Welcome to the Gupta Wire’s terms and condition. These terms and conditions (“Terms and Conditions”), are between Gupta Wire and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website www.guptawire.com (“Website”) and/or our app ‘Gupta Wire’ (“Apps”), Website and Apps together shall be referred to as “Gupta Wire Platform”, you agree to be bound by the provisions of these Terms and Conditions.
Please read these Terms and Conditions, along with the Privacy Policy and all other rules and policies made available or published on Gupta Wire Platform as they shall govern your use of the Gupta Wire Platform. By using or visiting the Gupta Wire Platform or any Gupta Wire software, data feeds, and service provided to you on, from, or through the Gupta Wire Platform, you signify your agreement to (1) these “Terms and Conditions”, (2) Gupta Wire’s Privacy Policy and any other terms that are updated from time to time. If you do not agree to any of these terms, please do not use the Gupta Wire Platform.
In order to access some of the features of the Gupta Wire Platform, you may have to create your account with Gupta Wire. You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify Gupta Wire immediately of any breach of security or unauthorized use of your account. At no point in time will Gupta Wire be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to Gupta Wire or others due to such unauthorized use, if any.
Gupta Wire takes no responsibility for any User Content that is uploaded on the Gupta Wire Platform, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the Gupta Wire Platform provided herein.
Gupta Wire hereby grants you permission to access and use the Gupta Wire Platform as set forth in these Terms and Conditions, provided that:
You agree not to distribute in any medium any part of the Gupta Wire Platform or the content without Gupta Wire’s prior written authorization.
You agree not to alter or modify any part of the Gupta Wire Platform.
You agree not to access content of any other User through any technology or means other than the pages of the Gupta Wire Platform itself.
You agree to receive installs and updates from time to time from Gupta Wire. These updates are designed to improve, enhance and further develop the Gupta Wire Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Gupta Wire to deliver these to you) as part of your use of the Gupta Wire Platform.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Gupta Wire Platform in a manner that sends more request messages to Gupta Wire’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Gupta Wire grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Gupta Wire reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Gupta Wire Platform, nor to use the communication systems provided by the Gupta Wire Platform (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Gupta Wire Platform with respect to User Content.
You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give Gupta Wire limited, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its Gupta Wire Platform and in any of its marketing or promotional activities.
In your use of the Gupta Wire Platform, you will at all times comply with all applicable laws and regulations.
Gupta Wire reserves the right to discontinue any aspect of the Gupta Wire Platform at any time with or without notice at its sole discretion.
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
As an Gupta Wire User, you may submit User Content on the Gupta Wire Platform, including videos, notes and User comments. You understand that Gupta Wire does not guarantee any confidentiality with respect to any User Content you submit.
You shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content on the Gupta Wire Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you grant limited license to Gupta Wire to all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Gupta Wire Platform pursuant to these Terms and Conditions for the duration the said User Content is available on Gupta Wire Platform.
For clarity, you retain your ownership rights in your User Content. However, by submitting User Content to Gupta Wire, you hereby grant Gupta Wire a limited, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, display, publish, make available online or electronically transmit, the User Content in connection with the Gupta Wire Platform and Gupta Wire’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Gupta Wire Platform in any media formats and through any media channels. You also hereby grant each User of the Gupta Wire Platform a limited, non-exclusive license to access your User Content through the Gupta Wire Platform. The above licenses granted by you in the User Content you submit to the Gupta Wire Platform terminate within a commercially reasonable time after you request Gupta Wire to remove or delete your content from the Gupta Wire Platform provided you pay the mutually agreed amount that Gupta Wire incurred in providing the Gupta Wire Platform to you. You understand and agree, however, that Gupta Wire may retain, but not display, distribute, or perform, server copies of your content that have been removed or deleted. The above licenses granted by you in User comments and testimonial you submit are perpetual and irrevocable.
You further agree that User Content you submit on the Gupta Wire Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Gupta Wire all of the license rights granted herein.
Furthermore, you confirm that the User Content uploaded by you is not:
False, inaccurate or misleading;
Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
Violate any law, statue, ordinance or regulation;
defamatory, unlawfully threatening or unlawfully harassing;
obscene or contain pornography.
Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You understand and confirm that you shall not during your use of the Gupta Wire Platforms at any time post or publish any content, comments or act in any way which will amount to harassment of any other User, whether a learner or a mentor. If at any given point it comes to the notice of Gupta Wire that you are engaged in any kind of harassment of other Users, then in such a case you agree that Gupta Wire shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
Gupta Wire at its sole discretion may process any audio or audio-visual content uploaded by you to the Gupta Wire Platform to confirm if the same is in accordance with the Gupta Wire internal quality requirements and is compatible with the Gupta Wire Platform.
Gupta Wire does not endorse any User Content submitted on the Gupta Wire Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Gupta Wire expressly disclaims any and all liability in connection with User Content. Gupta Wire does not permit copyright infringing activities and infringement of intellectual property rights on the Gupta Wire Platform, and Gupta Wire will remove all User Content if properly notified that such Content infringes on another’s intellectual property rights. Gupta Wire reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright.
Please refer to Gupta Wire Exponent – Subscription terms and conditions to know more about the terms that shall govern your subscription. Gupta Wire Exponent – Subscription is exclusive for the Users who have subscribed. You shall not give any unauthorized access or distribute or reproduce the Educational Content (as defined in the Subscription terms and conditions) to a third party.
In the event that Gupta Wire becomes aware of any Users giving unauthorized access to any third party or distributing or reproducing any Educational Content to or any third-party channel or media, Gupta Wire reserves the right to suspend or terminate the said User’s account with immediate effect.
The Gupta Wire Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Gupta Wire Platform is owned and controlled by Gupta Wire and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, Gupta Wire owns all IPR to and into the trademark "Gupta Wire" and the Gupta Wire Platform.
The mark "Gupta Wire" is the sole property of Gupta Wire. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from Gupta Wire.
Any refunds that are to be processed shall be processed in accordance with Gupta Wire’s refund policy.
When you visit the Gupta Wire Platform, you are communicating with us electronically. You will be required to provide a valid phone number while creating any account with us or while enrolling or purchasing any Subscription Service. We may communicate with you by e- mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. By providing your information you authorize Gupta Wire, its affiliates, and their respective employees, agents, and contractors to initiate electronic communications by email, SMS, telephone calls, or such other mode of communication with respect to your use of the Platform and regarding the products and services offered by Gupta Wire and its affiliates. These communications may be made by or on behalf of Gupta Wire, even if your phone number is registered on any state or federal do not call list. Telephone calls may be recorded. You acknowledge that your telephone operator and/or internet service provider may have levied certain charges on you vis-à-vis your communications with Gupta Wire as it constitutes availing their services, and you agree to be responsible for all such charges, and Gupta Wire will not be responsible for any such charges. Do not submit your information if you do not consent to being contacted by telephone, text, email or such other mode of communication. Further, you will always have an option to unsubscribe / opt out from any promotional communications sent by Gupta Wire and / or its affiliates either by following the relevant instructions that may be communicated via text, email or such other mode of communication in which you received a promotional communication or by contacting us at contact@guptawire.com.
Please note that – If you opt out of promotional communications, we may still send you transactional communications, such as service announcements, administrative and legal notices, and information about your account, without offering you the opportunity to opt out of these communications. If you no longer wish to use our Platform or receive any communications from us (except for those that are legally required), then you may contact us at contact@guptawire.com.
Gupta Wire will terminate a Users access to the Gupta Wire Platform, if
the User is a repeat copyright infringer;
the Users breaches any terms of these Terms and Conditions.
Violation of any applicable laws;
your use of the Gupta Wire Platform disrupts our business operations or affects any other party/ User; or
you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against Gupta Wire.
Gupta Wire reserves the right to decide whether User Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that Gupta Wire deems fit from time to time. Gupta Wire may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's account for submitting such material in violation of these Terms and Conditions.
We may suspend access to the Gupta Wire Platforms or require You to change Your password if we reasonably believe that the Gupta Wire Platforms have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the Gupta Wire Platforms will not affect liability previously incurred by You.
YOU AGREE THAT YOUR USE OF THE Gupta Wire PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Gupta Wire, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Gupta Wire PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, Gupta Wire EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON Gupta Wire, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Gupta Wire PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Gupta Wire PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE Gupta Wire PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Gupta Wire PLATFORM. Gupta Wire DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR Gupta Wire PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Gupta Wire PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Gupta Wire WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Gupta Wire, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT Gupta Wire, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR Gupta Wire PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Gupta Wire PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR Gupta Wire PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Gupta Wire PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Gupta Wire IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, Gupta Wire LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE Gupta Wire PLATFORMS AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT Gupta Wire SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE Gupta Wire PLATFORM IS CONTROLLED AND OFFERED BY Gupta Wire FROM ITS FACILITIES IN INDIA. Gupta Wire MAKES NO REPRESENTATIONS THAT THE Gupta Wire PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE Gupta Wire PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Gupta Wire, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Gupta Wire Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Gupta Wire Platform.
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the Gupta Wire Platform.
Gupta Wire reserves the right to refuse access to use the Gupta Wire Platforms to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms and Conditions with our Gupta Wire Platform so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of the Gupta Wire Platform is subject to the most current version of the Terms and Conditions made available on the Gupta Wire Platform at the time of such use.
Gupta Wire shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
These Terms and Conditions are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access or usage of the Gupta Wire Platform.
Certain laws require to maintain data with respect to the Gupta Wire Platform and other personal information in a prescribed format and Gupta Wire will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Shivpuri, Madhya Pradesh, India.
Gupta Wire may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Gupta Wire Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. We do not guarantee continuous, uninterrupted or secure access to the Gupta Wire Platform, and operation of the Gupta Wire Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.