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Terms & Conditions

INTRODUCTION

GamutX welcomes you to our website https://gamutx.com ('Site').

The Site is owned, controlled and operated by GamutX as its proprietor and its management (the 'Firm').

These terms of use ('Terms') are a legal agreement between you, a user of the Site ('you' or 'your' or 'user') and the Firm ('us' or 'we' or 'our') that governs your access to and use of the Site.

Remember that your use of the Site is at all times subject to the Terms of Use which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms. The general provisions as outlined in the Terms shall be applicable to this Privacy Policy as well.

Please read these Terms carefully before using the Site. Please also read the Privacy Policy which is a part of these Terms and incorporated herein by reference. The Privacy Policy describes how we collect, store, secure, retain, use, process, disclose, share, transfer and dispose of the information we collect or that you provide when you access or use the Site. If you do not understand or do not wish to be bound by these Terms, you should not use the Site.

The Site is for adults or people who have attained the age of majority. As such we do not encourage minors to use the Site. The Site is strictly prohibited to persons who are under the age of 10. Subject to these Terms, use of the Site is available only to persons who can enter into legally binding contracts under applicable law. If you are under the age of 18 (Eighteen) years or the legal age of majority in your jurisdiction, your parent, or legal guardian must agree to these Terms on your behalf.

Visiting, browsing, accessing, or using the Site constitutes your unconditional acceptance and agreement to be legally bound by these Terms. If you do not agree to these Terms do not access or otherwise use the Site.

We reserve the right, at any time and from time to time, to amend, modify, revise, update, suspend, remove and/or otherwise change these Terms without prior notice to you. All such amendments and modifications shall take effect immediately when posted on the Site. By continuing to access or browse the Site after any such amendments or modifications, you agree to be bound by such amended or modified Terms. For this reason, we encourage you to review these Terms whenever you access the Site. Be sure to read these Terms periodically to ensure familiarity with the most current version of these Terms. If you do not agree to any change to these Terms, you must immediately stop using the Site.

THE WEBSITE

You specifically understand, acknowledge and agree that the Site has been designed for informational purposes only and is not intended to provide any professional or other advice of whatsoever nature. The content of this Site, and the Site as a whole, are intended solely for your personal use and shall not be used for any commercial purposes. We disclaim any responsibility for actions caused by use of the Site or information contained on it. We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information, content and materials found or offered on the Site for any particular purpose. You acknowledge that such information, content and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors. Your use of any content, information or materials on the Site is entirely at your own risk, for which we shall not be liable.

The Site also enables you to engage with us. Should you choose to engage with us, you hereby grant us all licences and consents that may be required for this purpose, including but not limited to live stream, film, and record (audio and video) in any format and in any medium, or device, and by adopting any processes and technology, whether now known or hereinafter devised.

We do not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on the Site by our users and we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates these Terms.

Except where otherwise provided, access to and use of the Site is without charge. We reserve the right to charge a fee for access to or use of this Site, or any services that we may provide on the Site. If you purchase a paid service from us, we may use a third party that is not affiliated with us to process your payments, including providers of payment gateways ("Processor"). You agree that the Processor is solely responsible for controlling, handling, and processing your payments. Please note any amounts paid to us are not refundable.

PRIVACY POLICY

Please review our privacy policy ('Privacy Policy'), which is part of these Terms and describes how we handle your personal information. By visiting, browsing, accessing, or using the Site, you agree that we may collect, use and share your personal and other information in accordance with the terms of our Privacy Policy.

ACCOUNTS, SECURITY, PASSWORDS

You may register for an account on the Site in order to become a subscriber to the services offered by us through the Site. If you intend to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by following the procedure prescribed in these Terms.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

The Site and all information and content which we have made available on the Site, including but not copyrighted works, literature, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof is owed by us or is used with consent of the owner and is protected by laws, including laws governing, copyrights, trademarks and other intellectual property. The reproduction and use of any of these by you is prohibited unless specific written permission is provided by us. Any unauthorized use shall violate copyright laws, trademark laws and other applicable intellectual property laws. All rights in the Site and its content are reserved.

Certain content and information on the Site are used with the permission of third parties, and use of that content and information is subject to terms and conditions of such third parties and by using the Site, you agree to abide by all such terms and conditions.

The copying, downloading, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any content, material or elements from the Site including without our express written permission or other owners of the intellectual property is strictly prohibited. You agree not to, directly or indirectly, copy, use, or distribute any content available on the Site other than as expressly permitted herein. Also, if you download or print any content for personal use, you must retain all copyright and other proprietary notices identifying us as the owners.

Nothing contained on the Site should be construed as granting, by implication or otherwise, any right, license, or title to any of our intellectual property or the intellectual property of any third party. All rights are expressly reserved and retained by us and our licensors. Your misuse of the Site, or any service or content available on the Site except as provided in these Terms, is strictly prohibited. Please be advised that we consider our intellectual property to be among our most valuable assets and we will aggressively enforce our intellectual property rights to the fullest extent provided under law.

LIMITED LICENSES GRANTED TO YOU

Subject to these Terms, we grant you a non-exclusive, revocable, non-sub-licensable, non-transferable, and limited license to access the Site solely for the purpose accessing the content on, and our services provided through the Site, for your personal and non-commercial use.

You shall not, either directly or indirectly: (i) copy, adapt, alter, modify, translate, localize, merge and/or create derivative works of the Site; (ii) decompile, disassemble, reverse engineer, reduce the Site to human perceptible form and/or otherwise attempt to determine its underlying source code; (iii) alter, obscure, deface, remove, conceal and/or otherwise interfere with any eye-readable or machine-readable marking on the Site which refers to us as the owner, author or developer of the Site and all proprietary and intellectual property rights contained therein; (iv) distribute, provide, lease, lend, use and/or allow others to use the Site to or for the benefit of any third parties; and (v) provide the use of the Site in any service bureau, time-sharing or facilities management arrangement and/or otherwise use the Site to provide services to third parties.

CONTRIBUTED CONTENT AND SUBMISSIONS OF USERS

All content created, added, uploaded, submitted, distributed, communicated, or posted on the Site by users (collectively 'User Content'), whether publicly posted or privately transmitted, is the sole responsibility of the user who created or generated the User Content. The Site permits the submission of User Content and the hosting, sharing, and/or publishing of such User Content. Notwithstanding anything contained herein, you shall be solely responsible for your own User Content and the consequences of posting or publishing them. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws.

You acknowledge that all User Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other person resulting therefrom. We do not guarantee that any User Content you access on the Site is or will continue to be accurate. We do not and will not claim any ownership over or rights to the User Content, except to the extent stated herein.

In connection with the User Content, the user affirms, represents, and warrants that: (i) the user owns or has the necessary licenses, rights, consents, permissions and authorizations to use and authorize us to use, all User Content, including to enable us to include and use the User Content for the purposes and in the manner contemplated by these Terms; (ii) the user has the written consent, authorization, release and/or permission of each and every identifiable individual person in the User Content to use the name and/or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by these Terms; and (iii) we will not be subjected to any claim, actions, liabilities, loss and damage as a result of its use of the User Content.

By submitting any User Content to the Site, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable (through multiple levels) and transferable license to use, aggregate, reproduce, distribute, display, perform, and otherwise fully exploit such User Content in connection with the Site, and the services we provide, including without limitation for promoting and redistributing, part or all of the Site or our services in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your arrangement with us.

By submitting any User Content to the Site, you also hereby do and shall grant each user a non-exclusive license to access any of your User Content that is available to such user on the Site, and to use such User Content, including after your termination of your arrangement with us.

We: (i) cannot control the User Content and other information provided by the users which is made available on the Site; (ii) do not research, endorse, validate, or certify the User Content and any other information submitted/uploaded by users on the Site nor assume that all User Content and information will be complete, accurate, truthful, trustworthy, and reliable; and (iii) expressly disclaim any and all liability in connection with the User Content.

The Site permits sharing of views, opinions and information regarding the content posted on the Site. All statements, photos, videos, materials, or other User Content posted by users reflects the views of the individual user and does not reflect our views. We take no responsibility and assume no liability for any User Content posted by you or any third party.

We encourage respectful, constructive dialogue and reserve the right to remove posts that are not in compliance with these terms.

A user shall not host, display, upload, modify, publish, transmit, store, update or share any information that: (i) belongs to another person and to which the user does not have any right; (ii) is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (iii) is harmful to child; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (vii) impersonates another person; (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 other nation; (ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; and (x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

USER CODE OF CONDUCT

As a condition of your use of the Site, you promise and undertake not to use the Site for any purpose that is prohibited by these Terms.

You agree that you shall not (directly or indirectly) submit, upload, provide, transmit, distribute, post, store, link, or otherwise share content, information, data, software, and/or materials on the Site that: (i) you do not have the right, authority or license to make available, whether under law, contract or otherwise; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, offensive, profane, contains or depicts pornography, or is otherwise inappropriate as determined by us, in our sole discretion; (iii) is false, misleading, untruthful or inaccurate; (iv) is invasive of another’s privacy; (v) violates the publicity, proprietary, or intellectual property rights of third parties; (vi) impersonates any person or entity, including any of our employees, agents, representatives, sub-contractors, or partners or falsely states or otherwise misrepresents your affiliation with any person or expresses or implies that we endorse any statement you make; (vii) includes anyone’s identification documents or sensitive financial information or any personal information about another individual or any information that may be used to track, contact, or impersonate that individual; (viii) discloses or provides information protected under any law, agreement, or fiduciary relationship, including but not limited to proprietary or confidential information of others, insider information, or material, non-public information; (ix) constitutes unauthorized or unsolicited advertising; (x) violates any law; (xi) would give rise to criminal or civil liability (under tort or otherwise); (xii) encourages conduct that constitutes an offense or that encourages or provides instructional information about illegal activities; (xiii) has the potential to create liability for us; (xiv) could cause us to lose, in whole or in part, our relationship with our users, clients, business partners, licensors, service providers, or other suppliers; (xv) interferes with or disrupts the operation of the Site and our services or the servers or networks used to make the Site available, or violates any requirements, procedures, policies, or regulations of such networks; and (xvi) threatens the unity, integrity, defense, security, or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting to any other nation.

You shall not (directly or indirectly): (i) disclose any sensitive, proprietary, or confidential information, about yourself or anyone else or knowingly disseminate information that you know or reasonably ought to know to be confidential in nature, in violation of any duty of confidentiality to which you are subject; (ii) misrepresent the source of your content; (iii) use the Site in violation of any applicable law or otherwise in violation of any applicable law which you may be subject to; (iv) use the Site in a manner that would violate the lawful privacy rights of any person or publish or republish defamatory or libelous statements, or to harass or embarrass any person; (v) use the Site in a manner which could cause loss, damage, or personal injury to any person; (vi) use the Site for any fraudulent or unlawful purpose or for the promotion of illegal activities; (vii) use the Site in any manner that could interrupt, damage, disable, overburden, or impair the Site or interfere with any other person’s use and enjoyment of the Site; (viii) bypass, circumvent, or attempt to bypass or circumvent any measures I may use to prevent or restrict access to the Site (or other computer systems, resources, or networks connected to the Site); (ix) run any form of auto-responder or 'spam' on the Site; (x) use manual or automated software, devices, or other processes to 'crawl' or 'spider' any page of the Site; (xi) obtain or attempt to gain unauthorized access to other computer systems, resources, materials, information, or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site; (xii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party service providers’) infrastructure; (xiii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (xiv) make improper use of our Site or submit false reports of abuse or misconduct; (xv) disparage, tarnish, or otherwise harm us, including the Site; (xvi) offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force; and (xvii) use the Site in violation of these Terms or otherwise take any action in violation of our guidelines and policies.

In using the Site, you must comply with, and refrain from violations of, any right of any other persons, law, or contractual duty, including without limitation laws forbidding: (i) distribution of child pornography; (ii) forgery, identity theft, misdirection, or interference with electronic communications; (iii) invasion of privacy; (iv) unlawful sending of commercial electronic messages or other marketing or electronic communications; (v) securities violations, wire fraud, money laundering, or terrorist activities; or (vi) false advertising, propagating, or profiting from fraudulent and unfair schemes.

You shall abide by all applicable laws with respect to the use of the Site.

You shall assume full legal responsibility for any access and use of the Site, and in the event of any breach of this duty resulting in legal claim against us, you shall defend, indemnify, and hold us harmless from all losses, damages, and liabilities arising therefrom.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, legal process, or governmental request; (ii) enforce these Terms, including investigation of potential violation hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to your support requests; and (v) protect the rights, property, or safety of us, our users, and the public.

DISCLAIMER

You acknowledge that we have no duty to take any action regarding: (i) which users gain access to the Site; (ii) what content you access via the Site; or (iii) how you may interpret or use the content.

The Site and content made available on the Site, including without limitation, any information delivered as part of the foregoing are provided on an "as is" and "as available" basis, without warranty of any kind, express or implied, whether by statute, common law, custom, usage or otherwise, including, but not limited to performance, security, integration, quiet enjoyment, satisfactory quality and implied warranties of title, non-infringement, merchantability and fitness for a particular purpose as well as all warranties arising by usage of trade, course of dealing, or course of performance.

We specifically disclaim all liability for any actions resulting from your use of Site. You may use and access the Site at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to the Site.

We disclaim any and all liability with respect to any losses, damages, liabilities, personal injury or other harm that may be caused by your reliance on any advice, suggestions, recommendations or other information provided on the Site.

INDEMNIFICATION

You shall indemnify, defend and hold harmless us, our affiliates, licensors and partners from all losses, damages, liabilities, claims, costs and expenses, brought against or suffered by any of them resulting from, arising out of or relating to your (or any third party using your identity or your account, computers, systems, mobiles, machines, communication devices, network and others applications and resources): (i) use or misuse of, or access to, the Site; (ii) violation or breach of these Terms; (iii) violation or breach of any applicable law, whether or not referenced herein; and (iv) violation of any rights of any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

LIMITATION OF LIABILITY

The users specifically acknowledge that the Site is provided with the expectation that we shall not assume any risks of the users. Accordingly, in no event shall we assume any risks of the users.

We shall not be held liable for any liabilities suffered by the users or any third party relating to or arising out of: (i) a failure by the users to adhere to these Terms; (ii) negligent acts of the users; and/or (iii) breach by the users of any applicable law.

In no event shall we, our affiliates, licensors and partners be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Site: (i) for any lost profits or other economic losses, loss of data and other programs, loss of opportunity, business interruption, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damage of any kind whatsoever; (ii) for any bugs, viruses, trojan horses, or the like (regardless of the sources of origination); or (iii) for any direct damages in excess of 1,000/- (Rupees One Thousand only) or the fees (if any) paid to us for the usage of the Site (whichever is lower), even if we has been advised of, knew, or should have known, the possibility thereof.

In no event shall we, our affiliates, licensors and partners be liable for any bodily injury, loss of life, loss of property or any other accident that arise out of or is in any way connected with any use of the Site.

TERMINATION

You may stop using the Site at any time. If you wish to terminate your account, you may do so by writing to us at contact@gamutx.com.

We may, at any time, terminate your right to access and use of the Site and if you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms).

We may, at any time, terminate your right to access and use of the Site if we are required to do so by applicable law.

Upon termination, all licenses, and any other rights and services provided by us shall cease immediately. Any such termination may result in the forfeiture and destruction of information associated with your account.

Upon termination, any and all rights granted to the user will immediately be terminated, and the user shall promptly discontinue all use of the Site.

Termination of these Terms, or any license, or user's access to the Site shall be without prejudice to our accrued rights.

All provisions of these Terms which, by their nature should survive termination shall survive termination, including, without limitation, the provisions governing any licenses you have granted to us, ownership of intellectual property, warranty disclaimers, indemnity, and limitation of liability.

MISCELLANEOUS PROVISIONS

Electronic Record

These Terms constitute an electronic record within the meaning of applicable law and do not require any physical or digital signatures.

Force Majeure

We shall not be liable to the users or any other persons or be deemed to be in breach of these Terms by reason of any delay or deficiency in performing, or any failure to perform, any of its obligations in relation to the Site or other obligations hereunder if the delay or deficiency or failure was due to Force Majeure.

For the purposes of these Terms, "Force Majeure" shall mean any event beyond our reasonable control including, but not limited to any act of God, act of Governmental Authorities, legislative changes, malicious third party attacks on the Site, electrical power fluctuations or failures, electrical or electromagnetic stress, environmental factors, failure of public utilities, labour unrest, hostilities between nations, war, riot, civil commotions, civil war, insurrection, blockades, import or export regulations or embargoes, national emergency, rainstorms, earthquake, fires, flooding, explosion or other exceptional weather conditions or natural disasters, acts of terrorism, accidents, sabotages, strikes, shortages in material or supply, destruction of service facilities, infectious diseases, epidemics, pandemics as well as travel restrictions or travel warnings due to any such events or any unforeseen change in circumstances.

Notices

Any notices, requests and other communications required or permitted hereunder to be provided by the user to us shall be in writing, in English language, and shall be given by hand against written acknowledgement or receipt, or sent by registered mail, or by email followed by a confirmation of receipt. All notices will be deemed to have been duly given when received by us. Unless otherwise specified in these Terms, electronic notices should be sent to contact@gamutx.com. We will send our notices to the users by way of an email at the email address provided by the users.

You may contact us at the following address:

India

Effective Date: March, 2024

Copyright 2022: GamutX. All rights reserved. No part of the Site may be copied, reproduced, modified, or distributed in any form or manner without the prior written permission of GamutX.

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