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Terms & Conditions


Gatepass.net.in

Terms & Conditions

Last updated:  March 2020

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").

Appropriate clauses of The Indian IT Act 2000, as amended shall be applicable to all users in addition to the terms and conditions mentioned below:

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.

In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean QHSE Risk Consultants LLP, its franchisor, affiliates and partners.

  1. Introduction

www.Gatepass.net.in website ("Website") is an Internet based content and e-commerce portal owned and operated by QHSE Risk Consultants LLP, a company incorporated under the laws of India.

Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time.www.Gatepass.net.in at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

  1. User Account, Password, and Security

You will receive a password and account designation upon completing the Website's registration process. Alternatively corporate clients will get the id’s and password separately by email and not thru website. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Gatepass.net.in of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Gatepass.net.in cannot and will not be liable for any loss or damage arising from your failure to comply with the above-mentioned requirements.

  1. Services Offered

Gatepass.net.in provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original IT applications (collectively, "Products"). Upon placing an order, Gatepass.net.in shall deliver the products to your account in Gatepass.net.in and be entitled to its payment for the Services.

  1. E-Platform for Communication

You agree, understand and acknowledge that the website is an online platform that enables you to purchase products and plans listed on the website at the price indicated therein at any time from any location. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and Gatepass.net.in.

  1. Licence for website access

Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, Gatepass.net.in grants you a limited licence to access and make use of this website, but not to download or modify it, or any portion of it, except with express written consent of Gatepass.net.in and QHSE Risk Consultants LLP and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Gatepass.net.in and QHSE Risk Consultants LLP and / or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gatepass.net.in and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Gatepass.net.in and QHSE Risk Consultants LLP's or its affiliates' names or trademarks without the express written consent of Gatepass.net.in and QHSE Risk Consultants LLP and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Gatepass.net.in and QHSE Risk Consultants LLP and / or its affiliates, as applicable.

You are granted a limited, revocable, and non-exclusive right to create an access to Gatepass.net.in. You may not use the Gatepass.net.in logo or other proprietary graphic or trademark as part of the access without express written consent of Gatepass.net.in and QHSE Risk Consultants LLP and / or its affiliates, as may be applicable.

  1. Availability of Gatepass.net.in

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

  1. Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Gatepass.net.in the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

  1. Limited User

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that limited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

  1. User Conduct and Rules

You agree and undertake to use the Website and the Service only to post and upload your reports, dates, pictures, images and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • Violate any applicable laws or regulations for the time being in force in or outside India;
  • Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
  • Exploit any of the services. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
  • You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about Gatepass.net.in, its owners, associates and partners on any property owned by Gatepass.net.in.

 

  1. Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Gatepass.net.in reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Gatepass.net.in violates these Conditions of use and, or terminate your permission to access or use this website.

If you do post content or submit material, and unless we indicate otherwise, you

(a) Grant Gatepass.net.in and QHSE Risk Consultants LLP and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

(b) Gatepass.net.in and QHSE Risk Consultants LLP and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Gatepass.net.in and QHSE Risk Consultants LLP, including the execution of deeds and documents, at its request.

  1. Intellectual Property Rights

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Gatepass.net.in thru its owners QHSE Risk Consultants LLP owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Gatepass.net.in without obtaining authorization from QHSE Risk Consultants LLP.

Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any reports, data’s, pictures, images and material content that you provide or upload when using any Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

  1. Links to Third Party Sites

The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of Gatepass.net.in or the Website and Gatepass.net.in is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

Gatepass.net.in is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Gatepass.net.in is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gatepass.net.in or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

  1. Disclaimer Of Warranties/Limitation Of Liability

Gatepass.net.in has endeavored to ensure that all the information on the Website is correct, but Gatepass.net.in neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Gatepass.net.in be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services;(b) unauthorized access to or alteration of the user's transmissions or data;(c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Gatepass.net.in be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Gatepass.net.in shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Gatepass.net.in control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

  1. Indemnification

You agree to indemnify, defend and hold harmless Gatepass.net.in and its owners QHSE Risk Consultants LLP and its Directors, Partners, Employees, Associates and Consultants from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Gatepass.net.in that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

  1. Pricing

Prices for products are as per contractual agreements incorporated into these terms by reference. Prices, products and Services may change at Gatepass.net.in’s discretion and without any notice.

  1. Delivery

Gatepass.net.in will make the delivery to your account upon completion of successful transaction case the funds are not received or stopped by you for any reason Gatepass.net.in reserves the right to cancel the order(s) at its discretion.

  1. Returns policy

There is no return policy for our products.

  1. Unauthorized Charges on your card

If you see charges on your credit/debit card for purchases made on Gatepass.net.in, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable Gatepass.net.in to begin an investigation.

  1. Cancellation of Fraudulent/Loss to business Orders

To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Gatepass.net.in reserves the right to cancel all past, pending and future orders without any liability. Gatepass.net.in also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.

The customer may be considered fraudulent if any of the following scenarios are met:

  • Customer doesn't reply to the payment verification mail sent by Gatepass.net.in
  • Customer fails to produce adequate documents during the payment details verification
  • Misuse of another customer's phone/email
  • Customer uses invalid email and phone no.
  • Overuse of a coupon code
  • Use of a special coupon not tagged to the email ID used.
  • Customer refuses to pay for an order
  • Invalid/Incomplete address cases
  • Repeated request for monetary compensation for petty issues
  • Account for the customers falling in fraudulent or loss to business category may be blocked.
  • Products ordered are not for self-consumption but for commercial resale
  • Any malpractice used to place the order
  • If a customer raises a complaint for partial item/partial order or full item/full order through Customer Care, in spite of receiving the item/product

 

  1. Discounts

Discount coupons - Discount coupons may from time to time be offered to account holders; such coupons may only be applied to purchases made through the account to which the discount voucher was offered and registered.

Promotional discount coupons- We may from time to time offer promotional discount coupons which may apply in respect of any, or certain specified, purchases made though this Website. These promotional discount coupons, however won't be re-issued for unsuccessful orders. Gatepass.net.in reserves the right to cancel any orders placed using promotional coupons. All coupons are non-transferable and have no cash value.

  1. Termination

Gatepass.net.in may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms and Conditions mentioned herein or otherwise was deemed by Gatepass.net.in.

If you or Gatepass.net.in terminates your use of the Website or any Service, Gatepass.net.in may return / delete any content or other materials relating to your use of the Service and Gatepass.net.in will have no liability to you or any third party for doing so.

You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

  1. Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.

  1. Headings:

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

 

 

  1. Interpretation Of Number And Genders:

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.

  1. Severability:

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

  1. Report Abuse:

As per these Terms, users are solely responsible for every report, data, pictures, images and material or content uploaded on to the Website. Gatepass.net.in does not review the contents in any way before they appear on the Website. Gatepass.net.in does not verify, endorse or otherwise vouch for the reports, datas, pictures, images and material contents of any user. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to customercare@Gatepass.net.in.

  1. Contact Information

Gatepass.net.in welcomes your comments regarding this privacy policy. If you have questions about this policy or believe that we have not adhered to it, please visit the Contact us page on our Website or send us an e-mail at: info@gatepass.net.in


 

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