The website Gilda 360 and the information, services and materials contained therein are owned and operated by Gilda Enterprises Private Limited (collectively, “Gilda 360”). Gilda 360 provides an online venue and services that connect users providing information, courses and advice (the “Experts”) with users seeking information, courses and advice (the “Seekers”) (collectively, the “Services”), which Services are accessible at www.gilda360.com and any other websites through which Gilda 360 makes the Services available (collectively, the “Site”). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, and Services and all Collective Content (as defined below) and constitute a binding legal agreement between you and Gilda 360. Each of the Services may have a separate set of terms dealing with refunds, deferrals, payments, etc. governing such Services, and our clients may have executed separate written agreements with us, which, in the event of a conflict, will supersede these Terms to the extent of the conflicting provisions.
In these Terms, “you” and “your” refer to the individual or entity that uses the Site or Services. “We”, “us”, or “our” refer to Gilda 360. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa. These Terms shall apply to Gilda 360 hosted mobile apps, WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forums hosted by Gilda 360, which shall be deemed to be part of the Services by reference. You acknowledge that certain parts of the Platform, as mentioned above, are provided by third-party service providers, and you agree to abide by their terms and conditions. Gilda 360 shall not be responsible for any disruption of services caused by such third-party service providers.
GILDA 360 HAS NO CONTROL OVER THE CONDUCT OF MEMBERS OR OTHER USERS OF THE SITE AND SERVICES OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Gilda 360 makes no representations that the Site operates (or is legally permitted to operate) in all geographic areas, or that the Site, or information, services or products offered through the Site are appropriate or available for use in other locations. Accessing the Site from territories where the Site, or any content or functionality of the SIte or its portions thereof is illegal, is expressly prohibited. If you choose to access the Site, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
“Appointment” means a scheduled VOIP call coordinated via the Services between Members in connection with and subject to the terms of a Listing.
“Gilda 360 Content” means all Content that Gilda 360 makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and Gilda 360 Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Expert” means a Member who offers information and advice to other Members and creates a Listing via the Site or Services.
“Listing” means an offer by an Expert to provide the Services via the Site and Services.
“Member” means a person who completes Gilda 360’s account registration process as described under “User Account Registration” below, and includes, without limitation, Experts and Seekers.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services and includes, without limitation, Listings. “Seeker” means a Member who uses the Site or Services to access information and advice from other Members.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE Site or SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE Site. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE Site, SERVICES OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Gilda 360 reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fee (as defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. Modifications to these Terms shall automatically be effective upon posting. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are 18 or older and able to form legally binding contracts.
Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply). Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.
How the Site and Services Work
The Site is a platform for Members to connect and schedule Appointments in order to exchange information with other Members. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to use the Services or post a Listing, you must first register to create a Gilda 360 Account (as defined below).
Gilda 360’s role is solely to facilitate the availability of the Site and Services and to provide services related thereto, such as Appointment scheduling, call queuing, call cycling, payment integration and call facilitation. Gilda 360 does not provide and is not responsible for Member Content or any information or advice exchanged between Members during Appointments or otherwise. Gilda 360 does not verify the credentials of any of its Members. You understand and acknowledge that Experts are not employees or agents of Gilda 360 but are independent service providers using the Site and Services to market their expertise to other Members and the public. You acknowledge that Gilda 360 will not be liable for any loss or damage caused by your reliance on information provided by Members or information contained in Member Content.
PLEASE NOTE THAT, AS STATED ABOVE, THE Site AND SERVICES ARE INTENDED TO BE USED TO FACILITATE MEMBER INTERACTION. Gilda 360 CANNOT AND DOES NOT CONTROL OR GUARANTEE THE CONTENT CONTAINED IN ANY LISTINGS OR THE INFORMATION EXCHANGED BETWEEN MEMBERS VIA THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT GILDA 360 IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND INFORMATION PROVIDED UNDER THE SERVICES. ACCORDINGLY, ALL MEMBERS USE THE Site AND SERVICES AT THEIR OWN RISK.
During your use of the Site, you will:
· not harass other users, attendees, support agents or visitors;
· not create an atmosphere of disharmony, hostility within groups;
· not cheat on any assignment or exams;
· not post online any secured testing materials;
· not share solutions to assignments or exams; and
· notify us immediately if you become aware of any other user cheating or breaching these Terms, and comply with the requirements of the specific applicable code of conduct, if any, relating directly to the Services into which such user is enrolled.
User Account Registration
Direct Registration: To access certain features of the Site and to create a Listing, you must register to create an account (“Gilda 360 Account”) and become a Member. You may register directly via the Site or as described in this section.
We will create your Gilda 360 Account and your Gilda 360 Account profile page for your use of the Site based upon the personal information you provide to us. You may not have more than one (1) active Gilda 360 Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Gilda 360 reserves the right to suspend or terminate your Gilda 360 Account and your access to the Site and Services if you create more than one (1) Gilda 360 Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Gilda 360 Account, whether or not you have authorized such activities or actions. You will immediately notify Gilda 360 of any unauthorized use of your Gilda 360 Account.
You (as an Expert) may create Listings to offer your services to other Members. To this end, you may need to provide information regarding the expertise you offer as well as pricing and other financial terms applicable to your offering. Listings will be made publicly available via the Site and Services.
Seekers will be able to schedule an Appointment with you via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Seeker requests an Appointment, the price quoted under your Listing may not be altered.
You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the agreements you enter into with Seekers (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) comply with all applicable laws, Tax requirements, and rules and regulations that may apply to you and (b) not conflict with the rights of third parties. Please note that Gilda 360 assumes no responsibility for the content of Listings or for any Member’s compliance with any applicable laws, rules and regulations.
You understand and agree that Gilda 360 may not be involved in the interactions between Members and does not refer or endorse or recommend particular Experts to Seekers. You also understand and acknowledge that Gilda 360 does not edit, modify, filter, screen, monitor, endorse or guarantee Member Content or the content of communications between Members. As stated above, Gilda 360 is not party to any agreements entered into between Members.
Gilda 360 reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Gilda 360, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services. You acknowledge and agree that, as an Expert, you are responsible for your own acts and omissions.
As stated above, Gilda 360 does not endorse any of its Members. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or credentials. You are responsible for determining the identity and suitability of others who you contact via the Site and Services.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Gilda 360 with respect to such actions or omissions.
Appointments and Financial Terms
Appointments and Financial Terms for Experts: If you (as an Expert) have received an Appointment request from a Member, you will be required to either confirm or reject the request within 48 hours of when the request is made (as determined by Gilda 360 in its sole discretion). When an Appointment is requested with you via the Site and Services, we will share with you (i) the first and last name of the Seeker who has requested the Appointment, and (ii) a link to the Seeker’s Gilda 360 Account profile page, so that you can view this information before confirming or rejecting the Appointment. When you confirm an Appointment request, Gilda 360 will send you an email, text message or message confirming such booking, depending on the selections you make via the Site and Services.
The amount due and payable by a Seeker relating to Appointment time with you is referred to as an “Appointment Fee”. Appointment Fees are quoted in each Listing, in U.S. dollars and in a price per minute format (the “Appointment Fee Rate”). Please note that it is Experts, and not Gilda 360, which set all Appointment Fee Rates.
In consideration of the Services, Gilda 360 charges you a fee (the “Service Fee”) based on a percentage of Appointment Fees collected on your behalf. The applicable percentage will be communicated to you on email before your profile is accepted as an expert or during any future changes. You agree to keep your email address on file with Gilda 360 up-to-date. The Service Fee is deducted from the Appointment Fee payable to you in respect of an Appointment. At the beginning of each Appointment, Gilda 360 calculates the appropriate Appointment Fee payable by the Seeker to you based on the duration of the Appointment and the applicable Appointment Fee Rate. If you choose to extend the timings beyond the scheduled duration, no fee will be charged to the Seeker for the same. After deducting the applicable Service Fee, Gilda 360 remits the balance of the Appointment Fee once in a month to you via its third party provider in U.S. dollars. Except as otherwise provided herein, Service Fees are non-refundable.
Please note that Gilda 360 does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Gilda 360 reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Gilda 360 will provide notice of any Listing fee collection via the Site and Services, in accordance with these Terms, prior to implementing such a Listing fee feature.
Appointments and Financial Terms for Seekers
You (as a Seeker), not Gilda 360, are solely responsible for honoring any confirmed Appointments. If you choose to enter into a transaction with an Expert by scheduling an Appointment via the Site, these Terms and other terms, conditions, rules and restrictions associated with such Appointment as set out in the Listing may apply. You acknowledge and agree that you, and not Gilda 360, will be responsible for performing the obligations of any such agreements, and Gilda 360 is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
You agree to pay Gilda 360 all Appointment Fees due in connection with any Appointment. In order to initiate an Appointment, you understand and agree that Gilda 360 reserves the right, in its sole discretion, to charge your credit card the Appointment Fees payable in accordance with these Terms and the terms of the Listing. Please note that Gilda 360 cannot control any fees that may be charged to a Member by his or her bank related to Gilda 360’s collection of the Appointment Fees, and Gilda 360 disclaims all liability in this regard.
General Financial Terms
You (as a Seeker or an Expert) may cancel an Appointment without financial penalty upto 24 hours before the initiation of the call. If you require a refund, please contact Gilda 360 at email@example.com .
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Gilda 360 cannot and does not offer Tax-related advice to any Members of the Site and Services.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Services or Content;
use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Gilda 360 Member;
register for more than one Gilda 360 Account or register for a Gilda 360 Account on behalf of an individual other than yourself;
contact an Expert for any purpose other than asking a question related to the Services,
contact a Seeker for any purpose other than asking a question related to the Services;
recruit or otherwise solicit any other Member to join third party services or websites that are competitive to Gilda 360, without Gilda 360’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Site or Services;
use the Site and Services to find an Expert and then complete a transaction independent of the Site or Services in order to circumvent the obligation to pay any fees related to Gilda 360’s provision of the Services;
as an Expert, submit any Listing with a false or misleading information, or submit any Listing with a price that you do not intend to honor;
post, upload, publish, submit or transmit any Content that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site, or any individual element within the Site, Services, or Application, Gilda 360’s name, any Gilda 360 trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Gilda 360’s express written consent;
access, tamper with, or use non-public areas of the Site, Gilda 360’s computer systems, or the technical delivery systems of Gilda 360’s providers;
attempt to probe, scan, or test the vulnerability of any Gilda 360 system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Gilda 360 or any of Gilda 360’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
Gilda 360 will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Gilda 360 may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Gilda 360 has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Gilda 360 reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Gilda 360, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of India and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Gilda 360 and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
Gilda 360 Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Gilda 360 grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Gilda 360 Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Gilda 360 or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Gilda 360 a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services. Gilda 360 does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Gilda 360 the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Gilda 360’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Gilda 360 is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Gilda 360 of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Gilda 360 used herein are trademarks or registered trademarks of Gilda 360. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Gilda 360 respects copyright law and expects its users to do the same. It is Gilda 360’s policy to terminate in appropriate circumstances the Gilda 360 Accounts of Members who infringe or are believed to be infringing the rights of copyright holders.
Termination and Gilda 360 Account Deactivation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your Gilda 360 Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Gilda 360 terminates these Terms, or your access to our Site and Services or deactivates or cancels your Gilda 360 Account you will remain liable for all amounts due hereunder. You may cancel your Gilda 360 Account at any time by contacting Gilda 360. Please note that if your Gilda 360 Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE Site AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT GILDA 360 DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, SEEKERS AND EXPERTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE Site, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GILDA 360 EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GILDA 360 MAKES NO WARRANTY THAT THE Site, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY INFORMATION PROVIDED VIA APPOINTMENTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GILDA 360 MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE Site OR THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GILDA 360 OR THROUGH THE Site, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE Site or SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE Site or SERVICES. YOU UNDERSTAND THAT GILDA 360 DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE Site or SERVICES. GILDA 360 MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE Site or SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE Site or SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE Site or SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE Site or SERVICES, INCLUDING, BUT NOT LIMITED TO, EXPERTS, REGARDLESS OF WHETHER SUCH COMMUNICATIONS OR INTERACTIONS ARE ORGANIZED BY GILDA 360.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE Site, SERVICES AND COLLECTIVE CONTENT, LISTINGS OR APPOINTMENTS VIA THE Site AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF GILDA 360 WHETHER IN PERSON, BY PHONE, ONLINE OR OTHER MEANS REMAINS WITH YOU. NEITHER GILDA 360 NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Site, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE Site, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE Site, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE Site, SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GILDA 360 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL GILDA 360’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE Site AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY APPOINTMENT VIA THE Site AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE Site, SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR APPOINTMENTS MADE VIA THE Site AND SERVICES AS A MEMBER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GILDA 360 AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, indemnify, and hold Gilda 360 and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content and (c) your (i) interaction with any Member, (ii) reliance on any information exchanged via the Site or Services, or (iii) creation of a Listing. Gilda 360 shall have the right to control all defense and settlement activities.
Feedback and Reporting Misconduct
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org . You acknowledge and agree that all Feedback will be the sole and exclusive property of Gilda 360 and you hereby irrevocably assign to Gilda 360 and agree to irrevocably assign to Gilda 360 all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Gilda 360’s request and expense, you will execute documents and take such further acts as Gilda 360 may reasonably request to assist Gilda 360 to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
In addition, If you feel any user is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to Gilda 360.
You may not assign or transfer these Terms, by operation of law or otherwise, without Gilda 360’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Gilda 360 may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Gilda 360 (i) via email (in each case to the email address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of India, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of courts located in Bangalore, India for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
These Terms are intended to govern the agreement between Gilda 360 and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
These Terms constitute the entire and exclusive understanding and agreement between Gilda 360 and you regarding the Site, Services, Collective Content and any Appointments or Listings made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Gilda 360 and you regarding the same.
The failure of Gilda 360 to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Gilda 360. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Gilda 360
If you have any questions about these Terms, please contact Gilda 360 at:
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within India or internationally.
The Collection of Information
Our principal goals in collecting information are to provide and improve our Site, services, features and content, to administer your use of the Site (collectively, the "Service") and to enable users to enjoy and easily navigate the Site. The types of information that we collect include:
Information you provide to us
Personal Information: You may browse the Site without providing any personal information that may be used to identify you personally. However, when you register for and use the Service, access certain content or features, or directly contact the Site, we may ask you to provide information, including:
your name, phone number, mobile phone number, email address and postal address;
your username, password, and account setting preferences;
your credit card number, billing address and other billing related information.
(collectively, “Personal Information”)
Information automatically collected: When you visit and interact on the Site, certain information is collected automatically, including:
Recording : When you use our Services, you consent to store recordings and use recordings for any or all meetings or webinars that you join..
Non-Identifying Information: We collect other non-identifying information you provide as part of the registration, administration and personalization of your Gilda 360 Account profile (e.g. account preferences) (“Non-Identifying Information”). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Gilda 360 Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Site and Service and to analyze and understand how our Site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
Log Data: When you visit the Site, whether as a Member or a non-registered user (any of these, a "Gilda 360 User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer’s Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor our Site to our visitors’ needs. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
(c) Information collected from other sources
We may access information about you from third-party sources and platforms. As part of the functionality of the Site and Service, you may link your Gilda 360 Account with third party service providers ("TPSP")(e.g. Facebook, Twitter or LinkedIn); each such account, a "Third Party Account", by either: (i) providing your Third Party Account login information to Gilda 360 through the Site, Service or Application; or (ii) allowing Gilda 360 to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Gilda 360 and/or grant Gilda 360 access to your Third Party Account for use for the purposes described herein without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Gilda 360 to pay any fees or making Gilda 360 subject to any usage limitations imposed by the applicable TPSP.
If you share details about your Third Party Account via our Site, we may obtain the Personal Information you have provided to the applicable TPSP (such as your true name, email address, profile picture, names of TPSP friends, names of TPSP groups to which you belong, other information you make publicly available via the applicable TPSP and/or other information you authorize Gilda 360 to access by authorizing the TPSP to provide such information) from your Third Party Accounts and use that information to create your Gilda 360 Account and Gilda 360 Account profile page. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the TPSP and authorized by you) the information in your Third Party Accounts so that it is available on and through your Gilda 360 Account on the Site, Service and Application. If there is information about your "friends" or people with whom you are associated in your Third Party Account, the information we obtain about those "friends" or people with whom you are associated, may also depend on the privacy settings such people have with the applicable TPSP.
Use of Your Information
Mobile Communications: With your consent, we may use your mobile phone number to send you information, notifications and updates regarding the Site or Service.
Profile Information: We use the information we collect at registration to create your Gilda 360 Account and Gilda 360 Account profile page. Your Gilda 360 Account profile page will include, among other things, your first and last name, your profile picture and your location. You can select the other items of Personal Information that you wish to be included in your Gilda 360 Account profile page – including, but not limited to, a list of the TPSP groups to which you belong, a list of any of your TPSP friends or connections who are also Members of Gilda 360, connections you have established between your Gilda 360 Account and any TPSPs, and a biography and links to your Listings, if applicable (together, your "Profile Information"). We will display your Profile Information in your Gilda 360 Account profile page publicly via the Site, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all Gilda 360 Users and consequently should reflect how much you want other Gilda 360 Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage Members to exercise caution regarding the information disclosed in their Gilda 360 Account profile page. You can review and edit your Profile Information at any time.
Listings: If you create a Listing, we may publish, use, share or otherwise disclose the Content of that Listing publicly via the Site and may enable third parties to publish the Listing on their websites.
Gilda 360 Marketing: We may also use your Personal Information to contact you with Gilda 360 newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of these marketing related notifications at any time by accessing the “Manage Notifications” section of your Gilda 360 Account. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.
Request Fulfillment: We may use the information that we collect to fulfill your requests for products, services and information. For example, we may use your information to respond to your customer service requests.
Data Analysis: In order to learn more about how our Site and Service are used, we aggregate and analyze the data we collect. We may use the information, for example, to monitor and analyze use of the Site and Service, to improve the functionality of same and to better tailor our content and design to suit our visitors’ needs.
Testimonials: Gilda 360 posts testimonials on the Site. With your consent, we may post your testimonial on the Site along with your name. To have your testimonial removed, please contact us at email@example.com.
Information Sharing and Disclosure
Analysis: We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling, payment processing, customer service and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Service Delivery: We may employ third party companies and individuals to perform Site-related services, including maintenance services, database management, web analytics, data processing and email and text message distribution. These third parties have access to your information only to perform these tasks on our behalf.
Investigations: We may share information about you to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety or other rights and interests of any person, violations of Gilda 360’s Terms of Service, or as otherwise required by law.
Compliance with Laws: We may share information about you to respond to subpoenas, search warrants, judicial proceedings, court orders, legal process, or other law enforcement measures, to establish or exercise our legal rights, or to defend against legal claims.
Updating and Deleting your Personal Information
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at firstname.lastname@example.org or editing their profile. If you would like us to deactivate your Gilda 360 Account, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Gilda 360 Account. Please note that, if you cancel your Gilda 360 Account, any of your Member Content on the Site will remain publicly viewable via the Site.
Security and Data Retention
To protect your privacy and information, Gilda 360 uses multiple security procedures and practices to protect from unauthorized access, destruction, use, modification and disclosure of Personal Information of users.
When you enter Personal Information on our Site, we encrypt that information using secure socket layer technology (SSL). SSL creates a secured connection between our web servers and your browser, which protects against unauthorized access to transmitted data and supports data being sent only to intended recipients.
Your Personal Information is password protected and our main servers are locked and hosted by a leading provider of Internet access to enterprises with mission-critical Internet application requirements. Access to the host environment is secure.
Identity theft and the practice currently known as "phishing" are of great concern to Gilda 360. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your Gilda 360 Account ID, login password, or national identification numbers in a non-secure or unsolicited email or telephone communication.
We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at email@example.com.
Sharing personal email addresses, phone numbers, Skype/IM usernames or any other personal contact details.
All communications, information and files exchanged should be performed exclusively using Gilda 360’s messaging system. The main reason this it is required is to keep communications and transactions on Gilda 360 is for your safety. The internet industry has traditionally been inundated with risk and uncertainty. For this community to thrive, security and trust must be maintained for all users. This is only possible through maintaining initial conversations within the Gilda 360 application. Protecting our users’ privacy is of critical concern for everyone on the Gilda 360 team. To protect our users’ privacy, personal information should be kept anonymous. Requesting or providing email addresses, skype/IM usernames or other personal contact details (other than your name) are strictly prohibited. Gilda 360’s Call Back service and User Inboxes are designed to enable communication between all users.
Gilda 360 and its third party partners to whom we disclose information under this policy may perform activities globally and potentially collect, transfer, store, and process your personal information in other countries. As a result, your information may be subject to the laws of those countries or other jurisdictions. These laws may not be equivalent to the privacy and data protection laws in your jurisdiction. Information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in these countries. By using the Site or providing us with your information, you consent to the potential collection, transfer, storage, and processing of information in other countries.
Updates to This Policy
Addressing Your Concerns
Data Rights and Protection
Gilda360.com has the utmost respect for our customers’ privacy and information protection. Given the ever changing regulatory environment, we strive to stay ahead of the curve. In our mission to ethically and lawfully serve our customers we have the following policies in place in order to adhere to international and domestic law:
Gilda360.com wrote our terms of service to make it as understandable and straightforward as possible. Our valued customers are able to give and rescind consent at any time. If at any time you wish to remove consent, please email us at firstname.lastname@example.org.