Summary of the terms & conditions
As a user of SMS GupShup you agree to:
- Not host, display, upload, modify, publish, transmit, update or share any information that
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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;
- harm minors in any way
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
- You also agree to provide SMS GupShup with authentic information such as name, location etc. where required. Any phone number used to register with the site needs to be registered in your name and you might be asked to provide supporting documents to prove the same.
- Violating the terms & conditions could result in possible criminal action & legal action as well as financial penalties.
- Any information collected from you can be shared with law enforcement agencies when necessary to further any investigations which violates our terms and conditions.
- In case of any grievances regarding any content on GupShup, please write to the Grievances Officer at firstname.lastname@example.org
Details of Grievance officer
Mr. Dhirendra Kumar
101, Silver Metropolis, 1st Floor, Western Express Highway,
Goregaon (East), Mumbai 400063, India.
1. Your relationship with GupShup:
1.1 Your use of GupShup"s GupShup services (which includes GupShup SMS service and the necessary products and software used thereof for providing GupShup services) and this web site (hereinafter individually referred to as the "Service" and collectively referred to as the "Services" in this document; and excluding any services provided to you by GupShup under a separate written agreement) is subject to the terms of this legal agreement between you and GupShup. "GupShup" means GupShup Technology (India) Private Limited, whose principal place of business is at 101, Silver Metropolis, 1st Floor, Western Express Highway, Goregaon (East), Mumbai 400063, India. GupShup service is an entertainment service that enables users to create unique profiles (which are made available on the Web and/or mobile devices) and provides users with access to a collection of services and resources, including various communication tools, content, applications, and programming offered from time to time through its network of properties. Please note that profile information provided for the Service will be publicly available for viewing and should be regarded for entertainment purposes only. However, at present, the Service provides a feature to make the profile information private and in such case it will be available for viewing to all the members (i.e. all persons who are registered online with GupShup service) of the respective GupShup group ("GupShup Group"). One benefit of the GupShup service is to enable users to meet and interact with other users. This document explains how the agreement is made up, and sets out some of the terms of the agreement.
1.2 Unless otherwise agreed in writing with GupShup, your agreement with GupShup will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
1.3 Your agreement with GupShup will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to the Services, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and GupShup in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms:
2.1 By using the Services, you agree that you have read and understood these Terms and you agree to be bound by these Terms and use the Services in compliance with these Terms. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT CLICK THE "I AGREE" BOX BELOW, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE WEBSITE. You expressly represent and warrant that you will not use the Service if you do not understand, agree to become a party to, and abide by all of the Terms specified below. Violation of these Terms can result in legal liability to you. Nothing in these Terms should be construed to confer any rights to third party beneficiaries.
For purposes of these Terms, "we", "us" "our" "GupShup" "GupShup" "company" refers to GupShup Technology (India) Private Limited, and its directors, officers, agents, employees and representatives (collectively, "GupShup"), and "you", "your" and "yours" refers to you, the customer using the Service who indicates his/her acceptance/rejection of these Terms below.
2.2 You can accept the Terms by:
a. clicking to accept or agree to the Terms, where this option is made available to you by GupShup in the user interface for any Service; or
b. by actually using the Services. In this case, you understand and agree that GupShup will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with GupShup, or (b) you are a person barred from receiving the Services under the laws of India or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the GupShup service:
GupShup may, at its sole discretion and without giving any notice or obtaining your consent, provide you the GupShup service or any part thereof in English language and/or in any other language as it may desire/determine from time to time.
4. Provision of the Services by GupShup:
4.1 GupShup has affiliated legal entities around the world ("Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of GupShup itself. You acknowledge and agree that Affiliates will be entitled to provide the Services to you.
4.2 GupShup is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which GupShup provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that GupShup may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at GupShup"s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform GupShup when you stop using the Services.
4.4 You acknowledge and agree that if GupShup disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge that you are aware of the fact that GupShup has fixed certain upper limits on the number of transmissions (including SMS communications) you may send or receive through the Services or on the amount of storage space used for the provision of any Service and you agree that you will not cross/exceed the fixed upper limit on the number of transmissions (including SMS communications) you may send or receive through the Services or on the amount of storage space used for the provision of any Service, except in the manner provided by GupShup.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to GupShup will always be true, accurate, correct, complete and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by GupShup, unless you have been specifically allowed to do so in a separate agreement with GupShup.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with GupShup, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that GupShup has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which GupShup may suffer) of any such breach.
5.7 You agree to not promote or market other 3rd party social messaging services on SMS GupShup platform. Violation of this clause could result in termination of account
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to GupShup for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify GupShup immediately at contact us
7. Access to the Service / Modifications to the Service:
7.1 GupShup is a platform that uses SMS push pipes as obtained from SMS aggregators and mobile carriers. While GupShup makes all attempts and ensures that the SMS traffic is routed most efficiently and effectively it has no control over inherent network congestion and delays.
7.2 We do not provide you with the equipment to access the Services. You are responsible for all fees charged by third parties to access the Service (e.g., charges to send SMS messages, or data charges by wireless carriers).
7.3 We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or parts thereof, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees that you have paid in advance if we permanently discontinue the Service and you have already paid the subscription fees.
7.4 GupShup and its community representatives reserve the right to communicate directly with users through any of the community tools provided, as well as to use automation to do some or all parts of their jobs, including the removal of photos, pornography, or hate communications, as well as to communicate with users through the Web site, mobile phone applications, or text messaging, with the objective of encouraging users to become active users of the community. For security purposes, community representatives may use simulated or assumed identities, photos and interests in their profiles. You agree that your public profile information, including but not limited to your display name, photograph, interests, telephone numbers, mobile phone applications, or text messaging and greeting may be utilized by the community representatives to encourage other users to communicate with you or to interact with the Service.
7.5 You agree that GupShup can, at its sole discretion, add tag line footer messages, help messages, branding messages, and internal advertisements (whether internal, contextual or any other advertisement) at the end of all GupShup group messages sent by you.
7.6.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
7.6.2 Except as may be expressly permitted by applicable laws or authorized by us in writing, you will not (and you will not permit/allow/abet anyone else to):
- Store, copy, modify, distribute, publish or resell any of any information; audio, visual, and audiovisual works; or other content made available on the Website ("Website Content") or compile or collect any Website Content as a part of database or other work;
- Use any automated tool (e.g., robots, spiders) to avail the Service or store, copy, modify, distribute, or resell any Website Content;
- Rent, lease, or sublicense your access to the Services to another person;
- Avail the Services or use the Website Content for any purpose except for your own personal use;
- Circumvent or disable any digital rights management, usage rules, or other security features of the Service;
- Use the Service in a manner that threatens the integrity, performance, or availability of the Services; or
- Remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Services or Website Content.
7.6.3 You specifically agree that your any groups/posts/community will be permanently blocked (i.e. it may not be unblocked in future under any circumstances without assigning any reason thereof) in the event of committing or attempt to commit any or all of the following type of activities :
- Morphing content which is blocked by our spam filters. For e.g. posting a mobile number in the message by adding alphabets, words or special characters in the same, so as to pass through our spam filters.
- Posting content which is prohibited. For e.g. posts related to terrorism, obscenity, vulgarity, defamation, hate or religious disharmony.
- Posting advertisements or commercial content, without our written permission to do so.
- Contacting and/ or harassing and/ or threatening and/ or influencing GupShup or its associates or any of its users and/or any attempt of the same whether directly or indirectly by any means or modes e.g. via email, SMS, phone or in person other than communicating through http://www.emailmeform.com/builder/form/85J48tVD41Z3of9; to do anything beyond the GupShup Terms or Policy framework or any law of the land.
- Contravenes any or all of the terms and/or policy of the GupShup.
7.6.4 You agree not to do any of the following actions while using the Services (especially GupShup services):
- Harass, "stalk", threaten, embarrass or cause distress or discomfort upon another GupShup participant, user, or other individual or entity or in group;
- Upload, post, email, SMS, or otherwise transmit via the Services any Content that GupShup considers to be unlawful, harmful, threatening, abusive, harassing, defamatory,
- Upload, post, email, SMS, or otherwise transmit any material that contains pornography, obscenity or content that can be found offensive by any race, religion, group, sex, community
- Upload, post, email, SMS, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment;
- Upload, post, email, SMS, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
- Cause any screen in the Services to "scroll" faster than other users are able to type to it or any action to a similar disruptive effect;
- Impersonate in the Services any person, including but not limited to, GupShup official, forum leader, guide or host;
- State or imply that Content you post or transmit through the Services is created or endorsed by GupShup, nor design it in such a way to imply such creation or endorsement;
- Disrupt the normal flow of dialogue within the Services or otherwise act in a manner that negatively affects other participants;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Services;
- Collect or store personal data about other users;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Services or in connection with your use of the Services in any manner;
- Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services.
- Provide or send any content which may be harmful or detrimental to GupShup or its business associates, or which violates any restriction or policy established by GupShup or its business associates.
- In addition, you understand and acknowledge that differing countries, societies and governments may hold their citizens, companies and visitors to a different standard of conduct and speech (legal, ethical, moral and/or religious), and in this regard your Services may be terminated if they offend the conduct and speech standards of the country they are in or are transmitting in to. Considerations include:
- The sensibilities of the recipient of the transmissions whether they hold a difference religious or ethical viewpoint, are of a different race or heritage, have a mental disorder or handicap, or any other person having special circumstances;
- Transmissions to or aimed at an audience of children (persons under the age of 18) that include references to sexual practices and/or containing inappropriate or offensive language; and
- Content which promotes or incites terrorism, the misuse of weapons, or encourages or incites a person to commit a criminal offense.
Note on unsolicited advertising and spam: GupShup policy on using our communication system to market to our users mandates that:
- The sender of any message deemed to be "spam", "marketing" or "mail bombing" to any other user or users will be liable for Rs. 5,000/- for each account/user that receives each unauthorized message, commercial (promoting services of a commercial entity) or not.
- The sender will pay all fees owed to GupShup within thirty (30) days of such transmission. [Note: this means that if a message like the one described above is sent to a club/group of 100 users, or to one user 100 times, then you will be liable for Rs. 5,00,000/-, payable to GupShup, within 30 days].
7.6.5 You acknowledge that GupShup doesn't pre-screen Content, but that GupShup and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Services. Without limitation, GupShup shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by GupShup, transmitted through the Services, or submitted to GupShup. You acknowledge and agree that GupShup may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GupShup, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. Content in the Services:
8.1 You understand that all information (such as files, graphics, links, messages, data files, written text, software, music, audio files or other sounds, photographs, videos or other images, communication or other materials), whether publicly posted or privately transmitted, which you may have access to as part of, or through your use of the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content". GupShup does not control the Content posted or transmitted in any way via the Services and, as such, does not guarantee the accuracy, integrity or quality, completeness, reliability, fitness for any particular purpose or usefulness of such Content.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to GupShup (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by GupShup or by the owners of that Content, in a separate agreement.
GupShup reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, GupShup may provide for filtering of certain explicit content (such as explicit sexual content, contents provoking violence, drug, strong racial/ethnic slurs or any other content which the GupShup considers explicit or unacceptable or unreasonable). If you come across any such explicit content while availing the Service, you may report the same to GupShup at http://www.emailmeform.com/builder/form/85J48tVD41Z3of9
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that GupShup has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which GupShup may suffer) by doing so.
8.6 You agree to resolve directly and exclusively with third parties any disputes you may have about Content that they have posted or transmitted via the Services. In this regard, you understand that GupShup does not monitor or control the Content posted by others, and instead simply provides a service by allowing users to access information that has been made available.
9. Proprietary rights:
9.1 You acknowledge and agree that GupShup (or GupShup"s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by GupShup and that you shall not disclose such information without GupShup"s prior written consent.
9.2 Unless you have agreed otherwise in writing with GupShup, nothing in the Terms gives you a right to use any of GupShup"s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
If you have been given an explicit right to use any of these brand features in a separate written agreement with GupShup, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and GupShup's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at Branding Guidelines
9.4 Other than the limited license set forth in Section 11, GupShup acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with GupShup, you agree that you are responsible for protecting and enforcing those rights and that GupShup has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo or any other Intellectual Properties of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos or other Intellectual Properties, unless you have good right, full power and authority to use such respective marks, names or logos or other Intellectual Properties.
10. License from GupShup:
10.1 Subject to the terms of this Agreement, GupShup grants to you a limited, personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use the software provided to you by GupShup as part of the Services as provided to you by GupShup (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services on a single mobile device, in each case solely to use the Services to the extent you have the right to access the Services, as provided by GupShup, in the manner permitted by the Terms. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Service is protected by applicable intellectual property laws, including the Indian Copyright law (i.e. the Copyright Act, 1957) and other international treaties.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by GupShup, in writing.
10.3 Unless GupShup has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Unless otherwise noted, the Services are provided to you free of charge. However, GupShup is not liable for any charges levied upon you by your service provider or wireless carrier. In addition, you must provide and are responsible for all equipment necessary to access the Services.
11.1 GupShup also provides you with GupShup credits ("GupShup credits" or "credits") which constitutes a limited license right to purchase certain features, purchase premium subscriptions or other virtual items (hereinafter referred to individually as "Paid Service" and collectively as "Paid Services") sold through our Service. GupShup credits may be referred as "credits" or "Rs." within our Service.
11.2 GupShup may charge fees for the right to purchase and use GupShup credits, or may distribute them without charge, in its sole discretion. You can pay these fees using the billing methods listed by us.
11.3 Regardless of the terminology used, GupShup credits represent a limited license right governed solely under this Agreement. GupShup credits have no monetary value and are non-refundable.
11.4 GupShup has absolute right to manage, regulate, control, modify and/or eliminate GupShup credits as it sees fit in its sole discretion and that GupShup will have no liability to you based on its exercise of such right.
11.5 Information about fees and charges required to access the Paid Services will be available to you through the Service. The fees and charges are inclusive of all applicable taxes.
11.6 GupShup may add new services for additional fees and charges or may proactively amend fees and charges for existing services, at any time in its sole discretion. Fees stated at the beginning to the delivery apply.
11.7 If you purchase any subscription based Paid Service, you authorize GupShup to charge you applicable fees at the beginning of every subscription period.
11.8 Paid Services may be provided to our beta users for free. All beta users will be expected to pay applicable fees at the end of beta period to ensure uninterrupted access to the Paid Services.
11.9 You agree that the billing credentials provided by you for availing purchasing GupShup credits the Paid Services will be correct, accurate and you shall not use billing credentials that are not lawfully owned by you.
: You can cancel your access to the Paid Services using one of the methods listed in the Service or by contacting our customer support by email at http://www.emailmeform.com/builder/form/85J48tVD41Z3of9
. We strive to respond to all requests within one business day. You will not be charged for the Paid Service after cancellation.
: If you dispute any charges, you must notify us in writing or email at http://www.emailmeform.com/builder/form/85J48tVD41Z3of9
within thirty (30) days of any such payment. Failure to notify us shall result in waiver by you of any claims related to such disputed payment. Any refund will be provided in the form of GupShup credits and will be at the sole discretion of GupShup and on a pro-rata basis for the unused portion of the Paid Service only.
Your access to the Paid Services will be suspended on non-payment of applicable fees and charges. You may reinstate your access to the service after payment of all pending charges through the Service or by contacting our customer support by email at http://www.emailmeform.com/builder/form/85J48tVD41Z3of9
11.13 Unless you have been specifically permitted to do so in a separate agreement with GupShup, you agree that you shall not and procure that any third party shall not resell GupShup credits and the Paid Services for any purpose.
11.14 Fees and charges shall be calculated solely based on records maintained by Webroo. No other information of any kind shall be acceptable by us or have any effect under this agreement.
12. Content licence from you:
12.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give GupShup a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling GupShup to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
12.2 You agree that this license includes a right for GupShup to make such Content available to other companies, organizations or individuals with whom GupShup has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
12.3 You understand that GupShup, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit GupShup to take these actions.
12.4 You confirm and warrant to GupShup that you have all the rights, power and authority necessary to grant the above license.
12.5 You are solely responsible for any content that you submit post or transmit via our Software and Service. You agree not to post any content that: is libelous, defamatory, and slanderous; contains sexually explicit content; may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise; encourages or depicts glamorized drug use; makes use of offensive language; characterizes violence as acceptable, glamorous or desirable.
12. Software updates:
13.1 The Software which you use may automatically download and install updates from time to time from GupShup. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit GupShup to deliver these to you) as part of your use of the Services.
14.1 The Terms will continue to apply until terminated by either you or GupShup as set out below.
14.2 If you want to terminate your legal agreement with GupShup, you may do so by (a) notifying GupShup at any time and (b) closing your accounts for all of the Services which you use, where GupShup has made this option available to you. Your notice should be sent, in writing, to GupShup"s address which is set out at the beginning of these Terms.
14.3 GupShup may at any time, terminate its legal agreement with you if:
- You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- GupShup is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- The partner with whom GupShup offered the Services to you has terminated its relationship with GupShup or ceased to offer the Services to you; or
- The provision of the Services to you by GupShup is, in GupShup's opinion, no longer commercially viable.
14.4 Nothing in this Section shall affect GupShup's rights regarding provision of Services under Section 4 of the Terms.
14.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and GupShup have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
15. EXCLUSION OF WARRANTIES:
15.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT GUPSHUP'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
15.3 IN PARTICULAR, GUPSHUP, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
15.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
15.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GUPSHUP OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
15.6 GUPSHUP FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
16. LIMITATION OF LIABILITY
16.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GUPSHUP, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- ANY CHANGES WHICH GUPSHUP MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED (INCLUDING DATA SENT VIA SMS) BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE GUPSHUP WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
16.2 THE LIMITATIONS ON GUPSHUP'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT GUPSHUP HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
17. Copyright and trade mark policies
17.1 It is GupShup's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in India, the Copyright Act, 1957) and to terminating the accounts of repeat infringers.
17.2 Copyright Infringement Claim:
GupShup complies with the provisions of the Digital Millennium Copyright Act (DMCA) and the Indian Copyright Act, 1957. If you have a concern regarding the use of copyrighted material accessible through any portion of the GupShup service, please contact the agent designated to respond to reports alleging copyright infringement. The infringement claims must be made in writing:
c/o GupShup Technology (India) Private Limited.
101, Silver Metropolis, 1st Floor
Western Express Highway, Goregaon (East)
Mumbai 400063, India.
By phone: +91 (22) 2572-0991
By fax: +91 (22) 2572-1927
By email: email@example.com
The DMCA/Indian Copyright Act, 1957 requires you to include the following information: A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf; GupShup may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide GupShup's Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your up-to-date and complete address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner/author or authorized to act on the copyright or intellectual property owner's behalf.
- The true, correct, accurate, up-to-date and complete information about the registration of the Copyright (including copyright registration number, date of registration, tenure of availability of copyright etc.), if the copyright is registered.
Please include all such information when corresponding with GupShup's registered agent.
18.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
18.2 The manner, mode and extent of advertising by GupShup on the Services are subject to change without specific notice to you.
18.3 In consideration for GupShup granting you access to and use of the Services, you agree that GupShup may place such advertising on the Services.
. This policy explains how GupShup treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with GupShup's privacy policies.
19. Other content
19.1 The Services may include hyperlinks to other web sites or content or resources. GupShup may have no control over any web sites or resources which are provided by companies or persons other than GupShup.
19.2 You acknowledge and agree that GupShup is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
19.3 You acknowledge and agree that GupShup is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
20. Changes to the Terms
20.1 GupShup may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, GupShup will make a new copy of the Universal Terms available at terms and any new Additional Terms will be made available to you from within, or through, the affected Services.
20.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, GupShup will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20A. Indemnity You hereby indemnify and hold GupShup, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, costs, damages, expenses, and liability caused by your use of the Service, Software, or Service Content, your violation of this Agreement, or your violation of any rights of a third party through use of the Service, Software, or Service Content
21. General legal terms
21.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
21.2 The Terms constitute the whole legal agreement between you and GupShup and govern your use of the Services (but excluding any services which GupShup may provide to you under a separate written agreement), and completely replace any prior agreements between you and GupShup in relation to the Services.
21.3 You agree that GupShup may provide you with notices, including those regarding changes to the Terms, by SMS text message, email, regular mail, or postings on the Services.
21.4 You agree that if GupShup does not exercise or enforce any legal right or remedy which is contained in the Terms (or which GupShup has the benefit of under any applicable law), this will not be taken to be a formal waiver of GupShup"s rights and that those rights or remedies will still be available to GupShup.
21.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
21.6 You acknowledge and agree that each member of the group of companies of which GupShup is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
21.7 Legal Notices: The Terms, and your relationship with GupShup under the Terms, shall be governed by the laws of India without regard to its conflict of laws provisions. Any legal actions against GupShup must be commenced at Mumbai in the State of Maharashtra within one year after the claim arose. You consent to the exclusive jurisdiction and venue of the state courts of competent jurisdiction located at Mumbai in the State of Maharashtra. You and GupShup agree to submit to the exclusive jurisdiction of the courts located within the country of India to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that GupShup shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
GupShup makes no representation that the Services or Software is appropriate or available for use in all countries, and prohibits accessing the Services or Software from any jurisdiction that does not enforce agreements with respect to governing law, including without limitation the governing law provision in the foregoing paragraph. You access the Services or Software on your own initiative and at your own risk and are responsible for compliance with all laws applicable to your use of the Service or Software. Please note that the Service and Software is hosted on the computer servers not located in India and therefore, any and all data, information or any other personally identifiable data submitted to us by you, whether directly or indirectly, in connection with the Services or Software may be transferred to the country in which the server is located (and we would be bound by relevant of laws of that country), a jurisdiction that might not provide an equivalent level of protection as the data protection laws in your home country. You agree that by using of the Service or Software or submitting any personally identifiable information you thereby expressly consent to and authorize these transfers.
If you have any questions or concerns about this Service and License Agreement or the Service or Software, please send us a thorough description by email to http://www.emailmeform.com/builder/form/85J48tVD41Z3of9
. We strive to respond to all customer requests within the next business day.
GupShup can also be reached at its registered office in Mumbai. The address is as follows: 101, Silver Metropolis, 1st Floor, Western Express Highway, Goregaon (East), Mumbai 400063, India.