For the purpose of these Terms, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to becomes a member of the GP Applications by providing Registration Data
The GP Applications allows the User to surf the GP Applications without registering on the GP Applications. The term "We", "Us", "Our" shall mean the Group.
2. Our GP Applications:
Please note that the GP Applications qualifies as an "Intermediary" within the meaning of an "Intermediary" envisaged under Section 2(w) of the Information Technology Act, 2000 and rules framed thereunder. Hence, the GP Applications shall comply with all rules and regulations of an "Intermediary" envisaged under Section 2(w) of the Information Technology Act, 2000 and rules framed thereunder.
In light of the foregoing, the Group wishes to clarify the following:
- (a) The GP Applications is merely an “Intermediary” envisaged under Section 2(w) of the Information Technology Act, 2000, which merely disseminates the information on the subject matter permitted by the incorporation documents of the Group.
- (b) You further agree and acknowledge that the GP Applications is only a facilitator / intermediary and is not and cannot be a party to or control in any manner any transactions on the GP Applications.
- (c) You further agree and acknowledge that all the 'discount(s) / coupon(s) / deal(s) (if any)' on the GP Applications / prices at which the products are being sold by the ‘seller’ on the GP Applications is merely an “invitation to an offer” in accordance with the Indian Contract Act, 1872 and shall not be construed to be an “offer” in accordance with the Indian Contract Act, 1872. Hence, in light of the foregoing, when you agree to purchase any product of the 'seller' listed on the GP Applications, that would be termed as an 'valid offer' under the Indian Contract Act, 1872 and after doing so it is upon the 'seller' to accept the said 'valid offer' or reject the 'valid offer'. In this regard, note that if the 'seller' accepts the said 'valid offer', then only it would tantamount to be a 'valid contract' as per the Indian Contract Act, 1872.
3. User Account:
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account when you use the GP Applications.
You agree to accept responsibility for all activities that occur under your account or password.
You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
The GP Applications reserves the right to refuse access to the GP Applications, terminate accounts, remove or edit content at any time without notice if we have reasonable belief that your account is being used for unauthorized purposes.
4. Membership Eligibility:
Use of the GP Applications is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the GP Applications. If you are a minor i.e. under the age of 18 years, you shall not register as a User of GP Applications and shall not transact on or use the GP Applications.
As a minor if you wish to use or transact on the GP Applications, such use or transaction may be made by your legal guardian or parents on the GP Applications. Furthermore, we reserve the right to terminate your membership and / or refuse to provide you with access to the GP Applications if it is discovered by us that you are under the age of 18 (eighteen) years.
6. Usage Conduct:
You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the GP Applications.
You acknowledge that you only have a limited right merely to use the GP Applications and that you have no right to modify any part of the GP Applications or reproduce, copy, distribute, sold, resold or access the same for commercial purposes illegally.
You are also under an obligation to use the GP Applications are for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the GP Applications. You shall use the GP Applications, and any voucher(s) / coupon(s) / deal(s) purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
You may not use any meta tags or any other "hidden text" utilizing the Group / GP Applications or its affiliates' names or trademarks without the express written consent of Group / GP Applications and / or its affiliates, as applicable.
You must not use the GP Applications for any of the following:
- (a) for fraudulent purposes, or in connection with a criminal offense or other unlawful activity; and
- (b) to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam” to cause annoyance, inconvenience or needless anxiety.
When you use the GP Applications or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required.
We may communicate with you by email or by such other mode of communication, electronic or otherwise.
8. Disclaimer of Warranties and Liability:
The GP Applications, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through the GP Applications are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.
Without prejudice to the forgoing paragraph, the GP Applications does not warrant that:
- (a) These GP Applications will be constantly available, or available at all; or
- (b) The information on these GP Applications is complete, true, accurate or non-misleading.
The GP Applications will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the GP Applications. The GP Applications does not warrant that these GP Applications; information, content, materials, product (including software) or services included on or otherwise made available to you through the GP Applications; their servers; or electronic communication sent from us are free of viruses or other harmful components, despite our best efforts to prevent these incidents.
Nothing on the GP Applications constitutes, or is meant to constitute, advice of any kind.
You will be required to enter a valid phone number while availing any service from the GP Application (if specified as mandatory).
We will not use your personal information to initiate any promotional phone calls or sms.
9. Intellectual Property Rights:
Content included on the GP Applications, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the GP Applications, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws.
The compilation of all content on the GP Applications is the exclusive property of the GP Applications and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on the GP Applications is the property of the GP Applications, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
You may not systematically extract/ or re-utilise parts of the contents of the GP Applications without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the GP Applications, without the Group’s express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of the GP Applications without the GP Applications express written consent.
Our Trademarks at various Jurisdictions and you cannot use the trademark for commercially exploiting your interests without our express permission. We reserve our right to initiate legal proceedings if we discover any IPR infringement or passing off.
We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, contact the Grievance Officer (details under Clause 10 of these Terms).
10. Grievance officer:
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Ms. Shivaarti Bajaj
Designation: Founder & Director, GoParties.com – Your Entertainment App
(hereinafter referred to as the "Grievance Officer")
In this regard, please note that the Grievance Officer (directly and / or through its team) may be contacted by You for any grievance that you may have while using the services of the GP Applications.
11. Indemnity and Release:
You shall indemnify and hold harmless the GP Applications, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release the GP Applications or any of its affiliates or officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the GP Applications.
13. Governing law and Jurisdiction:
These Terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Gurgaon (Haryana).
14. Suspension, Termination or Cancellation:
The GP Applications may suspend, cancel or terminate your account registered with us, with or without notices, if we believe in good faith that (a) that you breach any of these Terms and other policies.
15. Amendment / Modification:
The GP Applications reserves the right to modify these Terms at any time with or without any further notice(s) by uploading the revised Terms on the GP Applications and it is Your duty to keep itself aware of the revisions to the Terms of the GP Applications.
16. Limitation Of Liability:
The gp applications will not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with the terms, the gp applications, the services, the transaction processing service, the inability to use the services or the transaction processing service, or those resulting from any services purchased or obtained or messages received or transactions entered into through the services beyond the value of the last transaction carried out by the end-user through the gp applications.
The Parties acknowledge and accept that electronic format shall be deemed an acceptable means of communication for the purposes of these Terms.
These Terms constitutes the complete and entire agreement between the Parties on the subject of ‘terms of usage of the GP Applications’ (save and except the other policies) and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the Parties to these Terms.
If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall no effect the other provisions of these Terms, which shall remain in full force an effect.
In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.