Terms

Effective/Last Updated: May 1, 2023

TERMS OF SERVICE

GUFTAGU operates Guftaguconnect.com(“Site”) and is making it available to you subject to these  evolving Terms of Service (“ToS”). The ToS govern your access to and use of Guftagu’s services available via the Site. The Site includes Guftagu’s related websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and any other related services that can be accessed via our Site or that link to these ToS (collectively, the “Services”), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the GUFTAGU Site and Services you agree to be bound by these ToS. Since these ToS are evolving, expect frequent changes to them, and with such changes, your use, rights and privacy expectations may also change. In the event of inconsistency between any terms of this contract and any translation into another language, the English version will control and prevail on any question of interpretation or otherwise.

1. Who May Use the Services.

If the law in your jurisdiction allows you to enter into agreements with third parties, you agree to these ToS then you can use the Site and Services. However, if your mind is legally incapacitated (mental disability, intoxication, under the age of 18, etc.) for any reason, then you are not allowed to

use the GUFTAGU Site and Services. For those who are accepting these ToS and using the GUFTAGU

Site and Services on behalf of a company, organization, government, or other legal entity, you

represent and warrant that you are authorized to do so.

2. Privacy.

Our Privacy Policy, accessible at https://www.guftaguconnect.com/privacy-policy, describes how we

collect, process, store and share the information you provide to us when you use our GUFTAGU Site and Services. You acknowledge that through your use of the Services, your personal data will be collected and used (as set forth in the Privacy Policy), for storage, processing and use by Guftagu, itsfranchisees and members, and its affiliates.

3. Content on the Services.

You are responsible for your use of the GUFTAGU Site and Services and for any Content you provide,

including compliance with applicable laws, rules, and regulations. Don’t hit the submit/send button,

unless you are prepared to be held accountable for your Content.

Like with any content published via the Internet, you must consider the source of the Content or materials before using or relying upon it. Your use of the Content and GUFTAGU Site are at your own risk.

GUFTAGU is an intellectual property owner and understands the costs and expenses in developing and maintaining intellectual property. GUFTAGU also respects the intellectual property rights of

others and expects its users of the GUFTAGU Site and Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without

liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us, as summarized for you in our Digital Millennium

Copyright Act (“DMCA”) Copyright Infringement Report and Counter Notice forms. Here you will find Guftagu’s instructions for reporting copyright infringement to it, and responding to infringement

allegations against you by others. We will respond to notices of alleged trademark and other

intellectual property infringement that comply with applicable law and are properly provided to us,

as described in our Trademark Infringement Report and Counter Notice forms. Here you will find

Guftagu’s instructions for reporting trademark infringement to it, and responding to infringement

allegations against you by others.

Users of the Services will operate in a lawful, ethical and professional manner. Users shall conduct

themselves in a fair, responsible and business like manner at all times and will avoid any discourteous, deceptive, misleading or unethical practices. You are solely responsible for any

comments or posts you leave on our Site, blogs or any GUFTAGU site. GUFTAGU does not control content posted and does not guarantee the accuracy, integrity or quality of the content. In using the

Site or the Services you may be exposed to content that you may find offensive, indecent or

objectionable. Under no circumstances will GUFTAGU be liable in any way for any content, including

but not limited to any errors or omissions in any content or any loss or damage of any kind incurred

as a result of the use of any content posted or otherwise made available via the Site or the Services.

Examples of unethical or unlawful activities include, but are not limited to the following:

False, misleading or disparaging statements of any kind including but not limited to about GUFTAGU

or its affiliated entities or any person or entity using the Site or the Services;

Any unauthorized use of the name, logo, trademark or copyrighted material of GUFTAGU, its affiliated entities or any other person or entity;

Violation of any federal, state or local laws or regulations;

“Spamming” is the abuse of electronic messaging systems to indiscriminately send unsolicited bulk

messages. While the most widely recognized form of spam is e-mail spam, the term is applied to similar abuse in other media, such as but not limited to, instant messaging, Usenet newsgroups, web

search engines, spam in blogs, wiki spam, mobile phone messaging spam, Internet forum spam, and junk fax transmissions.

Spamming is strictly prohibited by GUFTAGU and will result in the immediate termination of your

account. Spamming may also be illegal under applicable laws and may subject you to civil or criminal

penalties.

Your use of software made available via a GUFTAGU Site is subject to any applicable license agreement or user agreement or the documentation that accompanies or is included with the

software (“License Terms”). In the event that software that is provided on or through a GUFTAGU Site

and is not licensed for your use through License Terms specific to the software, you may use the software subject to the following: (a) the software may not be modified or altered in any way; and

(b) the software may not be redistributed.

GUFTAGU has the right (but not the obligation) in its sole discretion to screen, refuse, move or

remove any content that violates the ToS or is otherwise objectionable.

You bear all risks associated with the use of any content on the GUFTAGU Site or in connection with the Services including any reliance on the accuracy, completeness, or usefulness of such content.

You acknowledge that GUFTAGU may access, preserve and disclose your information if required to do

so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the provisions of this ToS; (c) respond to claims that any

content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of GUFTAGU, its users and the public.

The Services and software embodied within the Service may include security components that permit digital materials to be protected. The use of these materials is subject to usage rules set by

GUFTAGU and/or its technology providers. You may not attempt to override or circumvent any of the

usage rules embedded in the Services.

A. Fees and Payments

When you order a service you have an opportunity to review and accept the fees that will be

charged. Prices, availability, and other purchase terms are subject to change. GUFTAGU reserves the

right without prior notice to discontinue or change specifications and prices on services offered on

and outside of the GUFTAGU Site without incurring any obligation to you. All fees may be subject to

taxes.

You are responsible for providing true, accurate, current, and complete information when ordering

services through the GUFTAGU Site or otherwise. If you use the GUFTAGU Site or other means to

purchase a service, payment must be received prior to acceptance of an order. GUFTAGU may need

to verify information you provide before GUFTAGU accepts your order, and may cancel or limit your

order any time after it has been placed. Subject to applicable membership policies, if payment has

already been made and your order is cancelled or limited, GUFTAGU will refund any payment you

made for the service that will not be delivered due to cancellation or limitation of an order in the

same tender as the original purchase.

If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed

for the service you have purchased, you agree that we may, at our option, suspend or terminate

delivery of service and may require you to pay any overdue amounts incurred (including third-party

chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary

to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due,

including attorney fees and other legal expenses.

Purchases of other products and services through the GUFTAGU Site may be subject to other terms

and conditions that are presented to you at the time of purchase.

B. No Automated Querying.

You may not send automated queries of any sort to the GUFTAGU Site or its systems without express

written permission in advance from GUFTAGU.

C. Intellectual Property.

All content included on the GUFTAGU Site and in connection with the Services such as text, graphics,

logos, button icons, images, audio clips, digital downloads, data compilations and software, is the

property of GUFTAGU or its content suppliers and is protected by international copyright laws. All

software used on the Site is the property of GUFTAGU or its software suppliers and is protected by

international copyright laws. All of the trademarks, service marks, logos, brand and trade names

appearing on the Site are the proprietary intellectual property of the owners of such marks, logos or

names and you may not use, modify, remove or otherwise infringe any of such proprietary

intellectual property. GUFTAGU retains full ownership rights with respect to the Site and the Services

including but not limited to design, functionality, and documentation. You may not copy, edit, or

reproduce any part of the Site or the Services.

D. Copyright.

The DMCA provides protections to GUFTAGU relating to material posted online at the discretion of

users of our Site. If you are a copyright owner and believe that any content on our Site infringes your

copyrights, you may inform us by completing our Copyright Infringement Report form and mailing it

to:

GUFTAGU, Delhi

a specific description of the alleged infringement and the copyrighted work that you believe has

been violated; the exact location of the infringing material on the Site; your contact information; and

a statement by a person authorized to take action on behalf of the owner of the copyright certifying

that the information provided is true and correct.

E. Indemnity and Defense.

You will defend, indemnify and hold harmless GUFTAGU and its affiliates (and their respective

employees, directors, agents and representatives) from and against any and all claims, costs, losses,

damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) that

arise out of or relate to: (i) your use of the Site or the Services; (ii) any actual or alleged breach of

your representations, warranties, or obligations set forth in this ToS; (iii) any content you provide

including but not limited to any actual or alleged infringement of any intellectual property or

proprietary rights of any third party.

F. Limitation of Liability.

GUFTAGU will not be liable for direct or indirect damages of any kind, including without limitation

incidental, punitive or consequential damage or loss arising out of or in connection with this ToS, the

Site, the Services, inability to use the Site or the Services, or resulting from any goods or services

obtained or messages received or transactions entered into through the Site or the Services.

G. Disclaimer of Warranties.

The GUFTAGU Site and the Services are provided on an “as is” and “as available” basis. GUFTAGU

makes no representations or warranties of any kind, express or implied, concerning the Site, the

Services or the content thereof. To the fullest extent permissible under applicable law GUFTAGU

disclaims any and all such warranties including without limitation:

Any implied warranties of merchantability, fitness for a particular purpose, title, and

non-infringement;

That the Site or the Services will meet your requirements, will always be available, accessible,

uninterrupted, timely, secure, or operate without error;

That the information, content and materials included on the Site will be as represented;

Any implied warranty arising from course of dealing or usage of trade; and

Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of

GUFTAGU.

H. Third Party Websites.

The GUFTAGU Site may redirect or link to other websites on the Internet, or may otherwise include

references to information, products or services made available by unaffiliated third parties. While we

make every effort to work with trusted, reputable providers, from time to time such sites may

contain information, material or policies that some may find inappropriate or personally

objectionable. You understand that we are not responsible for the accuracy, completeness, decency

or legality of content hosted by third party websites, nor are we responsible for errors or omissions

in any references made on those websites. The inclusion of such a link or reference is provided

merely as a convenience and does not imply endorsement of, or association with the Site or party by

us, or any warranty of any kind, either express or implied. You are solely responsible for and assume

all risk arising from your access to and/or use of any such linked websites.

I. Electronic Delivery of Notices.

By using the GUFTAGU Site or the Services you consent to electronically receive from GUFTAGU any

communications including notices, agreements, legally required disclosures or other information in

connection with the Services. GUFTAGU may also provide such notices by posting them on the Site. If

you desire to withdraw your consent to receive notices electronically you must discontinue your use

of Site and the Services.

J. Venue and Applicable Law.

The GUFTAGU Sites are created, operated and controlled by GUFTAGU in the State of Delhi. The laws

of the Delhi govern this ToS without giving effect to principles of conflicts of laws. Any action arising

under this ToS shall be brought only in courts located in Delhi only.

K. Severability.

In the event that any provision of this ToS is held to be invalid or unenforceable the remaining

provisions of this ToS will remain in full force and effect.

L. Waiver.

GUFTAGU will not be considered to have waived any of rights or remedies described in this ToS

unless the waiver is in writing and signed by GUFTAGU. No delay or omission by us in exercising our

rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or

remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the

strict performance of any provision of this ToS will not constitute a waiver of Guftagu’s right to

subsequently enforce such provision or any other provisions of this ToS.

M. Relationship of Parties.

GUFTAGU is not your agent, fiduciary, trustee, or representative. Nothing expressed or implied in this

ToS is intended or shall be construed to give to any person other than the parties hereto any legal or

equitable right, remedy, or claim under or in respect to this ToS. This ToS is intended for the sole and

exclusive benefit of GUFTAGU and you.

N. No Resale Right.

You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial

purpose any portion of this Site, or use of or access to this Site provided through this Site, beyond

the limited rights granted to you in these ToS.

O. Force Majeure.

In addition to any excuse provided by applicable law, we shall be excused from liability for

non-delivery or delay in delivery of Services available through our Site arising from any event beyond

our reasonable control, whether or not foreseeable by either party, including but not limited to:

labor disturbance, war, fire, accident, adverse weather, inability to secure transportation,

governmental act or regulation, and other causes or events beyond our reasonable control, whether

or not similar to those which are enumerated above.

Effective/Last Updated: May 1, 2023

These ToS are an agreement between you and GUFTAGU Delhi.. If you have any questions about

these ToS, please contact us at [email protected]

All rights reserved.