allow you to link your account on GravityZip with an account on the third party Website, such as Google or Facebook, or through providing third party buttons (viz., “share” or “link” buttons). If you register or log into your account through a third-party website such as face book or Google, GravityZip will have access to some of your information from such third party account as authorized by such third party account. By using such tools, you expressly agree that the information may be transferred between GravityZip and Third Party Websites. Please be informed that such Third Party Websites are not under our control and We are not responsible for their content, terms and conditions, privacy policies, etc., and You are advised to go through and acquaint yourself such aspects before using the tools in our website, leading to such Third Party Websites.
1.1 “Account” shall mean an account with Your Account Information that You create on Our Website to avail our Services or to purchase Our Products;
1.2 “Affiliates” means an individual or entity (whether now existing or hereafter created) that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, another person or entity;
1.3 “Business Days” shall mean a day (other than a Saturday or Sunday or an official public holiday in India) on which commercial banks are open for business in India;
1.4 “Intellectual Property” shall mean all copyrights, patents, trademarks, moral rights, service marks, logos, registered designs, domain and sub-domain names and utility models, inventions, brand names, database rights, software, know-how, programming (including source code) and business names and any similar rights of whatever nature situate in any country and the benefit (subject to the burden) of any of the foregoing (in each case whether registered or unregistered, whether now or hereinafter existing and including applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world);
1.5 “Flight” shall mean the duration of time you would spend in the wind tunnel. Each flight is of a 1-minute period.
1.6 “Law” or “Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, judgments, decrees, directives and orders of any governmental authority, tribunal, board, a court, in India or the State of Telangana, as the case may be;
1.7 “Login Credentials” shall refer to user id and password used by You to access Your Account on our Website;
1.8 “Person” includes an individual, partnership, corporation, company, Hindu undivided family, unincorporated organization or association, trust, Governmental Authority or any other entity, whether incorporated or not;
1.9 “Personal Information” shall mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person, which may include, but is not limited to, Your contact number, e mail id, residential address, driving license, gender, and other such details that We may require in order for You to book our Services or shop on Our Website;
1.10 “SPD” or “Sensitive Personal Data” shall have the meaning assigned to this term under the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”);
1.11 “Vendor” or “Seller” shall mean GravityZip providing its Services or products through GravityZip Website; and
1.12 “GravityZip Wallet Services” or “GravityZip Wallet” means the closed system pre-paid payment instrument issued by GravityZip to its Users.
2.1 In order to avail our Services or purchase any of the Products on Our Website, You will need to set up an Account and provide the Account Information.
2.2 You understand and agree that all the Account Information provided by You while setting up an Account is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by You is untrue, inaccurate, not current or incomplete, we shall not be responsible for any disruption in the provision of Services or delivery of the Products, including any of the other Services opted by You on Our Website and process any refunds, if applicable to You, .
2.3 You may delete your Account at any time, for any reason, by following the instructions on the Website. However, You must note that We reserve the right to retain Your Account Information in an anonymous form, and any other information provided on an “as-is” basis.
You represent and warrant that You are competent and eligible to enter into legally binding agreement and have the requisite authority to bind Us to this Agreement. You shall not use this Website or avail the Services if you are not competent to contract under the applicable Law.
4.1 You acknowledge and give Your full and unconditional consent to:
(a) Your Account Information being permanently retained on a computer database that shall be maintained, owned, and controlled by Us;
(b) Your Account Information being shared with any other Person that enters into a commercial relationship with Us;
(c) Your Account Information being shared in its original form, or as part of or aggregated form, with other Persons;
(d) Your Account Information being shared with Our partners, licensors and Affiliates;
(e) Receiving links to third-party websites and Services, and/or display advertisements from Persons, who have entered into a commercial relationship with Us (collectively, “Third-Party Links & Advertisements”); and
(f) Receive from Us telephone calls, text messages regarding our Services, including promotional calls and messages regarding our Services.
5.1 You are to note that pricing of Services/Products listed on Our Website are current rates. While every care has been taken to display the pricing of Services/Products accurately, errors in data entry and updation may occur. In such circumstances, we reserve the right to cancel the order in case a transaction has been made where the price indicated was not the correct price. In the rare event that happens, we will give a full refund of all money received from the customer as entailed in these Terms. Prices are subject to change without advance notice.
5.2 All prices on this Website are given in Indian Rupees. For international cards used on the Website, the banks’ applicable exchange rate and charges will apply. We have no jurisdiction on this and any disputes or queries on exchange rates and bank charges need to be directed to the bank or institution that issued your card or payment instrument.
5.3 All bookings/orders are acknowledged at current pricing, (assuming no discounts have been offered). However, subject to Clause 5.1, You are to note that in rare circumstances listed prices of certain Services/Products may be incorrectly priced. In such circumstances, the correct pricing for such Services/Products will be reflected at the time we raise an invoice or the check-out page on the Website. Consequently, in such circumstances, there may be price variance between the price displayed in the cart and at the final check-out page. In case we overcharge you, GravityZip shall duly refund the balance as entailed in these Terms. In case we undercharge You, we will inform You of the same, and You agree to pay the balance through a payment link sent by Us or through any other means identified by Us.
6.1 The Site uses third party gateways to process payments made on the Site. The following modes of payment are available:
(a) Credits Cards, Visa card, diners;
(b) Debit Cards-
(c) Net banking/Direct Debit payments from select banks in India. A full list is available at the time of Check Out and prior to making payments for availing Services/purchases;
(e) GravityZip Wallet; and
(f) Cash on delivery.
7.2 GravityZip Account/Wallet Services will be made available to you immediately after opening an Account with GravityZip on its Website.
7.3 Money gets added to Your GravityZip Wallet in any of the following modes:
(a) GravityZip may let you add money to or recharge your GravityZip Account/Wallet through online payment methods such as credit/debit card, net banking, UPI and such other modes as are reflected in Our payment page from time to time.
(b) When you cancel any booking of service/product on GravityZip Website, the refundable amount gets transferred to the GravityZip Wallet. Before booking any service/product at GravityZip Website, YOU ACKNOWLEDGE THE EXISTENCE OF CONDITION THAT THERE IS NO PROVISION FOR REFUND OF MONEY TO THE CUSTOMER and the refundable amount on account of cancellations is credited in the GravityZip Wallet in the form of wallet cash or vouchers which can be used for making future bookings of Services/purchases of Products on GravityZip Website.
(c) The value of GravityZip Gift Cards/Vouchers, can also be added in the GravityZip Wallet.
7.4 The GravityZip Wallet is maintained and facilitated for the purchase of Services and Products from GravityZip only. There is no provision for cash withdrawals or redemption from the GravityZip Wallet and also, the money cannot be used for payment or settlement for any third-party transactions/Services. Any outstanding credit in the GravityZip Wallet must be utilized only to make payments for bona fide booking of Services or Products on Our Website.
7.5 GravityZip Wallets are available only to persons who have attained the age of 18 years and are competent to contract.
7.6 GravityZip Wallets are not transferable.
7.7 In respect of Accounts/Wallet maintained by an individual for private/personal usage, the money that can exist in the Wallet at any given time is a maximum of Rs. 500,000/- which can be on account of refills, refunds or addition of value of gift cards/vouchers or a combination of any of such modes. GravityZip reserves the right to call upon you to utilize the amount in the Wallet if it is about to exceed/exceeds the said monetary limit. In respect of Accounts/Wallets which are generated/maintained for group/large scale bookings, the terms of maintenance of limits, time limits for utilization of the amounts lying in such Wallets, will be communicated separately by GravityZip to the said Wallet holder.
7.8 No interest will be payable by GravityZip on the available balance reflected in Your GravityZip Account/Wallet and no maintenance charges will be chargeable for maintaining the Wallet Services. However, the amount so lying in the Wallet can be used within two year from the date of it’s credit in the Wallet either through cash refill, or arising out of cancellations or adding value through gift vouchers/cards, and GravityZip shall notify at least one month in advance before such expiry date, advising the customer to utilize such amounts lying in the GravityZip Wallet.
7.9 Any value in your GravityZip Account/Wallet that is utilized towards making payments for any transaction shall be automatically debited from your GravityZip Wallet.
7.10 You need to protect your GravityZip Account/ GravityZip Wallet by taking all necessary precautions to avoid unauthorized access, by protecting your User ID, Passwords, etc.. GravityZip shall have no liability whatsoever, for any misuse or unauthorized use of your Account or Wallet, due to your lapses and/or any circumstances beyond the control of GravityZip.
8.1 For undertaking the Activities at GravityZip, a person (“Flier”) must be minimum Six (6) years of age. Women who are pregnant, persons with hard cast or prosthetic that cannot be removed, persons under the influence of alcohol or drugs are restricted from undertaking the said Activities. Persons having a history of neck, back or heart conditions, need to check with their doctor.
8.2 Persons who weigh above 120 kg may not be able to fly without evaluation conducted by the staff of GravityZip, and GravityZip reserves the right to deny the provision of Services to such individuals, based on its assessment of the risk both to the individual as well as to the Flying Instructors.
The Website facilitates the advance booking of slots for undertaking Indoor Skydiving activities and other Services offered by GravityZip. You are advised to strictly adhere to the instructions contained in the Booking Terms & Conditions displayed on purchase receipt/ticket with regard to reporting times, appropriate clothing, permissible physical/medical conditions, cancellations, refund policy, rescheduling of bookings, etc., before making any booking for Services or ordering Products on GravityZip Website. GravityZip shall take no responsibility or accept no liability whatsoever if You fail to adhere to the instructions contained in the said document.
When You cancel a booking for a Service on GravityZip, flight tickets used for the booking will go back into the wallet as is basis and showup as unused flights however if the amount qualified forrefund is less than the flight cost it will be credited to the GravityZip Wallet as voucher or wallet cash, which is linked to your Account created in the GravityZip Website. The said amount can be utilized for making future booking of Services or purchase of Products on GravityZip Website. The rates of Services or Products may change from time to time and for making fresh bookings from the GravityZip Wallet, the applicable rates at the time of making such fresh booking shall apply. When You have a credit in GravityZip and at the time of making a booking in future if the money in Wallet falls short, you can make part payment from the Wallet and balance amount can be paid through other available payment options. GravityZip cannot be held responsible for missed reservations as a result of any of the circumstances which are unconnected with or beyond the control of GravityZip.
While all endeavours are made to keep our equipment serviceable and all reservations are honored, the wind tunnel and associated equipment are mechanical devices which may come across unexpected maintenance issues. Without accepting any liability whatsoever in this respect, all possible endeavours will be made by GravityZip to notify the customers of such situations as early as practically possible and GravityZip shall make necessary arrangements for refund or rescheduling the booking based on availability of slots and customer preferences. While GravityZip will make every effort to reschedule the booking under the same terms wherever possible, however at times, the bookings may not be available and/or schedules are not feasible under such terms/prices/timings, in which case, GravityZip shall arrange to make refund of the booking amounts as entailed in these Terms. Further, except for providing refund/rescheduling the booking as above, GravityZip shall not be responsible for any other losses, direct or indirect, incurred by the Customers due to such unexpected maintenance issues.
13.1 Shipping and handling rates in respect of Products available on Website may vary based on product, packaging, size, volume, type and other considerations. The shipping and handling charges are given at the time of check out and You will know about this before making payments on our Website. In any case, We shall not be liable to you for any damages to the Products after delivery to You. We shall consider the order “delivery” failed in the following cases:
(a) Delivery not done due to wrong address;
(b) You are not available at Your address to accept delivery; and
(c) Your premises is locked.
13.2 In case of floods/bandh/heavy rains/lockdowns, etc., we reserve the right to reschedule the delivery to some other date. In case We are not able to deliver the Products ordered by You for reasons mentioned herein and in Clauses 13.1 (a) –(c) stated above, we shall keep you informed of the same.
13.3 Please note that the delivery timelines shall be indicated to You on Your check-out page. However, these times are indicative only. We may, in our sole discretion without explanation, choose to re-schedule the delivery to You. In any case, We shall not be liable to pay a late fee or incur any charge on account of delay in delivery timelines.
Our endeavor is to ensure that all Products listed on the Website are available in stock for dispatch to You at Your address. However, in case this in not available for any reason, we will contact you within 2 (two) Business Days and give you the option to select alternatives or cancel the order based on your convenience.
15.1 Upon placing Your order, You may cancel Your order within the time-frames mentioned on Our Website. If You cancel Your order within such time-frame, the eligible refund value, will be credited to your GravityZip Account/Wallet. However, based on the time-frames mentioned on Our Website, we may choose to deduct a portion of monies spent by You in placing such order, before crediting the remainder value in your GravityZip Wallet.
15.2 We take no responsibility for items signed by an alternative Person other than the person ordering the product at the address indicated at the time of the order. Since the transactions are authorized by the card holder, we do not take responsibility for incorrect addresses provided at the time of placing the order. You are to note that the delivery will NOT be redirected / redelivered to any other address in any circumstances. Further, You are to note that the Product will be delivered only in the city it is mentioned as “available” on this Website.
15.3 All claims for shortages or damages must be reported to customer service on the day of delivery through the “contact us” page on the Website. Also the said shortage of goods needs be highlighted and signed on the delivery challan copy and returned to the delivery person.
15.4 Subject to Clause 15.1, You may return a Product in case of damage or defect within 7 days of purchase.
15.5 You are to note that:
(a) Products can be returned or exchanged only if proof of purchase/original receipt is presented;
(b) The refund or exchange shall be subject to inspection and in case it is not approved, then no refund & exchange shall be initiated;
(c) The Product must be unused and in the same condition that you received it. It must also be in the original packaging; and
(d) We reserve the right to make changes to Our Return & Exchange Policy from time to time.
All Intellectual Property displayed in the Website and in the Services are proprietary property of GravityZip (“Proprietary Information”). You agree that the Proprietary Information shall not be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from GravityZip and nothing on this Website or Services shall be deemed to confer a license of or any other right, interest or title to or in any of the Intellectual Property rights of GravityZip to the User. Further, with respect to any Person’s Intellectual Property rights you recognize on our Website, You acknowledge that the ownership of all trademarks, copyright, logos, service marks and other Intellectual Property rights vested in such Person shall continue to vest with such Person and You are not permitted to use the same without the consent of the respective Person.
17.1 Whether You are a customer or are simply browsing the Website, once you have accessed the Website or Services, You shall be considered a ‘User’ for the purpose of these Terms. You are responsible for all your activities in connection with the use of the Website and/or Services. You hereby agree to fully comply with all applicable Law. You shall not resort to any unethical practices while using the Website.
17.2 You agree and acknowledge that You are hereby expressly prohibited to record or copy (for personal use or otherwise), including copying for redistribution, either the audio or video, through any medium, any of the content You see on Our Website, including Our Proprietary Information, look and feel and the design of Our Website. You agree not to do any of the following while using the Website and/or the Services:
(a) Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material or making available any of Your content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of anybody’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service;
(c) probe, scan, or test the vulnerability of any system or network of the Service;
(d) attempt to gain unauthorized access to the Service;
(e) Interfere with or disrupt the integrity or performance of the Service other service provider listed on the Website;
(f) Introduce viruses, trojan horses, worms, spyware, or other such malicious code into the Services;
(g) access, tamper with, or use non-public areas or parts of the shared areas of the Service you haven't been invited to;
(h) promote or advertise any other Products or Services on our Website;
(i) sell or re-sell any other service on our Website;
(j) copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of third-party Services not authorized by Us;
(k) remove or destroy any copyright notices or other proprietary markings contained on or in our Website;
(l) violate the Law in any way, including by storing, publishing or sharing material that is infringing, fraudulent, defamatory, misleading, or damaging to our Website;
(m) Coping, reproducing, distributing, republishing, downloading, displaying, posting or transmitting of any content in any form or by any means any part of the Service unless specifically authorized to do so;
(n) Removing or destroying any copyright notices or other proprietary markings contained on or in the Service;
(o) Stalking, intimidating and/or harassing another (or some other user) and/or inciting other to commit violence;
(p) You agree not to use the Website and/or its Services to collect, upload, create, transmit, display, or distribute the Account Information or any other information in any way such: (a) that it violates any third-party right, including any Intellectual Property rights or proprietary rights; or (b) that it is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (c) that it is hateful, violent, discriminatory, nude, partially nude, sexually suggestive, or pornographic;
(q) Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant Laws, regulations or code of practice;
(r) Interfering with any other Person’s use or enjoyment of the Website/Services;
(s) You will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing", “spoofing”, “hacking”, "pharming" or "whaling" message designed or intended to obtain password, account, personal information, confidential information or private information from any User of the Website/Services or any other third party whatsoever;
(t) Willful misrepresentation of Account Information;
(u) Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(v) Do anything that could disable, overburden, or impair the proper working or appearance of the Services, such as interference with page rendering or other Services’ functionality;
(w) Introduce into the Website, or any other of Our platforms facilitated for the purposes of rendering Services, any viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage, disrupt or interfere with the operation of the Website and/or another's computer or property;
(x) breach or otherwise circumvent any security or authentication measures;
(y) access, tamper with, or use non-public areas or parts of the Service, or shared areas of the Service you haven't been invited to;
(z) Send unsolicited communications, promotions or advertisements, or spam;
(aa) access, search, or create accounts for the Service by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
(bb) Misuse the Services in any manner, i.e. use of the Services in a manner not envisaged under these Terms;
(cc) Manipulate our payment refund and cancellation policy to do any act not expressly permitted in these Terms; and
(dd) Violating the Terms of Service including but not limited to any applicable additional terms of the Website contained herein or elsewhere.
18.1 Notwithstanding other legal remedies that may be available to GravityZip, GravityZip may in its sole discretion limit User activity by immediately suspending or terminating Your Account and/or refuse to provide You with access to the Website or the Services:
(b) If You use the Services as a means to exploit the price difference by placing orders for Services/Products in bulk on our Website, solely for the purpose of re-selling such Services/Products and make a profit;
(c) If You have provided wrong, inaccurate, incomplete or incorrect Account Information; and
(d) If Your actions may cause any harm, damage or loss to other users who access the Website or GravityZip.
19.1 You represent and warrant to Us at all times that:
(a) You are at least 18 years of age at the time of using the Website and/or Services.
(b) You shall not use the Website or any of the Services beyond the contemplated functionality of the Services.
(c) You shall not attempt to gain unauthorized access to the Website or any of the Services or any networks, servers or computer systems connected to the Website or Services.
(d) You shall not use the Website or any of the Services in a way that may damage or impair (i) the Website or the Services, or (ii) Our underlying systems and security.
(e) You shall not use the Website or any of the Services in any unlawful manner, or in a manner which promotes or encourages illegal activity, including (without limitation) copyright infringement or data theft.
(f) You shall not re-sell, in any medium, any part of the Website or Services.
(g) You shall not use any of our Proprietary Information, including the copyrighted content displayed on the Website for any personal or third-party gain, without Our express consent.
(h) You shall not modify, adapt, translate or reverse engineer any part of the Services (e.g., by creating a shadow site or Website that mirrors the said Services, or substantially mirrors said Services).
(i) You agree to promptly notify and bring to Our notice in the event Your Mobile Contact Number is in the Do Not Disturb/National Consumer Preference Register List of the Telecom Regulatory Authority of India (“TRAI”), immediately after the Primary Registration.
(j) You understand and acknowledge that any calls, text messages that You receive from Us on Your Mobile Contact Number are not unsolicited calls or messages.
20.1 You are responsible for maintaining the confidentiality of your Login Credentials and are fully responsible for all activities that occur under your Account (e.g., once logged in). You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of Your Account, or any other breach of security. Upon such notification from You, We may, at best, assist You to change Your password. Beyond assisting You to change Your password, We cannot offer any other assistance. In addition, We will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
20.2 You are responsible for notifying, intimating and communicating to Us, through Email, in the event Your contact number has been registered with the Do Not Disturb/National Consumer Preference Register List of TRAI, prior to availing any of Our Services. However, in no event shall GravityZip be liable for communicating with You on your mobile phone, and You hereby expressly waive Your right to bring an action against Us for sending information in connection with, or in relation to the Website/Services, including promotional content.
20.3 The content (including the Intellectual Property in such Content) on our Website may be owned by other Persons. You therefore agree that you won’t copy, reproduce, create derivative works of, decompile, upload, download, share, or otherwise exploit third party content unless you have the right to do so. We may review your conduct and content for compliance with these Terms and remove or suspend Your access to our Website, including Services at any time and without notice.
20.4 We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve civil damage. You understand that We have the right at all times to disclose any Account Information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
21.1 The rights granted to You in these Terms are subject to the following limitations: (a) except as otherwise authorized, You shall not license, sell, re-sell, lease, transfer, assign, distribute, exchange, host, or by any other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, deep-link, transmit or retransmit, make any derivative works of, or otherwise commercially exploit any (i) Content, (ii) Services, or (iii) the information (including Personal Information and Sensitive Personal Data) of Users available on the Website or through the Services; whether in whole or in part; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website, and Services, or the Personal Information of other Users, available on the Website; (c) You shall not access the Website and/or its Services, or the personal information of other Users, available on the Website, or through the Services, in order to build a similar or competitive website, app, product, or service; and (d) except as expressly stated herein, no part of the Website, and/or its Service, or the personal information of other Users, available on the Website, may be copied, reproduced, distributed, republished, indexed, framed, downloaded, linked, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website must be retained on all copies thereof.
21.2 Acceptable Use Policy: The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Website and/or its Services to collect, upload, create, transmit, display, or distribute the Account Information or Other Information in any way such: (i) that it violates any third-party right, including any copyright, trademark, patent, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) that it is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (iii) that it is hateful, violent, discriminatory, defamatory, racially or ethnically objectionable, unlawful, obscene, sexually suggestive, or pornographic.
(b) In addition, You agree not to: (i) display, upload, modify, transmit, publish, or distribute to, or through, the Website any computer viruses, worms, or any software codes, files or programs, intended to damage, limit or alter a computer system, computer network, or data, and/or gain unauthorized access to a computer or computer network; (ii) manipulate the Website to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) manipulate the Website to harvest, collect, gather, or assemble information or data, including Personal Information or Sensitive Personal Data regarding any other users or individuals, including their e-mail addresses, with or without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website or the data hosted within the Website, or violate the regulations, policies, restrictions or procedures of such networks; (v) attempt to gain unauthorized access to a third party’s information on the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Website and/or it Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website.
(c) We reserve the right, at any time, to modify, suspend, or discontinue the Website (in whole, or in part) or its Services (in whole, or in part) with or without notice to You. You agree that We will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Website or its Services, or any part of the Website or its Services thereof.
21.3 No Support or Maintenance: If You have any questions, complaints or claims with respect to the Website, Content and/or Services, then such correspondence should be directed to:
21.4 Ownership: Excluding Your Account Information, You understand and acknowledge that GravityZip shall own all rights, title, including all Intellectual Property rights to the Website, Product listings and Services. It is clarified that these Terms do not transfer to You or any third party any rights, title or interests in, or to such, Intellectual Property rights, except for the limited license that is required to view/use the Website, Content and Services per the Agreement.
22.1 Risks: You represent and warrant that the Account Information, or any other information, whether personal or sensitive, provided to Us (“Other Information”) does not violate Our ‘Acceptable Use Policy’ clause above. You may not represent or imply to any person or entity, in any way whatsoever, that the Account Information or Other Information that You provide Us with is sponsored or endorsed by Us in any manner. Because You alone are responsible for Your Account Information and the Other Information that You provide Us with. You may expose Yourself to liability if, for example, the Account Information or Other Information violates the ‘Acceptable Use Policy’ clause. You must note that We are not obligated to create a backup copy of Your Account Information or Other Information that You provide Us with; We will not be held liable or responsible for the deletion of the Account Information or any Other Information that You provide Us with.
22.2 Enforcement: We reserve the right to review Your Account Information or any other information from time to time, and to investigate and/or take appropriate action against You if you violate the ‘Acceptable Use Policy’ clause, or any other provision of these Terms, or otherwise create liability for Us or any other Person, in Our sole discretion. Such action may include (i) removing or modifying Your profile, (ii) terminating Your profile in accordance with the ‘Term and Termination clause’, and/or (iii) reporting You to, and cooperative with, law enforcement authorities.
We welcome Your comments about your experiences in availing Services/Products from us and your suggestions about how to improve our Website. Any comments, ideas, suggestions, initiation, or any other content You contribute to Us or on our Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that You own or otherwise control all of the rights to the content that You contribute to this site and that use of Your content by Us will not infringe upon or violate the rights of any Person.
SUBJECT TO APPLICABLE LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE GRAVITYZIP AND GRAVITYZIP AFFILIATES FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE, THAT ARISES OR HAS ARISEN, DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE WEBSITE AND/OR ITS SERVICES (INCLUDING ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER USERS, OR ANY THIRD-PARTY LINKS). FURTHER, IF YOU HAVE A DISPUTE WITH ONE OR MORE USER(S), YOU FOREVER RELEASE GRAVITYZIP AND GRAVITYZIP AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OF THE WEBSITE, APP AND/OR THE SERVICES AND/OR ANY CONTENT.
26.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GRAVITYZIP AND/OR GRAVITYZIP AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS OR LOST/STOLEN DATA ARISING FROM, OR RELATING TO, THE TERMS; OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICES AND/OR SUBMITTED CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACCESS TO, AND USE OF, THE WEBSITE, SERVICES AND THE CONTENT IS AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, INCLUDING YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF ANY DATA, INCLUDING ACCOUNT INFORMATION, RESULTING THEREFROM. THE FOREGOING LIMILITATION OF LIABILITY SHALL WEBSITELY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EXTENT.
26.2 NOTWITHSTANDING ANYTHING STATED HEREIN, ALL EXCLUSIONS IN THIS LIMITATION OF LIABILITY CLAUSE SHALL BE APPLICABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW (E.G., SOME JURISDICTIONS MAY NOT PERMIT EXCLUSION OF LIABILITY FOR FRAUDULENT MISREPRESENTATION).
27.1 The Website is provided on an “as-is” and “as-available” basis, and, the images, illustrations, video clips (“Illustrations”) are only indicative, and we offer no assurances that the Services /Products ordered by You shall be similar to the Illustrations. We expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Website will meet Your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, legal, safe, or free of viruses or any other harmful code.
27.2 By accepting these Terms, You acknowledge and agree that there are no fiduciary duties or obligations between You and Us.
(a) We will not be liable to You (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
(b) to the extent that the Website is provided free-of-charge, for any direct loss;
(c) for any indirect, special or consequential loss; or
(d) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
28.1 Subject to this ‘Term and Termination clause’, these Terms will remain in full force and effect while You use the Website, and/or any of its Services, in any way whatsoever.
28.2 We may suspend or terminate Your rights to use the Website (including Your Account) at any time and for any reason, at Our sole discretion, including for any use of the Website and/or its Services in violation of these Terms.
28.3 Upon termination of Your rights under these Terms, Your Account and right to access and use the Website and/or its Services, will terminate immediately. You understand that any termination of Your Account may involve deletion of the Account Information and any other Information associated with Your Profile from all Our databases. We will not have any liability whatsoever to You for any termination of Your rights under these Terms, including for termination of Your Profile.
29.1 Electronic Communications: You (a) consent to receive communications from Us in an electronic form; (b) agree that all Terms and conditions, agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing; and (c) consent to receive communication, in connection with, or in relation to the Website/Services including but not limited to information regarding new Products, subscriptions, promotional content etc.
29.3 Waiver: Any waiver of Our rights or remedy under these Terms shall only be effective if it is in writing, executed by Our duly authorized representative, and shall be applicable only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right, or remedy, or other rights or remedies.
29.4 Headings and Interpretation: The section titles in these Terms are for convenience only and have no legal or contractual effect. The words “including” and “includes” means “including without limitation”.
29.5 Severability: The provision(s) of these Terms shall be sought to be harmoniously interpreted with each other, as well as applicable Laws and upheld to the fullest extent permissible under applicable Laws. Further, the provisions contained in this Agreement shall be enforceable independent of each other, and their validity shall not be affected, if any other provision(s) are held to be invalid. If any provision(s) of these Terms are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired (to the maximum extent permissible), and the invalid or unenforceable provision(s) will be deemed modified so that they are valid and enforceable to the maximum extent permitted by applicable Laws. Further, if any of those provision(s) are void, but would be valid if some part of the provision(s) were deleted, the provision(s) in question shall apply with such modification as may be necessary to make them valid.
29.6 Relationship between you and us: You confirm that You do not have an employment, contractor, agency or partnership relationship with GravityZip. GravityZip is merely providing You the Services on your request. Further, You are acting on either on Your own or on behalf of another in the manner stated in the Agreement.
29.7 Assignment: These Terms, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. However, You acknowledge and agree that We reserve the right to freely assign Our rights and obligations under these Terms to whomsoever We please. The Terms and conditions set forth in these Terms shall be binding upon assignees.
29.8 Governing Law and Jurisdiction: These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Laws prevalent in India. You agree that the courts of Hyderabad (Telangana State, India) shall have exclusive jurisdiction to settle any dispute, or claim, arising out of, or in relation to, these Terms.
29.9 Contact Information: If You wish to contact Us in writing, or if these Terms require You to give notice to Us in writing, please contact Us at firstname.lastname@example.org