ARRANGEMENT OF SECTIONS
___________________________
CHAPTER I
INTERPRETATION AND DEFINITIONS……..4-6
WELCOME NOTE…………………………………………………………………………………………………………….4
SECTIONS
- Interpretation………………………………………………………………………………….……………..5
- Definitions…………………………………………………………………………………………………..5-6
CHAPTER II
COLLECTING AND USING YOUR PERSONAL DATA
- Types of Data Collected………………………………………………..7-10
- Use of Your Personal Data………………………………………….10-11
- Retention of Your Personal Data…………………………………………………….……12
- Transfer of Your Personal Data………………………………………………………….…………12
- Delete Your Personal Data………………………………………………………………..……..12-13
- Disclosure of Your Personal Data…………………………………………………….……………13
- Security of Your Personal Data……………………………………………………….…………….13
CHAPTER III
PROVISION OF YOUR PERSONAL DATA OUTSIDE INDIA………………………..14
CHAPTER IV
STORAGE PERIOD FOR PERSONAL DATA………………………………..………………………14
CHAPTER V
YOUR RIGHTS………………………………………………………………………………………..……….15
CHAPTER VI
TERMS OF OFFER………………………………………………………………………………….……16-23
- Customer Solicitation……………………………………………………………………………………16
- Opt Out Procedure………………………………………………………………………………………..16
- Proprietary Rights………………………………………………………………….…………………….17
- Taxes…………………………………………………………………………………….………….………….17
- Content, Intellectual Property, third Party Links…………………………………………….17
- Use of Gossip Bird App Platform………………………………………………….…………………….18
- License………………………………………………………………………………………………………..18
- Blogs………………………………………………………………………………………………………18-20
- Postings……………………………………………………………………………………………………….20
- Disclaimer Warranties…………………………………………………………………..………….20-21
- Limitation Of Liability…………………………………………………………………………………..21
- Indemnification……………………………………………………………………………………………22
- Copyrights/Trademarks………………………………………………………………………………..22
- Policy To Be Bound……………………………………………………………………………………….23
CHAPTER VII
GENERAL CLAUSE………………………………….23
- Force Majeure………………………………………………………………………………………………23
- Cessation of Operation……………………………………….…………………………………………23
- Entire Policy…………………….……………………………………………………………………………………23
CHAPTER VIII
GENERAL CLAUSE/JURISDICTION………………..23
- Governing law………………………………………………………………………………………………………………23
- Effect of Waiver……………………………………………………………………………………………24
- Governing Law/Jurisdiction…………………………………………………………………….24-25
- Statute of Limitation…………………………………………………………………………………….25
- Waiver of Class Action Rights……………………………………………………………………….25
- Termination…………………………………………………………………………………………………25
- Domestic Use……………………………………………………………………………………………….25
- Cancellation And Refund………………………………………………………………………………26
- Guarantee…………………………………………………………………………………………………….26
- Assignment…………………………………………… …………………………………………………..26
CHAPTER IX
CHILDREN’S PRIVACY…………………..26
CHAPTER X
LINKS TO OTHER WEBSITES…………………….27
CHAPTER XI
CHANGES TO THIS PRIVACY POLICY…………………………………………………27
CHAPTER XII
CONTACT US……………………………….27
Last updated: January 11, 2023
WELCOME NOTE
Welcome to Gossip Bird App Platform. This Platform is owned and Operated by Top Class Entertainment LLP, India. By visiting our Platform and accessing the information, resources, services, third party products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereinafter referred to as the ‘Policy’), along with the terms and conditions as stated in our Privacy Policy.
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We reserve the right to change this policy from time to time with/without notice. You acknowledge and agree that it is your responsibility to review this Policy periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement and policy of the modified terms and conditions.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
Please read this terms carefully. By using this platform or ordering any third party products from this platform you agree to be bound by all the terms and conditions of this policy.
Chapter I
Interpretation and Definitions
- Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application refers to “Gossip Bird App”, the software program provided by the Company.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Policy) refers to Top Class Entertainment LLP, India.
Cookies are small files that are placed on Your computer, mobile device or any other device by a Gossip Bird App Platform, containing the details of Your browsing history on that Gossip Bird App Platform among its many uses.
Country refers to: Delhi, India
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Application or the Gossip Bird App Platform or both.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any Gossip Bird App Platform or any social network Gossip Bird App Platform through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Gossip Bird App Platform refers to Gossip Bird App , accessible from Top class Entertainment
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Chapter II
Collecting and Using Your Personal Data
- Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include (and shall be abide by Information Technology Act and the Indian Penal Code under Section 465.), but is not limited to:
Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information from Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service’s account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.
Information Collected while Using the Application
While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:
- Information regarding your location
- Information from your Device’s phone book (contacts list)
- Pictures and other information from your Device’s camera and photo library
We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company’s servers and/or a Service Provider’s server or it may be simply stored on Your device.
You can enable or disable access to this information at any time, through Your Device settings.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
- Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related Gossip Bird App Platform statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies on TermsFeed Gossip Bird App Platform article.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Gossip Bird App Platform and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Gossip Bird App Platform.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Gossip Bird App Platform, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Gossip Bird App Platform.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
- Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
- Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal policys and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
- Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your policy to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
- Delete Your Personal Data
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
Our Service may give You the ability to delete certain information about You from within the Service.
You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
- Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
- Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Chapter III
Provision of Your Personal Data
Outside India
Your Personal Data may be provided to third parties outside India, such as our subsidiaries located outside India, etc. The names of the countries outside India (excluding those countries provided by the Enforcement Rules for the Act on the Protection of Personal Information as foreign countries which have systems to protect personal information that are found to be on the same level as those of India in protecting personal rights and interests) where third parties to which we may provide your Personal Data are located (excluding those third parties which have established systems meeting the standards provided by the Enforcement Rules for the Act on the Protection of Personal Information.
Chapter IV
Storage Period for Personal Data
We will retain your Personal Data that we collect for the period necessary to Process such Personal Data. For example, your membership information regarding services on a members-only Gossip Bird App Platform will be retained until you cancel your membership, and your access log will be retained for 18 months. However, this does not apply if we are required by laws or regulations to retain your Personal Data for a longer period of time, in which case, we will retain it for the period required by laws or regulations.
Chapter V
Your Rights
You have a number of legal rights in relation to the Personal Data that we hold about you. These rights may vary depending on where you are located and which data protection laws apply to the relationship between you and us, but typically will include the following:
(a) right to obtain information regarding Processing of your Personal Data and to access the Personal Data that we hold about you;
(b) right to request that we rectify your Personal Data if it is inaccurate or incomplete;
(c) right to request that we erase your Personal Data in certain circumstances;
(d) right to request that we restrict our Processing of your Personal Data in certain circumstances;
(e) right to object to our Processing of your Personal Data;
(f) right to receive your Personal Data in a structured, commonly used, and machine-readable format and/or to request that we directly transmit such Personal Data to a recipient where this is technically feasible; and
(g) right to withdraw your consent to our Processing of your Personal Data at any time.
You may exercise any of your rights by contacting us, using the information about us set forth in last section below. You also may lodge a complaint with the data protection authority if you believe that any of your rights has been infringed by us.
Chapter VI
Terms of Offer:
This platform offers for sale certain third party products. By placing an order for through this Gossip Bird App Platform, you agree to the terms set forth in this Policy.
- Customer Solicitation:
Unless you notify our third party call cente representatives or direct Gossip Bird App sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Gossip Bird App and its designated in house or third party call team(s).
- Opt Out Procedure:
We provide 3 easy ways to opt out of from future solicitations –
- You may use the opt out link found in any email solicitation that you may receive.
- You may also choose to opt out, via sending your email address to: [email protected].
- You may send a written remove request to GOSSIP BIRD APP sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from GOSSIP BIRD APP & 903 / 904 Vihav Supremus, off Gotri road, opposite to Iskon Heights, Vadodara, Gujarat 390016.
- Proprietary Rights:
Gossip Bird App has proprietary rights and trade secrets in the GOSSIP BIRD APP . You may not copy, reproduce, resell or redistribute any product manufactured and/or distributed by any third party displayed on the Gossip Bird App Platform. GOSSIP BIRD APP also has rights to all trademarks and trade dress and specific layouts of this Gossip Bird App Platform, including calls to action, text placement, images, and other information.
- Taxes:
If you purchase any, you will be responsible for paying the applicable taxes. (GST).
- Content, Intellectual Property, Third Party Links:
In addition to making available, this Gossip Bird App Platform also offers information and marketing materials. This Gossip Bird App Platform also offers information, both directly and though indirect links to third-party Gossip Bird App Platforms, about (kind of information). GOSSIP BIRD APP does not always create the information offered on this Gossip Bird App Platform; instead the information is often gathered from other sources. To the extent that GOSSIP BIRD APP does create the content on this Gossip Bird App Platform, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Gossip Bird App Platform is for personal, non-commercial use. Any links to third-party Gossip Bird App Platforms are provided solely as a convenience to you. GOSSIP BIRD APP does not endorse the contents on any such third-party Gossip Bird App Platforms. GOSSIP BIRD APP is not responsible for the content of or any damage that may result from your access to or reliance for the content of any damage that may result from your access to or reliance on these third-party Gossip Bird App Platforms. If you link to third-party Gossip Bird App Platforms, you do so at your own risk.
- Use of Gossip Bird App Platform:
GOSSIP BIRD APP is not responsible for any damages resulting from use of this Gossip Bird App Platform by anyone. You will not use the Gossip Bird App Platform for illegal purposes. You will –
- abide by all applicable local, state, national, and international laws and regulations in your use of the Gossip Bird App Platform (including laws regarding intellectual property),
- not interfere with or disrupt the use and enjoyment of the Gossip Bird App Platform by other users,
- not resell material on the Gossip Bird App Platform,
- not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and
- not defame, harass, abuse, or disrupt other users of the Gossip Bird App Platform.
- License:
By using this Gossip Bird App Platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Gossip Bird App Platform in connection with your normal, non-commercial use of the Gossip Bird App Platform. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from GOSSIP BIRD APP or the applicable third party (if third party content is at issue).
- Blogs:
- We may provide various open communication tools on our Gossip Bird App Platform, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Gossip Bird App Platform, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Oinfringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- contains any type of unauthorized or unsolicited advertising;
- impersonates any person or entity, including any Top Class Entertainment LLP, India employees or representatives.
- We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Policy, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- We do not assume any liability for any content posted by you or any other 3rd party users of our Gossip Bird App Platform. However, any content posted by you using any open communication tools on our Gossip Bird App Platform, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Gossip Bird App, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.
- You agree to indemnify and hold harmless www.Gossip Bird App.com a digital property of GOSSIP BIRD APP and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Policy or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Policy. In such event, you shall provide us with such cooperation as is reasonably requested by us.
- Posting:
By posting, storing, or transmitting any content on the Gossip Bird App Platform, you hereby grant GOSSIP BIRD APP a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. GOSSIP BIRD APP does not have the ability to control the nature of the user-generated content offered through the Gossip Bird App Platform. You are solely responsible for your interactions with other users of the Gossip Bird App Platform and any content you post. GOSSIP BIRD APP is not liable for any damage or harm resulting from any posts by or interactions between users. GOSSIP BIRD APP reserves the right, but has no obligation, to monitor interactions between and among users of the Gossip Bird App Platform and to remove any content GOSSIP BIRD APP deems objectionable, in GOSSIP BIRD APP ‘s sole discretion.
- Disclaimer of Warranties:
Your use of this Gossip Bird App Platform and/or are at your sole risk. The Gossip Bird App Platform and are offered on an “as is” and “as available” basis. GOSSIP BIRD APP expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the or Gossip Bird App Platform content, or any reliance upon or use of the Gossip Bird App Platform content or (” ” include trial .)
Without limiting the generality of the foregoing, GOSSIP BIRD APP makes no warranty:
- that the information provided on this Gossip Bird App Platform is accurate, reliable, complete, or timely.
- that the links to third-party Gossip Bird App Platforms are to information that is accurate, reliable, complete, or timely.
- no advice or information, whether oral or written, obtained by you from this Gossip Bird App Platform will create any warranty not expressly stated herein
- as to the results that may be obtained from the use of the products or that defects in products will be corrected.
- regarding any purchased or obtained through the Gossip Bird App Platform.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
- Limitation Of Liability
GOSSIP BIRD APP ’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the Gossip Bird App Platform content / and/or for any breach of this policy is solely limited to the amount you paid, less shipping and handling charges, for purchased via this Gossip Bird App Platform.
GOSSIP BIRD APP will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this policy &/or in any manner, including liabilities resulting from:
- the use or the inability to use the Gossip Bird App Platform content / ;
- the cost of procuring substitute content / ;
- any information obtained / purchased or transactions entered into through the Gossip Bird App Platform; or
- any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
conjunction with the Limitation of Liability as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of . Top Class Entertainment LLP, India will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources / , or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
- Indemnification:
You will release, indemnify, defend and hold harmless GOSSIP BIRD APP , and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of
- this Policy or the breach of your warranties, representations and obligations under this Policy;
- the Gossip Bird App Platform content or your use of the Gossip Bird App Platform content;
- the or your use of the (including Trial );
- any intellectual property or other proprietary right of any person or entity;
- your violation of any provision of this Policy; or
- any information or data you supplied to GOSSIP BIRD APP .
When GOSSIP BIRD APP is threatened with suit or sued by a third party, GOSSIP BIRD APP may seek written assurances from you concerning your promise to indemnify GOSSIP BIRD APP ; your failure to provide such assurances may be considered by GOSSIP BIRD APP to be a material breach of this Policy. GOSSIP BIRD APP will have the right to participate in any defense by you of a third-party claim related to your use of any of the Gossip Bird App Platform content / , with the counsel of GOSSIP BIRD APP ’s choice at its expense. GOSSIP BIRD APP will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend GOSSIP BIRD APP against any claim, but you must receive GOSSIP BIRD APP ’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Policy or your use of the Gossip Bird App Platform / .
- Copyrights / Trademarks
All content and materials available on Top Class Entertainment LLP, India, including but not limited to text, graphics, Gossip Bird App Platform name, code, images and logos are the intellectual property of GOSSIP BIRD APP and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by GOSSIP BIRD APP .
- Policy To Be Bound
BY USING THIS GOSSIP BIRD APP PLATFORM OR ORDERING , YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS POLICY AND ALL TERMS AND CONDITIONS ON THIS GOSSIP BIRD APP PLATFORM.
Chapter VII
General Clause
- Force Majeure: GOSSIP BIRD APP will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
- Cessation of Operation: GOSSIP BIRD APP may at any time, in its sole discretion and without advance notice to you, cease operation of the Gossip Bird App Platform and distribution of the .
- Entire Policy: This Policy comprises the entire policy between you and GOSSIP BIRD APP and supersedes any prior policys pertaining to the subject matter contained herein.
Chapter VIII
Governing Law
- Governing Law:
This Gossip Bird App Platform is controlled by GOSSIP BIRD APP from our offices located in the state of Delhi, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Delhi, India, by accessing our Gossip Bird App Platform, you agree that the statutes and laws of Delhi, India, without regard to its conflict of law principles to the contrary and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Gossip Bird App Platform and the purchase of any through this site.
- Effect of Waiver:
The failure of GOSSIP BIRD APP to exercise or enforce any right or provision of this Policy will not constitute a waiver of such right or provision. If any provision of this Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of this Policy remain in full force and effect.
- Governing Law/Jurisdiction:
This Gossip Bird App Platform originates from the , Delhi, India. This Policy will be governed by the laws of the State of Delhi, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Delhi, India without regard to its conflict of law principles to the contrary. Neither you nor GOSSIP BIRD APP will commence Delhi), India. This Policy will be governed by the laws of the State of Delhi, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Delhi, India without regard to its conflict of law principles to the contrary. Neither you nor or prosecute any suit, proceeding or claim to enforce the provisions of this Policy, to recover damages for breach of or default of this Policy, or otherwise arising under or by reason of this Policy, other than in courts located in State of Delhi, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Delhi, India. By using this Gossip Bird App Platform or ordering , you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Policy. You hereby waive any right to trial by jury arising out of this Policy and any related documents.
This Gossip Bird App Platform is controlled by GOSSIP BIRD APP from our offices located in the state of Delhi, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Delhi, India, by accessing our Gossip Bird App Platform, you agree that the statutes and laws of Delhi, India without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Gossip Bird App Platform and the purchase of any through this site.
Furthermore, any action to enforce this User Policy shall be brought in the courts having jurisdiction over such issue, located in Delhi, India. You hereby agree to judgement passed by such courts and waive any right to jurisdictional, venue, or inconvenient forum objections to such courts.
- Statute of Limitation:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Gossip Bird App Platform or or this Policy must be filed within one (1) year after such claim or cause of action arose else be forever barred.
- Waiver of Class Action Rights:
BY ENTERING INTO THIS POLICY, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIM WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THIS POLICY MUST BE ASSERTED INDIVIDUALLY.
- Termination:
GOSSIP BIRD APP reserves the right to terminate your access to the Gossip Bird App Platform if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Policy. Following termination, you will not be permitted to use the Gossip Bird App Platform and GOSSIP BIRD APP may, in its sole discretion and without advance notice to you, cancel any outstanding orders for . If your access to the Gossip Bird App Platform is terminated, GOSSIP BIRD APP reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Gossip Bird App Platform. This Policy will survive indefinitely unless and until GOSSIP BIRD APP chooses, in its sole discretion and without advance notice to you, to terminate it.
- Domestic Use:
GOSSIP BIRD APP makes no representation that the Gossip Bird App Platform or are appropriate or available for use in locations outside India. Users who access the Gossip Bird App Platform from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
- Cancellation And Refund:
Cancellation of order is not possible once the payment has been made. No refunds will be given except in the event of cancellation or non-performance of service by GOSSIP BIRD APP .
- Guarantee:
Unless otherwise expressed, GOSSIP BIRD APP & Top Class Entertainment LLP, India expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness of content / for a particular purpose and non-infringement.
- Assignment:
You may not assign your rights and obligations under this Policy to anyone. GOSSIP BIRD APP may assign its rights and obligations under this Policy in its sole discretion and without advance notice to you.
BY USING THIS GOSSIP BIRD APP PLATFORM OR ORDERING FROM THIS GOSSIP BIRD APP PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS POLICY.
Chapter IX
Children’s Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Chapter X
Links to Other Websites
Our Service may contain links to other Websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Chapter XI
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Chapter XII
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
By email: [email protected]
By visiting this page on our Gossip Bird App Platform: Top Class Entertainment LLP, India
By mail: 903 / 904 Vihav Supremus, off Gotri road, opposite to Iskon Heights, Vadodara, Gujarat 390016