Terms and Conditions

Effective Date: April 6, 2021

*Website Covered: https://redgorillas.io/*

This agreement constitutes a binding legal contract between RedGorillas Technologies LLP. (“RedGorillas”) (sometimes referred to as “we”, “us” or “our”) and you, with respect to your use of https://redgorillas.io/ and all websites, applications and communications that post a link to this agreement (collectively, the “Site”)(“Terms and Conditions”).

We reserve our right to change these Terms and Conditions in the future. Except as explicitly stated otherwise, your continued use of the Site will constitute deemed acceptance of our updated Terms and Conditions.

1. Site

1. We may from time to time, at our sole and absolute discretion and without notice to you, update the Site (or any part of it). We will not be liable to you or any third party for any modification, variation, interruption, suspension or discontinuation of the Site.
2. The Site may provide links to third party websites that are not owned, managed or controlled by us. You expressly acknowledge and agree that we are not responsible for the content of those third party websites. You are encouraged to read that third party’s terms and conditions, privacy policy and any other document that governs your relationship with that third party.
3. The Site uses cookies in accordance with our Cookies Policy, which can be found here: https://redgorillas.io/privacy-policy/.

2. Account

1. To access certain features on the Site, you may be required to create an account with us in the form provided by us.
2. You agree that by registering an account with us that you: all information you provide to us during the registration process is true and accurate to the best of your belief; and you have capacity to enter into contractual arrangements.
3. You agree that you are solely responsible for your account and all activities conducted on your account. You must keep your password and any other login information private and secure. Your account is registered to you, and you may not assign, transfer or otherwise dispose of your interest in your account without our express written permission.
4. We may, from time to time, provide rules that govern your activities whilst using your account (“Account Rules”). You expressly acknowledge and agree that you will abide by these Rules. Should you be in breach of the Account Rules, we may (at our absolute and sole discretion) restrict, prohibit, suspend or terminate your account. Should your account be terminated in accordance with this clause, we are not liable to you, or any third party, for any loss or damage suffered.
5. You may terminate your account, for any reason, by notifying us. You agree, however, that by terminating your account, your experience on the Site may be limited. We are not liable to you, or any third party, for any loss or damage suffered because of this.

3. Communications

By using the Site and providing your e-mail address, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may unsubscribe from these emails at any time.

4. User Submitted Content

1. The Site may allow you to publish, share, store and otherwise make available certain information, text, graphics, videos, or other content (“Content”).
2. We cannot guarantee the accuracy, integrity or quality of Content posted by users of the Site.
3. We are not liable for any statements, representations, or Content provided by Site users. Any opinions, advice or recommendations expressed therein are those of the users providing such Content and not those of RedGorillas.
4. You represent and warrant that you own or otherwise control the Content you post on the Site, and that the sharing of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
5. We take no responsibility and assume no liability for Content you or any third party posts on or through the Site. However, by posting Content you grant us a perpetual, worldwide, irrevocable, unrestrictive, non-exclusive royalty-free licence to use any Content in any manner whatsoever without compensation or attribution to you.

5. Objectionable Content and Behaviors

Content may not be submitted to the RedGorillas app, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libellous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

6. Prohibited Uses

1. Unless explicitly agreed by us, you acknowledge and agree that you may not use our Site for the following purposes:
2. use the Site in any way that violates any applicable local, national or international law or regulation
3. impersonate or attempt to impersonate any person or entity
4. engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site
5. monitor or copy any of the material on the Site for any unauthorized purpose without our prior written consent
6. attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site
7. use the Site in any manner that could disable, overburden, damage, or impair the Site
8. attempt to interfere with the proper working of the Site in any way whatsoever

7. Fees and Payment

1. You may be required to purchase or pay a fee to access some features of the Site. You agree to pay all fees due and payable to us (including all applicable taxes) at the prices then in effect for your purchases.
2. You represent and warrant that the information you provide to us is true, correct and complete.
3. Where payments are processed through our Site using third party payment processors, you also agree to any terms and conditions set by those payment processors.

8. Specifications

1. We may, from time to time, set certain minimum specifications required to access our Site to ensure all users have the best possible experience. You are solely responsible to obtain, keep and maintain all equipment and other software that meets our minimum specifications to enable you to have the best possible experience of our Site.
2. We may from time to time, at our sole discretion and without notice to you, make variations, modifications, alterations or updates to our Site (“Enhancements”). These Enhancements may be made to improve our Site to you or to comply with relevant legal requirements.
3. We will use reasonable endeavors to notify you of any scheduled disruptions to our Site, including those due to any Enhancements. However, regardless of whether a disruption is scheduled or not, we are not liable to you or any third party for any loss or damage caused by any disruption to our Site.

9. Copyrights and Trademarks

1. Except as expressly stated otherwise, you acknowledge and agree that the original content on the Site, and the software, features and functionality comprising the Site are the exclusive property of RedGorillas (the “Materials”) and its licensors
2. You agree you will not copy, reproduce, create derivative works from, transmit or distribute the Materials in any way without our prior written consent.

10. Limitation of Liability, Indemnities and Warranties

1. Except as expressly provided by law, we shall not be liable to you or any third parties for any loss, damage, expenses or any other liability arising directly or indirectly from the performance of our services to you. To the fullest extent permitted by law, all warranties or conditions implied by statute, at law, by trade, custom or otherwise are excluded.
2. You acknowledge and agree that you assume sole and entire responsibility for, and indemnify and hold us harmless from, any and all claims, liabilities, losses, expenses, responsibilities and damages by reason of any claim, proceedings, action, liability or injury arising out of or as a result of (i) your conduct in relation to these Terms and Conditions; (ii) your use of any material, advice or other results of the services provided to you; (iii) your relations with your clients and/or other third parties; or (iv) any breach of these Terms and Conditions by you.

11. Term and Termination

1. These Terms and Conditions will remain in full force and effect while you use the Site.
2. We may, without notice to you, immediately stop providing any services to you at our sole discretion for any reason whatsoever.
3. Where these Terms and Conditions are terminated in accordance with these Terms and Conditions, they will terminate without prejudice to any rights either party may have had against the other prior to termination. Further, all provisions of which by their nature should survive termination shall survive termination, including, without limitation: (i) all intellectual property you have granted us under these Terms and Conditions; and (ii) your obligation to pay any fees due to us at the time of termination; and (iii) warranty disclaimers, indemnity and limitations of liability.

12. Modifications

We may modify these Terms and Conditions at any time by posting the modified Terms and Conditions to the Site. Your continued use of the Site following the modification of the Terms and Conditions means that you accept and agree to be bound by the modified Terms and Conditions. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

13. Assignment

1. These Terms and Conditions will bind and inure for the benefit of the parties, including their respective successors, permitted assigns and legal representatives.
2. We may, without notice to you, immediately stop providing any services to you at our sole discretion for any reason whatsoever.
3. Provided your rights are not affected under these Terms and Conditions, we will be permitted to assign our interest in these Terms and Conditions without prior notice to you. However, you may not assign, transfer, novate or other dispose of your rights and obligations under these Terms and Conditions without our express written approval (which we may withhold in our sole discretion).

14. Privacy

You acknowledge that you have read and understood the terms of RedGorillas’s Privacy Policy, which can be found here: https://redgorillas.io/privacy-policy/. You agree that we may use your information (including disclosure to third parties) in accordance with the terms of our Privacy Policy.

15. Non-Waiver

Our failure to exercise, or delay in exercising, our rights under these Terms and Conditions does not operate as a waiver of that right.

16. Exclusion of Implied Relationships

Nothing in these Terms and Conditions shall be deemed or construed to constitute any party a partner, agent, representative, employer or employee of another party or to create any trust or commercial partnership unless specifically otherwise provided. We do not owe you any duty of good faith under these Terms and Conditions.

17. Severability

If any part of these Terms and Conditions are held to be illegal, invalid, or unenforceable, then that part shall be deemed deleted and shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.

18. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties with respect to the Company’s services and supersede all previous versions of the Terms and Conditions, understandings, arrangements, agreements, and communications, whether verbal or written, between the parties.

19) SHIPPING/DELIVERY/RETURN POLICY

You agree to ensure payment for any items You may purchase from Us and You acknowledge and affirm that prices are subject to change. When purchasing a physical good, You agree to provide Us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information You provide to us. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price. We also may request additional information from You prior to confirming a sale and We reserve the right to place any additional restrictions on the sale of any of Our products. You agree to ensure payment for any items You may purchase from Us and You acknowledge and affirm that prices are subject to change. For the sale of physical products, We may preauthorize Your credit or debit card at the time You place the order or We may simply charge Your card upon shipment. You agree to monitor Your method of payment. Shipment costs and dates are subject to change from the costs and dates You are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, You agree to contact Us in a timely manner at the following: info@redgorillas.io.

If You are unhappy with anything You have purchased on Our Website, You may do the following:

Email at [email protected] with the order number and we will initiate the refund policy.

We will make reimbursements for returns without undue delay, and not later than:

(i) 30 days after the day we received back from you any goods supplied; or

(ii) (if earlier) 30 days after the day you provide evidence that you have returned the goods; or

(iii) if there were no goods supplied, 30 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

20) PAYMENT & FEES

Should You register for any of the paid Services on this website or purchase any product or service on this website, You agree to pay Us the specific monetary amounts required for that product or those Services. These monetary amounts (“Fees”) will be described to You during Your account registration and/or confirmation process. The final amount required for payment will be shown to You immediately prior to purchase.

We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.

21) ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Owner.

a) You further agree not to use the Website or Services:

I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

II) To violate any intellectual property rights of the Owner or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate or discrimination towards any group;

VIII) To unlawfully gather information about others.

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly; (d) to violate any local, federal or international law, statute, ordinance or regulation; ((e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to damage, disable, overburden, or impair the Website or any other party’s use of the Website; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to personally threaten or has the effect of personally threatening other Users. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. The Company has the full authority to review all content posted by Users on the Website. You acknowledge that the Website is not responsible or liable and does not control the content of any information that may be posted to the Website by You or other User of the Website and you are solely responsible for the same. You agree that You shall not upload, post, or transmit any content that you do not have a right to make available (such as, the intellectual property of another party).

You agree to comply with all applicable laws, statutes and regulations concerning your use of the Website and further agree that you will not transmit any information, data, text, files, links, software, chats, communication or other materials that are abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

22) SALE OF GOODS/SERVICES

The Owner may sell goods or services or allow third parties to sell goods or services on the Website. The Owner undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Owner does not guarantee the accuracy or reliability of any product information and You acknowledge and agree that You purchase such products at Your own risk.

23. Applicable Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with Indian law. Both parties agree to submit to the jurisdiction of the courts of India with respect to any claim or dispute arising out of these Terms and Conditions.