Terms and Conditions

This document is an electronic record in compliance with the Information Technology Act, 2000 and the Rules and Regulations framed there under, as applicable and the amended 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.

1. Preface

The website (Website), is operated, maintained, and owned by Gustavo laboratories a company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter referred to as “GUSTAVO ” or “We” or “Our” or “Us” or “Company”) having registered office at 868 A roop Rajat bhawan, opp Benda Acupuncture, near arora motors, 10th up chopasni road, Jodhpur ,Rajasthan, India 342001

Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms”), including the applicable policies which are incorporated herein by way of reference. These Terms constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and GUSTAVO on the other Part.

By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms. Further, by impliedly or expressly accepting these Terms, You also accept and agree to be bound by Our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other

jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website

The Website is a platform that facilitates not limited to (i) online purchase of ayurvedic, cosmetic, food, veterinary products and cannabis leaf based medicines sold by various third party (“Third Party Suppliers”) and by the Company; (ii) online medical consultancy services/ second opinion being offered by third party independent practitioners (“Practitioners”); and (iii) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). Collectively these are referred to as the Services. The Third Party Suppliers, Practitioners and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”.

You agree and acknowledge that the Website is a platform that You and Third Party Service Providers utilize to meet and interact with another for their transactions. GUSTAVO is not and cannot be a party to or save as except as may be provided in these Terms, control in any manner, any transaction between You and the Third Party Service Providers.

We reserve the right to change or modify these Terms or any policy or guideline of the Website, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, we will inform You of such changes at least once a year. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.

2. Eligibility to Use

You must be competent to contract within the meaning of the Indian Contract Act, 1872. Persons who are incompetent to contract including 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 may use the Website only under the supervision of a parent or legal guardian or your parent/ legal guardian can transact on your behalf. If you are browsing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person to all the Terms and Policies herein. If the said person refuses to be bound by the Terms Policies, You agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.

3. Your Account

For using the Services, You can register and login on the Website or You can avail the any of the Services as a guest on the Website. You can also place an order with GUSTAVO’S customer care service for the same. If you register and login on the Website, You are responsible for maintaining the confidentiality of Your username and password and You will be fully responsible for all activities that occur under your account. You agree to immediately inform GUSTAVO of any unauthorised use of Your account or any breach of security with regards to your account registered with the Website.

As part of the registration process on the Website, GUSTAVO may collect the following personally identifiable information about you: including first and last name, email address, mobile phone number, demographic details such as age, gender, occupation, education, address etc., the links you click on the Website, the number of times you access the page and any such browsing information. You have to keep your account and registration details up-to-date with your current and correct details for receiving the communications related to your purchases from the Website.

By agreeing to the Terms, You can opt for receiving promotional offers and newsletters, which would entitle GUSTAVO’S to save your personal information for the intended purposes only. GUSTAVO stores only the necessary information required to make a purchase through the Website and does not disclose your confidential information to any third party without your consent.

After placing an order on the Website, if you choose to make payment online, through any of the various methods allowed

on the Website, GUSTAVO does not save any information related to your credit/ debit cards or CVV number. All the information you provide is processed through a secure server for enabling the online transaction.

4. Use of Services

4.1 Retail Services

For placing an order, You can register and login on the Website or You can place an order as a guest on the Website. You can also place an order with GUSTAVO ’s customer care service for the same. If you register and login on the Website, you are responsible for maintaining the confidentiality of your username and password and You will be fully responsible for all activities that occur under your account. You agree to immediately inform GUSTAVO of any unauthorised use of your account or any breach of security with regards to your account registered with the Website.

You agree and acknowledge that:

• All information, products and services displayed on the Website, does not constitute an offer to sell. The order placed by You shall constitute an offer to purchase particular product/s under these Terms at the price specified (including delivery and other charges).

• GUSTAVO reserves the right to accept or reject your offer for any reason (or no reason) including, but not limited to the unavailability of any product, an error in the price or product description. This shall be
• regardless of whether the order has been confirmed and/ or payment been received. In the event GUSTAVO cancels your order, GUSTAVO will provide full refund of any payment received. All information, products and services displayed on the Website, does not constitute an offer to sell. The order placed by You shall constitute an offer to purchase particular product/s under these Terms at the price specified (including delivery and other charges).

• Before placing an order, You will check and verify the product description carefully. By placing an order for a product You are bound by the conditions of sale included in the product’s description.

• The prices and availability of the products are subject to change without prior notice to you, at the sole discretion of GUSTAVO.

• We may revise and cease to make available any product at anytime. In the event, GUSTAVO is unable to deliver the product, you will be notified by e-mail and your order will be automatically cancelled due to unavailability of the product. In such an event, We shall not be liable to pay any damages to you owing to cancellation of the order.

• GUSTAVO has granted you a limited, non-exclusive and non-transferable license to access and make personal and non-commercial use of the Website and not to download (other than page caching) or modify any portion of the Website. This license does not enable you
• to engage in any resale of the products ordered or to indulge in any commercial use of the Website or its contents contained therein. We reserves a right to discontinue your account without providing you any reason thereof. The products available on the Website are for your personal use only. The products received by you from GUSTAVO cannot be resold for commercial purposes.

• You are solely responsible for maintaining confidentiality of Your account, password and restricting access to your computer, and You hereby accept responsibility for all activities that occur under your account and password. If you suspect any misuse of Your account, You are required to inform Us immediately at the Contact Information provided hereinbelow. If GUSTAVO finds a breach or suspects a breach of security of Your account, We may require you to change your password, temporarily or permanently block or suspend your account without any liability to GUSTAVO.

• We reserve the right to refuse service and/or terminate your account without giving you any prior notice if these Terms are violated or if We decide, in GUSTAVO ’s sole discretion, that it would be in GUSTAVO’s best interest to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Website.

• Any recommendation made to you in the Website,
• during the course of your use of the Website, is purely for informational purposes and for your convenience and does not amount to endorsement of GUSTAVO’s products in any manner.

• In the event any product purchased by You from the Website causes any side effects to You, please note that we shall not be held liable and/ or held responsible in any manner whatsoever and the same shall be at Your sole responsibility. You should carefully read the product description to ensure that the ingredients in the products do not cause any side effects/ allergic reactions to You and You may even consult a specialist prior to using the said products.

• You shall not upload, publish, host, transmit, display, modify, update or share any information that, in the sole discretion of GUSTAVO, is grossly racial, harmful, sexual, defamatory, obscene, pornographic or otherwise unlawful in any manner whatsoever. Further, you shall not interfere with any other person’s use or enjoyment of the Website or breach any applicable law.

• You will provide true, accurate and authentic information in all instances where such information is requested from You by GUSTAVO. Further, GUSTAVO reserves its right to confirm and validate the information and other details provided by You at any point of time. If upon confirmation, Your details are found not to be true, partially or wholly, then GUSTAVO in its sole discretion has the right to reject your registration and to debar you
• from using any service of GUSTAVO without any prior intimation.

• The address at which delivery of the product, ordered by You, is to be made will be correct and proper in all respects. In the event of non-delivery or late delivery occurs on account of a mistake by You (i.e. wrong or incomplete name or address or any other wrong information) any extra cost incurred by GUSTAVO for redelivery of the said order shall be borne by you, prior to the redelivery being arranged.

• You authorise GUSTAVO to contact you for any transactional purposes related to your order/ account.

• GUSTAVO shall not entertain any complaint after 15 days of the order having been delivered to you.

• All products are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any, provided in the product packaging. To the fullest extent possible by applicable law, We hereby disclaim all warranties of any kind, either express or implied, including without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose. Without limiting the generality of the foregoing, We hereby expressly disclaim all liability for product defect, any damage suffered by you from use of the services on the Website or failure claims that are due to normal use, product misuse, abuse, product modification, improper product selection, non-compliance with any codes or
• misappropriation of any kind. GUSTAVO will not be liable to you or to any third party for any consequential, incidental, indirect, punitive or special damages (including without limitation, damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the Website or products, regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring.

PRODUCT DESCRIPTION:

1. GUSTAVO attempts to be as accurate as possible in the description of the product on the Website. However, We do not warrant that the product description, colour, information or other content on the Website is accurate, complete, reliable, current or error free. The Website may contain typographical errors or inaccuracies which may not be complete or current.

2. The product pictures are indicative and may not match the actual product. GUSTAVO has made every effort to display the colours of the products that appear on the Website as accurately as possible. However, as the actual colours you will see depend on your monitor, GUSTAVO cannot guarantee that your monitor’s display of colour will be accurate.

3. GUSTAVO reserves the right to correct, change or update the information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the

product.

4. The availability of our products shall depend on seasonal variations as the raw materials procured for manufacturing our products are naturally sourced, which may result in our products not being available at all times on the Website. Further, as the raw materials procured for manufacturing our products are naturally sourced, it is possible that due to sedimentation occurring in our products especially juices, the colour, texture and taste may differ between batches because of seasonal variations but the nutritional value of our products always remains constant.

5. GUSTAVO intends to provide you with general information about GUSTAVO’s products. The information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or responsibility for the accuracy, completeness, appropriateness or usefulness of the information. For any specific medical conditions or issues, you are advised to seek opinion from a certified medical practitioner. In the event you rely on the information provided by GUSTAVO, you do so at your own risk. Under no circumstances will GUSTAVO be liable for the information or the consequences or relying upon on such information.

4.2 Online Consultancy Services

• GUSTAVO is an online health platform that allows Users to connect with Practitioners in real time, via live video conferencing, telephone and/or secure messaging for the diagnosis and treatment, as well as providing other types of administrative services and information.

• NO DOCTOR-PATIENT RELATIONSHIP: GUSTAVO does not replace Your relationship with the Practitioner. The information interpreted SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from Your physician or other qualified healthcare provider.

• You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to You on the Website (including Information provided in direct response to Your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a doctor/medical professional-patient relationship, but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Website should be used for information purposes only.

• GUSTAVO is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and We believe that You, in connection with the advice You receive from Your doctor or other professional healthcare provider, are the best decision maker about Your health. We cannot make decisions for you. However, what We can do is help You find good health information and connect with
• doctors for in-person information.

• We do not recommend or endorse any specific Medical Expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline.

• The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore We strongly discourage any delay in seeking advice from Your doctor on account of something that You may have heard/viewed on the Website. You take full responsibility for ensuring that the information submitted is accurate and We shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask You to share more information as and when needed.

• Your use of online medical consultancy services are governed by GUSTAVO terms and conditions and privacy policy that can be accessed here and by availing the online medical consultancy services you consent to the online consultancy consent.

5. Indemnification

You agree to indemnify, save, and hold Us, our promoters, directors, affiliates, contractors, service providers, employees, officers, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation to legal fees and expenses, arising out of or related to Your use or misuse of the Website, violation by You any of the terms, or any breach of the representations, warranties, and covenants made by You herein. We reserve Our right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with Us to defend and settle the claims. We will make reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This clause shall survive termination of this agreement.

6. Liabilities and Damages

In no event will We or Our contractors, directors, officers, agents, licensors, partners be liable to You for any special, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, arising out of or relating to (i) this agreement, and (ii) the use or inability use the Services.

7. Ownership; Proprietary Rights

All rights, including copyright, in the Website are owned or controlled for these purposes by GUSTAVO. Except where expressly stated otherwise, you are not permitted to do any derivative work, copy, download, store (in any medium), transmit, broadcast, show or display in public, adapt or change in any way the content on the Website for any purpose whatsoever without Our prior written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible under applicable law. Any other rights, not expressly granted herein, are reserved.

The Website includes a combination of content that We create, that our partners or licensors or associates create. All materials published on the Website, including, but not limited to software(s), advertisement(s), written content, views, reviews, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and flash animation, are protected by our copyrights or trademarks or those of our partners or licensors or associates. You are not permitted to copy, modify, publish, transmit, reproduce, create derivative works of, distribute, publicly perform or display, or in any way exploit any of the materials or content on the websites in whole or in part.

All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Website belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks,

labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocable confirm and undertake that We shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Website under license or rights or affiliation with the said person, entity or third party.

• DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE SITE IS PRESENTED “AS IS.” NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF

BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) LOSS OR HARM ARISING OUT OF OUR PRODUCTS WHICH LOSS OR DAMAGE CANNOT DIRECTLY AND SOLE BE ATTRIBUTABLE TO OUR NEGLIGENCE; OR (h) LOSS OR HARM ARISING OUT OF YOUR USE OF SERVICES FOR WHICH LOSS THE OR DAMAGE CANNOT DIRECTLY AND SOLE BE ATTRIBUTABLE TO OUR NEGLIGENCE; OR (i) EVENTS BEYOND THE REASONABLE CONTROL OF BOHECO. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

• REPRESENTATIONS AND WARRANTIES

This Site is provided to you “AS IS”. We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. GUSTAVO shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.

You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.

GUSTAVO shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. GUSTAVO does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

GUSTAVO through the Site intends to provide its users with general information about beauty and healthcare topics and products. The Site encourages its users to interact with

GUSTAVO and its employees by asking questions that enables the user to obtain information of a general nature pertaining to beauty and healthcare topics. The postings on the Site or on social networking sites, including the Site’s Facebook page, or any information provided over chat or e-mails exchanged with GUSTAVO, its employees or representatives (collectively referred to as “Information “) which are in furtherance of any communication made by the user with GUSTAVO, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. While GUSTAVO takes reasonable care to ensure that the Information is accurate, GUSTAVO makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek opinion from a certified medical practitioner. In the event any user relies on the Information provided by GUSTAVO or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will GUSTAVO, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.

For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.

• LINKS AND THIRD PARTY SITES

References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply GUSTAVO endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between GUSTAVO and those third parties.

GUSTAVO is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites or quality or sufficiency of services provided on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. GUSTAVO do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.

8. Termination

Termination by US: You agree that We, in our sole discretion, for any or no reason, may suspend or terminate Your access to the Services, at any time without assigning any reason. You agree that any termination may be effected without prior notice, and You agree that We will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are

in addition to any other remedies We may have at law or in equity.

9. Consequence of Termination

Upon termination of this agreement for any reason We will, block Your access to the Services and/or delete Your Services Account.

10. Services provided by Third-party(ies)

We do not in any way warrant or represent about the quality or nature of the products or services which may be offered by a third-party. Your correspondence or dealings with, or participation, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third-party. We shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such third-party on the Website, and any such interaction with a third-party advertiser shall be undertaken by You at your sole risk and liability.

11. Waiver

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by our authorised representative.

12. Notice

We may provide You with notices and communications by

email, regular mail or postings on the Website or by any other reasonable means. Except otherwise communicated, notice to Us must be sent by mail to: . CUSTOMERCARE@GUSTAVOINDIA.com

13. Force Majeure

GUSTAVO shall not be liable to the User(s) for any delay or non-performance of its obligations arising from any cause beyond its reasonable control including but not limited to any act of God, governmental act, act of any regulatory authority, supervening illegality, war, malicious damage, fire, flood, epidemics, pandemic(s), including but not limited to coronavirus (COVID-19) or any other health risk outbreaks, explosion, power blackout, breakdown of any equipment, loss of utility, civil commotion, industrial dispute, acts or omissions of telecommunications or data communications operators or carriers or of any other third parties or, in relation to the Services any technical or other problems affecting any operation of the Services (a “Force Majeure Event”).

• Governing Laws and Disputes Redressal

The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at JODHPUR shall have exclusive jurisdiction.

Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site,

between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in JODHPUR.

Without any prejudice to the clause above, GUSTAVO shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be JODHPUR.

14. Severability

If any provision of aforementioned Terms is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent required, and the remaining provisions will remain valid and enforceable.

15. Communication

You agree to receive certain specific emails from Us. You hereby confirm that You do not have any objection to receiving emails, messages and calls from Us and Our members. This consent shall supersede any preferences set

by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register. This consent extends to emails, messages or calls relating to your association with the Website under these Terms.

16. Assignment

These Terms, and any rights granted hereunder, may not be transferred or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

17. ENTIRE AGREEMENT

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and GUSTAVO with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

GUSTAVO’S failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

18. General Obligations

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation

• Without limiting the foregoing, you agree that you will not use the Website to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information 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;

• infringes any patent, trademark, copyright or other proprietary rights;

• contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its websites, any software or hardware, or telecommunications equipment;

• advertises or offers to sell any goods or services for any commercial purpose;
• is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain 

GUSTAVO is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from GUSTAVO on this Site.

19. GENERAL

You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these

Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

If you have any questions regarding these Terms and Conditions, please email us at [CUSTOMERCARE@GUSTAVOINDIA.com]

CONTACT INFORMATION:

Email: CUSTOMERCARE@GUSTAVOINDIA.COM

Phone: +91 8619116065