Last updated: 2022-11-24
1. Introduction
Welcome to The GMS group (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website
located at www.gmsgroup.in (together or individually “Service”) operated by The GMS group.
Our Privacy Policy also governs your use of our Service and explains how we collect,
safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy
(“Agreements”). You acknowledge that you have read and understood Agreements, and
agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the
Service, but please let us know by emailing at info@gmsgroup.in so we can try to find a solution. These Terms
apply to all visitors, users and others who wish to access or use Service.
2. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional
materials and other information we may send. However, you may opt out of receiving any, or all,
of these communications from us by following the unsubscribe link or by emailing at info@gmsgroup.in.
3. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made
available through Service may be governed by rules that are separate from these Terms of
Service. If you participate in any Promotions, please review the applicable rules as well as our
Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion
rules will apply.
4. Content
Content found on or through this Service are the property of The GMS group or used
with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use
said Content, whether in whole or in part, for commercial purposes or for personal gain, without
express advance written permission from us.
5. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use
Service:
0.1. In any way that violates any applicable national or international law or
regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors
in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material,
including any “junk mail”, “chain letter,” “spam,” or any
other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another
user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal,
threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or
harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of Service, or which, as determined by us, may harm or offend Company or users of
Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair
Service or interfere with any other party’s use of Service, including their ability to
engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access
Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for
any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of
Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material
which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any
parts of Service, the server on which Service is stored, or any server, computer, or database
connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service
attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
6. Analytics
We may use third-party Service Providers to monitor and analyze the use of our
Service.
7. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18)
years old. By accessing or using Service, you warrant and represent that you are at least
eighteen (18) years of age and with the full authority, right, and capacity to enter into this
agreement and abide by all of the terms and conditions of Terms. If you are not at least
eighteen (18) years old, you are prohibited from both the access and usage of Service.
8. Intellectual Property
Service and its original content (excluding Content provided by users), features and
functionality are and will remain the exclusive property of The GMS group and its licensors.
Service is protected by copyright, trademark, and other laws of and foreign countries. Our
trademarks may not be used in connection with any product or service without the prior written
consent of The GMS group.
9. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to
any claim that Content posted on Service infringes on the copyright or other intellectual
property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that
the copyrighted work has been copied in a way that constitutes copyright infringement, please
submit your claim via email to mailto:info@gmsgroup.in, with the subject line: “Copyright
Infringement” and include in your claim a detailed description of the alleged Infringement
as detailed below, under “DMCA Notice and Procedure for Copyright Infringement
Claims”
You may be held accountable for damages (including costs and attorneys’ fees)
for misrepresentation or bad-faith claims on the infringement of any Content found on and/or
through Service on your copyright.
10. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA)
by providing our Copyright Agent with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed,
including the URL (i.e., web page address) of the location where the copyrighted work exists or
a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where the
material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. 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;
0.6. a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
You can contact our Copyright Agent via email at :info@gmsgroup.in.
11. Error Reporting and Feedback
You may provide us either directly at info@gmsgroup.in or via third party sites and tools with
information and feedback concerning errors, suggestions for improvements, ideas, problems,
complaints, and other matters related to our Service (“Feedback”). You acknowledge
and agree that: (i) you shall not retain, acquire or assert any intellectual property right or
other right, title or interest in or to the Feedback; (ii) Company may have development ideas
similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary
information from you or any third party; and (iv) Company is not under any obligation of
confidentiality with respect to the Feedback. In the event the transfer of the ownership to the
Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates
an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual
right to use (including copy, modify, create derivative works, publish, distribute and
commercialize) Feedback in any manner and for any purpose.
12. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned
or controlled by The GMS group.
The GMS group has no control over, and assumes no responsibility for the content,
privacy policies, or practices of any third party web sites or services. We do not warrant the
offerings of any of these entities/individuals or their websites.
For example, the outlined Terms of Use have been created using PolicyMaker.io, a free
web application for generating high-quality legal documents. PolicyMaker’s Terms and
Conditions generator is an easy-to-use free tool for creating an excellent standard Terms of
Service template for a website, blog, e-commerce store or app.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY
OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH
USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD
PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD
PARTY WEB SITES OR SERVICES THAT YOU VISIT.
13. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS
AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS
INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE
ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
14. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE,
HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF
LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR
ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS
ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY
CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY
YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE
IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE
PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. Termination
We may terminate or suspend your account and bar access to Service immediately,
without prior notice or liability, under our sole discretion, for any reason whatsoever and
without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall
survive termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
16. Governing Law
These Terms shall be governed and construed in accordance with the laws of India,
which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a
waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable
by a court, the remaining provisions of these Terms will remain in effect. These Terms
constitute the entire agreement between us regarding our Service and supersede and replace any
prior agreements we might have had between us regarding Service.
17. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we
provide via Service, in our sole discretion without notice. We will not be liable if for any
reason all or any part of Service is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of Service, or the entire Service, to users,
including registered users.
18. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your
responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that
you accept and agree to the changes. You are expected to check this page frequently so you are
aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you
agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer
authorized to use Service.
19. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of Company to assert a right or provision under Terms shall not
constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of Terms will
continue in full force and effect.
20. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ
THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
21. Contact Us
Please send your feedback, comments, requests for technical support by email:info@gmsgroup.in.
