Terms Of Service

GypsyBud - Terms of services & Conditions for using them

Terms & Conditions

Updated at 2021-06-20

Welcome to the GypsyBud.com website (this "Site") which is owned and operated by GypsyBud®.

These terms of use are a legal agreement ("this Agreement" or "these terms") which sets forth the terms and conditions which govern your use of this Site, as well as the products and services (individually and collectively, the "Services") found at this Site, but does not cover Services individually supplied by third parties.

General Terms

These terms of use are a legal agreement ("this Agreement" or "these terms") which sets forth the terms and conditions which govern your use of this Site, as well as the products and services (individually and collectively, the "Services") found at this Site, but does not cover Services individually supplied by resellers.

By accessing and placing an order with GypsyBud, you confirm that you are in agreement with us and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and us . 

Under no circumstances shall team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. 

GypsyBud will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.

 

License

GypsyBud grants you a revocable, non-exclusive, non- transferable, limited license to download, install and use our service strictly in accordance with the terms of this Agreement. 

These Terms & Conditions are a contract between you and GypsyBud (referred to in these Terms & Conditions as "GypsyBud", "us", "we" or "our"), the provider of the GypsyBud website and the services accessible from the GypsyBud website (which are collectively referred to in these Terms & Conditions as the "GypsyBud Service"). 

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

 

Definitions and key terms

For this Terms & Conditions:

 

  • Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
     
  • Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to GypsyBud, V/5, Gypsybud st., Gandhi Nagar, Jaipur that is responsible for your information under this Privacy Policy.
     
  • Country: where GypsyBud or the owners/founders of GypsyBud are based, in this case is India.
     
  • Customer: refers to the company, organization or person that signs up to use the GypsyBud Service to manage the relationships with your consumers or service users.
     
  • Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit GypsyBud and use the services.
     
  • IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.
     
  • Personnel: refers to those individuals who are employed by GypsyBud or are under contract to perform a service on behalf of one of the parties.
     
  • Personal Data: any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
     
  • Service: refers to the service provided by GypsyBud as described in the relative terms (if available) and on this platform.
     
  • Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
     
  • Website: GypsyBud’s site, which can be accessed via this URL: https://gypsybud,com.
     
  • You: a person or entity that is registered with GypsyBud to use the Services.
     

 

Restrictions

You agree not to, and you will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the service or make the platform available to any third party.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the service.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of or its affiliates, partners, suppliers or the licensors of the service.

Representations you make about yourself

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law.

By using this Site, or by applying for, renewing, transferring, taking ownership, or using any Services found at this Site, you irrevocably undertake, represent, warrant and agree that:

  • You are at least 18 years of age, and that we may terminate this Agreement immediately without providing a refund if we discover that you are under 18 years of age at the time of entering into this Agreement;
  • The Registered Name Holder shall provide to the company registrar ("Registrar") accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of a Registered Name Holder that is an organization, association, or corporation;
  • Where you act on behalf of a corporate entity, you have the legal authority to bind such corporate entity to these terms, in which case the terms "you", "your", "User" or "customer" in this Agreement shall refer to such corporate entity. If, after your agreement to these terms, we learn that you do/did not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these terms. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right (but undertake no duty) to require additional authentication from you;
  • You shall not permit any other person to use your username in order to gain access to the service, nor shall you divulge to any other person any password which you may from time to time use in gaining access to the services. If your password becomes known, you will inform us immediately. We may require you to change your password where considered necessary, and
  • You agree at all times to indemnify us for any expenses, costs, damages, penalties, imposts and any other liabilities we incur from time to time, whether directly or indirectly, as a result of you transmitting or receiving or in any other manner using any information, which transmission, receipt or use is facilitated by or connected with the provision of services to you, including without limitation liability for breach of copyright or any other intellectual property rights.

Acceptable use & general conduct

You irrevocably agree that it is your responsibility at all times to:

  • Use our service and services in a manner which does not violate any applicable laws or regulations;
  • Respect the conventions of the newsgroups, lists and networks that you use;
  • Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our Service;
  • Respect the privacy of others;
  • Use the service in a manner which does not interfere with or disrupt other network users, services or equipment;
  • Refrain from acts that waste resources or prevent other users from receiving the full benefit of our Services; and
  • Ensure your use of our Services remains ethical and in accordance with accepted community standards.

It is not acceptable to use our Service(s) for the following non-exhaustive examples and you irrevocably agree that you will not use our Service(s) to:

  • Violate copyright or other intellectual property rights or publish any material that infringes any third party's intellectual property rights or any other rights;
  • Illegally store, use or distribute software;
  • Transmit threatening, obscene or offensive materials;
  • Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language;
  • Misrepresent or defame others;
  • Commit fraud;
  • Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
  • Damage, modify or destroy the files, data, passwords, devices or resources of us, other users or third parties;
  • Engage in misleading or deceptive on-line marketing practices;
  • Conduct any business or activity or solicit the performance of any activity that is prohibited by law;
  • Make an unauthorised transmission of confidential information or material protected by trade secrets;
  • "Spam" or engage in "spamming" activities, or sending unsolicited commercial activities;
  • Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material;
  • Post or transmit defamatory, harassing, abusive or threatening language;
  • Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
  • Facilitate a violation of this clause and the relevant Acceptable Use Policy;
  • Perform any other action through utilization of any service which we deem unsatisfactory;
  • Run Proxy or any proxy related services; or
  • Use greater than 100,000 inodes (every file on your hosting account uses 1 inode), or create file system damage by the rapid creation of large volumes of files.

You also agree not to attempt any of the following:

  • Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc;
  • Use more than 512MB of RAM;
  • Use, create or generate (directly or indirectly) in excess of 100 website connections or 100 active processes;
  • Use more than 1MB/s of disk IO;
  • Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed;
  • Run stand-alone, unattended/automated server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD;
  • Run any software that interfaces with an IRC (Internet Relay Chat) network;
  • Run any gaming servers/services;
  • Use hosting services for storage of any data not related to the displayed website. You are expressly prohibited from use as an online file repository;
  • Store more than 1 full backup of your web space at any time. The oldest backup file/s will be automatically deleted from our servers after 1 month of creation if your account exceeds this limit. Only backups created using the hosting manager are acceptable, all other backup files will be deleted;
  • Execute any script for longer than 180 seconds;
  • Execute any database query that takes longer than 30 seconds to complete;
  • Create or maintain in excess of 1,000 tables per database;
  • Create or maintain in excess of 1GB of storage per database;
  • Any activity which causes the server to crash / restart;
  • Check their email more than every 3 minutes; or
  • Enable error logging/debugging for more than 15 minutes at a time, create more than 500 debug/log files per day or use more than 1GB of disk space for debug/log files

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.

You must at all times comply with law. You irrevocably agree that you will also be in breach of this Agreement on violation of state, federal or international laws.

You irrevocably agree that any breach of this clause can result in immediate suspension or termination of services and loss of all data held on provided services, and you release us, our staff and our suppliers of any liability resulting in such instances.

 

 

Payment

If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Premium plan. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. By providing us with your credit card number and associated payment information, you agree that we are authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder. We reserve the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organization’s administrator(s). Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. No contract will exist between you and us for the Service until we accept your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. You are responsible for any third-party fees that you may incur when using the Service.

Taxes

Client is responsible for paying all applicable taxes, including sales, use and GST. Late Payment. Overdue balances may be charged a monthly service fee of 10 % (or the greatest amount allowed by law).

Cancellation and Refund Policy

Thanks for shopping with us. We appreciate the fact that you like to buy the stuff we build. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products.
As with any shopping experience, there are terms and conditions that apply to transactions at GypsyBud. We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase from us, you agree to the terms along with our Privacy Policy.
If, for any reason, You are not completely satisfied with any good or service that we provide, don't hesitate to contact us and we will discuss any of the issues you are going through with our product.

 

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to us with respect to the service shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

 

Your Consent

We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our service, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

 

Links to Other Websites

Our service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Terms & Conditions of every site You visit. We have no control over and assume no responsibility for the content, Terms & Conditions or practices of any third party sites or services.

 

Cookies

We use "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our service but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit our platform as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

 

Changes To Our Terms & Conditions

You acknowledge and agree that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account. If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

 

Modifications to Our service

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the service or any service to which it connects, with or without notice and without liability to you.

 

Updates to Our service

We may from time to time provide enhancements or improvements to the features/ functionality of the service, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the service. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the service to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to the terms and conditions of this Agreement.

 

Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services"). You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

 

Term and Termination

This Agreement shall remain in effect until terminated by you or us. We may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the service and all copies thereof from your devices. Upon termination of this Agreement, you shall cease all use of the service and delete all copies of the service from your devices. Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

 

Discrepancy in copyrighted work

If you are a copyright owner or such owner’s agent and believe any material from us constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

 

Indemnification

You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

 

No Warranties

The service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither us nor any provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

 

Limitation of Liability

 

Liability & indemnity

You expressly and irrevocably agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us, by a third party resulting from the provision or use of Services, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN.

You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Services which are the subject of any such claim. You agree to defend, indemnify and keep indemnified and hold us harmless from any of the following, non-exhaustive, for example:

  • Loss of business, contracts, profits or anticipated savings;
  • Other indirect or consequential or economic loss whatsoever;
  • Loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, and any service interruption not caused by us;
  • Injury to person or property allegedly caused by any products sold or otherwise distributed in connection with us;
  • Negligence, misconduct, or breach of this agreement by you;
  • Incomplete, inadequate or otherwise problematic use of any Services by you;
  • Omission or failure by you to obtain appropriate advice, including legal advice, in respect of any Services or this Agreement prior to making a purchase;
  • Incomplete, inadequate or lack of knowledge and experience necessary for use of any Services;
  • Allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets due to the information you have provided us, and
  • Damages including but not limited to indirect, special, incidental, consequential or exemplary damages allegedly arising out of, resulting from, incidental to, or in connection with this Agreement or Services.

You understand that we should be notified of pending legal action, we may seek written confirmation from you concerning your obligation to indemnify us under this Agreement in accordance with these terms, and you expressly and irrevocably agree that failure to provide such confirmation may be considered a further breach of this Agreement.

Where to do so is unlawful under any legislative provision ("Act") falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to either the supplying of the service/product again or payment of the cost of having the service/product supplied again.

You expressly and irrevocably agree that this clause survives the expiry and/or termination of Services or this Agreement.

Should any part of these terms be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force.

 

Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the service. To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and us concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Automatic Renewal Service Agreement

Your purchase includes an opt-in enrolment in our automatic renewal service with or without a renewal fee depending on the product terms. This keeps your products and services up and running by automatically charging the then-current renewal fees to your payment method on file just before they're set to expire, with no further action on your part. We may, but are not obliged to, issue notification to the contact details on file advising of the impending auto-renewal. You may cancel this service at any time by turning off the auto-renewal feature in your Account Manager. Click 'Setup Auto Renewal' and remove your domain name, product or service from the list. You may also receive a notice to the email address on file ahead of auto renewal processing. Any cancellations of auto renewal must be actioned 7 calendar day ahead of auto renewal date. By opting in, or not opting out of auto renewal, you agree to be bound by all applicable terms, conditions, policies and procedures which apply to product renewed as they are published within this document.

 

Payment Chargebacks

You irrevocably agree that:

  • You cannot seek to reverse a payment (chargeback) in your favour.
  • We may hold you to the transaction, resist the chargeback, and charge you reasonable costs for doing so.
  • We hold the right to suspend and/or cancel your service and decline you from any further services until all applicable costs have been paid.
  • We reserve the right to engage the services of a debt collection agency should the above costs not be paid, and
  • You will be charged for collection costs in addition to applicable costs in the event that we exercise the right to engage he services of a debt collection agency should the above costs not be paid.

 

Waiver

A waiver by us of a provision or right under this agreement is binding on it only if it is given in writing and signed by our authorised officer. A waiver is effective only in the specific instance and for the specific purpose for which it was given. Failure by us to exercise or delay in exercising a right under this agreement does not prevent our exercise of the same right at a later date, at any time, or operate as a waiver of our rights in the matter.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

 

Amendments to this Agreement

We reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is made we will provide at least one (1) day notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 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 our service.

 

Entire Agreement

The Agreement constitutes the entire agreement between you and us regarding your use of the service and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase other services from us, which we will provide to you at the time of such use or purchase.

 

Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

 

Intellectual Property

Our platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

 

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR GypsyBud’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and us concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

 

Notice of Dispute

In the event of a dispute, you or us must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to [email protected]: . We will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and us will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or us may commence arbitration.

 

Binding Arbitration

If you and us don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the INDIAN COUNCIL OF ARBITRATION at Jaipur. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

 

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non- confidential and non-proprietary and will become the sole property of us without any compensation or credit to you whatsoever. We and our affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

 

Promotions

We may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

 

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/ or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

 

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. We operate and control our Service from our offices in . The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate our Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and us concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

 

Disclaimer

We are not responsible for any content, code or any other imprecision. We do not provide warranties or guarantees. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. We reserve the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

Our Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. We are a distributor and not a publisher of the content supplied by third parties; as such, our exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via our Service. Without limiting the foregoing, We specifically disclaim all warranties and representations in any content transmitted on or in connection with our Service or on sites that may appear as links on our Service, or in the products provided as a part of, or otherwise in connection with, our Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by us or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, we do not warrant that our Service will be uninterrupted, uncorrupted, timely, or error-free.

General privacy policy

This policy governs the use and disclosure by us of personal information of our users and outlines how users can access that information. It is only applicable on the assumption that:

  • You provide us with all information marked as compulsory on the relevant application forms
  • You warrant that all information provided to us is complete, accurate and up to date at all times

<a href="https://gypsybud.com/hosting/index.php?m=PrivacyPolicy">Click here to view Privacy Policy</a>

 

Notification

You irrevocably agree that we may provide notification or communication by:

  • Emailing the notice or hyperlink to a webpage that contains the notice, to the most recent electronic contact address supplied to us;
  • Faxing to or calling the most recent number supplied to us;
  • Ordinary mail/hand delivery to the most recent postal address supplied to us; or
  • Any other method permitted by law.

You irrevocably agree that any notification or communication is deemed to have been received by you as follows:

  • If it (or hyperlink to it) is emailed: one hour after it leaves our mail server;
  • If it is faxed: when issued successful delivery record from the machine;
  • If it is mailed: at 10AM on the second business day after posting it;
  • If it is hand delivered: at the time of delivery; or

In any other method: at the time by which it would have been delivered as per the normal course of the given method.

 

Right to deny

In addition to any other options, we may, in our discretion, without notice, refuse to supply, cancel, suspend or transfer any service should we believe it is necessary to protect the integrity, stability and security of us, the Site, or our affiliates/agents; or at the request of any law enforcement agency; or pending any applicable dispute resolution process or in effort to avoid potential liability, civil or criminal, on our part.

 

Amendments to Agreement

We, in our sole and absolute discretion, may change or modify this Agreement, and any further agreements incorporated herein, at any time. We will endeavour to provide notice to you of any such amendments that affect this Agreement and you, by email to the most recent electronic contact address supplied to us Account, or in whatever way we deem most effective. Such amendments shall be effective at the time specified in the notice or if no such time is indicated or otherwise, immediately upon the posting of such amendments on this Site. Changes to this Agreement will become evident by the posting a "Last Revised" date at the bottom of this page. Further use of the Site and its Services will indicate acceptance of these revised conditions. If you do not agree to be bound by any such changes or amendments, or this Agreement last revised, discontinue use of the Site and Service thereof.

Please refer to the latest revised version of this Agreement posted on our Site prior to the renewal of any services, and prior to purchasing, registering, applying for, or subscribing to any new Services offered by Us. The latest revised version will apply to any Services at the date of the renewal, or to any new services at the date of the application, registration, purchase, or transfer, whichever is earliest. If you do not agree to be bound by this Agreement as last revised, discontinue use of the Site and Service thereof, do not proceed with renewal of any existing Services, and/or do not take out any new Services, whichever is appropriate.

Further assurance

You must at our request promptly execute and deliver such further documents and do such further acts as are reasonably necessary to give full effect to your obligations under this agreement.

 

Reasonable Control

We are not responsible for any delay in performing or failure to perform any obligation to you as a result of any matter beyond our reasonable control.

Applicable law and entirety of Agreement

You expressly and irrevocably agree that:

  1. This Agreement is governed by the law of the India and the Federal Laws of the state of Rajasthan, India, and embodies the entire understanding and agreement between the parties, and supersedes all prior agreements (written and oral), understandings and representations, unless otherwise stated in this Agreement;
  2. We may amend these terms at any time, and such amendments will become effective in accordance with that clause following which if you continue to use the services, you are deemed to have agreed to be bound by those amendments. It is your responsibility to review our website periodically to ascertain whether these terms have been changed;
  3. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the INDIAN COUNCIL OF ARBITRATION at Jaipur, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Jaipur. The language to be used in the Arbitration shall be English.

 

 

Contact Us

Don't hesitate to contact us if you have any questions.

  • Via Email: [email protected]
  • Via Phone Number: 7230088144
  • Via this Link: https://gypsybud.com

 

Cancellation & Refund Policy

Return and Refund Policy

Last updated: June 20, 2021

Thank you for shopping at GypsyBud.

If, for any reason, You are not completely satisfied with a purchase We invite You to review our policy on refunds and returns.

The following terms are applicable for any products that You purchased with Us.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Return and Refund Policy:

  • (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to GypsyBud, GypsyBud Street, Gandhi Nagar, Jaipur - 302015.
  • refer to the items offered for sale on the Service.
  • mean a request by You to purchase Goods from Us.
  • refers to the Website.
  • refers to GypsyBud, accessible from https://gypsybud.com
  • means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Your Order Cancellation Rights

You are entitled to cancel Your Order within 7 days without giving any reason for doing so.

The deadline for cancelling an Order is 7 days from the date on which You received the Goods or on which a third party you have appointed, who is not the carrier, takes possession of the product delivered.

In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement. You can inform us of your decision by:

We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

Conditions for Returns

In order for the Goods to be eligible for a return, please make sure that:

  • The Goods were purchased in the last 7 days
  • The Goods are in the original packaging

The following Goods cannot be returned:

  • The supply of Goods made to Your specifications or clearly personalized.
  • The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
  • The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.

We reserve the right to refuse returns of any merchandise that does not meet the above return conditions in our sole discretion.

Only regular priced Goods may be refunded. Unfortunately, Goods on sale cannot be refunded. This exclusion may not apply to You if it is not permitted by applicable law.

Returning Goods

You are responsible for the cost and risk of returning the Goods to Us. You should send the Goods at the following address:


V/5 GypsyBud Street, Gandhi Nagar, Jaipur.

We cannot be held responsible for Goods damaged or lost in return shipment. Therefore, We recommend an insured and trackable mail service. We are unable to issue a refund without actual receipt of the Goods or proof of received return delivery.

Gifts

If the Goods were marked as a gift when purchased and then shipped directly to you, You'll receive a gift credit for the value of your return. Once the returned product is received, a gift certificate will be mailed to You.

If the Goods weren't marked as a gift when purchased, or the gift giver had the Order shipped to themselves to give it to You later, We will send the refund to the gift giver.

Contact Us

If you have any questions about our Returns and Refunds Policy, please contact us: