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PRIVACY POLICY

1. GENERAL

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service for access or usage of www.gumtreetraps.com. The domain name www.gumtreetraps.com (hereinafter referred to as "Website") is owned by M/s. Gumtree Traps Pvt. Ltd. (hereinafter referred to as “Company”), having its registered office at Plot No. 62, Pilerne Industrial Estate, Pilerne, Goa 403114. The use of this website by You is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding in You and that You are contracting with the Company and have undertaken binding obligations with the Company. For the purpose of these Terms of Service, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a member on the Website by providing Registration Data while registering on the Website. The site also providing its services without registration does not absolve you of this contractual relationship. The term "We", "Us", "Our" shall mean Gumtree Traps Private Limited.  You will be subject to the rules, guidelines, policies, terms, and conditions applicable to the service provided through the site, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service. We hold the sole right to modify the Terms of Service without prior permission from you or informing you. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If you continue to use the website following such a change, it is deemed as consent by you to the so amended policies. As long as you comply with these Terms of Service, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by other Policies, inter alia Privacy Policy of the Company, which would be amended from time to time. We are an online Document storing service exclusively for storing your Warranty Invoices/Bills/Documents in India. The purpose is to safe guard your Warranty Documents in an organized system & the same can be access at the time of claiming warranty, Insurance etc. Bill keepers is a platform where we store your Warranty Documents in a digital format on our website to make your search & access to all your warranty Invoices/Bills quick and with ease during claims, wherein you can choose and contact the right services which are provided in 2 forms as Free Service (with limited services) and Paid Service (Which you get special privileges for your Warranty Documents). We aim to Save & Store all your Warranty Invoices/Bills/Documents so that you don’t have to lose your Warranty Claims or Insurance during thief or damage of your warranty product, in case your Hard Copy New Purchase Invoices/Bills are misplaced or lost.

 

2. MEMBERSHIP

The membership of this website is available only to those above the age of 18 barring those ‘Incompetent to Contract’, which inter alia includes insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. If You are a minor and wish to use the services offered on this website, you may do so through your legal guardian and Gumtree Traps Private Limited reserves the right to terminate your account on knowledge of You being a minor and using the membership of the site. Further, you are solely responsible for protecting the confidentiality of your username and Password and any activity under the account will be deemed to have been done by you. In the event you provide us with false and inaccurate details or Gumtree Traps Private Limited has a reasonable reason to believe that false and inaccurate information has been furnished, we hold the rights to permanently suspend your account.

 

3. COMMUNICATIONS

By using this website, it is deemed that you have consented to receiving calls, auto dialed and/or pre-recorded message calls, e-mails, from Us at any time with the use of the telephone number and e-mail address that has been provided by you for the use of this website which are subject to the Privacy Policy. This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMSs from us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish the communications to cease, kindly Intimate us of the same via an email at info@gumtreetraps.com. You may also be contacted by us with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made. The sharing of the information provided by you will be governed by the Privacy Policy and we will not give out such contact information of yours to third parties not connected with the Website.

 

4. CHARGES

The membership of this website is free of cost or paid service and this includes the browsing of the site and the use of the services which is subscribing to the Warranty Bill keeping. However, we reserve the right to amend this no-fee policy and charge for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site. We may charge a subscription fee for certain services that we provide to you, including but not limited to, the facility of sending SMSs, e-mails to customers of your business, the usage of the “Talk to Business” and “Message Board” facilities etc. on this website. A list of these services that we provide and the charges for the same can be found at www.gumtreetraps.com We reserve the right to amend the charges for these services at any time. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.

 

5. THIRD PARTY INFORMATION

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and We have no control over such third party user generated content as We are merely an intermediary for the purposes of this Terms of Service. Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed. The content that you post will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide and are not entitled to any payment or other compensation for such use. We are only a service provider in terms of the use of the website, wherein we store & save Users Warranty Documents obtained from the end Users. It shall be your sole responsibility to verify them before opting the service. We shall not in any manner be held responsible with respect to any issues that arise due to the service facilitated through this website.

 

6. USER OBLIGATIONS

You are a restricted user of this website.
6.1 You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
6.2 You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep- link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content.
6. 3 in places where this website allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e) Post any file that infringes the copyright, patent or trademark of other legal entities;
f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
g) Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
h) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
k) Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
m) Violate any applicable laws or regulations for the time being in force within or outside India;
n) Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
o) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p) Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
q) Publish, post, disseminate information that is false, inaccurate or misleading;
r) Violate any applicable laws or regulations for the time being in force in or outside India;
s) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
t) Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers. You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. 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 personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any 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. We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR YOUR ACTIVITIES AND THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

 

7. DISCLAIMER OF WARRANTIES AND LIABILITIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS 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, GUMTREE TRAPS PRIVATE LIMITED MAKES NO WARRANTY THAT
(I) YOUR REQUIREMENTS WILL BE MET OR THAT PRODUCTS/ SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. GUMTREE TRAPS PRIVATE LIMITED ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. GUMTREE TRAPS PRIVATE LIMITED ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES. WE SHALL NOT BE LIABLE FOR ANY SERVICES POSTED ON THE SITE. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY. THE DATA PROVIDED ON OUR WEBSITE IS FOR SERVICE INFORMATION ONLY. WE HAVE NOT VERIFIED THE DATA PROVIDED BY THE USER ON OUR WEBSITE. WE SHALL NOT BE HELD RESPONSIBLE IN CASE OF ANY ERROR/CORRECTION/MISTAKE IN INFORMATION PROVIDED BY USER TERMS OF NAME, ADDRESS, CONTACT NUMBER, EMAIL ADDRESS, PROVIDING FOR STORING WARRANTY DOCUMENTS. WE DO NOT PROMOTE OR PROVIDE ANY BUSINESS APART FROM SAVING & STORING USERS WARRANTY DOCUMNTS ON OUR WEBSITE AND HENCE SHALL NOT BE HELD LIABLE FOR ANY ERRORS/ ISSUES ARISING THEREFROM.

 

8. INDEMNIFICATION AND LIMITATION OF LIABILITY

 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE USERS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL GUMTREE TRAPS PRIVATE LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE USERS OR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS. YOU AGREE THAT THE WARRANTY INVOICES/BILLS STORE & SAVED UNDERTAKEN SHALL BE AT YOUR OWN RISK AND RESPONSIBILITY. WE SHALL NOT IN ANY MANNER BE RESPONSIBLE FOR ANY ISSUES ARISING OUT OF THE USERS, INCLUDING BUT NOT LIMITED TO, THEFT OF BELONGINGS DURING THE STORING OF DOCUMENTS. YOU UNDERSTAND AND AGREE THAT WE ARE ONLY A MEDIUM OF PROVIDING INFORMATION OF YOUR DOCUMENTS AND THEREFORE SHALL NOT BE RESPONSIBLE FOR ANY DISPUTE/VIOLENCE/THEFT OR ANY OTHER CRIME ARISING DUE TO THE USE OF OUR SERVICE AND IT SHALL SOLELY LIE BETWEEN YOU. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

The website hosts information provided by third parties. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.

 

9. DISPUTES AND JURISDICTION

 

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
9.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
9.2 Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Mumbai, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Mumbai, India.
9.3 Stage 3: Refunds. In case if the User wants to withdraw his services & does not want to store or save his Warranty Invoices/Bills/Documents on our Database Website need to intimate us through email on & we will delete his information with 24 Hours from our Database Website but not refund will be given in case of Paid User.

 

10. CONTACT US

 

If you have any questions about this Agreement, the practices of Gumtree Traps Private Limited, or your experience with the Service, you can e-mail us at info@gumtreetraps.com.

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