Terms and Conditions
Gypsee user agreement
Welcome to Gypsee.in (“Website”) owned and operated by Gypsee Automotive (‘Gypsee Auto’), having its registered office at #212, 05th Floor, 4th Main Road, P.0 Vivek Nagar, Bangalore – 5600047,Karnataka
This document/agreement/understanding is a computer-generated electronic record published in terms of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 read with Information Technology Act, 2000 and does not require any physical or digital signatures.
- Proprietary rights
You acknowledge and agree that Gypsee owns all rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether registered or not). You further acknowledge that the Services may contain information which is designated confidential by Gypsee and that you shall not disclose such information without Gypsee’s prior written consent.
Gypsee grants you a limited license to access and make personal use of the Website and the Services. This license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Services. You do not have the right to use any of Gypsee’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services.
- Usage of website/Application
The Website is intended for personal and non-commercial use. You shall register to become a member of the Website only if you are of the age of 18 or above and can enter into binding contracts as per applicable laws. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of the Website by you and anyone using your password and login information (with or without your permission).
You also agree to provide true, accurate, current and complete information about yourself as and when prompted by the Website. If you provide any information that is untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate, not updated or incomplete), or Gypsee has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, Gypsee shall have the right to suspend or terminate your account and/or refuse any and all current or future use of the Website (or any portion thereof) or Services in connection thereto.
By making use of the Website, and furnishing your personal/contact details, you hereby agree that you are interested in availing and purchasing the Services that you have selected. You hereby agree that Gypsee may contact you either electronically or through phone, to understand your interest in the selected products and Services and to fulfill your demand or complete your application.
You specifically understand and agree that by using the Website you authorize Gypsee and its affiliates and partners to contact you for any follow up calls in relation to the Services provided through the Website. You agree and consent to receive communications on your phone/mobile number provided by you on the Website and expressly waive any registration made under DND/NCPR list under TRAI regulations.
You agree and authorize Gypsee to share your information with its group companies and other third parties, in so far as required for marketing purposes/offering various Services and/or to provide you with various value-added services, in association with the Services selected by you or otherwise. You agree to receive communications through e-mails, telephone and/or SMS, from Gypsee or its third-party vendors regarding the Services/ancillary Service updates, information/promotional emails and/or products announcements. You also agree that Gypsee reserves the right to make your details available to its partner service center/Garages/vendors and that you may be contacted by the partners for information through email, telephone and/or SMS. If you request not to receive such communication/marketing material any further, it shall be applicable prospectively only and shall not apply in respect to your data already shared by Gypsee with its partners upon your prior consent. In case you do not wish to receive any such communication/marketing materials from our partners, we request you to kindly get in touch with them independently, without involving Gypsee.
The usage of the Website may also require you to provide consent for keying in your Personal Information (“PI”) (including but not limited to user ids and passwords), as may be necessary to process your application through this Website. PI keyed in shall be required for enabling hassle free, faster and paperless (to the extent possible) processing of applications for products and assistance so opted / availed by you. Gypsee shall adhere to best industry practices including information security, data protection and privacy law while processing such applications. However, Gypsee shall not be liable to you against any liability or claims which may arise out of such transactions.
You shall not sell Gypsee’s products, Services, information, or software associated with or derived from it or use any robot, spider, other automatic device, or manual process to monitor or copy the Website and or its content or interfere or disrupt the Website; take any action that imposes an unreasonably or disproportionately large load on Gypsee’s infrastructure/network or use any device, or interfere or attempt to interfere with the Gypsee’s Services or forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Gypsee or to manipulate your presence on the Website.
You may only use the Website to learn more about product & services as may be displayed on the Website from time to time and you shall not use the Website to make a fraudulent application for any products or services listed on the Website. You agree not to use the Website for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that might apply to you. Since the Website is in operation in India, while using the Website, you shall agree to comply with laws that apply to India and your own country (in case of you being a foreign national). We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of the Website. Gypsee does not provide any Service to individual’s resident outside the territory of India.
You are prohibited from posting or transmitting to or through this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
- Our partners
Display of products, services or offer by third parties, on the Website does not in any way imply, suggest, or constitute any sponsorship, recommendation, opinion, advice or approval of Gypsee in favor/against such third parties or their products. You agree that Gypsee is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties.
Your interaction with any third party accessed through the Website is at your own risk, and Gypsee will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.
You agree and acknowledge that the credit shall be at the sole discretion of Gypsee’s partners (service providers, seller network, business assosciates) while making any application through the Website for a products or services offered by such partners; Gypsee shall not be held liable for any delay, rejection or approval of any application made through its Website.
- Disclaimer of warranty
The Website and all content, products and Services provided on the Website are provided on an “as is” and “as available” basis. Gypsee expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Gypsee makes no warranty, and expressly disclaims any obligation, that: (a) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (b) The Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or any Services offered through the Website will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations.
- Limitation of liability
You agree to indemnify and hold Gypsee (and its officers, directors, agents and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms, your violation of any law or the rights of a third party, or your use of the Website.
Any failure or delay by Gypsee to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by Gypsee of that provision or right. The exercise of one or more of Gypsee’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to Gypsee under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of Gypsee.
- Force Majeure
If performance of Products/Services/Website by Gypsee is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, malware or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Gypsee and could not have been prevented by reasonable precautions, then Gypsee shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by Gypsee of its obligations herein or incur any legal liability on Gypsee.
- Additional Terms
You may not assign or otherwise transfer your rights or obligations under these Terms. Gypsee may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to you. If we fail to act on your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. Other terms and conditions may apply to other products or services that you may apply on the Website. You will observe these other terms and conditions. The laws of the India, without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of the same. If you take any legal action relating to your use of the Website or these Terms, you agree to file such action only in the courts located in Bangalore, India. In any such action that we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You acknowledge that you have read and have understood these Terms, and that these Terms have the same force and effect as a signed agreement. This paragraph shall survive termination of this agreement.