These terms of use ("Terms of Use") shall mandate the terms on the users
("You"
or "Your" or "Yourself" or "User(s)" ) of the application and website interested in
availing the
Services provided by Gubbins and accessing the website www.gub-bins.in and the
mobile
application owned and operated by Vesure Technologies Private Limited Company by the
name
of
"Gubbins" collectively referred to as the "Platform" This page is
to be read along with
the
Privacy policy of the Platform (“Gubbins'', “We”, “Us”, “Our”) provide their
services
(“Services”) on the Platforms on the Terms. These Terms become effective on any
person accessing
or using any of the Platforms or availing the Services offered by Gubbins.
Please read the Terms of Use carefully before using the Platform or registering
on the Platform or accessing any material or information through the Platform. By clicking on
the "I Accept" button, You accept these Terms of Use and agree to be legally bound
by the same.
Use of and access to the Platform is offered to You upon the condition of acceptance of all the
terms, conditions, and notices contained in this Terms of Use and Privacy Policy, along with any
modifications made by Gubbins shall be at the sole discretion of the Platform.
You will be subject to the terms of use, guidelines, and policies applicable to
such service provided on the Platform as outlined in these Terms of Use. As long as you comply
with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited
privilege to enter and use our Platforms and services.
1. Registration and Account Information:
- You shall be permitted to access the Platform, avail of Our Services provided on
the
Platform only upon creating an Account (defined hereunder) and obtaining registration on the
Platform. You can continue to use Our Services as long as You are the User.
- Details shall include your personal information including your name, contact
details, valid
phone number while registering on the Platform.
- Alternative registration can be routed through Your account on Google or Facebook.
- As a part of the registration, You are required to verify by providing personal
information
to set up the account on the Platform.
- Gubbins shall have the right to display the information provided by You. By entering
details
you agree and accept that such information is true and accurate and Gubbins shall not be
responsible for any inaccuracy or incompleteness of the information provided by You.
- If You provide any information that is untrue, inaccurate, not current, or
incomplete and
such is brought before knowledge to Gubbins after the inspection on reasonable grounds to
suspect that such information is untrue, inaccurate, not current, or incomplete, Gubbins
shall reserve the right to suspend or terminate Your Account and refuse any current or
future use of the Platform (or any part thereof) at any time.
- By registering on the platform you agree and accept any communications made by
Gubbins via
mail, SMS, Phone calls for service updates and delivery status while availing of Services.
If you wish to terminate any such communications, please contact grievances@gub-bins.in
or
9910007992.
- You shall not disclose Your account information to any person. Any unauthorized use
shall be
immediately notified to Gubbins at grievances@gub-bins.in. However, any loss
incurred by any such breach of account information shall not make Gubbins liable.
2. Gubbins Services
- Gubbins provides you with the services as mentioned herein under (“Gubbins
Services”)
- It shall allow Users to connect with Merchants and Delivery Partner for every
order placed.
- It shall allow you to view and select any item(s) which shall be listed on the
Platform by the Tied up Merchants wherein you have the option to purchase any item and get
the
same delivered through our Delivery Partners.
- It shall also allow you to buy any item from Non- tied up merchants, wherein you
shall only be
availing the Delivery Services.
- It shall allow you to pick up and drop from one location to the other on Gubbins
Platform wherein you shall be assigned a Delivery Partner.
- It shall allow the User to avail Gubbins Labelled tamper proof bag for Delivery
- Once the delivery service have been completed or delivered, you shall be duly
notified.
- Gubbins Services, may at its absolute sole discretion, add, modify, upgrade, extend,
withdraw or alienate any of the Gubbins Services as listed above from time to time as per
Company’s
Discretion.
- Gubbins shall not be responsible for the loss or damage of Goods if such is already
damaged, broken, or unfit for transportation to the Delivery Partner.
- Delivery Partner shall not conduct any checks of the Goods delivered during
Services.it is the User’s responsibility to ensure that the Goods are packed properly in the
Tamperproof delivery bag. If in any circumstance, the Delivery Partner seals or handles the bag
as
per the instructions provided by the Sender/User, It shall not make the Delivery Partner liable
for
damage to the Goods
- Users agree and acknowledge that the Gubbins Platform acts as a facilitator between
You, Merchants
and the Delivery Partners (as the case may be) and Gubbins only provides You with access to the
Platform to connect with Merchants and Delivery Partners for You to initiate transactions on the
Platform. You hereby agree and acknowledge that Gubbins will not be a party to any of the
transactions that are initiated by You through the Platform and Gubbins shall not be liable in
any
manner or incur any liability with respect to the services performed by the Merchants or the
Delivery Partners, as the case may be. Further, You hereby agree and acknowledge that Gubbins
shall
not be liable for the conduct, acts and omissions of the Merchants (including their employees
and
consultants) and Delivery Partners in the course of providing their services to You, or for any
loss
or damage to the Item or otherwise caused to You as a consequence of or in relation to the
services
being provided to You by the Merchants or the Delivery Partner, as the case may be.
- In case of Purchase Services, it is the duty of the Tied-Up Merchants to share the
updated Item list
along with its prices on the Platform. Gubbins shall not be responsible for any inaccurate Item
listing on the Platform. Further, You hereby agree and acknowledge that for certain Items (Items
that are perishable in nature or Item whose price varies periodically), it may not be possible
for
the Tied-Up Merchants to list out the exact price or prices of such Items on the Platform. The
above
shall also be applicable to the provision of Purchase Services. In such cases, the Delivery
Partner
upon reaching the Merchant outlet shall intimate You about the Item price and You shall be
required
to confirm the purchase of the Item and you shall make the payment for the same to complete the
transaction, however if You do not confirm the purchase of the Item and do not make payment for
the
Item, You shall pay such fees as may be communicated to You on the Platform for the efforts of
the
Delivery Partner.
- You shall not initiate any transaction for any Item on the Platform which is
illegal, immoral,
unethical, unlawful, unsafe, contains harmful substance and is in violation of this Terms of Use
and
applicable laws. You specifically agree that You shall not initiate any transaction on the
Platform
for the purchase or delivery of any alcoholic beverages, narcotic drug or psychotropic
substance,
etc. Further, You hereby acknowledge and agree that Gubbins shall not be liable for any
indirect,
direct damage or loss, cost, expense incurred by You in relation to the transactions initiated
by
You on the Platform.
- Gubbins shall provide updates on the status of delivery via
SMS/Whatsapp/Email/Application and the map as shown on the Platform after the initiation of the
transaction. Additionally, the Recipient/Sender may be able to track the movement of your Goods
through the live-tracking facility available on the Application or otherwise through services
provided to Gubbins by third-parties. Though live-tracking may be reliable, it is also prone to
inaccuracies due to network issues. Gubbins does not give any assurance concerning the accuracy
of
the live-tracking system available on the Application.
- It is also pointed out that Gubbins does not store delivery items from pickup to
delivery location
at any point, however, it reserves the right to pick up multiple items along the way and
consequently storing goods for delivery transiently without any tampering, or transferring Goods
across Delivery Partners at its sole discretion which shall be considered as a part of the
Service
by the Platform and agreeing to these Terms shall explicitly give Gubbins the right to
transiently
store delivery items as well as transfer delivery items across Delivery Partner without inducing
any
additional liability.
- By giving us the Goods in the tamper-proof delivery bag or otherwise, you hereby
appoint us as your agent for the delivery of the Goods to the Recipient.
- In some instances, local authorities may require additional documentation for
confirming our delivery. You hereby agree that Your confirmation and agreement to these Terms
are
the confirmation of Our appointment as Your agent for the limited purpose as set forth above.
- You hereby acknowledge that Gubbins shall not be liable for any damages of any kind
arising from Your use of the Gubbins Services including, but not limited to direct, indirect,
incidental, punitive, and consequential damages.
- Gubbins shall be entitled at any time without giving any reason terminate Your
request for any Gubbins Services.
- You hereby agree that Gubbins shall not be liable for any conduct or misbehaviour or
actions of Delivery Partner with respect to any transactions initiated on the Platform. Further,
You
agree that Gubbins has no control over the Items provided to You by the Merchants and therefore,
Gubbins shall not incur any liability with respect to such Items. However, keeping in mind the
interests of the Users, We have informed our Merchants to ensure that Items are packaged
properly to
avoid any form of spillage or damage to the Item or any issues related to packaging.
- You hereby agree that scheduling and rescheduling a transaction on the Platform
depends upon the availability of Delivery Partners around Your area at the time of such
scheduling
and re-scheduling a transaction. Should You choose to reschedule a transaction on the Platform
at a
later point of time, You shall cancel the current transaction on the Platform (if initiated) and
initiate a new transaction on the Platform, as per Your convenient time.
- . If a transaction initiated by You on the Platform cannot be completed, Gubbins
shall notify You on the platform.
- You agree to provide as much information as possible on the Platform with respect to
the Items/services You wish to purchase/avail, using the Platform.
- We can’t fulfil any tasks which are immoral or unlawful in nature. Gubbins reserves
the right to refuse to perform any tasks on the grounds of such tasks being
immoral/unethical/unlawful/banned either by Gubbins internal policies or as per the independent
discretion of Gubbins. Gubbins may also refuse to perform any task on the grounds that such task
is
prohibited under any contract to which we are party.
- Gubbins is not a seller and shall to be responsible for the quality, quantity or
items sold by the Merchants (Tied/ Non- Tied). Accordingly, in the event of grievance arising
from
any such transaction, you may contact Gubbins for routing your grievance.
- You hereby acknowledge that if You have any complaint with respect to the Gubbins
Services, You will first inform Gubbins in writing within 24 (twenty four) hours of using such
Gubbins Services
- If a transaction initiated by You on the Platform cannot be completed, Gubbins
shall notify You on the Platform.
- You agree to provide as much information as possible on the Platform with
respect to the Items/services You wish to purchase/avail, using the Platform
* GUBBINS MAY REFUSE THE TRANSACTION AT ANY TIME AT ITS SOLE
DISCRETION.
Gubbins does not detain without any valid reasons and we promise to deliver the
Goods without tampering and within the timeframe.
- We shall not be liable in case of delay or cancellation or non-delivery due to force
majeure occurrence.
- When the User is in breach of these Terms.
- If the Recipient for any reason(s) is unavailable to collect the Goods, or if a
valid OTP is
not entered at the time of delivery, we will return the Goods to the Sender or the User,
towards which the User shall have to pay such additional fee as may be applicable.
- If there is no claim of withheld Goods after the completion of the transaction
and the
recipient is unavailable/ has provided wrong OTP/ canceled before delivery of goods/ it
shall be withheld in Our office. And if it goes beyond 10 days, the Gubbins shall have the
rights over the withheld Goods to use, sell or modify.
- If there is no claim of withheld Perishable/Consumable Goods after the
completion of the
transaction and the recipient is unavailable/has provided wrong OTP/ Canceled before
delivery of goods. It shall be withheld in Our office, if it goes beyond 3 days. The Gubbins
shall have the rights to whatever it deems fit for such Goods.
3. Additional Charge, Cancellation, and Refund
- Gubbins shall confirm and initiate the execution of the transaction initiated
by You after receiving the confirmation. If the User cancels the transaction by clicking the
cancel option on the platform. It is to be noted that a cancellation fee may be levied if the
transaction has been under process by Gubbins with respect to the work initiated.
- In case the User modifies the terms of transactions that may include the size
of delivery, pickup or drop location, or any such modification, an additional charge may be
levied on the transaction.
- In cases where delivery is almost completed and the cancellation request has been
initiated by the User. Additional charge shall be levied to the User which shall be shown as due
on
the
platform.
- Gubbins may also cancel the transaction initiated by You on the Platform, if:
- The designated address to outside the deliverable limits as mentioned on the
Platform.
- Failure to communicate with the User/Sender by Gubbins agents.
- The transaction involves supply/delivery/purchase of any material good that is
illegal,
offensive, comes under the list of restricted items( mentioned below), or breaches any of
the terms of Service mentioned by Gubbins.
- If the transaction involves the purchase of medicines that requires a medical
prescription and such prescription has not been provided to the Rider.
- Information, instructions, and authorizations provided by You is not complete or
sufficient to execute the transaction initiated by You on the Platform.
- If Gubbins is not available to perform the services, as may be requested.
- If any Item for which You have initiated the transaction is not in stock at the
location.
- If the transaction cannot be completed for reasons beyond the control of
Gubbins.
- In the event of cancellation and there has been no call back of the goods by
the User, such property shall be retained at Gubbins office. And if not called by the User
within 10 days, it shall become Gubbins property.
- You shall only be able to claim refunds for transactions initiated by You only
if You have chosen the pre-payment of the transaction. Subject to Gubbins refund policy and in
accordance therein, You shall be eligible to get the refund in the following circumstances: The
limit of refund shall be based on the delivery charges and Gubbins shall fix the final refund
amount as per its discretion.
- Your package has been tampered with or damaged at the time of delivery, as
determined by
Gubbins basis the parameters established by Gubbins in its sole discretion.
- If the wrong item has been delivered to You, which does not match with the Item
for which
You had initiated a transaction on the Platform.
- Gubbins does not deliver the Goods for the reason of it being beyond Our
service as
provided under the terms of Use.
- The User agrees and accepts that the contents of the package is legal and
complies with the terms of Use mentioned by Gubbins. Such contents shall not include any article
that is restricted and/or, banned and/or dangerous and/or prohibited for delivery.
- List of Restricted shall include but not limited to:
- Radio-active, explosives, corrosive or flammable substances.
- Hazardous chemicals, explosives, firearms or parts thereof,
- Ammunition, firecrackers, cyanides, precipitates,
- Gold and silver ore, bullion, precious metals and stones, jewelry, semi-precious
stones
including commercial carbons or industrial diamonds, currency (paper or coin) of any
nationality, securities (including stocks and bonds, share certificates, and blank signed
share transfer forms)
- Coupons, stamps, negotiable instruments in bearer form, cashier's cheques,
travelers’
cheques
- Money orders
- Passports
- Credit/debit/ATM cards
- Antiques
- Works of art
- Lottery tickets and gambling devices
- Livestock, fish, insects, animals, plants, and plant material
- Human corpses, organs or body parts, blood, urine, and other liquid diagnostic
specimens
- Hazardous or bio-medical waste
- Wet ice
- Pornographic materials, contraband, bottled alcoholic beverages
- Any intoxicant or narcotics and psychotropic substances or any other prohibited
material or
material for the transportation of which specific authorization/license is required under
applicable laws).
- You also agree that and are aware by making Us Your agent, any such commission
of the offense by You with or without intention, Gubbins agent shall not be responsible and may
report such information with a reasonable ground of knowledge of any such offense, to the Law
enforcement authorities or Gubbins.
- You hereby agree and accept that any offers made by Gubbins is solely at Our
discretion and does not extend any entitlement to You. You shall read the terms and conditions
of the Offers carefully before availing them.
4. Payment Terms
- Purchase of Gubbins Services- While initiation a transaction for purchase of
Gubbins services You shall pay for the price of the Items You require the Delivery Partners to
deliver to You from the Tied Up Merchant. The transaction for the Purchase Service will be
initiated
on the Platform once You have completed the payment for the same on the Platform. In certain
exceptional circumstances, if the purchase price of the Item is not available on the Platform,
You
shall be required to pay the purchase price of the Item, through the Platform, as may be
communicated to You by the Delivery Partner, prior to the Delivery Partner undertaking Purchase
Service.
- Delivery Partner Services- While availing Delivery Service, You shall pay the
purchase price of the Item through the Platform, as may be communicated to You by the Delivery
Partner on behalf of the Non- Tied up Merchant. Only upon processing such agreed amount via
Platform, shall the Delivery Partner purchase the Item on Your behalf.
- Pick up and Drop service- Gubbins shall charge a standard price which is
based on
the distance between the pick-up and drop location, size of the deliverable, and ancillary costs
as
required or requested by the User Fees are charged as per the transaction and will be informed
prior
to initiation of the transaction which will be informed to the User.
- If the dues are unable to be cleared after the delivery of Goods, the User will have
to
clear the dues to avail Gubbins service for another transaction.
- In the event of any change in specifications/details of delivery with respect to the
delivery such as the size of the delivery item, change in delivery location, change in pick
up location, or unusual wait time during pick up or delivery, Gubbins may levy an additional
charge which shall be added to the subsequent invoice of the User and sent to the User.
- Gubbins shall provide an E-copy of the Invoices of the transaction. Which shall be
sent to
your registered mail address.
5. Eligibility of the User
- Gubbins Services are not available to minors (unless under parental or Legal
guardian’s
guidance) or any Users if the account has been suspended or removed by the Platform from
accessing the Platform for any reason whatsoever. You represent that the User is of Legal
age competent to avail services.
- Gubbins User account if created for minors, it shall be assumed that such activity
is under
legal/guardian’s guidance.
- Gubbins shall reserve the right to suspend or terminate as per its sole discretion.
- You shall only have one active Registered User on the Platform.
- Users are prohibited from selling, impersonating, or creating accounts on the
Platform.
6. Representations and Warranties
- Subject to compliance with the Terms of Use, Gubbins grants You a non-exclusive,
limited
privilege to access and use this Platform and avail of services delivered by Gubbins.
- User agrees and acknowledges the following
- You agree that Terms of Use shall be binding.
- The Use shall be in accordance with any applicable law, regulation, or generally
accepted practices or guidelines.
- You agree not to engage in activities that may adversely affect the use of the
Platform by Gubbins
- You represent and warrant that You have not received any notice from any third
party
or any governmental authority and no litigation is pending against You in any court
of law, which prevents You from accessing the Platform and/or availing the Gubbins
Services.
- You represent and warrant that You are legally authorized to view and access the
Platform and avail the Gubbins Services.
- You agree not to access (or attempt to access) the Platform by any means other
than
through the interface that is provided by Us. You shall not use any portal that is
not a portion of Gubbins Platform.
- You acknowledge and agree that by accessing or using the Platform, You may be
exposed to content from others that You may consider offensive, indecent, or
otherwise objectionable. Gubbins shall not be responsible for the liabilities
arising in relation to such offensive content on the Platform.
- You agree and acknowledge that the use of the Gubbins services is at Your own
risk.
- Without prejudice to the above, Gubbins makes no representation or warranty that
the
Gubbins Services will meet Your requirements.
- Furthermore, User shall not but not limited to:
- defame, abuse, harass, threaten or otherwise breach the legal rights of
other Users;
- Publish any material that is objectionable, obscene, or offensive;
- Distribute or prints any of the Gubbins property;
- conduct or forward surveys, contests, pyramid schemes, or chain letters;
- Upload Intellectual Property Infringing material.
- Engage in any disruptive activity which can damage the other User’s account
such as
distributing computer virus.
- Attempt to gain unauthorized access to any portion or feature of the
Platform, any
other systems or networks connected to the Platform, to any of the servers on
Gubbin’s Platform;
- collect or store data about other Users, riders, or Gubbins agents which is
prohibited;
- use any device or software to interfere or attempt to interfere with the
proper
working of the Platform or any transaction being conducted on the Platform, or with
any other person’s use of the Platform;
- Use the Platform or any material or Gubbins Property for any purpose that is
unlawful or prohibited by these Terms of Use, or to solicit the performance of any
illegal activity or other activity which infringes the rights of the Company or
other third parties;
- Illegal acts like impersonation of any other User, Merchant, Delivery
Partner or
person;
- violate any applicable laws or regulations for the time being in force
within or
outside India or anyone’s right to privacy or personality;
- violate the Terms of Use contained herein or elsewhere;
- threatens the unity, integrity, defence, security or sovereignty of India,
friendly
relation with foreign states, or public order or causes incitement to the commission
of any cognizable offense or prevents investigation of any offense or is insulting
for any other nation; and
- reverse engineer, modify, copy, distribute, transmit, display, perform,
reproduce,
publish, license, create derivative works from, transfer, or sell any information or
software obtained from the Platform.
7. Intellectual Property Rights
- The Platform and the process, and their selection and arrangement, including but not
limited
to, all text, videos, graphics, user interfaces, visual interfaces, sounds, and music (if
any), artwork, algorithm and computer code (and any combination thereof), except any third
party software available on the Platform, is owned by Gubbins ("Gubbins Property") and the
design, structure, selection, coordination, expression, look and feel and arrangement of
such Gubbins Property is protected by Intellectual property rights. You are not permitted to
use Gubbins Property without the prior written consent of Gubbins.
- The trademarks, logos, and service marks displayed on the Platform ("Marks") are the
property of Gubbins, except for any trademark, logos, and service marks of third parties
available on the Platform. You are not permitted to use the Marks without the prior consent
of Gubbins or such third party as may be applicable.
8. Warranties & Liabilities
You expressly understand and agree that to the maximum extent permitted by applicable law:
- Gubbins Services are provided on an “as is” basis without any kinds of warranty
express,
implied, statutory, or otherwise, including the implied warranties of title,
non-infringement, merchantability, or fitness for a particular purpose.
- Gubbins makes no warranty that the delivery service will meet your requirements or
the
transaction will be error-free, timely, and secure.
- Gubbins is not responsible for the quality of the services.
- Gubbins shall not create any warranty by the advice of the Users
- Gubbins shall not be responsible for the loss that may incur due to unauthorized use
of the
account.
- Gubbins shall have no liability that may arise due to infringement of intellectual
property
rights, libel, privacy, publicity, obscenity, or other laws. Gubbins also disclaims all
liability with respect to the misuse, loss, modification, or unavailability of any User
content.
- Gubbins shall not be responsible for any delay or inability to use the Platform,
Gubbins
Services or related functionalities, the provision of or failure to provide functionalities,
or for any information, software, functionalities and related graphics obtained through the
Platform, or otherwise arising out of the use of the Platform, based on compliances.
- Gubbins shall not be responsible for the non-availability during the periodic
maintenance,
unplanned suspension of access, or any technical glitches on the Platform
- You understand and agree that any material or data downloaded or otherwise obtained
through
the Platform is done entirely at Your own discretion and risk and that You will be solely
responsible for any damage to Your computer systems or loss of data that results from the
download of such material or data.
9. Indemnification and Limitation of Liability
- You agree to indemnify, defend and hold Gubbins harmless and its affiliates
including but
not limited to its officers, directors, consultants, agents, and employees (“Gubbins
Agents”)from and against any losses, liabilities, claims, damages, demands, costs, and
expenses (including legal fees and costs in connection therewith and interest chargeable
thereon) asserted against or incurred by Gubbins and its agents that arise out of, result
from, or may be payable by virtue of, any breach or non-performance of any obligation,
covenant, representation or warranty by You according to these Terms of Use
- You agree to hold the Gubbins Agents harmless against any claims made by any
third
party due
to, or arising out of, or in connection with Your use of the Platform. Any misrepresentation
with respect to the data or information provided by You in relation to the Account, Your
breach of the Terms of Use, or Your violation of any rights of another, including any
intellectual property rights shall not be the responsibility of Our Platform.
- Your indemnification shall survive the Termination of the Account.
- Subject to applicable laws, in no event will Gubbins or its employees aggregate
liability
exceed the delivery or its employees aggregate liability, arising from or related to the
Gubbins Services or the use of the Platform shall not exceed 10 times the delivery fees
charged for each transaction in case of damaged goods, if delivered by Gubbins. (for which
Gubbin shall be liable). The final amount shall be decided by Gubbins in case of liability
on Gubbins or any of its agents.
- The Platform and the Gubbins Services are only available to Users located
in
Delhi- NCR and
shall not apply to any User outside the scope of Service areas by Gubbins.
10. Breach of the Terms of Use
User agrees that any breach by You shall be in violation of Terms of Use that
shall constitute an unlawful practice and will cause an irreparable loss to the Company. Users
shall consent to equitable relief or injunctive relief as the case may be in such situations.
These remedies are in addition to any other remedies that the Company/Client may have at law or
in equity. If the Company takes any form of legal suit against You, Company shall be entitled to
recover from You. You agree to pay all reasonable attorneys’ fees and costs of such action, in
addition to any other relief that may be granted.
11. No liability of Third Parties
Gubbins Platform may contain third-party-owned content (affiliate partners, advertisers,
strategic partners, etc). Gubbins is not responsible for the evaluation of the third party links.
Access
of Users through Our platform shall make User responsible or liable as You may do so at Your own
risk.
12. Disclaimer of Warranties and Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable
law:
- The Platform and Gubbins Property, Gubbins Services are provided by Gubbins
on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise,
including the implied warranties of title, non-infringement, merchantability or fitness for
a
particular purpose. Without limiting the foregoing, Gubbins makes no warranty that (i) the
Platform, Gubbins Services will meet Your requirements or Your use of the Platform will be
uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet Your
expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or
information, whether oral or written, obtained by You from Gubbins shall create any warranty
not
expressly stated in the Terms of Use.
- Gubbins will have no liability related to any User content arising under
intellectual
property rights, libel, privacy, publicity, obscenity or other laws.
- Gubbins also disclaims all liability with respect to the misuse, loss,
modification or unavailability of any User content.
- Gubbins will not be liable for any loss that You may incur as a consequence
of unauthorized use of Your Account or Account information in connection with the Platform
either with or without Your knowledge.
- Gubbins shall not be responsible for the delay or inability to use the
Platform,
Gubbins Services or related functionalities, the provision of or failure to provide
functionalities,
or for any information, software, functionalities and related graphics obtained through the
Platform, or otherwise arising out of the use of the Platform, whether based on contract,
tort,
negligence, strict liability or otherwise. Further, Gubbins shall not be held responsible
for
non-availability of the Platform during periodic maintenance operations or any unplanned
suspension
of access to the Platform that may occur due to technical reasons or for any reason beyond
Gubbins
control. You understand and agree that any material or data downloaded or otherwise obtained
through
the Platform is done entirely at Your own discretion and risk, and that You will be solely
responsible for any damage to Your computer systems or loss of data that results from the
download
of such material or data.
13. Term and Termination
- The Terms of Use will continue to apply until terminated by either You or Gubbins as
set forth below.
- If You are dissatisfied with Our services, please write to us at grievances@gub-bins.in, we shall delete the
Account for You. Or you can delete by stopping Your access and such will make your account
Dormant and shall be deleted within 6 months by Gubbins.
- Gubbins may be acting in sole discretion delete the Services provided to You
with/without
reason as it may deem fit to the Platform.
- The termination shall be effective only if the dues are completed and Your
account shall
only be terminated once the liability is paid by You as mentioned under Terms of Use.
- Company may block your current as well as future access, suspend or terminate
Your account
if it believes as per its sole discretion that User has infringed, breached, misused,
violated any Terms of Use mentioned.
- The terms of Use shall survive with or without modification as it may deem fit
to Gubbins.
- User agrees and accepts that Gubbins shall retain provided by the User even
after
Termination of the Account.
14. Governing Law
These Terms of Use shall be governed by and be in compliance with the laws of
India without reference to conflict of laws principles and disputes arising in relation hereto
shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable
authorities at New Delhi.
15. Report and Query Forum
If You come across any objectionable content. Please report such activity at
grievances@gub-bins.in or 9910007992. If there is any
query
or require customer support, Please drop Us
a mail at grievances@gub-bins.in.
16. Communications by Gubbins
You hereby expressly agree to receive communications by way of SMS instant messages
and/or e-mails from Gubbins, or other third parties. You can unsubscribe from receiving
communications
through SMS and email anytime by contacting us for the same at our Support Forum.
17. General Terms
- Gubbins shall reserve the right to modify and amend the Terms of Use at any point of
time
without any requirement to notify the User.
- The User shall have the responsibility to check the modified Terms of Uses whenever
made
periodically. User consents to changes and amended Terms of Use which shall legally bind
You.
- Gubbins shall deliver notices to you by registered email address or by SMS messaging
as
provided by You.
- Users cannot assign the Terms of Use. Gubbins shall have the right to assign it to a
third
party without the requirement of notification to the User.
- If for any reason as mentioned by the court or competent authority finds any part of
the
Terms of Use, any provision thereof to be unenforceable, That part of that provision shall
be enforced to the maximum extent permissible by the law so as to give effect to the intent
of the parties as reflected by that provision, and the remainder of the Terms of Use shall
continue in full force and effect.
- Any failure by Gubbins to enforce or exercise any provision of the Terms of Use, or
any
related right, shall not constitute a waiver by Gubbins of that provision or right as the
case may be.
- These Terms of Use together with Gubbins’s Privacy Policy and any other legal
notices,
communications published by Gubbins on its Platform, and any other agreements executed
between You and Us shall constitute the entire agreement between you and Gubbins concerning
its Platform, Delivery Services and governs Your use of the Platform and Gubbins Service,
superseding any prior agreements between You and Gubbins with respect to the Platform and
Gubbins Service
- If you have a reasonable ground to believe that the Platform violates Intellectual
Property Rights that may belong to you or a third party. You must promptly write to us at
grievances@gub-bins.in. However, any false claim by
You
may result in the termination of Your access
to the Platform. You are required to provide the following details in Your notice should include
the
IP that is being infringed, the specific item, location, and Contact details along with a
physical
or electronic signature of the owner or the agent of such Intellectual property right.