Terms Of Use

PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY.

Our customer terms of service is a contract between us [Propel Guru Marketing And Sales Pvt. Ltd., Propel Guru, “us, our, we”] and you [the customer, the website user, or the website viewer] describing how we will work together and the terms and conditions governing and regulating the use of our website. These Conditions shall apply to all products and services offered and/or supplied by Propel Guru and it is your responsibility to read both this agreement and any other application terms that relates to your organization, project, or Marketing Services purchased.

Please note that Propel Guru reserves the unconditional and unchallenged right to amend, modify, or restate this Agreement (the “Amendments”) from time to time in its sole discretion, without prior notice. It is your responsibility to periodically review this agreement for amendments that shall be binding on you once it is posted on our website. The continued use of our website, products, or services after the posting of the amendments is deemed acceptance of this agreement and the amendments. If you have any objection to anything in these Terms or the Site’s Privacy Policy, please do not use the Site.

For the purpose of this agreement, all references to “days” will be measured in “calendar days”, unless otherwise noted.

Website Content

All content available on the website is the copyrighted work of Propel Guru Marketing And Sales Pvt. Ltd. Any redistribution or reproduction of this website, in whole or in part, without the prior written permission of Propel Guru is expressly prohibited by law, and may result in civil and criminal penalties.

All graphics, text, editorial, formatting, content, data, HTML, music, sounds, images, software, videos, designs, graphs, designs, typefaces and other content (collectively “Proprietary Material”), as well as the coordination, selection, arrangement and enhancement of such Proprietary Material, that users see or read on the Site is owned by Propel Guru Marketing And Sales Pvt. Ltd. or is used with permission. 

Please note that all proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Users may not use, redesign, download, sale, resale, distribute, redistribute, reconfigure, or retransmit anything from the Site without Propel Guru’s prior express written permission.

If you download executable programs from the service, the entire risk as to the results and performance of such programs is assumed by you. Propel Guru is not responsible for the accuracy of or errors or omissions in any such programs, and Propel Guru does not warrant that the operation of any such programs will be uninterrupted or error-free, or that any defects in any such programs will be corrected. 

Propel Guru makes no representations whatsoever about the suitability, reliability, truth, or accuracy of the content or information contained on the Site for any purpose. All such materials are offered “as is” without warranty of any kind. Propel Guru disclaims all conditions and warranties with regard to the website, including all conditions and warranties of merchantability, whether express, implied or statutory, title and non-infringement. 

Under no circumstances, Propel Guru Marketing And Sales Pvt. Ltd. shall be liable for any indirect, special, or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in negligence or other tortious action, or an action of contract, arising out of or in connection with the use of information available from the Site.

No Unlawful Or Prohibited Use

As a condition of your use of the Site, you will not use the website for any purpose that is prohibited or unlawful by these terms, conditions, and notices. Moreover, you may not use the website in any matter whatsoever that could disable, damage, impair, overburden, slow down, or corrupt the website or the servers that host it, or interfere with any other party’s use of the Site. 

You may not attempt to gain unauthorized access to the accounts, site, computer systems, or networks that may be accessed through the Site, through hacking, password mining or any other means. You may not attempt or obtain any materials or information through any means not intentionally made available through the Site.

By way of example, and not as a limitation, you agree that when using the Propel Guru website or Communication Services, you will not:

  • upload, transmit, post, email, or otherwise make available any content that is unlawful, abusive, harassing, tortious, defamatory, libelous, harmful, threatening, or invasive of another’s privacy;
  • impersonate any person or entity, including but not limited to a Propel Guru official or otherwise misrepresent your affiliation with a person or entity;
  • harm minors in any way;
  • upload, post, email, transmit or otherwise make available any content that infringes any patent, image or program, copyright rights, trademark, trade secret, or other proprietary rights of any party;
  • intentionally or unintentionally violate any applicable local, state, national or international law;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, charity requests, petitions for signatures, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
  • interfere with or disrupt the Propel Guru website or Communication Services or servers or networks connected to the Site or Communication Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Communication Services;
  • upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

Propel Guru reserves the unconditional and unchallenged right to terminate your access to the Site at any time and for any reason with or without notice to you. We shall not be liable to you for any loss associated with termination of such access.

Links To Third Party Sites

Links from the website to other websites on the web, if any, are provided as an information service only. It is your responsibility to comprehensively evaluate the usefulness, content, and relevance of the information obtained from other websites. Propel Guru is not responsible for their content and does not control such websites. 

Users further acknowledge that use of any website owned, controlled, or operated by third parties is governed by the terms and conditions of use for those websites, and not by Propel Guru’s Terms of Use and Privacy Policy. All users do hereby agree unconditionally to hold Propel Guru harmless from any liability that may result from the use of links that may appear on the Site.

Charges

  1.  Unless agreed otherwise in writing or by email, we will charge you for all work produced at our current standard charge out rates (if there are any changes to such rates you will be notified by emailed, writing, or telephone).
  2. All rates and fees will be in United States dollars (unless otherwise specified) and are exclusive of VAT, which will be charged in addition at the prevailing rate.
  3.  When uploading or downloading files, the time scale is not charged.
  4. All travel expenses, if incurred, will be charged at the hourly rate of the corresponding job and the amount charged will be the travelling time to and from the clients’ premises only.

Modifications To The Site

Propel Guru reserves the complete and unchallenged right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the user and Propel Guru shall not be liable to user or any third party for any modification or discontinuance of the Site.

Miscellaneous

Failure by Propel Guru to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right. These Terms, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of Ghaziabad, Uttar Pradesh, India, without regard to its conflict of laws rules. 

All claims and disputes arising out of these Terms or use of the Site shall be exclusively brought in the federal, state or local courts located in Ghaziabad, Uttar Pradesh, India; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms shall remain in full force and effect.

Authority

The person signing the Contract certifies that (s)he is lawfully and fully authorized to purchase services from Propel Guru on behalf of your company.

Confidentiality

Neither party may disclose to any other person the contents of an sow or use or disclose any of the Confidential Information of the other except:

(a) When required to do so by law or any regulatory authority; and

(b) To its (or any of its Associated Companies’) employees, contractors, directors, agents or advisers whose duties reasonably require such disclosure, on condition that the party making such disclosure ensures that each such person is informed of the obligations of confidentiality under these Terms and complies with those obligations as if they were bound by them.

Supply Of Services

  • Propel Guru will provide the Services and any Deliverable to the Customer with reasonable care and skill and in accordance with the relevant Statement of work (SOW).
  • Propel Guru will use all reasonable efforts to adhere to the provisions of any timetable included in the SOW.
  • The Customer will provide all such information, material, facilities and other assistance as Propel Guru may reasonably request in order to assist Propel Guru to provide the Services or otherwise perform its obligations under the SOW.

Effective Upon Execution

Terms and Conditions are binding on both parties on the date the Statement of Work is signed and/or payment is made.

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