We know Terms of Use documents aren’t exactly thrilling reading, but they play an important role in making sure we’re all on the same page. Think of them as the ground rules that help keep our community safe, fair, and running smoothly. They outline what you can expect from us and what we expect from you – kind of like a mutual agreement between friends. We’ve done our best to make these terms clear and straightforward, so you’ll know exactly how our services work and how to make the most of them. Let’s dive in!
Welcome to Gerätor
We hope you find what you are looking for here. By accessing, browsing, using the Gerätor Site/s (www.Gerätor.com and its associated webpages, mobile Apps or any digital asset including but not limited to social networks, email, and messaging apps) and/or interacting with our servers directly via API, you acknowledge that you have read, understood, agree to abide by, and comply with these Terms of Use. Gerätor reserves the right, in its discretion, to update or revise these Terms of Use and to post such updates on this site. Please check these Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Gerätor Asia LLP, and/or its affiliates (“Gerätor”) provide website features and other products and services to you when you visit or shop at the Gerätor Site, use Gerätor products or services, use Gerätor applications, or use software provided by Gerätor in connection with any of the aforesaid (collectively, “Gerätor Services”). Your access to the Gerätor Site, and all Gerätor Services, are subject to these Terms of Use. However, as we offer a wide range of Gerätor Services, additional terms may apply to individual Gerätor Services, and you may only be able to use certain Gerätor Services (such as Gerätor software) if you have executed an agreement with Gerätor applicable to such Gerätor Services, which may be in clickwrap form (a “Product/Service Agreement”). If these Terms of Use are inconsistent with a Product/Service Agreement relating to a specific Gerätor Service, that Product/Service Agreement will control with respect to the specific Gerätor Service.
Privacy
Please review our Privacy Policy, which also governs your use of Gerätor Services, to understand our practices. Gerätor reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request. You agree that Gerätor may place a cookie or other small text file on any computer from which you access this site or the services.
Use of the Website
By accessing the Gerätor Site, you warrant and represent to Gerätor that you are legally entitled to do so. You acknowledge and agree that Gerätor Site and its extensions are a group of private sites and web/mobile applications owned and operated by Gerätor Asia LLP. If you are accessing or using Gerätor Sites on behalf of a business, you represent and warrant to Gerätor that you have authority to accept the Terms of Use on behalf of that business and that that business agrees to the Terms of Use. If you do not agree to the Terms of Use, you are not authorized to use Gerätor or download the App.
We may modify the Terms of Use at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use Gerätor. Our privacy policy, security, verification, pricing and all other policies, site rules, and agreements referenced below or on Gerätor, are fully incorporated into this Terms of Use, and you agree to them as well.
Age of Majority
If you are under the age of majority in your area of residence, you may use the Gerätor Services only with involvement of a parent or guardian. Gerätor reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.
Electronic Communications
When you use any Gerätor Services or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Gerätor Site or through other Gerätor Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement. When you provide Gerätor with your e-mail address, or sign up to receive e-mail from us, you consent to receiving commercial e-mail.
Intellectual Property Rights
Neither you nor anyone acting on your behalf may acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of this site. Any grants not expressly granted herein are reserved. All contents of this site are © Gerätor Asia LLP.
All content that is made available to view and/or download in connection with this site is owned by and is the copyrighted work of Gerätor and is protected by copyright laws and international treaty provisions. You agree that you will not download any content without complying with all applicable use controls, laws and regulations, and you warrant that you will not download any content or software where such downloading is prohibited by local laws.
Gerätor Site License and Access
Gerätor hereby grants you a limited license to visit, browse, access and use the Gerätor Site subject to these Terms of Use, including the following limitations:
- Except as expressly permitted by this Agreement, you may not download (other than page caching), modify, or alter the Gerätor Site, or any portion of it, except with the express written consent of Gerätor. This license specifically does not include:
- any resale or commercial use by you of the Gerätor Site
- any derivative use of the Gerätor Site or its contents
- any use of data mining, robots, or similar data gathering and extraction tools
- any reproduction, duplication, copying, selling, reselling, re-posting or any exploitation of the Gerätor Site or its contents for any public or commercial purpose without the express written consent of Gerätor
- any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Gerätor Site, or otherwise interferes with its proper functioning
- mirroring of any material contained on the Gerätor Site on any other server.
- Unless otherwise specified, the content provided in this site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Gerätor Site.
- You may not attempt to gain unauthorized access to the Gerätor Site and/or any Gerätor computer systems or networks connected to the Gerätor Site, through hacking, password mining, robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (for example – by hand) or any other means. Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts.
- You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Gerätor Site.
- You will ensure that your use, or the use of any third party through you, of the Gerätor Site and the Gerätor Services does not interfere with, degrade, or adversely affect any Gerätor software, system, network or data or that of any other users of the Gerätor Site or the Gerätor Services. You and anyone obtaining access to the Gerätor Site or Gerätor Services through you will not post or transmit any harassing, abusive, libelous, illegal, deceptive or otherwise offensive messages or information whatsoever.
- You and anyone obtaining access to this website through you will not use the Gerätor Site or any contents thereof to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortuous acts.
- You and anyone obtaining access to this website through you will not use the Gerätor Site or any contents thereof to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortuous acts.
- You shall not use, nor permit others to use, the Gerätor Site in a manner or for a purpose contrary to these Terms of Use or any Product/Service Agreement.
Accuracy of Information
You may be permitted to or asked to submit information to Gerätor. You expressly represent and warrant:
- that you have the authority to provide Gerätor with all such information
- that all such information may be used by Gerätor for the purposes intended
- that all such information shall be true, accurate, and complete.
You agree that if any information you provide is false, inaccurate, obsolete, incomplete or provided without such authority, we may terminate your use of the Gerätor Site and any or all Gerätor Service(s).
Reviews, Comments, Communications, and Other Content
Gerätor takes no responsibility and assumes no liability for any content posted by you or any third party. Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
Gerätor reserves the right (but not the obligation) to remove or edit such content, and does not regularly review posted content. If you do post content or submit material, unless we indicate otherwise, you grant Gerätor a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licenseable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public such content throughout the world in any media. You grant Gerätor and sub-licencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Gerätor for all claims resulting from content you supply.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM, LISTING, CHAT, YOU DO SO AT YOUR OWN RISK.
No compensation will be paid with respect to the use of any information or content submitted by you. Gerätor is under no obligation to post or use any information you may provide.
External Links
External links may be provided for your convenience, but they are beyond the control of Gerätor and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. Gerätor is not responsible if any third party website is not working appropriately. Other than to the extent required under applicable consumer protection law, under no circumstance will Gerätor be liable for any loss or damage caused by your reliance on information obtained through the Gerätor Site or a third party linked site (including any opinions, statements or advice), or your reliance on any product or service obtained from any user of the Gerätor Site or any third party linked site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Gerätor Site, or obtained from a third party linked site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third party website to which this site is linked.
Business Model
Gerätor Asia LLP is a technology and vendor agnostic facilitator for technology solutions, and does not endorse any manufacturer, re-manufacturer, refurbisher, seller, supplier, service provider or any of their products. Gerätor brings together multiple brands and customers on a marketplace platform so as to enable and ease transactions. All items purchased through Gerätor are based on sales contracts between the seller and the buyer. Gerätor does not directly bill or collect payments from any customer on behalf of any of the suppliers. Gerätor shall not be held liable for any deficiencies of product, service, delivery thereof, or matters relating to payments or receipts. Customers are advised to make purchase decisions based on their own needs and evaluations. Gerätor derives its revenues from suppliers based on items posted on the site, or additional services offered by Gerätor to collate information related to the published items in ways that enable a sale.
Pricing
Unless otherwise provided, prices are in United States Dollars (USD). Unless otherwise provided, prices are exclusive of, and you will pay, all applicable sales, use, consumption, goods and service, value added withholding, and all other applicable federal, state, provincial and local taxes. Unless otherwise provided, prices are also exclusive of, and you will be responsible for payment of, all fees and charges related to transaction, currency exchange, transport, customs, duties and brokerage as applicable.
When you make a paid posting, you authorize us to charge your account. Any tax is additional. Subscription charges/fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting. Our refund policy has more details.
Indemnification
You agree to defend, hold harmless and indemnify Gerätor, its affiliates, and their respective officers, directors, employees, consultants, agents, shareholders, licensors, sponsors and representatives from and against any and all claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees and costs), arising out of or in any way connected with:
- any breach by you of these Terms of Use
- your use of the content or services available on the Gerätor Site in any unauthorized manner, or
- your violation of any law or of any third party rights.
Severability
These Terms of Use shall be deemed severable. In the event that any provision of the Terms of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Disclaimer of Warranties
All materials, information, products, services and other content contained in the Gerätor site, or obtained from a third party linked website is provided to you “as is” without warranty or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Gerätor assumes no responsibility for any errors, omissions or inaccuracies whatsoever in the information provided in this site. Under no circumstances will Gerätor be liable for any loss or damage caused by your reliance on information obtained through this site. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of this site is solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to you.
Limitation of Liability
Gerätor assumes no responsibility for errors or omissions in the information which is referenced by or linked to the Gerätor Site. In no event shall Gerätor be liable for any special, incidental, indirect, punitive or consequential damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, (including without limitation, those resulting from:
- reliance on the materials presented on this site
- loss of use, data, or profits
- delays or business interruptions
- and any theory of liability arising out of or in connection with the use of, or inability to use this site or Gerätor services, whether or not Gerätor has been advised of the possibility of such damages.
- Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in such cases you waive any right or intend to hold Gerätor liable.
International Users
The Gerätor Site is controlled, operated and administered by Gerätor (or its licensees) from its offices within India and is not intended to subject Gerätor to the laws or jurisdiction of any state, country or territory other than those of India. Those who choose to access the Gerätor Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to Indian import and export controls and are responsible for any violations of such controls, including without limitation any Indian embargoes or other federal rules and regulations restricting exports. Additional charges such as customs, fees, taxes, and import duties are the responsibility of the buyer. Without limiting the foregoing, Gerätor may limit Gerätor Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Violation of these Terms of Use and Termination
Where feasible (in Gerätor’s sole discretion), Gerätor will advise you of any inappropriate behavior on your part and any necessary corrective action. However, if this site or any Gerätor Services are used in a way in which Gerätor, in its sole discretion, deems to violate these Terms of Use, Gerätor or its agent may take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content or filtering of Internet transmissions, and termination of any Product/Service Agreement. Gerätor shall not be liable in any way for any such responsive actions. The above-described actions are not Gerätor’s exclusive remedies and Gerätor may take any other legal, equitable or technical action it deems appropriate.
Gerätor reserves the right to investigate suspected violations of these Terms of Use. You hereby authorize Gerätor to cooperate with
- law enforcement authorities in the investigation of suspected criminal violations and
- system administrators at Internet service providers, networks or computing facilities in order to enforce these Terms of Use.
Notwithstanding the foregoing, Gerätor reserves the right to revoke your authorization to visit, browse, access and use the Gerätor Site at any time without notice. All restrictions herein shall survive the termination of your right to visit, browse, access and use the Gerätor Site.
Applicable Laws
Use of the Gerätor Site and Gerätor Services shall in all respects be governed by the laws of India, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the courts of Kerala, India, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these Terms of Use or to any contracts relating to goods or services obtained through this site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this agreement and all related documents have been drawn up in English.
Contact
Gerätor welcomes your comments about the terms of use, and we would be happy to provide any additional information you require. Please contact us at –
Gerator Asia LLP, Building # 11/429, Aymanam Panchayat, Kottayam, Kerala, INDIA 686017