Terms of Use
1 – Acceptance of Terms
Gigin Technologies Private Limited (“Gigin” / “we/us”) owns and operates the
products, software, services and websites including www.giginjobs.com (collectively,
the “Website”). By using and registering with Gigin, you (“User” or “you/your”) hereby
agree to the following general terms and conditions (henceforth referred to as “the
Terms of Use”). Registration with Gigin creates a valid contract between the you/User
and Gigin and the Website may be accessed by you only if you fully comply with the
terms of use described herein.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE
SERVICES (AS DEFINED BELOW). BY ACCESSING THE WEBSITE, USING
CONTENT OR USING ANY PART OF THE WEBSITE OR ANY SERVICES, YOU
AGREE TO BECOME BOUND BY THESE TERMS OF USE, INCLUDING
DISCLAIMERS OF WARRANTIES, BINDING ARBITRATION, WAIVER OF A RIGHT
FOR A LEGAL DISPUTE UNDER INDIAN LAW OR ANY OTHER APPLICABLE
INTERNATIONAL LAWS. IF YOU DO NOT AGREE TO ALL THE TERMS AND
CONDITIONS HEREUNDER, THEN YOU MAY NOT ACCESS THE WEBSITE OR
USE CONTENT OR ANY SERVICES. GIGIN’S ACCEPTANCE IS EXPRESSLY
CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS OF USE, TO
THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS OF USE ARE
CONSIDERED AN OFFER BY GIGIN, ACCEPTANCE IS EXPRESSLY LIMITED TO
THESE TERMS.
YOU ACKNOWLEDGE AND UNDERSTAND THAT GIGIN IS A PRIVATE LIMITED
COMPANY AND IS NOT AN ENTITY THAT IS ADMINISTERED BY GOVERNMENT
ORGANIZATION.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOUR USE OF THE SERVICES
DOES NOT GUARANTEE YOU ANY PARTICULAR OUTCOME OR SUCCESS, OR
THAT YOU WILL OBTAIN EMPLOYMENT THROUGH THE SERVICES.
2 – Eligibility
The Services are extended all over the world. To receive the Services you must be
either a company or, if you are an individual, at least 13 years old. If you are between
13 years and 18 years old, your legal guardian must read these Terms of Use. If you
are the parent or legal guardian of a user of the Services who is under 18 years old,
you consent to such user’s use of the Services, assume the obligations provided in
these Terms of Use, and assume full responsibility for such user’s use of the Services.
If you do not so qualify, do not attempt to use the Services. These Terms of Use will
be void and without effect, and you will not be eligible to use any Services, if you do
not satisfy this age requirement and further Gigin shall not be held liable to You / User,
in any manner whatsoever under this Terms of Use.
3 – Modifications of Terms Of Use
Gigin reserves the right, at its sole discretion, to modify or replace the Terms of Use
at any time. You shall be responsible for regularly reviewing these terms and becoming
familiar with any such modifications. Your use of the Services following any
modification constitutes your acceptance of the terms and conditions of these Terms
of Use, as modified. In addition, when using particular Gigin owned or operated
services, you and Gigin shall be subject to any posted guidelines or rules applicable
to such services, which may be posted from time to time. All such guidelines or rules
are hereby incorporated by reference into the Terms of Use.
4 – Description of Services
Subject to full compliance with the Terms of Use, Gigin shall provide you the Services.
“Services” may include, but not be limited to, the storage, management, sharing,
linking and provision of information, media, document files and the like (including, but
not limited to text, user comments, messages, information, data, graphics,
photographs, images, illustrations, software, audio, video, Gigin product information,
Gigin services information and similar materials provided by Gigin or third-party users,
also collectively known as “Content”). The Services that Gigin provides are always
evolving and the form and nature of the Services that Gigin provides may change from
time to time without prior notice to you. Gigin may change, suspend or discontinue the
Services or any Content for any reason, at any time, including the availability of any
feature or part of Content. Gigin may also impose limits on the Services or restrict your
access to parts or all of the Services without notice or liability. You understand and
agree that the Services are provided “AS-IS” and that Gigin assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user communications,
personalization settings or Content. You are responsible for obtaining access to the
Services, and that access may involve third-party fees (such as internet service
provider or airtime charges). In addition, you must provide and are responsible for all
equipment necessary to access the Services.
The Services may include advertisements, which may be targeted to Content or
information on the Services, queries made through the Services, or other information.
The types and extent of advertising by Gigin on the Services are subject to change.
In consideration for Gigin granting you access to and use of the Services, you agree
that Gigin and its third-party service providers and partners may place such advertising
on the Services or in connection with the display of Content or information from the
Services whether submitted by you or others.
5 – Your Registration Obligations
To use some of the Services, you may be required to create an account and provide
information to Gigin. In consideration of your use of the Services, you represent that
you have the legal authority to form a binding contract and are not a person or
company barred from receiving Services under any applicable laws of India or other
applicable jurisdiction. By creating an account, you also represent that you are eligible
(as described above) of at least 13 years old (and if you are between 13 and 18 years
old, you must have your legal guardian read these Terms of Use in their entirety). You
also agree to: (a) provide true, accurate, current and complete information about
yourself as prompted by the Services’ registration form as set forth below and (b)
maintain and promptly update such information to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not current or
incomplete, or Gigin has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Gigin has the right to suspend or
terminate your account and refuse any and all current or future use of the Services (or
any portion thereof). As a condition to using portions of the Services, you may be
required to register with Gigin and provide a valid email address, select a password
and personalized site name (“Registration Data”). All information you provide to Gigin
shall be accurate, complete, and updated. You may not (i) select or use as a
personalized site name a name of another person with the intent to impersonate that
person; (ii) use as a personalized site name a name subject to any rights of a person
other than you without appropriate authorization; or (iii) use as a personalized site
name a name that is otherwise offensive, vulgar or obscene as determined by Gigin.
Gigin reserves the right to refuse registration of, or cancel a personalized site name in
its sole discretion. You will receive an account designation upon completing the
Services’ registration process. You are responsible for maintaining the confidentiality
of the Registration Data and account and are fully responsible for all activities that
occur under your Registration Data or account. You agree to (a) immediately notify
Gigin of any unauthorized use of your Registration Data or account or any other breach
of security, and (b) ensure that you exit from your account at the end of each session.
Gigin cannot and will not be liable, in any manner whatsoever, for any loss or damage
arising from your failure to comply with this Section.
6 – User Conduct
You understand that all Content, whether publicly posted or privately transmitted, is
the sole responsibility of the person or company from whom such Content originated.
This means that you, and not Gigin, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available to avail the Services. Gigin
does not control Content posted via the Services and, as such, does not guarantee
the accuracy, integrity or quality of such Content.
As a condition of use, you promise not to use the Services for any purpose that is
unlawful or prohibited by these Terms of Use, or any other purpose not reasonably
intended by Gigin. Gigin reserves the right to remove any Content without notice –
Gigin may at any time remove posted material. Gigin further reserves the right to
terminate providing Services to you as determined in its sole and absolute discretion.
Accordingly, without limitation, you agree not to use the Services:
o to abuse, harass, threaten, impersonate or intimidate any person or entity;
o to access, post, email, download, reproduce, display, perform, distribute or
otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party, or that is
unlawful, harmful, threatening, vulgar, invasive of another’s privacy, libellous,
defamatory, obscene, pornographic, promotes illegal activities, violent, racist,
sexist, homophobic, discriminatory, abusive, or offensive;
o to post or transmit, or cause to be posted or transmitted, any communication or
solicitation designed or intended to obtain password, account, or private
information from any other user;
o to create or submit unwanted / spam email to any other user or any URL;
o to stalk another user;
o after Gigin has refused registration of, or cancelled your account, whether by
attempting to register using a different email address, personalized site name
or otherwise, to circumvent the account registration process;
o for the benefit of any third party (which shall include, without limitation, allowing
more than one person to use a Services account) when not expressly
authorized by Gigin;
o to harm minors in any way;
o to upload, email, transmit or otherwise make available Content in violation of
any contractual or other legal obligation, to which you are bound;
o to upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
o to interfere with or disrupt the Services or servers or networks connected to the
Services, or disobey any requirements, procedures, policies or regulations of
networks connected to the Services;
o to intentionally or unintentionally violate any applicable local, state, national or
international law;
o to provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any
organization(s) designated by the Indian government as a foreign terrorist
organization pursuant to all the relevant Acts;
o to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial
purposes, any portion of the Services (including your Gigin ID), use of the
Services, or access to the Services;
o to promote or endorse any political issues or candidates;
o to collect or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs above;
o to link to any website with Content that is offensive, indecent or objectionable;
and/or
o to make offers or solicitations that are not valid, not honored, misrepresentative,
illegal or inappropriate.
Additionally, you agree that you will not: (i) take any action that imposes, or may
impose, which in Gigin’s sole discretion, constitutes an unreasonable or
disproportionately large load on Gigin’s infrastructure; (ii) interfere or attempt to
interfere with the proper working of the Services or any activities conducted ancillary
to the Services; or (iii) bypass any measures Gigin may use to prevent or restrict
access to the Services.
Your use of any information learned through the Services or while using the Website
is limited to the express purposes set forth in these Terms of Use; all other uses,
including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.
You acknowledge that Gigin does not pre-screen Content, but that Gigin and its
designees shall have the right (but not the obligation) in their sole and absolute
discretion to pre-screen, refuse, or remove any Content that is posted to avail the
Services. Without limiting the foregoing, Gigin and its designees shall have the right
to remove or refuse to distribute any Content that violates the Terms of Use or is
otherwise objectionable and to terminate the use or discontinue Services. 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 Gigin
or submitted to Gigin, including without limitation information in all other parts of the
Services/Website.
You acknowledge, consent and agree that Gigin may access, preserve and disclose
your account information and Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary to: (a)
comply with any applicable law, regulation, legal process or governmental request; (b)
enforce the Terms of Use; (c) respond to claims that any Content violates the rights of
third parties; (d) respond to your requests for customer service; or (e) protect the rights,
property or personal safety of Gigin, its users and the public. You can learn more about
how Gigin treats information collected through the Services and the Website by
reading Gigin’s Privacy Policy.
You understand that the technical processing and transmission of the Services,
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.
You understand that when using the Services, you will be exposed to Content from a
variety of sources, and that Gigin is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such Content. You further
understand and acknowledge that you may be exposed to Content that is inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do waive,
any legal or equitable rights or remedies you have or may have against Gigin with
respect thereto, and, to the extent permitted by applicable law, agree to indemnify and
hold harmless Gigin, its owners, operators, affiliates, licensors, and licensees to the
fullest extent allowed by law regarding all matters related to your use of the Services.
Under no circumstances will Gigin be liable in any way for any Content, including, but
not limited to, any errors or omissions in any Content, or any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Services or broadcast elsewhere.
Please report any violation of the Terms of Use from following webpage:
www.giginjobs.com/contact/
7 – Proprietary Rights
Gigin respects the intellectual property of others and asks Users to do the same. If you
believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have otherwise been violated, please
send Gigin a notification, under the Digital Millennium Copyright Act 1998 (“DMCA”),
from webpage www.giginjobs.com/contact/ Please include the following, as required
by the DMCA:
• Identify the copyrighted work(s) you claim is infringed.
• Identify the Content you claim is infringing the copyright(s), and provide enough
information for Gigin to reasonably locate that Content.
• Include a physical or electronic signature of the copyright owner or a person
authorized to act on the copyright owner’s behalf (the “Claimant”).
• Include the Claimant’s name, address, and telephone number(s).
• Include a statement that the Claimant has a good faith belief that use of the
disputed Content is not authorized by the copyright owner or his/her agent.
• Include a statement, under penalty of perjury, that the information in the
notification of copyright infringement is accurate and that the Claimant is
authorized to act on behalf of the copyright owner.
When Gigin receives an infringement notice with all the required information (as
mentioned above) and are able to locate the allegedly infringing Content, Gigin will
remove or disable access to the subject Content. Gigin will also take reasonable steps
to promptly notify the person who posted the subject Content. Gigin will give them the
opportunity to send a counter-notification. A counter-notification must include the
following, to be effective under DMCA:
• A physical or electronic signature of the person submitting the counter-
notification;
• Identification of the Content that was removed or to which access was disabled
and the location at which the Content appeared before it was removed or
access to it was disabled;
• A statement under penalty of perjury that the Content was removed or disabled
due to mistake or misidentification of the Content removed or disabled;
• The name, address, email address and telephone number of the person
submitting the counter-notification;
• A statement that the person submitting the counter-notification consents to the
jurisdiction decided by Gigin.
Moreover, Gigin may take any action it deems appropriate (in its sole and absolute
discretion), including, without limitation, removing, terminating or suspending any
Content provided by you or any third party, if Gigin believes for any reason that you or
any third party possesses insufficient rights in Content to permit full use or access
through the Website.
All intellectual property rights in and to the Services and Website are and shall be
owned by Gigin, absolutely. Those rights include, but are not limited to, database
rights, copyright, design rights (whether registered or unregistered), patents,
trademarks (whether registered or unregistered) and other similar rights, wherever
existing in the world, together with the right to apply for protection of the same. All
other trademarks, logos, service marks, company or product names set forth in the
Service are the property of their respective owners.
Gigin’s Rights and Limitation on use by User: As between Gigin and you, Gigin and its
affiliates and licensors own and retain all rights in the Services, which contain
proprietary and confidential information that is protected by applicable intellectual
property and other laws. Except as expressly authorized by Gigin and except to the
limited extent expressly prohibited by applicable law, you may not (nor permit others
to) –
a) use the Website to post, send, transmit or otherwise make available any unsolicited
or unauthorised email messages, advertising, promotional materials, junk mail, spam,
or chain letters;
b) remove any copyright, trademark or other proprietary notices from any portion of
the Website;
c) reproduce, modify, prepare derivative works based upon, distribute, license, lease,
sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or
otherwise exploit the Website except as expressly permitted by OL;
d) decompile, reverse engineer, copy, modify, disassemble publish, transmit,
distribute, perform, display or sell any of Gigin’s proprietary information, Website or
the software, if any, provided, Gigin’s trademarks and service marks and other Gigin’s
logos, product and service names. Also, User agrees not to display or use, in any
manner whatsoever, any of the Gigin’s intellectual property. Moreover, any attempt to
use any “spider”, “robot”, “bot”, “scraper” “data miner” or any program, device,
algorithm, process or methodology to access, acquire, copy or monitor the Website or
pages, data or content found on the Website for the purpose of scraping the Services
or Content is expressly prohibited.
e) cause or launch any programs or scripts for the purpose of scraping, indexing,
surveying, or otherwise data mining any portion of the Website or unduly burdening or
hindering the operation and/or functionality of any aspect of the Website or software
or any other computer system including by introduction of any virus, Trojan horses,
worms, time bombs or such material;
f) attempt to gain unauthorized access to or impair any aspect of the Website or its
related systems or networks;
g) re-sell, grant any rights to third parties to the Services, lease, time-share, lend or
rent the Website / Services
h) use the Website to host, display, upload, modify, publish, transmit, update or share
any information that (i) belongs to any other person/entity and to which the User do
not have any right to; (ii) is grossly harmful, harassing, blasphemous defamatory,
obscene, pornographic, paedophilic, libellous, 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; (iii) harms
minors in any manner (iv) infringes any patent, trademark, copyright or other
proprietary rights; (v) violates any law which is in force (vi) deceives or misleads the
addressee about the origin of such messages or communicates any information which
is grossly offensive or menacing in nature (vii) impersonates another person/entity (viii)
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
cognisable offence or prevents investigation of any offence or is insulting any other
nation
Notwithstanding anything mentioned herein, the User hereby provides Gigin a royalty-
free, non-transferrable and a limited right and license to use and display the User’s
name, logo, trademark and copyright for the provision for the purpose of Gigin’s
marketing.
Your Rights: It is your responsibility to ensure that you obtain all consents,
authorizations and clearances in any Content owned or controlled by third parties that
you access or communicate to others in connection with the Services. Any copying,
downloading, burning or distribution capabilities with respect to Content shall not
constitute a grant or waiver of any rights of the copyright owners of any Content. The
availability of any Content does not transfer to you any commercial or promotional use
rights in Content.
You or a third-party licensor, as appropriate, retain all patent, trademark and copyright
to any Content you submit, post or display on or through the Website, and you are
responsible for protecting those rights, as appropriate. By submitting, posting or
displaying Content (text, video or content in any form) on or through the Website, you
grant Gigin a worldwide, perpetual, non-exclusive, irrevocable, transferable,
assignable, royalty-free license (with the right to sublicense) to create derivatives of
and to use, store, edit, copy, reproduce, display, archive, reproduce, reprint, process,
modify, such Content on the Website for the purpose of displaying, distributing and
promoting the Services or any other format or channel. You represent that you have
all necessary licenses, rights, consents and permission to provide the user submission
and to grant the foregoing licenses.
You agree that this license includes the right for Gigin to make such Content available
to other companies, organizations or individuals who partner with Gigin for the
syndication, broadcast, distribution or publication of such Content on other media and
services, subject to these Terms of Use for such Content use.
Such additional uses by Gigin, or other companies, organizations or individuals who
partner with Gigin, may be made with no compensation paid to you with respect to
Content that you submit, post, transmit or otherwise make available through the
Website.
You are responsible for your use of the Services, for any Content you provide, and for
any consequences thereof, including the use of your Content by other users and third-
party partners. You understand that your Content may be re-transmitted by Gigin’s
partners and if you do not have the right to submit Content for such use, it may subject
you to liability. Gigin will not be responsible or liable for any use of your Content by
Gigin in accordance with these Terms of Use. You represent and warrant that you
have all the rights, power and authority necessary to grant the rights granted herein to
any Content that you submit.
Subject to your compliance with these Terms of Use, Gigin grants you a personal,
worldwide, royalty-free, non-assignable and non-exclusive license to use the software
that is provided to you by Gigin as part of the Services. This license is for the sole
purpose of enabling you to use and enjoy the benefit of the Services as provided by
Gigin, in the manner permitted by these Terms of Use.
8 – Gigin Privacy Policy
Registration Data and certain other information about you is subject to Gigin’s Privacy
Policy. You understand that through your use of the Website and Services you consent
to the collection and use (as set forth in the Gigin’s Privacy Policy) of his/her/its
personal information, including the transfer of this personal information to India and/or
other countries for storage, processing and use by Gigin and its affiliates. As part of
providing Services to you, Gigin may need to provide you with certain communications,
such as service announcements and administrative messages. These
communications are considered part of the Services, which you may not be able to
opt-out from receiving. For more information on collection, protection and use of
personal information of Users, kindly read the Gigin’s Privacy Policy available at URL:
www.giginjobs.com/privacy/. The Gigin Privacy Policy is subject to modification from
time to time, and such changes are effective upon posting of the modified policy.
9 – Indemnity
You will indemnify, defend and hold harmless Gigin, its directors, subsidiaries,
affiliates, customers, vendors, donors, interns, volunteers, trustees, representatives,
officers and employees from any claims, loss, liability, demands, disputes, damages,
expenses, and costs (including reasonable attorneys’ fees) made by third party in
relation to or in any way arising from (i) your access to the Website, use of the
Services, your Content or violation of any terms of these Terms of Use, or (ii) the
infringement by you, or any third party using your account, of any intellectual property
or other right of any person or entity, or (iii) violation by you of any applicable law.
10 – Warranty Disclaimers
Third Party Content: Much of the Content displayed in connection with the Services is
developed by people over whom Gigin exercises no control. Accordingly, the Services
may include (or direct you to sites containing) Content that some people find
objectionable, inappropriate, or offensive. Gigin cannot guarantee that your use of the
Services and Website will not expose you to unintended or objectionable Content and
Gigin assumes no responsibility, in any manner whatsoever, for what effects the
Content may have on you, how you may interpret or use the Content, or what actions
you may take as a result of having been exposed to the Content. You hereby release
Gigin from all liability for you having acquired or not acquired Content through the
Services/Website. Gigin makes no representations concerning any Content contained
in or accessed through the Services/Website, and Gigin has not independently verified
any of the information provided from third parties. Furthermore, Gigin will not be
responsible or liable for the accuracy, copyright compliance, legality or decency of
material contained in or accessed through the Services.
GIGIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS,
QUALITY, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE
SPECIFIED IN WRITING. AS SUCH, GIGIN DOES NOT GUARANTEE THE
ACCURACY, CORRECTNESS, TIMELINESS, RELIABILITY, NON-INFRINGEMENT,
OR COMPLETENESS OF ANY INFORMATION OR CONTENT ON THE WEBSITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND CONTENT
IS AT YOUR OWN SOLE RISK.
General Disclaimer. THE SERVICES, CONTENT, AND WEBSITE ARE PROVIDED
ON AN “AS IS” BASIS. GIGIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, DONORS, AGENTS, PARTNERS AND LICENSORS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. GIGIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY
THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL
BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICES/WEBSITE WILL MEET YOUR
EXPECTATIONS; OR (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK,
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIGIN OR THROUGH
OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THESE TERMS OF USE. GIGIN EXPRESSLY DISCLAIMS ANY AND
ALL VICARIOUS LIABILITY.
MOREOVER, THE SERVICES MAY CONTAIN ADVICE, OPINIONS,
INSTRUCTIONS AND STATEMENTS FROM GIGIN, ITS USERS, AND OTHER
CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO
BE USED FOR INFORMATIONAL PURPOSES ONLY. YOU USE THE WEBSITE
AND CONTENT AT YOUR OWN RISK. WE STRONGLY URGE YOU TO CONSULT
A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD
BEFORE USING ANY OF THE CONTENT.
11 – Links
The Websites may provide, or third parties may provide, links to other websites or
other resources. Because Gigin has no control over such sites and resources, you
acknowledge and agree that Gigin is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or liable for
any Content, advertising, products or other materials on or available from/on such sites
or resources. You further acknowledge and agree that Gigin shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or likely to be caused by
or in connection with the use of or reliance on any such Content, goods or services
available on or through any such site or resource. You acknowledge your sole
responsibility for and assume all risk arising from your use of any such websites or
resources. You agree not to provide links from your Content that is not related to your
Content or is inappropriate/illegal/offensive/political/defamatory.
12 – Interstate / International Nature of Communications On Gigin
Network
When you register with Gigin, you acknowledge that in using the Website/Services to
send electronic communications, you will be causing communications to be sent
through Gigin’s computer networks, which are located in India and/or outside India, as
a result of Gigin’s network architecture and business practices and the nature of
electronic communications, regardless of where you are physically located at the time
of transmission. Accordingly, by agreeing to these Terms of Use, you acknowledge
that use of the Services may result in interstate / international data transmissions.
13 – Ideas and Suggestions Made To Gigin
By submitting ideas or suggestions to Gigin through its suggestion web pages, if any,
you acknowledge and agree that: (a) your ideas and suggestions do not contain
confidential or proprietary information; (b) Gigin is not under any obligation of
confidentiality, express or implied, with respect to the ideas or suggestions; (c) Gigin
shall be entitled to use or disclose (or choose not to use or disclose) such ideas and
suggestions for any purpose, in any way, in any media worldwide; (d) Gigin may have
something similar to the ideas or suggestions already under consideration or in
development; (e) your ideas or suggestions automatically become the property of
Gigin without any obligation of Gigin to you; and (f) you are not entitled to any
compensation or reimbursement of any kind from Gigin, under any circumstances, for
submitting any ideas and suggestions to Gigin.
14 – Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIGIN AND ITS
SUBSIDIARIES, AFFILIATES, MEMBERS, DONORS, MANAGERS, OFFICERS,
EMPLOYEES, AGENTS, DIRECTORS AND LICENSORS SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF GIGIN HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION,
CONTENT OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICES/WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU
HOWEVER AGREE THAT GIGIN HAS NO RESPONSIBILITY OR LIABILITY FOR
THE DELETION OR FAILURE TO STORE ANY CONTENT MAINTAINED OR
POSTED BY OR THROUGH THE WEBSITE OR SERVICES.
15 – Modifications to Services
Gigin reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Services (or any part thereof) with or without any prior
notice to you. You agree that Gigin shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Services.
16 – Termination
Gigin will endeavor to notify you when your right to access the Services and Website
is about to expire. Upon the expiration of your Services, Gigin maintains the right to
delete Content for all users created within your Services account.
You may cancel your access to the Services at any time. To cancel, login to your
account and go to the account section and select the Delete Account option.
You agree that Gigin may, under certain circumstances and without prior notice,
immediately terminate your Gigin account, any associated email address, and access
to the Services and Website. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of any terms of these Terms of Use or other
incorporated agreements, policies or guidelines of Gigin, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated account
deletions) per above, (d) discontinuance or material modification to the Services (or
any part thereof), (e) unexpected technical or security issues or problems, (f) extended
periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities.
Termination of your Gigin account may include (i) removal of access to all offerings
within the Services, (ii) deletion of your password, and (iii) barring of further use of the
Services and Website. Further, you agree that all terminations for cause shall be made
in Gigin’s sole and absolute discretion and that Gigin shall not be liable to you or any
third party for any termination of your account, any associated email address, or
access to the Services and Website.
Gigin also reserves the right to terminate your account for any or no reason with or
without notice to you and without any liability.
Upon termination of your account, your right to use the Services and Website will
immediately cease. Gigin’s proprietary rights, disclaimer of warranties, indemnities,
limitations of liability and miscellaneous provisions shall survive any such termination.
17 – Force Majeure
Gigin will not be liable for any delay, interruption or failure in the provisioning of
Services or to perform any obligations hereunder if such dealy, interruptions or failure
is caused as a result of any acts of God, declared or undeclared war, fire, flood, storm,
slide, earthquake, power failure, mechanical, electronic or communications failure or
degradation (including “line-noise” interference), the inability to obtain equipment,
supplies or other facilities or solve any technical glitches, due to any labor disputes, or
other similar events or cause beyond Gigin’s control that may prevent or delay service
provisioning.
18 – Unenforceable Provisions
If any part of these Terms of Use is found to be invalid or unenforceable under any
applicable law, then such part will be ineffective to the extent of such invalid or
unenforceable part only, without affecting the remaining parts of these Terms of Use,
in any way.
19 – Governing Law
The rights and obligations of the parties hereto pursuant to these Terms of Use are
governed by, and shall be construed in accordance with, the laws of India.
You may be subject to other local, provincial or state and national laws. You hereby
irrevocably submit to the exclusive jurisdiction of the courts of the India for any dispute
arising under or relating to these Terms of Use and waive your right to institute legal
proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings
in connection with any matter arising under these Terms of Use in any jurisdiction
including where you reside, do business or have assets.
20 – Disputes
Notwithstanding the foregoing Section, (but without limiting, and you hereby
acknowledge and agree to, Gigin’s right to seek injunctive or other equitable relief in
any court of competent jurisdiction), any disputes arising from or relating to these
Terms of Use (including the enforceability of this provision) shall be referred to and
administered by a single arbitrator in accordance with the Arbitration and Conciliation
Act 1996. The sole arbitrator shall be solely appointed by Gigin. The written decision
of the sole arbitrator shall be final and binding on both you and Gigin. The venue and
seat of the Arbitration will be India and language will be English and will be adjudicated
in pursuant to the rules of (and administered by) Arbitration and Conciliation Act 1996.
The parties to the arbitration will bear their respective cost of arbitration. THE
ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY
NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF
OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT
CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO
MAY BE SIMILARLY SITUATED. If any part of this arbitration provision is deemed to
be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a
class or representative basis), or otherwise conflicts with the rules and procedures
established by Arbitration and Conciliation Act 1996, then the balance of this
arbitration provision shall remain in effect and shall be construed in accordance with
its terms as if the invalid, unenforceable, illegal or conflicting provision were not
contained herein. If, however, the portion that is deemed invalid, unenforceable or
illegal is that claims will not be arbitrated on a class, representative, or collective basis,
or as a private attorney general on behalf of other persons similarly situated, then the
entirety of this arbitration provision shall be null and void, and neither you nor Gigin
shall be entitled to arbitrate the dispute.
21 – Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of these
Terms of Use and you do not have any authority of any kind to bind Gigin in any
respect whatsoever. The failure of either party to exercise in any respect any right
provided for herein shall not be deemed a waiver of any further rights hereunder These
Terms of Use are personal to you and hence it is not assignable, transferable or sub
licensable by you, in any manner whatsoever. You agree that your Gigin account is
non-transferable and any rights to your Gigin ID or contents within your account
terminates upon your death or dissolution, as applicable. Gigin may transfer, assign
or delegate these Terms of Use and its rights and obligations to any third party, without
your consent. Both parties hereto agree that these Terms of Use is the complete and
exclusive statement of the mutual understanding of the parties and supersedes and
cancels all previous written and oral agreements, communications and other
understandings relating to the subject matter of these Terms of Use. You also may be
subject to additional terms and conditions that may apply when you use or purchase
certain other Gigin’s services, affiliate’s services, third-party content or third-party
software. You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Services, Website or these Terms
of Use must be filed within one (1) year after such claim or cause of action arose or
be forever barred. The section titles in these Terms of Use are for convenience only
and have no legal or contractual effect. You agree that, except as otherwise expressly
provided in these Terms of Use, there shall be no third-party beneficiaries to these
Terms of Use. Gigin may provide you with notices, including those regarding changes
to the Terms of Use, by email or postings on the Services / Website.
Amendment to GIGIN Terms of Use for Government Entities
Gigin acknowledges that as an India entity, you are required, when entering into
agreements with other parties, to follow applicable Indian laws and regulations,
including those related to ethical standards, limitations on indemnification, fiscal law
constraints, advertising and endorsements, freedom of information, governing law,
and dispute resolution forum and processes. Indian Entity wishes to use Gigin’s
Services pursuant to the Terms of Use as amended hereto, and Gigin is willing to allow
such use as set forth herein.
1. Terms and Conditions.
In using the Service, Indian entity agrees to abide by the Terms of Use (herebyincorporated by this reference) as amended by this Amendment. For clarity, this
Amendment will govern use of the Service worldwide.
2. Conflicts, Use of Terms.
In the event of conflict between the terms and conditions of the Terms of Use, and theterms and conditions of this Amendment, the terms and conditions of this Amendment
will control. Unless otherwise expressly defined in this Amendment, all capitalized
terms herein will have the meanings ascribed to them in the Terms of Use.
3. Amendments.
o Governing Law and Jurisdiction. These Terms of Use will be governed,interpreted and enforced in accordance with the laws of the India.
o Disputes. The section governing how and where disputes related to the Terms
of Use are handled is hereby deleted in its entirety and replaced with the
following: You and Gigin will endeavour to resolve any disputes in an amicable
fashion. The liability of the Indian Entity and its obligations to Company resulting
from any breach by Indian Entity of any of the provisions of this Terms of Use
or any claim arising from this Terms of Use will be determined under the Indian
Contract Act 1956, Indian Legal Services Authority Act 1987, or any other
applicable law.”
o Indemnity. The indemnity section in the Terms of Use is hereby deleted in its
entirety and replaced with the following: “Disclaimer. You agree that your
account on the Gigin Service will serve as an additional distribution channel for
information, but in no event will serve or be represented as the official site or
homepage for any Entity.”
o Changes to Terms of Use. The following section is added to the Terms of Use:
“Changes to the Terms of Use- Gigin agrees that to the extent that any change
or addition to these Terms of Use conflict with this Amendment, the terms of
this Amendment shall supersede such change or addition.”
4. Effect.
This Amendment constitutes the entire agreement among the parties with respect tothe amendment of the Terms of Use, and supersedes all prior agreements and
understandings, both written and oral, among the parties with respect to the
amendment of the same. This Amendment is not intended to confer any rights or
remedies hereunder upon any person other than the parties. The terms of this
amended Terms of Use are considered by Gigin to be confidential information, and, to
the extent permitted by law, Indian Entities will maintain the same in strict confidence
and not disclose the same to any third party (other than its contractors that are bound
by similar confidentiality) or use the same for any purpose other than its performance
under these amended Terms of Use.
5. Miscellaneous.
Gigin agrees that it will not use your logos, trademarks, service marks, tradenames toimply an endorsement by you or the Indian Government of Gigin Services; provided
however, that the foregoing shall not prohibit Gigin from using your logos, service
marks and trade names as necessary to run the Gigin Service. The Parties are
independent entities and nothing in the Terms of Use or this Amendment creates an
agency, partnership, or joint venture. Nothing in the Terms of Use or this Amendment
obligates you to expend appropriations or incur financial obligations except to the
extent that liabilities may arise from your breach the Terms of Use as amended by this
Amendment. The Parties acknowledge and agree that none of the obligations arising
from the Terms of Use and this Amendment are contingent upon the payment of fees
by one party to the other.
