TERMS OF SERVICE
Last Updated: July 30, 2023
Gig Bundles provides web design and digital marketing (the “Service”) via the Company website(s) offered from time to time at www.gigbundles.com (the “Site”). The Company Service is owned and operated by Gig Bundles, Inc (“Company” “we” or “us”).
Your use of the Service is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
- Updates to Terms of Service; Integration. We may, in our sole discretion, modify the Terms of Service via email or by posting notice on any part of the Service. The “Last Updated” date at the top the Terms of Service indicates when the latest modifications were made to the Terms of Service. By continuing to access and use the Service you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. You are encouraged to review this Terms of Service periodically and to check the “Last Updated” date at the top of the Terms of Service for the most recent version. In addition, when using services or features on the Service, you will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to the Privacy Policy as noted below. All such guidelines or policies are hereby incorporated by reference into these Terms of Service.
2. Service Availability. The Service is subject to potential modifications, updates, interruptions, suspensions, or discontinuations at any time, without prior notice or liability. In the event of discontinuation, all data would be deleted as per the discontinuation process.
3. Privacy Policy. Your use of the Service is governed by the terms outlined in our Privacy Policy, which is incorporated into and forms a part of these Terms of Service. Please carefully review our Privacy Policy, and by accessing or using the Service, you agree to abide by its terms.
4. Age. The Service is intended for individuals aged at least eighteen (18) years. Use of the Service by individuals below this age is a violation of the Terms of Service. You are prohibited from using the Service if you are a competitor of the Service, or if your previous usage has led to a ban or account closure.
5. Intellectual Property. You recognize that all materials on the Service, encompassing Website design, Application design, graphics, text, sounds, pictures, and other files, along with their arrangement (collectively, “Materials”), are the property of Company and/or its licensors. These materials are safeguarded by United States and international copyright and other intellectual property laws and rights. All rights to Materials not explicitly granted in these Terms of Service are reserved to their respective copyright owners. Company grants you permission to view, download, and/or print the Materials, provided you preserve all copyright and other proprietary notices in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works, or use any of the Materials in any form or by any means without prior written authorization from Company or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or use them for any public or commercial resale purposes. The trademarks, service marks, trade names, trade dress, and logos (collectively, “Marks”) described in the Service are the exclusive property of Company and/or its licensors and may not be copied, altered, or used, in whole or in part, without prior written authorization from Company and/or its licensors. Company retains the right to fully enforce its intellectual property rights under the law. Your use of the Service is solely under a limited license granted herein, and you do not acquire any ownership interest therein through the Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin appearing in connection with any aspect of the Service are the property of Company, its affiliates, or licensors. Company reserves the right to rescind and terminate the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by Company to you are fully reserved by Company, its advertisers, and licensors. Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Service may not be owned by us and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Service.
6. Use of the Service.
6.1 To utilize the Service and/or access specific features, you may need to create an account. In doing so, you agree to:
Provide accurate, current, and complete information about yourself as prompted by the Service.
Maintain and promptly update such information as permitted. If you provide false, inaccurate, or outdated information, or if Company has reasonable grounds to suspect such inaccuracies, Company reserves the right to suspend or terminate your account and prohibit your current or future use of the Service.
Acknowledge that your account is for personal and/or business use and may not be resold.
By creating an account, you also agree to receive certain communications related to the Service.
6.2 You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities under your account. Your account is intended to be private, and you must not share accounts for any reason. Notify us immediately of any unauthorized use or security breaches. You are liable for all charges resulting from your account’s use, including unauthorized use.
6.3 While accessing or using the Service, you may not:
Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers.
Probe, scan, or test system vulnerabilities or breach security measures.
Access or search the Service through any means other than our currently available, published interfaces, unless specifically allowed in a separate agreement.
Forge any TCP/IP packet header or alter email/header information using the Service.
Disrupt or interfere with user, host, or network access, including sending viruses, overloading, flooding, spamming, mail-bombing the Service, or creating an undue burden.
6.4 You may not use manual or automated software, devices, or processes to “crawl,” “scrape,” or “spider” any page of the Service. Decompiling, reverse engineering, or attempting to obtain the source code of any part of the Service is prohibited.
6.5 Your use of the Service is at your own risk, including potential exposure to offensive, indecent, inaccurate, objectionable, or inappropriate content.
7. Third-Party Sites & Services
a. Links provided to Third-Party websites via the Service are for convenience. If you use these Third-Party Services or links, you may leave the Service. Company doesn’t control or endorse such Third-Party Services, and the Company Parties won’t be responsible for content, goods, or services provided by Third-Parties or for your use or inability to use such Third-Party websites.
b. You use such links at your own risk, and other websites might contain material or information that could be offensive, inaccurate, misleading, deceptive, defamatory, libelous, infringing, or otherwise unlawful. Company disclaims responsibility for the content, legality, decency, or accuracy of information and any products or services on Third-Party websites linked from the Service.
8. Suggestions and Improvements. By submitting ideas, suggestions, documents, or proposals (“Feedback”), you agree that:
(i) Your Feedback doesn’t contain confidential or proprietary third-party information.
(ii) We have no obligation of confidentiality concerning the Feedback.
(iii) We may have similar Feedback already under consideration or in development.
(iv) You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback. You irrevocably waive any claims and assertions of moral rights against Company and its users in such Feedback.
9. Termination. You can terminate your Service use anytime, subject to existing Agreements. Company may suspend or terminate your access to all or part of the Service, with or without notice, at our discretion. Company reserves the right to modify or discontinue the Service (or any part) with or without notice at any time. Following termination or cancellation, we may delete all your data in the normal course of operations.
10. Representations. You expressly represent, warrant, and acknowledge that:
- 10.1 Company does not warrant or guarantee the suitability or availability of any material or content, including, but not limited to, data, products, or services found through the Service.
- 10.2 Company does not actively assess the authenticity or quality of any material, content, or providers, including data, products, or services, found through the Service.
- 10.3 Company refrains from making representations or commitments regarding the ownership or licensing of many materials or content provided via the Service by third parties.
- 10.4 Any information, including data, materials, or content on the Service, including on any Facebook, Instagram, or Twitter page, is purely for informational purposes.
- 10.5 Company does not guarantee that any work provided via the Service will comply with the Americans with Disabilities Act (“ADA”).
11. Warranties, Disclaimers, and Limitations of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, COMPANY, ITS PARENT, SUBSIDIARY, AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS, AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE COMPANY SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. THE COMPANY PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE SERVICE; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SERVICE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE SERVICE OR BETWEEN A USER OF THE SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE SERVICE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE COMPANY PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE PRODUCTS, INFORMATION, AND SERVICES OFFERED ON AND THROUGH THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO COMPANY VIA THE SERVICE FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY COMPANY TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM YOU MAY BRING MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR IT WILL BE PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
12. Indemnification. You commit to indemnify, defend, and protect the Company Parties against all claims, demands, causes of action, losses, expenses, damages, and costs (including any reasonable attorneys’ fees). This pertains to the result, occurrence, or connection with your use of the Service, any activity on your account by you or any other person authorized by you, any Content you submit, post, or transmit through the Service, your violation of these Terms of Service, your infringement or violation of another’s rights, or the termination of your access to the Service. We hold the right to, at our sole expense, assume the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such claim, action, settlement, or compromise negotiations as requested by us.
13. Purchases and Payments
Purchase of Services. Your contract for the purchase of Services, if any, is finalized once you confirm your purchase, and the performance of this contract begins as soon as the purchase is complete.
Pricing. Pricing and availability of all Services for sale, if any, displayed through the Site are subject to change at any time before you click the button indicating that you want to purchase such Services.
14. Procedure for Notifying the Company of Copyright Infringement. Those believing their copyrighted work has been infringed or are aware of other infringing material should contact our Copyright Agent. Provide the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
Identification of the copyrighted work claimed to have been infringed.
Information describing where the allegedly infringing material is located on the Service.
Your address, telephone number, and email address.
A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
15. Miscellaneous. These Terms of Service constitute the entire agreement between Company and each user of the Service regarding the subject matter herein.
If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of the Company Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term. It shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign, or delegate these Terms of Service and its rights and obligations without your consent.
We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations by acts, events, omissions, or accidents beyond our reasonable control.
No agency, partnership, joint venture, or employment is created. You do not have any authority to bind us in any respect whatsoever.
No action arising out of these Terms of Service or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen.
16. Applicable Law and Jurisdiction. Your use of the Service is governed by and will be enforced under the laws of the State of Pakistan without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within this stated Jurisdiction. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any controversy, claim, suit, injury, or damage arising from or in any way related to the Service or these Terms of Service shall be settled by binding arbitration. This is in accordance with the commercial arbitration rules of the Pakistani Arbitration Association then in effect and before a single arbitrator located in or near Lahore, Pakistan. Any such controversy, claim, suit, injury, or damage shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any controversy, claim, suit, injury, or damage of any other party. Company may seek any interim or preliminary relief from a court of competent jurisdiction in the State listed above necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. IN ANY CLAIM, ACTION, OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
17. Customer Service. If you have any comments or questions regarding these Terms of Service or wish to report any violation of these Terms of Service, you may contact us at the address below.
Email address: Admin@gigbundles.com