Terms & Conditions

Welcome

Welcome to the Gazy website and related sites and digital and online services ("Gazy Site" or the "Site"), an online e-commerce, information, and communications service provided by Gazy and all affiliates ("Gazy" or "We" or "Us"). These Terms of Use cover the uses for all of this Site, although additional conditions, restrictions, and policies, including the Notice of Privacy Practices (NPP) and the Privacy Policy, posted or referenced on the Site may also apply.

1. BACKGROUND AND KEY INFORMATION

(a) How this Policy applies:

This Policy applies to all individuals who access or use the Platform or end-users of the Platform (“you”).

By accessing or using the Platform, you consent to the collection, storage, usage, and disclosure of your personal data, as described in and collected by us in accordance with this Policy.

(b) Review and Updates:

We regularly review and update our Privacy Policy, and we request you to regularly review this Policy. It is important that the personal data we hold about you is accurate and current. Please let us know if your personal data changes during your relationship with us.

(c) Third Party Services:

The Platform may include links to third party websites, plug-ins, services, and applications (“Third Party Services”). Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We neither control nor endorse these Third Party Services and are not responsible for their privacy statements. When you leave the Platform or access third party links through the Platform, we encourage you to read the privacy policies of such third party service providers.

2. PERSONAL DATA THAT WE COLLECT

We collect different types of personal data about you. Personal data is information that relates to a natural person which, either directly or indirectly, or in combination with information that is available or likely to be available with us, is capable of identifying such person. This includes, but is not limited to:

  • Contact Data, such as your mailing address, location, and email addresses.
  • Identity and Account Data, such as your name, username, or similar identifiers.
  • Marketing and Communications Data, such as your email address, information posted in service requests, feedback, responses to user surveys and polls, your preferences in receiving marketing communications from us and our third parties, and your communication preferences.
  • Technical Data, which includes your IP address, browser type, internet service provider, details of operating system, access time, page views, device ID, device type, frequency of visiting and using the Platform, website and mobile application activity, clicks, date and time stamps, location data, and other technology on the devices that you use to access the Platform.
  • Usage Data, which includes information about how you use the Platform, your activity on the Platform, user taps and clicks, user interests, time spent on the Platform, details about user journey on the mobile application, and page views.
  • We also collect, use, and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data under law as it does not directly or indirectly reveal your identity. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Policy.
  • What happens if I refuse to provide my personal data?

Where we need to collect personal data by law, or under the terms of a contract (such as the Terms), and you fail to provide that data when requested, we may not be able to perform the contract (for example, to provide you with the Platform). In this case, we may have to cancel or limit your access to the Platform.

3. HOW DO WE COLLECT PERSONAL DATA?

We use different methods to collect personal data from and about you including through:

(a) Direct Interactions. You provide us your personal data when you interact with us. This includes personal data you provide when you:

  • create an account with us;
  • subscribe to our newsletters;
  • use our Platform or carry out other activities in connection with the Platform;
  • enter a promotion, user poll, or online surveys;
  • request marketing communications to be sent to you; or
  • report a problem with the Platform, give us feedback, or contact us.

(b) Automated technologies or interactions. Each time you visit the Platform, we will automatically collect Technical Data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, web beacons, pixel tags, server logs, and other similar technologies. We may also receive Technical Data about you if you visit other websites or apps that employ our cookies.

(c) Third parties or publicly available sources. We will receive personal data about you from various third parties, including but not limited to:

  • technical data from analytics providers such as advertising networks;
  • our business partners through which you access and use the Platform, such as payment providers, social media services, or applications or websites who use our APIs or whose API we use; or
  • personal data about you from our affiliate entities.

4. HOW DO WE USE YOUR PERSONAL DATA?

We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal data where we need to provide you with access to the Platform, or where we need to comply with a legal obligation. We may use your personal data for the following purposes:

  • to verify your identity and create user accounts with us on the Platform;
  • to provide the Platform to you;
  • to monitor trends and personalise your experience;
  • to improve the functionality of our Platform based on the information and feedback we receive from you;
  • to improve customer service to effectively respond to your Platform requests and support needs;
  • to send periodic notifications, information, and updates pertaining to the Platform, or to send occasional company news and updates related to us or the Platform;
  • to market and advertise the Platform;
  • to comply with legal obligations;
  • to administer and protect our business and the Platform, including troubleshooting, data analysis, system testing, and performing internal operations;
  • to improve our business;
  • to perform our obligations that arise out of the arrangement we are about to enter or have entered with you;
  • to communicate for business purposes in the course of providing the Platform;
  • to enforce our Terms; or
  • to respond to court orders, establish or exercise our legal rights, or defend ourselves against legal claims.

(b) You agree and acknowledge that by using our Platform and subscribing to our newsletters and other features of the Platform, you authorise us and our affiliates to contact you via email, phone, or otherwise. This is to provide the Platform to you and ensure that you are aware of all the features of the Platform and for related purposes.

(c) You agree and acknowledge that any and all information pertaining to you, whether or not you directly provide it to us (via the Platform or otherwise), including but not limited to personal correspondence such as emails, instructions from you, etc., may be collected, compiled, and shared by us in order to render the Platform to you. This may include but not be limited to social media companies, third-party service providers, storage providers, data analytics providers, consultants, lawyers, and auditors. We may also share this information with other entities in the GAZY group in connection with the above-mentioned purposes.

(d) You agree and acknowledge that we may share data without your consent when it is required by law or by any court or government agency or authority to disclose such information. Such disclosures are made in good faith and belief that it is reasonably necessary to do so for enforcing this Policy or the Terms, or in order to comply with any applicable laws and regulations.

5. COOKIES

(a) Cookies are small files that a site or its service provider transfers to your device’s hard drive through your web browser (if you permit it to) that enables the sites or service providers’ systems to recognise your browser and capture and remember certain information.

(b) We use cookies to help us distinguish you from other users of the Platform, understand and save your preferences for future visits, keep track of advertisements, and compile aggregate data about site traffic and site interaction so that we can offer you a seamless user experience. We may contact third party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

(c) Additionally, you may encounter cookies or other similar devices on certain pages of the Platform that are placed by third parties. We do not control the use of cookies by third parties. If you send us personal correspondence, such as emails, or if other users or third parties send us correspondence about your activities or postings on the Platform, we may collect such information within a file specific to you.

6. DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with third parties set out below for the purposes set out in Section 4:

  • Internal third parties, which are other companies within the GAZY group of companies.
  • External third parties such as:
  • trusted third parties such as our associate partners, and service providers that provide services for us or on our behalf. This includes hosting and operating our Platform, providing marketing assistance, conducting our business, and transmitting content;
  • analytic service providers and advertising networks that conduct web analytics for us to help us improve the Platform. These analytics providers may use cookies and other technologies to perform their services;
  • other registered users on our Platform upon your request or where you explicitly consent to such disclosure, unless otherwise required by law; and
  • regulators and other bodies, as required by law or regulation.

(b) We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

7. YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA

(a) Access and Updating your Personal Data: When you use our Platform, we make best efforts to provide you with the ability to access and correct inaccurate or deficient data, subject to any legal requirements.

(b) Opting-out of Marketing and Promotional Communications: When we send you marketing and promotional content through email, we make best efforts to provide you with the ability to opt-out of such communications by using the opt-out instructions provided in such emails.

8. TRANSFERS OF YOUR PERSONAL DATA

(a) We comply with applicable laws in respect of storage and transfers of personal data. As a part of your use of the Platform, the information, and personal data you provide to us may be transferred to and stored in countries other than the country you are based in. This may happen if any of our servers are from time to time located in a country other than the one you are based in, or one of our service providers is located in a country other than the one you are based in.

(b) By submitting your information and personal data to us, you agree to the transfer, storage, and processing of such information and personal data in the manner described above.

9. DATA SECURITY

(a) We implement certain security measures and privacy-protective features on our Platform to protect your personal data from unauthorised access and disclosure, and follow standards prescribed by applicable law.

(b) Where you have chosen a password that enables you to access certain parts of the Platform, you are responsible for keeping this password secret and confidential. We will not be responsible for any unauthorised use of your information, or for any lost, stolen, or compromised passwords, or for any activity on your user account due to such unauthorised disclosure of your password. In the event your password has been compromised in any manner whatsoever, you should promptly notify us to enable us to initiate a change of password.

10. DATA RETENTION

(a) You agree and acknowledge that your personal data will continue to be stored and retained by us for as long as necessary to fulfil our stated purpose(s) and for a reasonable period after either the termination of your account on the Platform to comply with our legal rights and obligations.

(b) In some circumstances, we may aggregate your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

11. BUSINESS TRANSITIONS

In the event we go through a business transition, including but not limited to a merger, acquisition by another organisation, or sale of all or a portion of our assets, your personal data might be among the assets transferred.

12. USER GENERATED INFORMATION

(a) We invite Users to submit feedback and suggestions, make service requests, and submit details of grievances on the Platform. Please note that such content may be available to visitors to our Platform.

(b) We cannot prevent User Information from being used in a manner that is contrary to this Policy, applicable laws, or your personal privacy, and we disclaim all liability (express or implied) in this regard. Further, you agree to comply with all applicable laws in relation to the content uploaded or otherwise shared and received by you on our Platform. You understand and acknowledge that you will be solely responsible for any information published by you on our Platform that violates applicable laws.

13. UPDATES TO THIS POLICY

(a) We may occasionally update this Policy. If we make changes to this Policy, we will upload the revised policy on the Platform or share it with you through other means, such as email. To the extent permitted under applicable law, by using our Platform after such notice, you consent to updates made to this Policy.

(b) We encourage you to periodically review this Policy for the latest information on our privacy practices.

Disclaimers

YOU UNDERSTAND AND AGREE THAT GAZY SITE AND ANY SERVICES, CONTENT, OR INFORMATION CONTAINED ON OR PROVIDED BY GAZY SITE IS PROVIDED ON AN "AS IS" BASIS. GAZY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, GAZY DOES NOT GUARANTEE THAT USE OF GAZY SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES, OR WORMS. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.

Errors on Gazy Site

Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Gazy reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the Site's return policy.

Accuracy and integrity of information

Although Gazy attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Gazy so that it can be corrected. Gazy reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Gazy shall have no responsibility or liability for information or content posted to the Site from any non-Gazy affiliated third party.

Limitations of liability

THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL GAZY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. ANY CLAIMS AGAINST GAZY AND GAZY'S LIABILITY RELATING TO A PRODUCT OR SERVICE PURCHASED ON OUR SITE IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICE IS TO STOP USING THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Links to third party websites

The Site contains links to other sites operated by third parties, including but not limited to third party sites that may display the Gazy trademarks ("Third Party Sites"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.

Gazy does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on the Gazy Site does not constitute sponsorship, endorsement, approval, or responsibility for any Third-Party Site. Gazy makes no representation or warranty as to any products or services offered on any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from the conditions of use and legal notices that apply to your use of the Site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

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