Welcome to Terms and Conditions of Use of Gudgudi. Please ensure you have read these Terms before you start enjoying the App based services. Once you commence use of the App, you are going to be legally bound by these Terms.

If you do not accept the same and do not agree to be bound by and to follow the same, it is best recommended to not use the services of Gudgudi.




Overview

These Terms and Conditions of Use as well as the Privacy Policy (“Agreement”) constitutes a legally binding agreement made between you (hereinafter called the “User/s”), whether personally or on behalf of an entity and Kakcho Fashions Pvt. Ltd. and its affiliated companies, concerning your access to and use of the Gudgudi App.




Acceptance of Terms of Use

Gudgudi (the “App”) is operated by Kakcho Fashions Pvt. Ltd. The Terms and Conditions of Use and Privacy Policy as laid down by us are binding on all Users of this App. By downloading the App and making an account, User accepts the Terms and Conditions of Use and Privacy Policy laid down by us for User’s favorable use and safety.

In case Gudgudi determines a User has violated any part, provision or aspect of Terms and Conditions of Use or of Privacy Policy, Gudgudi reserves the right, at its sole discretion, to deny such User further or continuing access to the App. If at any stage there is a material breach of these Terms and Conditions of Use or of Privacy Policy, Gudgudi further reserves the right, at its sole discretion, to seek and obtain any other remedies available to it under applicable laws and regulations.




User Registration

User can register to create an account on the App through Mobile Number itself. Gudgudi respects every User’ privacy and will not access any of the social media accounts or other accounts linked to such Mobile Number for personal information.

User may create an account and register as a Member at no cost. As a Member, User is permitted to use all of the features and services available within the App.




Prohibited Use



  • User can't do any act which violates or helps or encourages others to violate these Terms and Conditions of Use and Privacy Policy.
  • User can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
  • User is not required to disclose his identity; however, for the purposes of registration, it is necessary that User must provide us with accurate and up to date information.
  • User can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
  • User can't post private or confidential information or do anything that violates someone else's rights and privacy.



Content Submitted by User

Users are allowed to share any content and information including but not limited to pictures, videos, articles, however, the same should be in conformity to this Agreement.

All the information and content, uploaded or displayed (hereinafter referred as “post”) on the App by a User shall be the sole responsibility of such User. Notwithstanding the same, Gudgudi may monitor content on the App and remove any content, which Gudgudi, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement. It is clarified that Gudgudi is under no obligation to regularly monitor the content

User shall be cautious that they will not submit Content in a manner that (i) infringes rights or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, or otherwise objectionable; (iv) unfavorably affects or reflects negatively on Gudgudi’s goodwill, name or reputation or causes duress, distress or discomfort to Gudgudi; (v) send or result in the transmission or junk e-mail, chain letters, or so-called “spamming”; (vi) transmit, distribute or upload programs or material that contain malicious code, such as viruses, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; (vii) circumvent, disable or otherwise interfere with security-related features of the Site or its features that prevent or restrict use or copying of any content

In view of the aforesaid, Gudgudi reserves the rights, in its sole discretion to take any such measures that it deems suitable and/or to remove any content from the App at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities)

User warrants that content submitted by them complies with standards of this Agreement, and User will be liable to us and indemnify us for any breach of that warranty. This means User will be responsible for any loss or damage suffered by due to User’s breach of warranty.



Content Removal and Disabling or Terminating User Account

If user uploads any content or information on the App which is in violation of the Terms and Conditions of Use or the Privacy Policy as laid down by us, Gudgudi reserves the right, at its sole discretion, to remove such content. We may also remove certain content or information, if required to do so by law. Gudgudi may remove such content on its own motion or due to a third party claim/report.

If in any circumstance, it is established that User creates risk or legal exposure for us, or violates or repeatedly attempts to violates the Terms and Conditions of Use or the Privacy Policy as laid down by us, or where we are permitted or required to do so by law, we may disable or terminate User account, with or without intimation to the respective User. If a User believes its account has been terminated in error, User may reach us on our Email address as provided herein.



Ownership Of Proprietary Right

  • Ownership in content submitted by Users.

    All the Intellectual Property Rights (as defined below) in and to the content submitted by a User are only User’s property and only such User shall retain all rights, titles and interests in connection therewith.

    “Intellectual Property Rights” means worldwide (a) rights associated with any patents, works of authorship, trademarks, logos, trade names, trade dress and goodwill rights whether or not registered, domain names, designs and photography including copyrights and copyrightable works (including computer programs) and registrations and applications therefor, (collectively, “Intellectual Property”); (b) rights analogous to those set forth in subsection and any other proprietary rights relating to intangible

    No transfer or grant of any ownership rights to any of Gudgudi’s Intellectual Property or other Property is made or is to be implied by any provision of this Agreement or by any other provision contained in the Platform with respect to the Gudgudi Materials or otherwise.

  • Gudgudi’s Rights

    All the Intellectual Property Rights to Gudgudi’s Intellectual Property, shown by or embodied in and/or attached/connected/related to the App (with the exception of the content submitted by Users), including without limitation any underlying software, platforms, algorithms, technology, App design, any information, services, texts, files, Platform and product documentation, videos, various applications, social graphs, organization, structure, specifications, application “look and feel,” navigation, features and related content that may be created in connection with the use of or registration to the App and/or other proprietary materials are the property of Gudgudi and only Gudgudi shall retain all right, title and interest in connection therewith.

    No transfer or grant of any ownership rights to any of Gudgudi’s Intellectual Property or other Property is made or is to be implied by any provision of this Agreement or by any other provision contained in the Platform with respect to the Gudgudi Materials or otherwise.

Permissions User Grants Us.

As part of this Agreement, User gives us permissions that we need to provide the Services under this App.

We do not claim ownership of User’s content that you post on the App, in any way. However, User grants us a license to use it. When you share, post or upload content covered by your intellectual property rights (like photos or videos) on the App, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. You are free to end this license anytime by deleting your content or account.

If User uses content covered by intellectual property rights that we have and make available in our App based services (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not User’s).



Waiver and Release

Users agree that neither Gudgudi, nor its directors, employees, agents, or affiliates shall have any liability to the Users under any theory of liability or indemnity in connection with the Users’ use of the App. Users specifically acknowledge that Gudgudi shall not be liable for Users’ submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with Users. Users hereby release and forever waive any and all claims they may have against Gudgudi, its directors, employees, agents, or affiliates for losses or damages sustained in connection with use of the App.



Disclaimer

OUR SERVICE IS PROVIDED "AS IS," AND WE CAN'T GUARANTEE IT WILL BE SAFE AND SECURE OR WILL WORK PERFECTLY AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

  • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
  • YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
  • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
  • DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE

WE ALSO DON’T CONTROL WHAT PEOPLE AND OTHERS DO OR SAY, AND WE AREN’T RESPONSIBLE FOR THEIR (OR USER’S) ACTIONS OR CONDUCT (WHETHER ONLINE OR OFFLINE) OR CONTENT (INCLUDING UNLAWFUL OR OBJECTIONABLE CONTENT).

USERS RECOGNIZE THAT THE USAGE OF APP WILL EXPOSE A USER TO OTHER USERS’ AD THIRD PARTY COMMENTS AND CONTENT FROM AN ASSORTMENT OF SOURCES, AND THAT GUDGUDI IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER’S OR THIRD PARTY’S COMMENTS OR CONTENT. USERS FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO OTHER USERS’ COMMENTS AND THIRD PARTY CONTENT THAT MAY BE OFFENSIVE, INDECENT, INACCURATE, OR OBJECTIONABLE, AND USER AGREES TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES USER HAS OR MAY HAVE AGAINST GUDGUDI WITH RESPECT THERETO. USER AGREES THAT IT SHALL BE THE SOLE RESPONSIBILITY OF THE USER TO USE CAUTION WHILE IMPLEMENTING THE CONTENTS OF USER IN REAL TIME. FURTHER, USERS ARE MADE AWARE THAT IMPLEMENTATION OF CONTENT MAY GIVE DIFFERENT RESULTS TO DIFFERENT PERSONS; USERS ARE REQUESTED TO BE VIGILANT, USE THEIR BEST JUDGMENT AND PRECAUTIONS IN THIS REGARD. WE ALSO AREN’T RESPONSIBLE ANY NEGATIVE IMPACTS OR DAMAGES DUE TO AFORESAID IMPLEMENTATION OF CONTENT UPLOADED BY USER, EVEN IF IT IS ACCESSED THROUGH OUR APP.



Indemnification

User agrees to indemnify, hold harmless and defend Gudgudi/Kakcho Fashions Pvt. Ltd., at their own expense, against any and all third party claims, actions, proceedings, and suits brought against Gudgudi/Kakcho Fashions Pvt. Ltd. or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by Gudgudi/Kakcho Fashions Pvt. Ltd. or any of its directors, employees, agents or affiliates, arising out of or relating to (i) User’s breach of any term or condition of this Agreement, (ii) User’s use of the App; (iii) User’s submitted Content. In such a case, Gudgudi shall server up on the User a written notice of such claim, suit or action. User is required to cooperate as fully as reasonably required in the defense of any claim. Gudgudi reserves the right to assume the exclusive defense and control of any matter subject to indemnification by User.



Disputes Resolution.

Any claim, cause of action, or dispute User has against us that arises out of or relates to these Terms and Conditions of Use and Privacy Policy ("claim"), may be resolved in any competent court in India that has jurisdiction over the claim.



Miscellaneous



  • If any aspect of this Agreement becomes unenforceable, the rest will remain in effect.
  • Any amendment or waiver to this Agreement must be in writing and signed by us. If we fail to enforce any aspect of this Agreement, it will not be a waiver.
  • We reserve all rights not expressly granted to User.
  • This agreement does not give rights to any third parties.
  • User cannot transfer its rights or obligations under this Agreement without our consent.
  • Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.



Updating These Terms.

These Terms and Conditions of Use and Privacy Policy are subject to change from time to time for accurate functioning and better security. Unless otherwise required by law, we will notify the User any changes made to these Terms and Conditions of Use and Privacy Policy and give the User an opportunity to review them. If the User continues to use the Service, they will be bound by the updated Terms. If the User does not want to agree to these or any updated Terms, the User shall be free to delete the account.