TERMS & CONDITIONS
Last Updated: December 22, 2020
Please read these Terms & Conditions ("Terms", "Terms of Use") carefully before accessing and using ‘G Gate’ mobile application (the “App”, "Service") operated by ReCreator Infotech Private Limited (“ReCreator”, "us", "we", or "our").
These Terms & Conditions govern your use of the App and products, features, services, technologies and software we offer (the ReCreator products), except where we expressly state that separate terms (and not these) apply.
By clicking on the acceptance button of “I Agree” upon registration on our App, you agree that you have read, understand and agree to be bound by these Terms and Conditions, as they may be amended from time to time, as well as to the terms of our Privacy Policy, which is hereby incorporated into these Terms and Conditions.
Any changes or revisions made in these Terms of Use are alerted by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on the App. Your use of the App following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. We encourage you to review this Agreement whenever you visit or access the App to make sure that you understand the terms and conditions governing use of the App.
If you disagree with these Terms and Conditions (as may be amended from time to time), or are dissatisfied with this App, your sole and exclusive remedy is to discontinue using the App or services.
THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT MADE BETWEEN YOU, WHETHER PERSONALLY OR ON BEHALF OF AN ENTITY (“YOU”) AND RECREATOR.
- TERMS OF SERVICE
To accept these Terms, you must be at least 18 (eighteen) years of age. If you are executing/accepting these terms on behalf of any registered association / society or builder,
you declare and confirm that you are a major and are competent to accept/execute the
Terms & Conditions.
ReCreator offers you a technology platform through a mobile application, G Gate, to provide a safe and secure environment to the residents of an apartment complex/society/similar gated complexes, by granting license to use its proprietary software (“Service”).
G Gate allows gated communities to improve their security processes, manage visitors and deliveries by generating a unique code for gate access, parking managment, and so on, without having to make any serious investments in physical infrastructure.
You understand and agree that G Gate is merely a digital platform to assist smooth functioning of various activities of the society/apartment, including security and amenities, by displaying the recommended ? third-party service providers (electrician, plumber and the likes) and does not provide or insist on any particular security personnel or vendor of its own.
You understand and acknowledge that ReCreator shall not be the responsible to perform background checks or provide any advice relating to hiring/firing of the security personnel of your society/apartment complex and/or any third-party service providers providing services to the residents of such society/apartment complex. The hiring/firing of such security personnel and/or any third-party service providers shall be the sole responsibility of the administration/trust/association/committee (as the case maybe) of the society/apartment or the residents of such society/apartment, as the case maybe.
You acknowledge and agree that the association of each such apartment complex/gated enclave, shall share all Users / residents information with the Company, including your personal information, and the same shall also be subject to the terms of our Privacy Policy. It is clarified that such information is in addition to the information provided by you on the App.
You agree that the Service may enable you to control the access of entry into the apartment complex/gated enclave through inviting or letting non-residents, such as service providers who provide daily services (maids, drivers, cooks, etc.), as well as non-regular visitors including, without limitation, family, friends, and delivery personnel. You agree that every entry to service providers, guests and visitors in the premises is either resident initiated and is authorized by you or authorized by personnels of the appointed Security Agency or any other agency or vendor or individual as appointed by the Association or builder at the Premises and the Company shall have no liability in this regard. Therefore, the Company shall not be liable for any entry into the apartment complex/gated enclave, as the entry process is completely controlled by you.
You agree that various others additional services are offered on G Gate, which you may avail at your own risk. The Company shall not be liable for any services that you chose to avail on/from the Platform. These additional services may be governed by specific policies.
ReCreator does not guarantee the consistency or the stability of the Platforms. Further, any services provided via the App may be subject to change at the discretion of the Company, and the Company does not require your permission for the same. While we want to insure the best user experience, we do not represent or warrant that the services on our App will be error free or uninterrupted.
This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with ReCreator for other products or services.
- INTELLECTUAL PROPERTY RIGHTS
The App (G Gate) is a proprietary property developed by ReCreator and all content on the App, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, trademarks, service marks, and logos contained therein (collectively, the “Content”) are exclusively owned or controlled by us or licensed to ReCreator, and are protected by copyright and trademark laws and various other intellectual property rights laws of India and applicable international conventions, except the third-party content and link to third party apps or websites.
The Content provided on the App is on an “AS IS” basis for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the App and no Content on the App may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
We reserve all rights not expressly granted to you in and to the App. In addition, use of the Content for any purpose not expressly permitted by the Company in these Terms is prohibited and may invite legal action.
- USER REPRESENTATIONS
By using the App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the App for any illegal or unauthorized purpose; and (7) your use of the App will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
- USER REGISTRATION
The person responsible for the administration of the Society/Apartment complex intending to avail the services of G Gate, will have to register as an “Admin” and will be provided a separate username and other login credentials. Once the unique ID and other login credentials are provided to the authorized personnel of the Society/Apartment complex, ReCreator shall have no liability whatsoever, for usage or sharing of information / data by such authorized personnel. Such authorized personnel shall remain fully responsible for all activities that occur on the Admin account.
In order for you, being a member of the society/apartment complex to avail services offered through G Gate, you will have to register on the App to create your profile/account, as a member of a society/apartment.
You undertake to provide us with current, complete and accurate information as prompted by the registration form at the time of registration, and also update the said information from time to time in case of any change.
At the time of registration, if You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate Your account and refuse any and all current or future use of the Platforms (or any portion thereof) at any time.
For the purpose of registration, you will also be required to enter a valid phone number. By
registering your phone number with us, you consent to be contacted by us via phone calls, SMS notifications, and/or e-mails, in case of any subscription/service updates.
Once the registration is complete, you will be asked to log in with your user ID and password to access your account on the App, to establish a unique identity for you. ? You agree to keep your password confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- PROHIBITED USES
Providing a safe and open Service for a broad community requires that we all do our part.
- You can’t impersonate others or provide inaccurate information. ?You must provide us with accurate and up to date information, including registration information and update them upon any change. Also, you may not impersonate someone you aren’t, and you can’t create an account for someone else unless you have their express permission. At the time of registration, if You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate Your account and refuse any and all current or future use of the App (or any portion thereof) at any time.
- You can’t do anything unlawful, misleading or fraudulent or for an illegal or unauthorized purpose.
- You can’t violate (or help or encourage others to violate) these Terms & Conditions or our policies, including in particular the Privacy Policy.
- You can’t do anything to interfere with or impair the intended operation of the Service.
- You can’t attempt to create accounts or access or collect information in unauthorized ways.
- LIMITED LICENSE TO USE
Subject to your compliance with these Terms, you are granted a limited, non-exclusive,
non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (c) reverse-engineer, decompile or disassemble the App, in anyway; or (d) make the functionality of the App available to multiple users through any means. Any attempt at hacking or unlawful use of the App can and will invite the maximum prosecution allowable under the law.
- TERM AND TERMINATION
These Terms & Conditions shall remain in full force and effect while you use the App or services. Without limiting any other provision of these Terms & Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation.
We may terminate your use or participation in the App or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- DISCLAIMERS
The information and content on the App is provided on an AS IS and AS AVAILABLE basis and may include technical inaccuracies or typographical errors. ReCreator reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
Although we strive to provide on the App the latest developments relating to our products and services, and other information about our Company (ReCreator Infotech Pvt. Ltd.), we do not warrant the accuracy, effectiveness and suitability of any information contained in the App. Users of the App assume full responsibility and all risks arising from use of the App.
You acknowledge and agree that:
- ReCreator does not control the information provided by third parties (such as value-added services or other promotional / marketing links on our App) nor does the Company control any information or data provided by the other residents registered association or builders, being our Direct Customers, as the case may be. Your reliance on the same shall be at your own risk.
- ReCreator makes no representations or warranties of any kind or nature with respect to the information or content posted on the App.
- ReCreator hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of satisfactory quality, merchantability, fitness for a particular purpose, title or non-infringement, compatibility, security and accuracy.
- In no event shall ReCreator be liable for any damages of any kind or nature, including,
without limitation, direct, indirect, special (including loss of profit, loss of business,
opportunity, data) consequential or incidental damages arising from or in connection with the existence or use of this internet site and/or the information or content posted on the App, regardless of whether ReCreator has been advised as to the possibility of such damages.
- ReCreator makes no warranty that the functionality of the App will be uninterrupted or error free, that defects will be corrected or that the App or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
- ReCreator is not responsible, and provides no warranty whatsoever, for the accuracy,
effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites.
- LIMITATION OF LIABILITY
ReCreator does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, the App. Reliance on these materials, information and opinions is solely at your own risk. ReCreator disclaims any liability for injury or damages resulting from the use of the App, or the content contained thereon.
In no event shall ReCreator, or its subsidiaries, affiliates, vendors, or their respective directors, employees or agents be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the App, its content, any services provided on or through the App, including any special, indirect, punitive, incidental, exemplary or consequential damages, including, but not limited to, personal injury, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in the App or its content, whether or not there is negligence by ReCreator and whether or not ReCreator has been advised of the possibility of any such damages.
- PRIVACY & SECURITY
ReCreator is committed to safeguarding your privacy online. We understand the importance of privacy to our customers. Our use of personally identifiable information is governed by our Privacy Policy and by using our App our Services, you agree to be bound by that policy.
You recognize and agree that when submitting your personally identifiable information to the App, while the App has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security.
In the unlikely event of an interception or unauthorized access despite our efforts, ReCreator shall not be responsible for such interceptions or unauthorized access, or any direct, indirect, special, incidental, or consequential damages (including lost profits) suffered by a customer or user, even if ReCreator has previously been advised of the possibility of such damages. ReCreator does not warrant, either expressly or impliedly, that the information provided by any customer shall be free from interception or unauthorized access, and does not provide any implied warranties of merchantability and fitness for a particular purpose. Each customer is responsible for maintaining the confidentiality of his or her own password.
- LINKS TO THIRD PARTY WEBSITES
Our App may contain links to third party websites or services that are not owned or controlled by ReCreator and are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content, privacy policies or practices of any third party websites or services.
You further acknowledge and agree that ReCreator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services, including any special, indirect, punitive, incidental, exemplary or consequential damages, including, but not limited to, personal injury, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in the App, whether or not there is negligence by ReCreator and whether or not ReCreator has been advised of the possibility of any such damages.
- INDEMNITY
You will release, indemnify, defend and hold harmless ReCreator, 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 (1) any breach by you of this Agreement (2) other liabilities arising out of your use of the App content; (3) your infringement of any intellectual property or other proprietary right of any person or entity.
- SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
- GOVERNING LAW & DISPUTE RESOLUTION
The laws of India will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect.
You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to ReCreator or G Gate or these Terms and Conditions more than one (1) year after such claim or cause of action arose.
- MISCELLANEOUS
- Entire Agreement. ?These Terms & Conditions and any policies or operating rules posted by us on the App or in respect to the App constitute the entire agreement and understanding between you and us.
- Waiver. ?Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
- Assignment. We may assign any or all of our rights and obligations to others at any time.
- Force Majeure. ?We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
- Relationship. ?There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of G Gate.
- Other. ?You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
- CONTACT US
In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at contact@ggate.in or write to our Data Protection Officer at dpo@ggate.in or call us at +91 96019 55555. You can also contact us by post to the following address:
“G Gate” (A Product By: ReCreator Infotech Pvt. Ltd.)
515-516 Lalbhai Contractor Complex,
Opp; Nanpura Parsi Library,
Nanpura, Surat - 395001 (Guj.) India
