This user agreement ("Agreement") is an agreement between you and Greengyro Powertech Pvt Ltd (" GPPL " or "we" or "us" as the context requires) governing the terms and conditions of your use of GPPL's products, software, services with the characteristics and features provided on a mobile platform based application and /or GPPL portal based application and/or at www.greengyropowertech.com (referred to as the "Services"). GPPL    may have subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"), providing the Services to you on behalf of GPPL. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement.

By accessing and/or registering on www.greengyropowertech.com  (the "Website") or on the application, GPPL  (the "Application") and using the Services as a member or guest, you agree to be bound by this Agreement and the terms contained in it. This Agreement governs your access and use of this Website/ Application and applies to all visitors, users, and others who access the Service ("Users"). If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website/ Application. GPPL will not be liable for any consequences arising from your use.  We may revise these terms of use at any time by amending this page, without notice to you. The revised terms of use shall be posted on the Website/ Application and it is your sole responsibility to keep yourself updated as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website/ Application. All changes are effective as soon as we post them and by continuing to use the website you agree to be bound by the revised terms and conditions of use. Your use of the Website/Application is subject to the most current version of the terms of use posted on the Website/ Application at the time of such use.

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1. Access

Access to the Services is permitted temporarily, and we reserve the right to withdraw or amend the Service (or any features within the Services) we provide on our Website/ Application without prior notice to you. Whilst we will endeavour to provide seamless access, to our Website/Application, we will not be liable if for any reason our Website/ Application or the Services (or any features within the Services) are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website/ Application, or our entire Website/ Application, to Users who have registered with us.

GPPL permits you to use the Service as outlined in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary for you to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.

To access the Services, you will need to register on the Website/ Application and create a "Member" account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and at our sole discretion.

By using the Services and completing the registration process you warrant that (a) all the data provided by you is accurate and complete (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in this Agreement, and to abide by and comply with this Agreement; (d)  you are eligible by the applicable laws to enter into a binding contract and that you are not a person barred from receiving the Services under the laws as applicable and (e) you may use the Website/ Application or such other Services provided under the Website/ Application only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Your profile may be blocked and /or deleted by us without warning, or any notice whatsoever if we believe that you have violated any of the conditions as mentioned under this Agreement or Privacy Policy or acted in any manner that is detrimental to us or other users.

You must provide your full legal name; valid email address and any other information requested from you to complete the registration process and be entitled to use the Services. The information provided by you may be retained or shared by us with any third party for record-keeping purposes, internal procedures or for any other purposes that we at our sole discretion think fit and by using this Website/ Application you expressly consent to such sharing of the information.

Upon completing the registration process you will be provided with, a user identification code, password or any other piece of information, as part of our security procedures.  You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify GPPL of any unauthorized use or threatened use of your account, by sending details of such unauthorized use to: …

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these terms and that they comply with them. You are also solely responsible and liable to GPPL  for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network ability and we shall not be liable to you for any damages arising from your inability to log into your account.

GPPL reserves the right to refuse access to use the Services offered at the Website/ Application to new users or to terminate access granted to existing users at any time without any reason for doing so, without any liability to anyone.

Use of the account is not available to any user who is suspended or prohibited by GPPL from using the Website/ Application or Services for any reason whatsoever.

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2. Membership/Registration for the Service       

Once you complete registration on the Website/ Application you will be a member, subject to the terms and conditions herein and the privacy policy :

 - allows you to access and post content on the Website/Application

 

-  allows us to contact you to inform you of changes to the terms of use of the

   Website/Application or describing new services that we enable on the Website/Application

 

- Please note that permission to use the Website/Application does not allow you to use email addresses displayed on the Website/Application for any purpose other than that specifically authorized by us 

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By providing GPPL your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may use your settings to opt out of many Service-related communications. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by changing by sending us an email at: ……Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Please note that while you are using our site, we would have placed cookies or other tracking software, which is not an invasion or violation of your privacy as you are aware and agree to the same. 

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3. Grant of License 

Subject to these terms and conditions of use, GPPL grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted, including but not limited to storing or otherwise using your documents, files, schedules, minutes or other data.  

 

4. Privacy and Your Personal Information

For information about GPPL 's data protection practices, please read GPPL 's privacy policy. This policy explains how GPPL treats your personal information and protects your privacy, when you use the Services any terms mentioned therein will also be binding on you.  In the unlikely event, that there is a contradiction of terms there and here, the terms here shall prevail.

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5. Uploading Material to the Service

Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload material on the Website/ Application, or to make contact with other users of our Website/ Application, you must comply with applicable data protection rules/laws and the content standards set out below over and above the statute. The content standards apply to each part of a contribution as well as to its whole. Your contribution must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the Services.

 

6. Restriction on Use of Services 

You are not permitted to and shall not do any of the following acts, the breach of which, shall entitle GPPL to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:            

Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to you as part of the Service;

  

 -  Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to you as part of the Services or the Website or the Application;

 

-  Attempt to copy any software provided to you as part of the Services or the Website or the Application and in particular its source code, or attempt to decrypt any part of such software that is provided to you;

  

Create any derivative work or version of any software provided by us about or to facilitate your use of the Services or any content provided as part of the Services;

 

Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services

 

Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;

 

-  Use any of GPPL 's domain name as a pseudonymous return email address;

 

-  Access or use the Website/ Application in any manner that could damage, disable, overburden, or impair any of the Website/ Application's servers or the networks connected to any of the servers on which the Website/ Application is hosted;

 

Access or attempt to access any content that you are not authorized to access by any means;

 

Access the Website/ Application through any other means other than through the interface that

              is provided by us;

 

Alter or modify any part of the Service; and

 

Disrupt or interfere with the security of, or otherwise cause harm to the Website/ Application, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website/ Application or any affiliated services

 

use the services to insert any vulgar or religious material that violates the law or hurts the religious sentiments of another.  Or do or cause to be done, directly or indirectly any actor inaction that violates the law.

 

7. Right Reserved to GPPL 

 

We have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website/ Application constitutes a violation of their intellectual property rights or their right to privacy or our protection.

 

We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Services or you using the same in any manner.

 

We have the right to remove any material or posting you make on our Website/  

Application if, in our opinion, such material does not comply with the content standards set out above.

 

We have the right to investigate and prosecute violations of any of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms and conditions.

 

While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so to operate the Website/ Application and provide the Services, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

 

We have 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, GPPL may (but shall be under no obligation to) provide tools to filter out explicit sexual content at our sole discretion.

 

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these terms and conditions, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of GPPL, its users and the public. GPPL will not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions.

 

We reserve the right to introduce or change the prices of all Services upon days prior notice. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Service itself.

 

GPPL  shall not be liable to you or any third party for any modification, price change,  suspension or discontinuance of the Service.

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8. Breach of Content Standards

When we consider that a breach of the content standards has occurred or may occur, we may at our discretion take such action as we deem appropriate.  Failure to comply constitutes a material breach of the terms of use on which you are permitted to use the Service, and we may take any action legally available including all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use the Services;

 

Immediate, temporary or permanent removal of any contribution already posted on the Website/ Application using the Services, upon your failure to cure the breach that is brought to your notice.

 

       Issue a warning to you.

 

Initiate Legal proceedings against you for breach including but not limited to claim reimbursement of all costs   (including, but not limited to, reasonable administrative and legal costs) resulting from the breach ;              

Further legal action against you;

Disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all actions we may take or not take in response to breaches of these rules.  The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

Upon such termination/suspension of your account, you will no longer be able to access your account, content or data you have stored on the servers. All licenses or permissions granted to you by GPPL to the Website/ Application or the Services will automatically terminate.

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9. Content

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) that 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. You agree that you are solely and exclusively responsible for any content that you create, transmit or display while using the Services and you are solely and exclusively liable for the consequence of your actions (including any loss or damage which GPPL may suffer). GPPL exercises no control over the content posted on the Website/ Application using the Services. Your use of the content accessed or displayed using the Services or your posting of content or sharing of information is entirely at your own risk.

A search using the Services may produce results and/or links to sites and content that you may find objectionable, inappropriate, or offensive.  We accept no responsibility for any such content as we do NOT provide access to such directly. It is also possible that your use of the Services will return to you information regarding products, merchants and links to websites of third parties selling the product information requested by you. Any decision made by you regarding this is solely yours and not our responsibility in any manner.

You acknowledge and agree that GPPL is not liable for any loss or damage which may be incurred by you as a result of the availability or non-availability of such 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.

You shall be responsible for monitoring your content, documents and other data and shall be liable to us for ensuring that the content transferred to or handled by or within Services does not infringe any third-party rights. You warrant that you possess such necessary licenses as may be required to process your content or use the Services.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

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10. Disclaimers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such doctors or other Users. You agree that GPPL shall not be responsible or liable for any loss or damage of any sort incurred as the result of your using the Website/Application in any manner whatsoever, including but not limited to such dealings or as the result of the presence of any advertisers on the Service.

The Website/ Application and the Services are provided on an "as is" and "as available" basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. GPPL  does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

 Reliance on any such content on our site is solely at your own risk.

 

11. Content License From You

Some areas of the Service may allow Users to post news, feedback, comments, questions, data, documents, pictures and other information ("User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a conduit for your distribution and publication of your User Content. GPPL will not review, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law.

By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to GPPL  a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

 You understand that GPPL, 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 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 GPPL  to take these actions.

You are solely responsible for your contributions to any online forum GPPL may offer through or as part of the Services ("Community Participation"), such as without limitation, responses to blog postings, bulletin board postings, and other contributions to online discussions. By submitting to Community Participation you: (a) represent to GPPL, in each instance, that you either own or have the right to display or transmit every element of your Community Participation, and that your submission will not violate the legal rights or interests of any person or entity; and (b) grant to GPPL  a perpetual, irrevocable, royalty-free license to use your Community Participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes.

 

You confirm and warrant to GPPL that you have all the rights, power and authority necessary to grant the above license.

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 12. Billing and Payment

If you elect to use the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees. GPPL may add new services for additional fees, or amend fees for existing services, at any time in its sole discretion.

You may cancel your Member account at any time; however, there are no refunds for cancellation whether you have used the services or not (Unless SPECIFIED). If GPPL suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange (unless SPECIFIED on the website) for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. If a refund is applicable a cheque will be sent to the user within 15 days or the refund will be processed through the payment gateway, whichever is preferred by the user.

 It is your responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). GPPL does not validate all credit card information required by the Customer's payment provider to secure payment.

The Customer must notify GPPL about any billing problems or discrepancies within 30 days after charges first appear on their Account statement. If it is not brought to GPPL 's attention within 30 days, the Customer agrees to waive their right to dispute such problems or discrepancies or expect any remedy, including refunds.

 

13. Indemnity and Limitation of Liability

You agree to defend, indemnify and hold harmless GPPL, its officers, directors, employees and agents, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's/legal fees) arising directly or indirectly from: (i) your use of and access to the Service and Website/ Application; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right and/or other Intellectual Property rights; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Service and Website/ Application.

 

Our liability to you shall under all circumstances be limited to a maximum of the amount received from you (if any) at the time of registration on our Website/ Application to use the Services.

 

14 . Offences

 You must not misuse our Website/ Application by introducing viruses, trojans, worms, logic bombs, time bombs, cancelbots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications or posting any material that is considered illegal or hurts the religious sentiments of third parties. You must not attempt to gain unauthorized access to our Website/ Application, the server on which our Website/ Application is stored or any server, computer or database connected to our site. You must not attack our Website/ Application via a denial-of-service attack or a distributed denial-of-service attack.

By breaching any provisions herein, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments) and/or the terms herein. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website/ Application will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website/ Application or to your downloading of any material posted on it, or any Website/ Application linked to it.

 

15. Additional Terms for Widget, API, and Mobile Application

You are granted a limited, non-sublicensable right to access the Widget, API, Mobile Application, Desktop Application, Services and Data to enable you or other users to access the Website or the Application and/or the Services via 3rd party software or website. Any use of the Widget, API, Mobile Application, or Desktop Application, including use of the API through a third-party software or website that accesses the Services, is bound by the terms of this agreement plus the following specific terms:

You agree that you are solely responsible for (and that We have no responsibility to You or any third party for) any services and/or products You provide and/or receive through any 3rd party software.

You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have  been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the Widget, API, Mobile Application and Desktop Application,

You will not use the API to create software that sends unsolicited communications (whether commercial or otherwise) to any third party.

 We reserve the right at any time to modify or discontinue, temporarily or permanently the API (or any part thereof), Widget, Desktop Application and Mobile with or without notice.

 Abuse or excessively frequent requests to the Services via the Widget, API, Desktop Application and Mobile Application may result in the temporary or permanent suspension of your account's access. We, in our sole discretion, will determine abuse or excessive usage.

We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof), Widget, and Mobile.

 We may make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. GPPL does not warrant that the Mobile Software will be compatible with your mobile device. GPPL hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Member account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that GPPL may from time-to-time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and GPPL or its third-party partners or suppliers retain all rights, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. GPPL  reserves all rights not expressly granted under this Agreement.

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16. Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will ever be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

17. Ownership of intellectual property including trademarks/service marks

www.greengyropowertech.com including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information, trademarks are owned and controlled by GreenGyro Powertech Pvt Ltd., and must not be used by you unless specifically licensed to do so, under the terms of a written license agreement between you and us.

All rights, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of GreenGyro Powertech Pvt Ltd., and its licensors. Any use of this Website/ Application or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of GPPL.

Except as expressly provided in these terms of use, no part of GPPL and no content or marks, data, statistics, or independent research conducted and posted by GPPL may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including ("mirroring") to any other computer, server, website, or another medium for publication or distribution of any for any commercial enterprise, without prior written consent.

By accepting the use of terms hereunder you agree that the GPPL  does not transfer/assign the title to the software to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by GPPL, we retain the complete right, title and interest to the software, and all intellectual property, title and interest to the software, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software in any manner which is contrary to this Agreement.

 Any usage of GPPL 's contents, without the written authorization of GPPL, shall be considered a breach of this Agreement, and you shall be required to indemnify GPPL for all liability incurred in this regard.

 

18. Governing law

The jurisdictional court of Bangalore shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Website/ Application or the Services, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country. The laws of India govern this Agreement and these terms and conditions of use of the Services.

GPPL accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India, the mere fact that Website/ Application can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country