Site Admin

TERMS AND CONDITIONS

Hello!

By using the GIFOLA Check-In mobile app and gifola.tech web application, you agree to be bounded by the following terms and conditions (the “Terms of Use” or “Consensus”). As used in this Consensus, GIFOLA, will be referred to as “GIFOLA” or “we,” and you will be referenced as “you”. This Consensus incorporates by reference the following policies and documents.

ACCEPTANCE

The terms and conditions govern your use of the site access and parking details, materials and documents being made available to you at this web mobile app, and the GIFOLA API (collectively, the “Materials”) By using the materials, you accept your consensus to all terms, conditions, and notices contained or referenced herein. If you do not agree to these terms of use please do not use this mobile app or the materials. We reserve the right, at our discretion, to update or revise these terms of use. Please check the terms of use periodically for changes. Your continued use of this Mobile app or the materials following the posting of any changes to the terms of use constitutes acceptance of those changes.

  1. GENERAL TERMS AND CONDITIONS

Reservation of Rights

The GIFOLA name and logo, all related product and service names, design marks and are the trademarks or registered trademarks of  GIFOLA Innovations Pvt Ltd. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any GIFOLA or third party trademark or logo without the prior written consent of GIFOLA or the applicable trademark owner.

The service provided by GIFOLA is limited to:

(i) Informing our customers of the permissions granted by the admin of RWA, office complexes, malls, all other public and private places (herein after referred as “Site”) to access the site as a member or a visitor with or without vehicle, despite the benefit of our service, the decision to utilize our assistance at site remains your responsibility and you assume that risk. The access permission and control of the site is only in the control of site admin and the members of that site. We therefore are not in charge of for any consequences arising from getting access denied. In all the access of human or vehicle, it will be governed by the rules of site admin and members of that site .

For clarification, GIFOLA does not:

  • Accept any responsibility whatsoever regarding the safety of persons or property or the vehicle while accessing the site
  • Guarantee the access to any site with or without vehicles in the location you visit.
  • Assume any responsibility whatsoever for the consequences of not being able to access the Site or delays associated while doing so

This Mobile app is intended for personal, non-commercial use (You may not use robots or other automated means to access this Mobile app, unless specifically permitted by GIFOLA. You represent that you are of sufficient legal age to create binding legal dedications for any liability you may incur as a result of your use of this Mobile app. You agree to promptly update your membership details (if applicable) in order to keep it current, complete and accurate.

Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard-copy portions of this Mobile app for the sole purpose of using this Mobile app as a shopping resource. Any other use of materials or Content on this Mobile app, including reproduction for a purpose other than that noted above without GIFOLA prior written consent is prohibited.

  1. PRIVACY POLICY: SECURITY

You confirm that you have read and accepted our privacy policy, the terms of which are incorporated herein, and agree that the terms of this policy are reasonable and satisfactory to you. Your consent to the use of your personal details by GIFOLA, and/or its third-party providers and distributors in accordance with the terms of and for the cause set forth in the privacy policy.

GIFOLA will not be in charge of for any actual or consequential damages that result from a security breach or technical malfunction.

  1. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

All comments, feedback, suggestions and ideas disclosed, submitted or offered to GIFOLA in connection with your use of this mobile app (collectively, “Comments”), shall be and remain the exclusive property of GIFOLA and may be used by GIFOLA in any medium and for any purpose worldwide without obtaining your specific consent. For example, your comments could be used on this mobile app and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any comments you submit. GIFOLA is not under any dedication to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any comments submitted, or to respond to any of your comments. You agree you will be only in charge of for the content of any comments you make.

  1. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

All comments, feedback, suggestions and ideas disclosed, submitted or offered to GIFOLA in connection with your use of this Mobile app (collectively, “Comments”), shall be and remain the exclusive property of GIFOLA and may be used by GIFOLA in any medium and for any purpose worldwide without obtaining your specific consent. For example, your comments could be used on this Mobile app and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any comments you submit. GIFOLA is not under any dedication to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any comments submitted, or to respond to any of your comments. You agree you will be only in charge of for the content of any comments you make.

  1. LINKS TO OTHER WEB MOBILE APPS AND ASSISTANCE

To the extent this Mobile app contains links to outside assistance and resources, any such links are provided for your benefit only. We do not control those outside assistance or resource providers, and we are not in charge of for their contents or practices, including their privacy practices. We do not endorse the operators of those outside assistance or resource providers, nor do we endorse or make any representations with respect to the contents of their web mobile apps or any products or assistance offered on those web mobile apps. Any concerns regarding such assistance or resources should be directed to the particular outside service or resource provider. GIFOLA does not guarantee or warrant the accuracy or completeness of the details or content included on the Web mobile apps of these outside assistance and resources.

  1. USER ACCOUNTS

You will be required to enter a valid 10 digit mobile number while registering on GIFOLA Mobile App (a “User Account”). By registering Your phone number with us, your consent to be contacted by us via phone calls, SMS, App notifications, and/or e-mails, in case of any subscription/service updates.

You agree that you will never divulge or share access or access details to your user account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Mobile app using multiple User Accounts.

  1. OWNERSHIP: SUBLICENSING

The Mobile app contains various details in the form of data, text, graphics, and other materials from GIFOLA and third parties (the “Mobile app Content”). You acknowledge that this Mobile app and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and herein after being developed. You also acknowledge that the Mobile app Content is and shall remain the property of GIFOLA or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Mobile app Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Mobile app and web Content, in whole or in part. GIFOLA retains all rights, title and interest in and to all intellectual property rights embodied in or associated with the Mobile app, including, without limitation, the API, Database, GIFOLA Content, trademarks, and any and all GIFOLA assistance and any content created or derived therefrom (collectively, the “GIFOLA IP”); There are no inferred licenses under this Consensus, and any rights not expressly granted to you hereunder are reserved by GIFOLA or its suppliers. You shall not take any action inconsistent with GIFOLA’s ownership of GIFOLA IP, neither party shall exceed the scope of the licenses granted hereunder. All license rights (under any applicable intellectual property right) granted herein are not sublicenseable, transferable or assignable.

  1. UPTIME

GIFOLA makes no guarantees with respect to the availability or uptime of the GIFOLA Mobile app, the API, the web app, GIFOLA Content or the database. GIFOLA may conduct maintenance on any of the foregoing at any time with or without notice to you.

  1. TERMINATION OF USAGE

User access to all or part of this Mobile app may be terminated or suspended at any time, without notice and for any reason that deems such an action as justified by GIFOLA.

  1. DISCLAIMER AND LIABILITY LIMIT

The Mobile app, the Mobile app Content, web app content, the API, the database, and any other materials and products on this Mobile app and web app are provided “as is” and without assurance of any kind, whether express or inferred. We assume no responsibility for the accuracy of any details contained on our Mobile app, for any interruptions or errors in accessing our mobile app. We make no assurance or representations regarding the use of the materials in this Mobile app in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Your Details Retention and Deletion

The details collected on our platforms is retained for different periods of time depending on what the details is and how it is used and how you configure your settings.

  • All the visitors’ details is retained for a specific period of time (period beyond which the data is deemed not to be reasonably necessary for operation or by law) and this interval will be as per the discretion of the GIFOLA/LAW. GIFOLA will delete all visitors’ details from its systems after 180 days by default. The RWA will have the option to reset this to 60 days, 120 days or 180 days, but no longer. Once deleted, even GIFOLA will not be able to retrieve past data.
  • Residents can see on their mobile app, their data & request GIFOLA to erase the same as requested. This is referred to as the Right to be Forgotten and can be requested to GIFOLA by writing to contact@gifola.tech
  • Guest visitors can get their details deleted at any given point of time by writing to contact@gifola.tech
  • We keep some data until your Society/Site is live on GIFOLA and all such details is deleted if your society is no longer live on our platform.
  • In case you have left a society on GIFOLA, you can change all your details on app and society admin can remove you from the members list. In case of more assistance you can write to contact@gifola.tech
  • However, some data we may retain for longer period of time when necessary for legal cause, such as security, fraud or financial record keeping.

When you delete data or request for deletion of data, we follow a process to make sure that all your data is safely and completely removed from all our servers. We also ensure that none of your details is subject to accidental or malicious deletion. This may lead to some delay between actual requests made and final deletion as we ensure that details deletion is genuine and not accidental from our active and backup systems. Any request to DPO will be replied within 7 days and actioned within 30 days subject to approvals from site admins not including the time taken by them in approvals.

Role and details of Data Protection Officer (DPO)

GIFOLA has a dedicated data protection and grievance personnel who will be in charge of for overseeing the company’s data protection strategy and its implementation to ensure compliance with various Privacy law requirements.

Our DPO is in charge of for the following:

  • Constantly educating the company and employees on important Data Privacy compliances
  • Training all staff involved in data processing
  • Conduct regular audits to ensure compliance and address any gap or issues proactively
  • Monitoring implementation and effectiveness of data protection efforts within company
  • Maintaining comprehensive records of all data processing activities, including cause and necessity of all processing activities, which must be produced on request.
  • Interfacing with data subjects to address how their details is being used, their right to have their personal data amended or erased and what measures GIFOLA has put in place to protect your personal details.

Some jurisdictions do not allow exclusion of certain assurance or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law.

  1. COPYRIGHT COMPLAINTS

If you believe this Mobile app, web app contains any content that contavenes your copyright, please contact our Copyright Agent, as detailed below, with the following details:

  • An electronic or physical signature of the person permitted to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been contavened
  • A description of where the material that you claim is violating is located on the Mobile app;
  • Your address, contact number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not permitted by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above details in your notice is accurate and that you are the copyright owner or duly permitted to act on the copyright owner’s behalf.

To contact our Admin, please email to contact@gifola.tech

  1. GOVERNING LAW

This Consensus shall be governed by and interpreted in accordance with the laws of India, without regard to its provisions governing conflicts of law. If we allege that you have contavened or threatened to contavene our intellectual property rights, then in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. You submit to the exclusive jurisdiction of the state and federal courts located in Gurgaon/ Haryana and waive any jurisdictional, venue, or inconvenient forum objections to such court.

All the disputes shall be subject to the Gurugram Court.

  1. MODIFICATION OF MOBILE – APP

GIFOLA may at any time modify these Terms of Use and your continued use of this Mobile app, web app, will be conditioned upon the terms and conditions in place at the time of your use.

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