Cooking Appliances Made Simple!

TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The term “Website” used in these Terms of Use or in any other policies and documents referred to in these Terms of Use shall mean and include www.gizmocooks.com, any mobile application of Gizmocooks and/or any interface available to a user for accessing or using the services provided by Gizmocooks.

Your use of a Gizmocooks including www.gizmocooks.com (the “Website”) and its related sites, services and tools is governed by the terms and conditions as contained herein (“Terms of Use”) applicable to the Website. Gizmocooks.com is an internet based portal owned and operated by BeeGee’s Test Kitchens, Unit No. 721, 7th Floor, Matrix, Plot # B4 Sector 132, NOIDA, India owns as sole owner and proprietor of the Website.

For the purpose of these Terms of Use, wherever the context so requires “you”, “your”, “yourself” or “user” shall mean any natural or legal person who (i) accesses the Website as guest user; (ii) accesses the Website and has agreed to become a member of the Website by providing Registration Data (as defined below) while registering on the Website as registered user; and/or (iii) accesses the Website as a registered user and uses the services available on the Website. The term ‘we’, ‘us’, ‘our’, “Gizmocooks” shall mean BeeGee’s Test Kitchens and includes its associates and affiliates.

The use of the Website is offered to you conditioned on your “Acceptance” of all the terms, conditions and notices contained in these Terms of Use. Upon “Acceptance” these Terms of Use shall be effective and binding upon you along with any amendments made by Gizmocooks at its sole discretion and posted on the Website and you shall not claim invalidity of these Terms of Use merely on the grounds that these Terms of Use are being concluded electronically. For the aforesaid purpose, “Acceptance” shall mean any act on your part which reflects your use of the Website or the services provided through the Website or any other actions that implies your acceptance. Further, when you use any of the services provided through the Website, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services including Intellectual Property Rights Policy and the Privacy Policy, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as an integral part of these Terms of Use. You hereby further agree that these Terms of Use are being concluded and executed at [Delhi].

AMENDMENTS

Gizmocooks reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to keep yourself updated and to check the Terms of Use periodically for any new changes or modifications. Your continued use of the Website following the posting of changes shall mean that you accept and agree to the changes and modifications so made. As long as you comply with these Terms of Use, Gizmocooks grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

By accepting these Terms of Use, you also accept and agree to be bound by the terms and conditions and policies as posted on the Website from time to time including without limitation Privacy Policy and Intellectual Property Rights Policy.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT/ACCEPTANCE TO ALL THE TERMS AND CONDITIONS IN THIS TERMS OF USE, SO PLEASE READ THIS TERMS OF USE CAREFULLY BEFORE PROCEEDING.

  1. MEMBERSHIP ELIGIBILITY
    Use of the Website is available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not transact or use the services offered through the Website. As a minor if you wish to use the Website, such use may be made by your legal guardian or parents who have registered as users of the Website. Gizmocooks reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws.
    If you are accessing our Website as a guest user, you shall only be able to access the free content available on the Website and not be allowed to use full functionality of the Website and avail all benefits as available to the registered users.
  2. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
    In order to participate in certain services provided by us, it may be necessary to register on the Website through purchase of site membership (“Subscription”). If you subscribe the Website and provide your Registration Data, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall also be responsible for all activities that occur under your User ID and Password. You agree, inter alia, to: (i) Provide true, accurate, current and complete information about yourself as prompted by the Gizmocooks Subscription form while registering (such information being the "Registration Data"); (ii) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times; (iii) You must immediately notify us of any unauthorized use of your password or account or any other breach of security; and (v) Ensure that you exit from your account at the end of each session. You further agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your Subscription with Gizmocooks and refuse to provide you with access to the Website. Gizmocooks shall not be liable for any loss or damage arising from your failure to comply with this Clause 2.
    You agree to pay, using a valid online payment system available on the Website, the monthly or annual membership charges set forth on the Website, applicable taxes, and other charges incurred on your account in order to access fee-based services. We reserve the right to increase fees, surcharges, and Subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on the Website. We will automatically charge your account for renewal of your Subscription. In the event Gizmocooks cannot charge your account, we reserve the right to terminate your access to the fee-based services. If you purchase a Subscription to access the fee-based services and cancel at any time during the Subscription period, we shall not refund the remainder of your Subscription fees for unused period of your Subscription. Further, you are requested to check the services available on the Website before making the payment for the Subscription so as to ensure the availability of the services as may be desired.
  3. ELECTRONIC EXECUTION AND COMMUNICATIONS
    When you use the Website or send emails or other data, information or communication to Gizmocooks, you agree and understand that you are communicating with Gizmocooks through electronic records and you consent to receive communications via electronic records from us periodically. We may communicate with you by email or by posting notices on the Website or by such other mode of communication, electronic or otherwise. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.
  4. USE OF WEBSITE
    1. You agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information that:
      1. belongs to another person and to which you do not have any right to; or
      2. that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or
      3. is misleading in any way; or
      4. is patently offensive to the online/e-commerce community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
      5. harasses or advocates harassment of another person; or
      6. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; or
      7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; or
      8. infringes upon or violates any third party's rights, (including but not limited to, intellectual property rights, proprietary rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or
      9. promotes an illegal or unauthorized copy of another person's copyrighted work (see “IP Policy” for instructions on how to lodge a complaint about any infringement of your intellectual property), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
      10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
      11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
      12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
      13. contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or
      14. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
      15. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Website. For the purposes of these Terms of Use, our “prior written consent” means a communication coming from our legal personnel, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization; or
      16. solicits gambling or engages in any gambling activity which Gizmocooks, in its sole discretion, believes is or could be construed as being illegal; or
      17. interferes with another user's use and enjoyment of the Website or any other individual user’s enjoyment of similar services; or
      18. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other websites, or contains content that is prohibited or violates the letter or spirit of these Terms of Use; or
      19. harm minors in any way; or
      20. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; or
      21. violates any law for the time being in force; or
      22. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
      23. impersonate another person; or
      24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information; or
      25. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
      26. is false, inaccurate or misleading; or
      27. creates liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
    2. We shall have the right to use Registration Data as provided by you through Subscription and such usage of Registration Data by us does not amount to violation of any rights you might have in your information. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Registration Data, in any media now known or not currently known, with respect to Registration Data. We will only use Registration Data in accordance with these Terms of Use and Privacy Policy as displayed over the Website.
    3. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content therein, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
    4. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any our servers, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
    5. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer/user, including any Gizmocooks account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
    6. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or on our systems or networks, or any systems or networks connected to the Website.
    7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or or interfere with any other person's use of the Website.
    8. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
    9. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Gizmocooks or others.
    10. You shall not engage in advertising to, or solicitation of, other users of the Website to avail services on the Website. You may not transmit any chain letters or unsolicited commercial or junk email to other users via Website. It shall be a violation of these Terms of Use to use any information obtained from us in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Gizmocooks without our prior explicit written consent.
    11. It is possible that some users of the Website (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you on the public forum due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website.
  5. CONTENTS POSTED ON SITE
    1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled by to Gizmocooks or third parties, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
    2. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
    3. You may use information on the Website purposely made available by us for downloading from the Website, provided that you:
      1. do not remove any proprietary notice language in all copies of such documents; or
      2. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
      3. make no modifications to any such information; or
      4. do not make any additional representations or warranties relating to such documents or information.
  6. PRIVACY
    We view protection of your privacy as a very important principle. We understand clearly that you and your personal identification information including the Registration Data as one of our most important assets. We store and process your personal identifiable information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. Our current Privacy Policy is available at Privacy Policy. If you object to your information being transferred or used in the way as provided in the Privacy Policy, please do not use our Website.
    Your Consent: By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Gizmocooks in accordance with our Privacy Policy as displayed on the Website. You agree and acknowledge that you have read and fully understood the Privacy Policy and the terms and contents of such Privacy Policy as mentioned in the Website is acceptable to you.
  7. DISCLAIMER OF WARRANTIES AND LIABILITY
    1. You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before subscribing to the Website.
    2. This Website, all the materials, contents, products (including but not limited to software) and services offered through the Website, included on or otherwise made available to you are on “as is” and “as available” basis without any representation or warranties, express or implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose, except otherwise specified in writing. Without prejudice to the forgoing paragraph, Gizmocooks does not warrant that:
      1. this Website will be constantly available, or available at all or the Website or the services offered on the Website will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; or
      2. the information on this Website is complete, true, accurate or non-misleading; or
      3. the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable;
      4. we will be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website.
      5. this Website; information, content, materials, product (including software) or services included on or otherwise made available to you through the Website; our servers; or any electronic communication sent from the Website are free of viruses or other harmful components;
    3. Nothing on the Website constitutes, or is meant to constitute, advice of any kind;
    4. All the services offered through the Website are governed by different state laws and if we are unable to deliver any products due to implications of different state laws, we will return or will give credit for the amount received by us from the sale of such product, that could not be delivered to you;
    5. You will be required to enter a valid phone number while placing an order on the Website. By subscribing your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS without your consent.
  8. BREACH
    1. Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your Subscription, and/or refuse to provide you with access to the Website in the event, but not limited to:
      1. If you breach the Terms of Use or Privacy Policy or any other rules and policies as displayed over the Website;
      2. If we are unable to verify or authenticate any information you provide; or
      3. If it is believed that your actions may cause legal liability for us, you, or other users. We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or any other rules and policies as displayed over the Website, we reserve the right to recover any amounts due and owing by you to us or to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
    2. You also agree that any breach by you of these Terms of Use or any other rules or policy as displayed over the Website will constitute an unlawful and unfair business practice, and will cause irreparable harm to Gizmocooks, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies shall be in addition to any other remedies we may have at law or in equity.
    3. If we initiate any legal action against you as a result of your violation of these Terms of Use or any other rules or policy as displayed over the Website, we shall be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us.
  9. INDEMNITY
    You shall indemnify and hold harmless Gizmocooks, its owner and their respective officers, agents, and employees (collectively, “indemnified parties”), from any claim or demand, or actions including reasonable attorneys' fees asserted against or incurred by such indemnified parties, made by any third party or penalty imposed due to or arising out of your breach or non-performance of the terms of these Terms of Use, Privacy Policy and other policies as displayed over the Website, or your violation of any law, rules or regulations or the rights of a third party.
  10. LIMITATION OF LIABILITY
    IN NO EVENT SHALL GIZMOCOOKS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, ITS SERVICES OR THIS TERMS OF USE, EVEN IF GIZMOCOOKS HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
    Gizmocooks’ liability in any circumstance is limited to the amount of Subscription fees, if any, paid by you to us. Gizmocooks, its service providers make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Gizmocooks assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
    1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
    2. Any interruption or errors in the operation of the Website.
  11. APPLICABLE LAW
    This Terms of Use or the documents it incorporates by reference shall be governed by and interpreted and construed in accordance with the laws of India. Any and all disputes arising under these Terms of Use or any other document as displayed over the Website between you and Gizmocooks shall be subject to the exclusive jurisdiction of courts at [Delhi].
  12. GENERAL
    1. Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Gizmocooks to [●], at [●], or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
    2. Severability: If any clause of the Terms of Use shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of these Terms of Use.
    3. Entire Agreement: These Terms of Use sets forth the entire understanding and agreement between you and Gizmocooks with respect to the subject matter hereof.
    4. Assignment: You cannot assign or otherwise transfer these Terms of Use, or any rights granted hereunder to any third party. We may transfer our rights and obligations (also known as “assign”) under these Terms of Use without your prior express consent, provided that we shall assign the Terms of Use on the same terms or terms that are no less advantageous to you.
  13. NO REFUND POLICY
    Once your subscription starts, you can't get a refund for any payments you've already made. If you don't want to subscribe anymore, do not renew the subscription. Your subscription in any case will be active until the end of the period you have paid for.
  14. GRIEVANCE OFFICER
    In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith
    Name of the Officer : Tina Nupur
    Address : Unit No. 722, 7th Floor, Matrix, Plot # B4 Sector 132, NOIDA, India
    Email : tinanupur@gizmocooks.com

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