Gtracker is a B2B platform developed for Personal and Commercial owned by Gevinst Technologies Private Limited, the application can be accessed by dual means, it can be accessed directly by visiting the website www.gevinsttech.com or can be installed on Android by downloading it as a mobile application. which is collectively hereinafter referred to as “Platform”. The Platform allows its registered users to use the features provided by the Platform and to engage and interact with other registered members on the Platform.
MEMBERS AND VISITORS
The registered user of the Platform is called a “Member”. The non-registered user is called a ‘’visitor’’. If you have chosen not to register for the Platform, you represent to be a ‘’Visitor’’ and you may have only limited access avail information related to features.
REGISTRATION AS A USER
To get registered with the Platform you have to provide your name, email id, mobile number, birth date, and country in which you download, and use the Platform. You will ensure that the email id and mobile number is valid and existing email id provided for registration with the Platform is your own and does not belong to any third party You will ensure that you will not use the name, email id, or mobile number of another person with the intent to impersonate that person.
You agree to provide true, accurate, current, and complete information about yourself as required during registration in your profile and maintain it promptly also update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Gevinst has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gevinst has the right to suspend or terminate your account and or refuse any or all current or future use of the Platform.
You acknowledge, consent and agree that Gevinst may access, preserve or disclose your account information, including profile information, and personal information such as your name, address, mobile number, date of birth, etc if required to do so by law or in good faith,
believe that such access of preservation or disclosure is reasonably necessary only in means of illegal or unfair means of the usage of the application.
(a) To comply with legal process or the order of any Government authority
(c) To respond to claims that the registration and profile information violates the rights of third parties
(d) To protect the rights, property or personal safety of Gevinst, Gevinst employees, Platform users and the public.
The various types of content available on the Platform may be categorized as follows:
• Content provided by Registered Users or content generated during Registered Users’ interactions with other Registered Users are with the authorized staff of the Company as “User Content”
• Content were the Company through itself or its contractors has generated through the Platform or procured for the Platform as “Company Content”
Gevinst holds reserves the right in its sole discretion to delete, move or edit any Content including material posted in any interactive area of the Platform and will be implemented only in terms of violation of the Agreement principles or is otherwise unacceptable. The Company also reserves the right to block a Registered User or delete any User Content that it considers as illegal or offensive. Although the Company reserves the right to remove any offending content on the Platform, You understand and agree that You nonetheless may be exposed to such material inadvertently and therefore can exempt or quitclaim all the rights to damages from any party related to such exposure. And in any means, you will not hold the Company responsible for such inadvertent exposure.
As users it is between you and Gevinst, you own the content and information that you submit or post to the Platform, and you are granting Gevinst and affiliates a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information, and content that you provide through the Platform, without any further consent, notice and or compensation to you or others.
These rights are limited in the following ways:
• The user can end the license for specific content that you posted by deleting such content from the Platform, or generally by closing your account, except under the terms (a) to the extent you shared it with others as part of the Platform and they copied, re-shared or stored it and (b) the content that has been copied or moved to backup and to other systems as per the Content Management or Data Archival policies of the Platform.
• If you choose to share your post as “public”, platform features that allow other Members to share the public post or embed that public post onto third-party services may be enabled now or in future, the search engines may be further enabled to make that public content findable though their services.
• Gevinst may edit and make format changes to your content including but not limited to translating it, modifying the size, layout, or file type, or removing metadata
The user will be solely responsible for all usage or activity in your account after registration with the Platform, including the use of the account by any third party authorized by you.
As user, you agree that you will not use the Platform to post pornographic content or content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having cuss words or language, the market, or sell business, products or services that is illegal. Any fraudulent, abusive, misuse or otherwise illegal activity may be grounds for removal or discard of such content and or termination of your account at Gevinst’s sole discretion.
Hence it is mandatory to report immediately or notify Gevinst at firstname.lastname@example.org of any known or suspected unauthorized uses of your account, or any known or suspected breach of security. Gevinst will not be liable for any losses caused to you, whether directly or indirectly for any unauthorized use of your account or for your failure or delay to intimate Gevinst of known or suspected unauthorized use of your account, or any known or suspected breach of security.
Users must understand that the role of Gevinst is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules there under. Being an intermediary, Gevinst has no responsibility and or liability in respect of the content and transactions on the Platform which includes any User Content.
If Gevinst suspects any illegal, unlawful, or fraudulent activity on the Platform by any Registered User, notwithstanding any other rights Gevinst may have, Gevinst shall have all the right to suspend or terminate the Registered User’s account. Gevinst also reserves the right to inform the relevant consent to government or law enforcement authorities of such a transaction.
END USER LICENSE AGREEMENT (EULA)
The license to the Platform is effective until terminated by you or by Gevinst under the following circumstances:
• Deleting your account of your own accord by sending an email to support@Gevinsttech.com requiring the deletion of your account
• In a scenario when Gevinst ceases to make available the Platform with the provision of 30days’ notice or any other notice period Gevinst deems fit.
(Please Note: Un-installation of the Platform from your mobile device will not result in the deletion of your account or your information from the Platform and for permanent deletion from the platform you have to send an email to support@Gevinsttech.com .)
You as the user agrees that the Platform contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to the copyright, and you are not authorized to use such proprietary content, information or materials in any way whatsoever except for permitted use of the Platform. You also agree not to modify, rent, lease, loan, sell, distribute, or create derivative works of the Platform, in any manner, and you shall not exploit the Platform in any unauthorized way whatsoever, including not to, by trespass or burdening network capacity.
SERVICES AND THIRD-PARTY MATERIAL
You understand and acknowledge that Gevinst is merely providing a B2B platform for the automotive and IT industry and does not provide any guarantees in relation to your success in relation to any of the aforementioned.
As a user you further agree not to use the Platform in any manner to harass, abuse, bully, threaten, defame, impersonate, exhibit or transmit sexually explicit, pornographic, pedophilic content, promulgate hate speech, carry out illegal activities which infringe or violate the rights of any person including other users of the Platform and third parties as well, related or unrelated to the use of the Platform or the services provided through it including the patent right, copyright, trademark, trade secret or other proprietary rights of such persons or content owners. You also agree that Gevinst is in no way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions activities that you may receive as a result of using the Platform are at the discrete of your own sole decision.
As user, you understand that by using the Platform, you may encounter contents that may be deemed to be offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Platform at your sole risk and that Gevinst shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
The Platform includes content, data, information, applications or materials gathered , from third parties, content providers or other users of the Platform collectively and individually called “Third Party Materials”. Hereby you acknowledge and agree that Gevinst is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency ,quality or any other aspect of such Third-Party Materials in using the platform. Gevinst does not warrant or endorse and will not have any liability or responsibility to you or any other person for any third-Third Party Materials or for any other such materials, products, or services of third parties.
Gevinst makes no representations that the platform provided through Third-Party Materials are appropriate or available for use in any particular location. The extent to choose for having access to the Platform or Third-Party Materials, you do so at your own initiative and you are solely responsible for compliance with any or all applicable laws, including but not limited to applicable local laws. Gevinst, and its licensors, reserve the right to change, suspend, remove, or disable access to the Platform at any time without notice. Gevinst will not be liable for the removal of or disabling of access to any services provided through the Platform. Gevinst may also impose limits on the use of or access to the Platform, in any case, and without notice or liability.
Gevinst or any third-party advertisers may display advertisements and promotions on the Platform. The manner, mode, and extent of advertising by Gevinst on the Platform are subject to change. By clicking on any advertisements, you may leave the Platform and can be directed to an external application or website, or to an application or website maintained by an entity other than Gevinst If you decide to visit any such application or website, you do so at your sole risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Gevinst makes no warranty or representation regarding and does not endorse, any linked applications or websites or the information appearing thereon or any of the products or services described.
Gevinst makes no warranty or representation regarding the merchantability, fitness for a particular purpose, availability, efficacy, reliability, or durability of any product or service advertised on the Platform.
The personal information you have submitted through the Platform is no longer found to be accurate, current, or complete, the platform allows you to update these changes using the Platform, but Gevinst reserves the right to use information obtained previously to verify your identity or take other actions that it believes are appropriate.
As a user, you expressly acknowledge and agree that the use of the platform is at your sole risk and that the entire risk as to the satisfactory quality, performance, accuracy, and effort is with you. To the maximum as permitted by applicable law, the services, provided by the platform are provided “as is” and “as available”, with all faults and without warranty of any kind, and Gevinst technologies private limited hereby disclaims all warranties and conditions with respect to the platform and any services, either express, implied or statutory, including, the implied warranties and conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, and non-infringement of third party rights. Gevinst does not warrant interference with your enjoyment of the platform; and the functions contained in or services performed or provided with, the platform will meet your requirements, Gevinst does not warrant that the operation of the platform or services will be uninterrupted or error-free, but defects in the platform or services will be corrected to continue for uninterrupted service. No oral or written information or advice given by Gevinst or its authorized representative shall create a warranty in favor. Whereas some jurisdictions do not allow the exclusion of implied warranties or limitations on the applicable statutory rights of a consumer, in such cases, the above exclusion and limitations will apply to the user to the extent permissible by law.
LIMITATION OF LIABILITY
In no event or under any circumstances Gevinst technologies private limited or any of its subsidiaries or affiliates be liable to you or any person for any direct or indirect, special, consequential or other damages including, without limitation, any lost profits, business interruption, loss of information or programs or other data on the user’s information handling system that are related to the use of, or the inability to use, the services and functions of the platform or respect to any linked web site or mobile application, even if Gevinst is expressly advised of the possibility of such damages.
CHOICE OF LAW
NO THIRD-PARTY BENEFICIARIES
This contract is solely for your benefit and the benefit of Gevinst.
As a user if you have any concerns, complaints or grievances about other users or their manner of use of the Platform, including their use of the Platform in any manner to harass or abuse, stalk, bully, threaten or defame, impersonate, gamble, exhibit or transmit sexually explicit, pornographic, pedophilic content, promulgation or hate speech, carry out illegal
activities or otherwise infringe or violate your rights including the patent, copyright, trademark, trade secret or other proprietary rights, please feel free to contact the Grievance Officer time at:
• Name: Grievance Officer – Gevinst Technologies
• Contact Details: support@Gevinsttech.com
END USER ACKNOWLEDGEMENT AND AGREEMENT