Terms of service

This website is owned and operated by Gussa India Private Limited (“Gussa”), a private limited company registered under the laws of the Republic of India.  Throughout this website, the terms “we”, “us” and “our” refer to Gussa.  Gussa offers this website, including all information, tools and services available herein to you, the user, conditional upon your acceptance of all terms, conditions, policies, and notices stated herein (these “Terms”).

By using and accessing this website, you agree that these Terms, including without limitation the exclusions, disclaimers and limitations of liability herein, are reasonable.  

 Please read these Terms carefully before accessing or using our website. 

GENERAL TERMS OF USE AND RESTRICTIONS ON USE

Gussa may discontinue or alter any aspect of this website, restrict the time this website is available or restrict the amount of use permitted at Gussa’s sole discretion and without prior notice or liability. You agree that Gussa may at its sole discretion, immediately suspend and/or terminate your access to this website or any part thereof, for any reason whatsoever

For certain aspects of this website, you may be asked to register an account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password.

You agree to immediately notify Gussa in the event: (a) your registration information changes; or (b) you learn of or have reason to suspect any unauthorized use of your account or login credentials or any other breach of website security. You also agree that you will provide truthful, current, complete and accurate information during the registration process. Gussa may refuse to grant a particular username to you for any reason, including, without limitation, in the event Gussa determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive. 

INTELLECTUAL PROPERTY

Unless otherwise specifically noted in these Terms, images, trademarks, service marks, logos, icons and any other intellectual property (collectively, “Website IP”) displayed on this website are the property of Gussa, or third parties who have authorized their use by Gussa.  Nothing contained on this website should be construed as granting any license or right to use any Website IP displayed on this website without the written permission of Gussa or such third party that may own the Website IP.  Misuse of any Website IP is prohibited. The website is the copyrighted property of Gussa, and it may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Terms.

PURCHASES

Gussa may allow users to place orders for products and/or services via this website.  If you place an order to purchase products and/or services, you are subject to the additional terms of this section.  Please note that you may also be directed to a third party website to make or complete such purchases, in which case your purchase will also be governed by the terms of such third party website.  By making such purchases, you hereby agree that Gussa has no responsibility, and shall have no liability, for any claim related to your purchases on such third party websites.

You understand that your information (except payment information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  

The products/services available on this website will be dispatched and delivered as per the Shipping Policy and are subject to return or exchange only according to our Return, Refund and Cancellation Policy.

Gussa reserves the right, but are not obligated, to limit the sales of its products/services to any person, household, geographic region or jurisdiction.

Gussa reserves the right to refuse any order it places with us. In the event that Gussa makes a change to or cancels an order, Gussa may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Gussa reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.

At various times, Gussa might be running special promotions and offers, which will be subject to their own terms and conditions, in additions to these Terms.

USER REPRESENTATIONS

You hereby represent and warrant to Gussa that:

• You (i) are at least eighteen (18) years of age or if you are below eighteen (18) years of age, your legal guardian will enter into these Terms on your behalf; (ii) are of sound mind; (iii) are not disqualified under any law at the time being in force from entering into these Terms; and (iv) otherwise have the power and authority to enter into and perform your obligations under these Terms;

• All information provided by you to Gussa is truthful, accurate and complete;

• You are an authorized signatory of the credit or debit card or other method of payment that you provide to Gussa or its third party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via this website, if any;

• You will comply with the terms and conditions of these Terms, any other agreement and policies to which you are subject that is related to your use of this website, or any part thereof; 

• You will comply with all applicable laws, rules, regulations and guidelines;
• Your access to and use of this website or any part thereof and/or purchase and use of any products/services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; 

DISCLAIMERS 

Gussa uses reasonable efforts to maintain this website, but Gussa is not responsible for any defects or failures associated with this website, any part thereof, or any damages that may result from any such defects or failures. This website may be inaccessible or inoperable for any reason.

To the maximum extent allowed by law, this website, any content, and any products/services provided via this website are provided “as is” and “as available,” and at your sole risk.  To the maximum extent allowed by law, Gussa expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose, title and non-infringement.

LIMITATION OF LIABILITY

To the maximum extent allowed by law, you expressly understand and agree that Gussa shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if Gussa has been advised of the possibility of such damages), resulting from:

• the use or the inability to use this website, or any products/services purchased via this website;

• the cost of procurement of substitute products/services resulting from any products/services purchased or obtained or transactions entered into through or from this website or otherwise; or

• any other matter relating to this website or the purchase of Gussa’s products/services.

If you are dissatisfied with this website, your sole and exclusive remedy shall be to discontinue use of this website.  To the maximum extent allowed by law, in no event shall Gussa’s total liability to you for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this website, purchasing Gussa’s products/services, or any amount retained by Gussa for providing products/services.

You agree that you will not bring any claim personally against Gussa’s officers or employees in respect of any losses you suffer in connection with this website. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in these Terms will protect Gussa’s officers, employees, affiliates, agents, subsidiaries, successors, assigns and sub-contractors as well as Gussa.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Gussa, its affiliates, and each of their officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with:

• Your access to or use of this website or any part thereof;

• A breach or alleged breach by you of any of your representations, warranties, covenants or obligations under these Terms;

• Infringement or misappropriation of any intellectual property (including the Website IP) or other rights of Gussa or third parties by you;

• Any negligence or willful misconduct by you; or

• Any other claim related to your performance under these Terms.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be subject to the exclusive jurisdiction of the courts of New Delhi, India, to the exclusion of all courts in the world, and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the competent courts of Mysore New Delhi, India.  The parties irrevocably and unconditionally waive, to the fullest extent they may legally and effectively do so: (a) any objection that they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement in the competent courts of New Delhi; and (b) the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

FEEDBACK

If you have any comments or questions regarding these Terms, you should contact Gussa at support@gussa.com. 

LINKS

This website may contain links to other websites on the internet.  When you click on these links, they may direct you away from this website. You acknowledge and agree that Gussa is not responsible or liable for the content, advertising, products, or other materials available on those linked websites or for any privacy or other practices of the third parties operating those websites. 

COOKIES

This website uses cookies. By using this website and agreeing to these Terms, you consent to Gussa’s use of cookies in accordance with the terms of Gussa’s Privacy Policy.

POLICY IMPLEMENTATION AND REVIEW

These Terms will be implemented and reviewed by Gussa from time-to-time.  Gussa reserves the right to amend, abrogate, modify, and rescind/reinstate the entire Terms or any part of it any time.  Changes and clarifications will take effect immediately upon their posting on this website.  The continued use of this website following the posting of any such modifications to these Terms will constitute your acceptance of such changes.  If we make material changes to these Terms, it will be notified here that it has been updated.