Terms and Conditions

1. Our Services

The Services and the information provided therein are not intended for distribution to, or use by, any individual or entity in any jurisdiction or country where such distribution or use would be contrary to applicable laws or regulations, or where it would subject Gauze to any registration, licensing, or compliance requirements within such jurisdiction.

Individuals or entities accessing the Services from locations outside of the intended jurisdictions do so at their own initiative and are solely responsible for ensuring compliance with all applicable local laws and regulations. Gauze disclaims any liability arising from unauthorized access to or use of the Services in violation of such laws.

2. Intellectual Property Rights

Our intellectual property

We are the sole owner or authorized licensee of all intellectual property rights associated with the Services, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as all trademarks, service marks, and logos incorporated therein (the “Marks”).

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The Content and Marks are legally protected under copyright, trademark, and other intellectual property laws, including unfair competition laws and international treaties.

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All Content and Marks made available through the Services are provided “AS IS” and may be used solely for personal, non-commercial purposes or internal business operations. Any unauthorized use, reproduction, modification, distribution, or exploitation of the Content or Marks is strictly prohibited and may result in legal action.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section, we grant you a limited, non-exclusive, non-transferable, and revocable license to:

1. Access the Services; and
2. Download or print a copy of any portion of the Content to which you have lawfully gained access, solely for personal, non-commercial use or internal business purposes.

Except as expressly permitted in this section or elsewhere in these Legal Terms, you may not:

1. Copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Services, Content, or Marks for any commercial purpose without our express prior written consent.

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If you wish to use the Services, Content, or Marks beyond the scope permitted herein, you must submit a request to admin@gauze.md. If we grant such permission, you must acknowledge us as the rightful owner or licensor and ensure that any applicable copyright or proprietary notices remain visible on any reproduction, publication, or display.

We reserve all rights not expressly granted to you in relation to the Services, Content, and Marks.

Any unauthorized use of the Services, Content, or Marks shall constitute a material breach of these Legal Terms, resulting in the immediate termination of your right to access and use the Services.

Your submissions

Please carefully review this section, along with the "Prohibited Activities" section, before using our Services to understand (a) the rights you grant us and (b) your obligations when posting or uploading any content through the Services.

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Submissions. By voluntarily providing us with any questions, comments, suggestions, ideas, feedback, or other information related to the Services (collectively, "Submissions"), you irrevocably assign to us all intellectual property rights in such Submissions. You acknowledge and agree that we shall own these Submissions in their entirety and shall have the unrestricted right to use, reproduce, modify, distribute, and disseminate them for any lawful purpose, commercial or otherwise, without any obligation to provide acknowledgment or compensation to you.

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Your Responsibility for Submissions. By submitting any content through the Services, you:

1. Confirm that you have read, understood, and agree to comply with our "Prohibited Activities" section and will not post, transmit, or upload any Submissions that are unlawful, harassing, defamatory, obscene, abusive, discriminatory, false, misleading, or otherwise violate any applicable laws or regulations.
2. To the fullest extent permitted by law, waive any moral rights in your Submissions.
3. Represent and warrant that your Submissions are original to you or that you have obtained all necessary rights, licenses, and authorizations to submit such Submissions and grant us the above-mentioned rights.
4. Represent and warrant that your Submissions do not contain any confidential or proprietary information.

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You are solely responsible for any Submissions you provide, and you expressly agree to indemnify and hold us harmless from any and all losses, damages, liabilities, claims, or expenses arising out of or related to (a) your breach of this section, (b) infringement of any third party's intellectual property rights, or (c) violation of applicable laws.

3. User Representations

By accessing or using the Services, you represent and warrant that:

1. You have the legal capacity to enter into and comply with these Legal Terms;
2. You are not a minor under the laws of your jurisdiction of residence;
3. You will not access or use the Services through automated or non-human means, including but not limited to bots, scripts, or other automated tools;
4. You will not use the Services for any unlawful, unauthorized, or prohibited purpose; and
5. Your use of the Services will be in full compliance with all applicable laws and regulations.

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If you provide any false, inaccurate, outdated, or incomplete information, we reserve the right to suspend or terminate your account, restrict your access to the Services, and refuse any current or future use of the Services, in whole or in part.

4. Prohibited Activities

You may only access and use the Services for their intended purposes as made available by us. Any use of the Services in connection with unauthorised commercial activities or endeavours, except those expressly approved by us, is strictly prohibited.

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As a user of the Services, you agree not to:

1. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our express written permission.
2. Mislead, deceive, or attempt to obtain sensitive account information, including user passwords, through fraudulent means.
3. Circumvent, disable, or interfere with any security-related features of the Services, including those designed to prevent unauthorized use or copying of Content.
4. Take any action that, in our opinion, disparages, tarnishes, or otherwise harms our reputation or that of the Services.
5. Use information obtained from the Services to harass, abuse, or cause harm to any individual.
6. Make improper use of our customer support services, including submitting false reports of abuse or misconduct.
7. Use the Services in a manner that violates any applicable law, regulation, or legal obligation.
8. Frame or link to the Services without our prior written approval.
9. Upload, transmit, or distribute viruses, Trojan horses, or any harmful material that disrupts, alters, or interferes with the operation of the Services.
10. Use scripts, bots, data mining tools, or any other automated system to extract or interact with data from the Services.
11. Remove, modify, or obscure copyright notices, trademarks, or other proprietary rights appearing on the Services.
12. Attempt to impersonate another user, individual, or entity.
13. Upload or transmit spyware, tracking pixels, cookies, or other passive data collection mechanisms without consent.
14. Interfere with or create an undue burden on the Services or networks connected to them.
15. Harass, intimidate, or threaten any of our employees, contractors, or agents providing Services support.
16. Attempt to bypass restrictions designed to prevent unauthorized access to the Services or any portion thereof.
17. Copy, adapt, modify, or attempt to reverse-engineer any Services software, including but not limited to Flash, PHP, HTML, and JavaScript, unless expressly permitted by applicable law.
18. Deploy unauthorized systems such as spiders, robots, scrapers, cheat utilities, or offline readers that access the Services.
19. Collect user data for marketing purposes, send unsolicited emails, or create user accounts by automated means or under false pretenses.
20. Utilize the Services or Content for any purpose that competes with our business or as part of any revenue-generating endeavor without our express consent.

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Any breach of these Prohibited Activities will constitute a material violation of these Legal Terms and may result in the immediate suspension or termination of your access to the Services, as well as legal action where applicable.

5. User Generated Contributions

The Services do not permit users to submit or post content. However, we may provide you with opportunities to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, videos, audio recordings, photographs, graphics, comments, suggestions, personal information, or other materials (collectively, “Contributions”).

Contributions may be publicly accessible to other users of the Services and may also be available through third-party websites. By creating or making available any Contributions, you represent and warrant that:

1. You own or have the necessary rights – You have the legal right to create, submit, post, display, or transmit the Contributions and grant us the rights outlined in these Legal Terms.
2. No infringement – Your Contributions do not infringe upon any third party’s intellectual property rights, including but not limited to copyright, trademark, patent, trade secret, moral rights, privacy rights, or publicity rights.
3. Compliance with laws – Your Contributions do not violate any applicable laws, regulations, or third-party agreements.
4. No harmful content – Your Contributions do not contain any material that is defamatory, obscene, offensive, abusive, hateful, harassing, violent, pornographic, or otherwise objectionable.
5. No unauthorized advertising – Your Contributions do not constitute unauthorized advertising, spam, or any other form of solicitation.
6. Accuracy and authenticity – The information contained in your Contributions is true, accurate, and not misleading.
7. No malicious software – Your Contributions do not contain viruses, malware, or any other harmful software that could disrupt the Services or compromise security.

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Any breach of these representations and warranties may result in the removal of your Contributions, the suspension or termination of your access to the Services, and potential legal action.

6. Contribution License

Data Access and Use

By using the Services, you acknowledge and agree that we may access, store, process, and use any information and personal data that you provide in accordance with our Privacy Policy and your preferences (including any settings you configure).

Feedback and Suggestions

If you submit any suggestions, feedback, or recommendations regarding the Services, you grant us the right to use, modify, distribute, and share such feedback for any purpose, commercial or otherwise, without any obligation to compensate you.

Ownership of Contributions

We do not claim ownership over any Contributions you submit, post, or display through the Services. You retain full ownership of all your Contributions, including any intellectual property or proprietary rights associated with them.

However, you acknowledge and agree that:

1. You are solely responsible for your Contributions – Any statements, representations, or content you provide through the Services are entirely your responsibility.
2. No liability for user-generated content – We assume no liability for the accuracy, legality, or appropriateness of any Contributions submitted by you or any other user.
3. Legal release – You expressly agree to release and indemnify us from any and all claims, liabilities, or legal actions arising from or related to your Contributions.

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By using the Services, you agree to comply with these terms and acknowledge that any breach of these provisions may result in the removal of your Contributions, suspension of your account, or other legal consequences.

7. Services Management

We reserve the right, but not the obligation, to:

1. Monitor Compliance – Monitor the Services to ensure compliance with these Legal Terms and applicable laws.
2. Legal Action – Take appropriate legal action, at our sole discretion, against any user who violates these Legal Terms or applicable laws, including but not limited to reporting such users to law enforcement authorities.
3. Restriction and Removal of Contributions – Restrict, limit, disable, or remove any Contributions or portions thereof, at our sole discretion and without prior notice, if we determine that they violate these Legal Terms or are otherwise objectionable.
4. System Resource Management – Remove or disable any files or content that are excessive in size or place an undue burden on our systems, at our sole discretion and without notice or liability.
5. Service Integrity – Manage the Services in a manner that protects our rights, property, and interests, and ensures their proper functionality and availability.

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These rights may be exercised at our sole discretion and without any obligation to take action against every potential violation.

8. Term and Termination

These Legal Terms shall remain in effect while you continue to use the Services. Without limiting any other provision of these Legal Terms, we reserve the right, at our sole discretion and without prior notice or liability, to restrict or deny access to the Services (including blocking specific IP addresses) to any individual for any reason or no reason at all. This includes, but is not limited to, violations of any representation, warranty, or covenant set forth in these Legal Terms or any applicable law or regulation. We may also terminate your access to the Services or remove any content or information you have posted at any time, without prior warning, and at our sole discretion.

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If your account is suspended or terminated for any reason, you are strictly prohibited from registering or creating a new account under your name, a fictitious or borrowed identity, or on behalf of any third party, even if you are acting in their capacity. Additionally, we reserve the right to pursue appropriate legal action, including but not limited to civil, criminal, and injunctive remedies.

9. Modifications and Interruptions

We reserve the right, at our sole discretion and without prior notice, to modify, update, remove, suspend, or discontinue any part of the Services at any time and for any reason. However, we are under no obligation to update or maintain any content or information provided through the Services. We shall not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Services.

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We do not guarantee that the Services will be available at all times. There may be instances of hardware, software, or other technical issues, as well as necessary maintenance activities, that could result in interruptions, delays, or errors in service availability. We reserve the right to make changes, revisions, updates, suspensions, or discontinuations of the Services at any time without prior notice.

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You acknowledge and agree that we shall not be liable for any loss, damage, or inconvenience resulting from your inability to access or use the Services during any period of unavailability or termination. Nothing in these Legal Terms shall be construed as an obligation for us to maintain, support, or provide updates, corrections, or new releases for the Services.

10. Governing Law

These Legal Terms shall be governed by and construed in accordance with the laws of India. You and Gauze irrevocably agree that the courts of Mumbai shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Legal Terms, including any non-contractual obligations related thereto.

11. Dispute Resolution

Informal Negotiations

To facilitate the efficient resolution of any dispute, controversy, or claim arising from or relating to these Legal Terms (each, a "Dispute," and collectively, the "Disputes"), both you and Gauze (each, a "Party," and collectively, the "Parties") agree to first attempt to resolve any Dispute informally. The Parties shall engage in good-faith negotiations for a period of at least 60 days before initiating arbitration. Such informal negotiations shall commence upon written notice from one Party to the other.

Binding Arbitration

Any dispute arising from, relating to, or in connection with these Legal Terms, including any alleged breach, existence, validity, or termination thereof, shall first be attempted to be resolved through mediation. If mediation is unsuccessful, the dispute shall be referred to and conclusively resolved by arbitration in accordance with the arbitration rules of the Mumbai Centre for International Arbitration ("MCIA Rules"), which are incorporated herein by reference. The arbitration shall be conducted by a sole arbitrator appointed in accordance with the MCIA Rules. The arbitration shall take place in Mumbai, which shall be the seat and venue of arbitration. The language of arbitration proceedings shall be English. The arbitral award shall be final and binding on the Parties.

Class Action Waiver

Any claim or dispute brought by you or any user of the Services against Gauze must be brought in an individual capacity and not as a plaintiff or class member in any collective, representative, multiple-plaintiff, or similar proceeding (“Class Action”). You expressly waive any right to initiate or participate in any Class Action in any forum. If a claim is subject to arbitration, the arbitrator shall not have the authority to consolidate or aggregate similar claims or conduct any Class Action proceedings. The arbitrator is further prohibited from issuing any award to persons or entities not a party to the arbitration. Any claim that this Class Action Waiver is unenforceable, unconscionable, void, or voidable may only be determined by a court of competent jurisdiction and not an arbitrator. By agreeing to these terms, you acknowledge that you waive your right to litigate in court, have a judge or jury decide your case, or participate in a class or representative action, and that all claims must be adjudicated on an individual basis.

Exceptions to Informal Negotiations and Arbitration

The Parties acknowledge that the following Disputes shall not be subject to the informal negotiations and binding arbitration provisions:

(a) Disputes seeking to enforce, protect, or determine the validity of intellectual property rights of either Party.

(b) Disputes involving allegations of theft, piracy, invasion of privacy, or unauthorized use

(c) Claims for injunctive or equitable relief.

Should any portion of this provision be deemed unlawful or unenforceable, that portion shall be severed, and the remaining provisions shall continue in full force and effect. In such cases, the Dispute shall be resolved by a court of competent jurisdiction as outlined in the Governing Law and Jurisdiction section, and the Parties consent to the personal jurisdiction of such court.

12. Corrections

The Services may contain typographical errors, inaccuracies, or omissions, including but not limited to information related to descriptions, pricing, availability, and other details. We reserve the right to correct any such errors, inaccuracies, or omissions and to modify, update, or amend any information on the Services at any time, without prior notice or liability.

13. Disclaimer

The Services, including all related documentation, materials, data, and information, are provided on an "as-is" and "as-available" basis, without any warranties of any kind, express or implied. Your use of the Services is at your sole risk. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, and non-infringement.

We make no representations or warranties regarding the accuracy, reliability, or completeness of the content available on the Services, including any medical information. We do not warrant that the Services or any associated documentation, materials, or data will be error-free, uninterrupted, or meet your specific requirements. Without limitation, we assume no liability or responsibility for:

1. Any errors, inaccuracies, or omissions in the content or materials;
2. Any personal injury or property damage resulting from your access to or use of the Services;
3. Any unauthorized access to or use of our secure servers or any personal or financial information stored therein;
4. Any interruption, delay, or failure in transmission to or from the Services;
5. Any viruses, malware, Trojan horses, or other harmful components transmitted by third parties;
6. Any loss or damage resulting from the use of content posted, transmitted, or otherwise made available through the Services.

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We do not warrant, endorse, guarantee, or assume responsibility for any third-party products, services, websites, or mobile applications linked to or advertised through the Services. We are not a party to, nor do we monitor, any transaction between you and third-party providers. When accessing third-party offerings, you should exercise due diligence and caution.

Any misuse or abuse of the Services, website, or mobile application is strictly prohibited. You shall not make any representations or warranties on our behalf. You are solely responsible for backing up any data submitted or stored through the Services.

By using the Services, you acknowledge and agree to this Disclaimer.

14. Limitations of Liability

To the fullest extent permitted by applicable law, in no event shall we, our directors, officers, employees, agents, affiliates, or licensors be liable to you or any third party for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, business interruption, or any other damages arising from or related to your use of or inability to use the Services, even if we have been advised of the possibility of such damages.Notwithstanding anything to the contrary contained herein, our total aggregate liability to you for any claims arising out of or related to these Terms, regardless of the cause of action or legal theory, shall be limited to the lesser of: (i) the total amount paid by you, if any, for access to the Services, or (ii) the amount permitted under applicable law.Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above limitations and disclaimers may not apply, and you may have additional rights under applicable law.

15. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless [Company Name], including its subsidiaries, affiliates, and their respective officers, directors, employees, agents, and partners (collectively, the "Indemnified Parties"), from and against any and all claims, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

1. Your use of the Services;
2. Your breach of these Legal Terms;
3. Any inaccuracy or violation of the representations and warranties made by you under these Legal Terms;
4. Your infringement or violation of any third party’s rights, including but not limited to intellectual property rights; or
5. Any intentional misconduct or harmful act directed at another user of the Services with whom you have interacted through the Services.

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Notwithstanding the foregoing, we reserve the right, at your sole expense, to assume the exclusive defense and control of any claim, action, or proceeding subject to indemnification under this section. In such an event, you agree to fully cooperate with us in the defense of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding that falls within the scope of this indemnification upon becoming aware of it.

16. User Data

We may retain certain data that you transmit to the Services for the purpose of facilitating and improving service performance, as well as data related to your usage of the Services. While we conduct routine backups of such data, you acknowledge and agree that you are solely responsible for maintaining and safeguarding all data that you transmit or generate through your use of the Services.To the fullest extent permitted by law, we shall not be liable for any loss, damage, or corruption of such data. You expressly waive any claims, demands, or legal actions against us arising from any loss, alteration, or corruption of data, whether due to system failures, unauthorized access, or other unforeseen circumstances.

17. Electonic Communications, Transactions, And Signatures

By accessing or using the Services, sending emails to us, or completing online forms, you acknowledge and agree that such actions constitute electronic communications. You consent to receive communications from us electronically, including but not limited to agreements, notices, disclosures, and other information via email or through the Services. You agree that such electronic communications satisfy any legal requirement that such communications be in writing.You hereby consent to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Services. You waive any rights or requirements under any applicable laws, regulations, or rules in any jurisdiction that mandate an original signature, physical document retention, or non-electronic means of payment or credit issuance.

18. Miscellaneous

These Terms, along with any policies or operational rules posted on or in relation to the Services, constitute the complete agreement between you and us, superseding any prior agreements or understandings. Our failure to enforce any right or provision under these Terms shall not be considered a waiver of such right or provision. These Terms shall be enforced to the maximum extent permitted by applicable law.We reserve the right to assign our rights and obligations under these Terms to any third party at any time. We shall not be held liable for any loss, damage, delay, or failure to act due to circumstances beyond our reasonable control. If any provision or part of a provision of these Terms is found to be unlawful, invalid, or unenforceable, such provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms or your use of the Services. You acknowledge that these Terms shall not be construed against us merely because we drafted them. Additionally, you waive any defenses based on the electronic nature of these Terms and the absence of physical signatures by the parties.

19. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

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‍admin@gauze.md