Website Terms and Conditions
These Terms and Conditions (“Terms”) constitute a legally binding agreement between website visitor (“you,” “your,” “User”) and Gustosfera (“we,” “us,” “our,” “Company”), governing your access to and use of Gustosfera.com (the “Website”). The Website provides information about our services, pricing, frequently asked questions (FAQs), and access to download the Gustosfera Merchant App for local store management solutions. By accessing or using the Website, you irrevocably agree to be bound by these Terms and our Privacy Policy. Should you disagree with any provision herein, you must immediately cease all use of the Website.
1. Scope and Purpose
1.1. The Website, operated by Gustosfera, serves as an informational platform to promote our services, which enable local stores (including but not limited to restaurants, groceries, and similar businesses) to enhance their digital presence and operations through app-based solutions.
1.2. These Terms exclusively govern your use of the Website. Use of the Merchant App and associated services is subject to a separate Terms of Service, which you must accept upon app registration or service activation. In the event of any conflict between these Terms and the Terms of Service, the Terms of Service shall prevail with respect to app-related matters.
2. Use of the Website
2.1. You shall use the Website solely for lawful purposes, strictly adhering to all applicable local, national, and international laws and regulations.
2.2. You are expressly prohibited from: (a) attempting to access or accessing unauthorized sections of the Website; (b) engaging in activities that disrupt or impair the Website’s functionality, including but not limited to hacking, introducing viruses, or initiating denial-of-service attacks; (c) using the Website to transmit, distribute, or store unlawful, defamatory, obscene, or infringing material; or (d) reproducing, modifying, or distributing Website content without our prior written consent.
2.3. We reserve the absolute right, at our sole discretion, to suspend, restrict, or terminate your access to the Website without prior notice or liability, for any breach of these Terms or for any reason deemed necessary by us, including operational or security concerns.
3. Website Content
3.1. All content on the Website, including but not limited to text, pricing, FAQs, and graphics, is provided for informational purposes only. While we endeavor to ensure accuracy, such content may contain errors, omissions, or inaccuracies, and we disclaim all liability for any reliance thereon or losses resulting therefrom.
3.2. Pricing, service descriptions, and availability are subject to change at our sole discretion without prior notice. Binding terms and current pricing shall be as set forth in the Terms of Service at the time of app registration or service activation.
3.3. Third-party logos, trademarks, or content displayed on the Website are used under license or with permission and remain the exclusive property of their respective owners. Unauthorized use of such materials is strictly prohibited.
3.4. In the event of any confusion, discrepancy, or uncertainty regarding Website content, you are obligated to contact our support team at support@gustosfera.com for clarification prior to making any decisions or payments. We shall not be liable for actions taken without such confirmation.
4. Intellectual Property
4.1. The Website and all its content (excluding third-party materials) are the exclusive property of Gustosfera, protected by copyright, trademark, and other intellectual property laws. You are granted no rights to use, reproduce, or distribute such content beyond personal, non-commercial viewing, absent our express written authorization.
5. Privacy
5.1. Any personal information collected through the Website (e.g., via contact forms or app downloads) shall be processed in strict accordance with our Privacy Policy. Your use of the Website constitutes consent to such processing.
6. Modifications
6.1. We reserve the unqualified right to amend, modify, or update these Terms at any time, with such changes becoming effective immediately upon posting on the Website. Your continued use of the Website following any modification signifies your unequivocal acceptance of the revised Terms.
6.2. We may, at our sole discretion, suspend, modify, or discontinue the Website or any of its features, including for maintenance, upgrades, or technical reasons, without notice or liability to you.
7. No Warranties
7.1. The Website is provided on an “as-is” and “as-available” basis, without any warranties or guarantees, whether express, implied, statutory, or otherwise, including but not limited to warranties of accuracy, completeness, reliability, availability, or fitness for a particular purpose. We expressly disclaim all such warranties to the fullest extent permitted by law.
7.2. We do not guarantee uninterrupted access to the Website, nor do we warrant that it will be free from errors, defects, viruses, or other harmful components. Your use of the Website is at your sole risk.
8. Limitation of Liability
8.1. To the maximum extent permitted by applicable law, Gustosfera, its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or related to your use of or inability to use the Website, including but not limited to losses of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.
8.2. This limitation applies irrespective of the legal theory asserted (e.g., contract, tort, negligence) and includes damages resulting from Website unavailability, technical failures, or reliance on inaccurate content.
9. Indemnification
9.1. You unconditionally agree to indemnify, defend, and hold harmless Gustosfera, its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, liabilities, losses, damages, or expenses (including reasonable legal fees) arising out of or in connection with your use of the Website, your violation of these Terms, or your infringement of any third-party rights.
10. Refund and Cancellation
10.1. The Website itself does not facilitate direct purchases or subscriptions; such transactions occur via the Merchant App under the Terms of Service. However, for clarity and compliance with payment gateway requirements, any payments made in connection with services promoted on the Website (e.g., trial activations or subscriptions initiated post-download) are non-refundable and non-cancellable once processed, as detailed in the Terms of Service.
10.2. Prior to making any payment or commitment, you are strongly urged to review the Terms of Service and contact our support team at support@gustosfera.com to resolve any uncertainties. No refunds or cancellations shall be entertained post-payment, irrespective of usage or satisfaction.
11. Governing Law and Jurisdiction
11.1. These Terms shall be governed by and construed in accordance with the laws of India, with exclusive jurisdiction vested in the courts of Delhi, India.
12. Third-Party Links and Services
12.1. The Website may contain links to third-party websites, applications, or services (e.g., app stores, payment gateways) not owned or controlled by Gustosfera. We provide such links solely for your convenience and do not endorse, warrant, or assume any responsibility for the content, accuracy, privacy practices, or availability of these third-party resources.
12.2. Your interaction with any third-party services, including downloading the Merchant App from an app store, is governed by the terms and policies of those third parties. Gustosfera shall not be liable for any losses, damages, or disputes arising from your use of or reliance on such third-party links or services.
13. Force Majeure
13.1. Gustosfera shall not be liable for any failure, delay, or interruption in providing access to the Website or fulfilling any obligations under these Terms due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, governmental actions, power outages, internet failures, or other unforeseen circumstances (collectively, “Force Majeure Events”).
13.2. In such events, we reserve the right to suspend or limit Website access without notice or liability, and no remedies or compensation shall be available to you.
14. Severability
14.1. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
14.2. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the Terms as a whole, and we may replace such provision with a legally enforceable alternative at our discretion.
15. No Waiver
15.1. No failure or delay by Gustosfera in exercising any right, power, or remedy under these Terms shall constitute a waiver of such right, power, or remedy, nor shall it preclude or restrict our ability to enforce such provisions at any subsequent time.
15.2. Any waiver of a breach of these Terms must be expressly granted in writing by an authorized representative of Gustosfera and shall not be construed as a waiver of any other or subsequent breach.
16. Entire Agreement
16.1. These Terms, together with the Privacy Policy incorporated herein by reference, constitute the entire agreement between you and Gustosfera regarding your use of the Website, superseding all prior or contemporaneous agreements, representations, or understandings, whether written or oral.
16.2. Any additional terms or conditions proposed by you, including through correspondence or other means, shall be void and of no effect unless expressly accepted in writing by Gustosfera.
17. Termination of Access
17.1. Gustosfera reserves the unilateral right to terminate or suspend your access to the Website at any time, with or without cause, and without prior notice or liability, including but not limited to instances of suspected misuse, security threats, or operational necessity.
17.2. Upon termination, your right to access or use the Website shall cease immediately, and all provisions of these Terms that by their nature should survive (e.g., liability, indemnity, governing law) shall remain in full effect.
18. Accessibility
18.1. Gustosfera strives to make the Website accessible to all users, including those with disabilities, in accordance with applicable guidelines such as the Web Content Accessibility Guidelines (WCAG). However, we do not guarantee that the Website fully complies with all accessibility standards or meets the specific needs of every individual.
18.2. The Website is provided on an “as-is” basis with respect to accessibility, and we disclaim any liability for difficulties or inability to access content due to technical limitations, third-party dependencies (e.g., app stores), or user-specific requirements. Users encountering accessibility issues are encouraged to contact our support team at support@gustosfera.com for assistance, though no specific remedies are guaranteed.
19. Compliance with Export Controls
19.1. You shall not use the Website or download the Merchant App in any manner that violates applicable export control laws, regulations, or sanctions, including but not limited to those administered by the United States (e.g., Office of Foreign Assets Control), the European Union, or other relevant authorities.
19.2. Gustosfera reserves the right to restrict or terminate access to the Website or app downloads if we determine, in our sole discretion, that your use contravenes such laws or if you are located in a jurisdiction subject to sanctions or embargoes. No liability shall attach to Gustosfera for any such restriction or termination.
20. User-Generated Content
20.1. Any feedback, inquiries, or other content you submit to Gustosfera via the Website (e.g., through contact forms or support emails) shall be considered non-confidential and non-proprietary. By submitting such content, you grant Gustosfera an irrevocable, worldwide, royalty-free license to use, reproduce, modify, and distribute it for any purpose, including service improvement or marketing, without compensation or attribution to you.
20.2. You represent and warrant that any submitted content is accurate, lawful, and does not infringe third-party rights. Gustosfera reserves the right to remove, reject, or ignore such content at our sole discretion, without notice or liability.
21. Electronic Communications
21.1. By accessing the Website or contacting us via email (e.g., support@gustosfera.com), you consent to receive electronic communications from Gustosfera, including notices, updates, or responses related to these Terms or our services. Such communications shall be deemed received by you upon transmission to the email address or contact method you provide.
21.2. You acknowledge that electronic communications may not be secure and that Gustosfera shall not be liable for any interception, loss, or misuse of such communications by third parties, provided we have taken reasonable precautions.
22. Cookies and Tracking
22.1. Gustosfera may utilize cookies, web beacons, or similar tracking technologies on the Website to enhance functionality, monitor usage, analyze performance, or deliver personalized content. Essential cookies necessary for Website operation are deployed automatically, while non-essential cookies (e.g., for analytics or marketing) require your consent, which may be managed via a cookie preference tool if provided or detailed in our Privacy Policy.
22.2. By using the Website, you acknowledge and agree to the use of essential cookies. You may disable non-essential cookies through your browser settings or our preference tool, where available; however, doing so may limit certain Website features. Further details on cookie usage, including purposes and retention periods, are available in our Privacy Policy.
22.3. Gustosfera shall not be liable for any consequences arising from your refusal to accept cookies or from third-party tracking technologies embedded in linked services (e.g., app stores). You are responsible for configuring your browser or device settings to reflect your preferences.
23. Contact Information
23.1. For any inquiries, clarifications, or disputes regarding these Terms or Website content, you must contact us at support@gustosfera.com prior to taking any action or making any payment. Our determination in resolving such matters shall be final and binding.