1. USE OF THIS WEBSITE

Welcome to Gozel (https://gozelcare.com).

Gozel is a brand owned, operated and marketed by SRVATRA PHARMA INDIA PRIVATE LIMITED, a for-profit company which is registered with the Registrar of Companies, Himachal Pradesh with its corporate office situated at Times Square, C-196 A, Ind. Area Phase-8B, SAS Nagar, Mohali (PB) – 160055. You may access Gozel’s website https://gozelcare.com from a computer or mobile phone device (through an iOS or Android application, for example). You may be using our interactive services (“Interactive Services”), such as our beauty suggestions, beauty consultation, etc. The beauty services and these Terms of Use also govern your interactive and beauty services use. These Terms of Use govern all the products offered on our website, including the interactive and beauty services.

This website/platform shall only be used for your personal non-commercial use and information. These Terms and Conditions shall govern your use of the services and features of the website (hereinafter “Terms of Use”) along with the Privacy Policy, Shipping Policy, and Cancellation, Refund, and Return Policy (together “Policies”) as modified and amended from time to time.

By using the website, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Policies, whether you have read the same or not. ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

If you do not agree to any of the terms enumerated in terms of Use or the Policies, please do not use the website. You are responsible for ensuring that your access to this website and material available on or through it are legal in each jurisdiction, in or through which you access or view the website or such material.

Gozel reserves the unilateral right to change the particulars contained in terms of Policies from time to time and at any time, without notice to its users and at its sole discretion. If Gozel decides to change the Terms of Use or Policies, we will post the new version of the Terms of Use or the Policies on the website and update the date specified above. Any change or modification to the Terms of Use and Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the website. Your continued use of the website following modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules, and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the website.

2. PRIVACY PRACTICES

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the website. Your continued use of the website implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by Gozel following the terms of and purposes outlined in the Privacy Policy; the same may be subject to amendment from time to time at the sole discretion of Gozel.

3. YOUR ACCOUNT

This website is directed to be used by adults only. We assume that any minor accessing our website is under the supervision of their guardians, if at all. Gozel or its associates do not knowingly collect information from minors. You will be responsible for maintaining the confidentiality of your account, password and restricting access to your computer. You hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.

If you are accessing, browsing, and using the website on someone else’s behalf, you represent that you have the authority to bind that person to all the terms and conditions herein. If the person refuses to be bound as a principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the website resulting from such access or use of the

If you know or have reason to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided below. Suppose we have found a breach or suspected breach of the security of your account. In that case, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to Gozel.

We reserve the right to refuse service or terminate accounts without prior notice if these Terms of Use are violated or if we decide, at our sole discretion, that it would be in Gozel‘s best interests to do so. You are solely responsible for all content you upload, post, email, or otherwise transmit via the website. We shall maintain the information provided to us following our Privacy Policy.

4. PRODUCT & SERVICES INFORMATION

Gozel attempts to be as accurate as possible in the product’s description on the website. However, Gozel does not warrant that the product description, colour, information, or other website content is accurate, complete, reliable, current, or error-free. The website may contain typographical errors or inaccuracies and may not be complete or current. The product pictures and colours are indicative and may not match the actual product.

Gozel reserves the right to correct, change or update information, errors, inaccuracies, or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies, or omissions may relate to the pricing and availability of the product or services.

5. PRODUCT USE & SERVICES

The products and services available on the website, and the samples, if any, that Gozel may provide you are for your personal or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.

In case any products or beauty services purchased/received/availed cause side effects or don’t suit you, please note that Srvatra Pharma India Private Limited or Gozel is in no manner responsible for any manufacturer side-effects or service provided and the manufacturer of the product or service shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions about the products and beauty services and consult a specialist before using the same.

6. RECOMMENDATION OF THE PRODUCT & SERVICES

Any recommendation made to you in the website during your use of the website is purely for informational purposes and your convenience and does not amount to an endorsement of the product or services by Gozel or any of its associates in any manner.

7. PRICING INFORMATION

Gozel strives to provide accurate product and pricing information. However, errors may occur.

Gozel cannot confirm the product’s price until you make the order. Without limiting the generality of Clause 8 (Cancellations, Refunds, and Returns) below, if a product/service is listed at an incorrect price or with incorrect information due to any technical error, Gozel shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or you have already availed the service. If an item is wrongly priced, Gozel may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted, and Gozel will have the right to modify the price of the product/ service and contact you for further instructions using the email address provided by you during the time of registration or placing of the order, or cancel the order and notify you of such cancellation. If Gozel accepts your order, the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed before Gozel dispatches the product you have ordered. If we have to cancel the order after processing the payment, the said amount will be reversed to your credit/debit card account.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF Gozel.

Gozel may revise and cease to make available any product/services at any time. In the event, Gozel is unable to deliver the product to you on time or at all, you will be notified by email and your order will be automatically canceled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. Gozel shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

8. CANCELLATIONS, REFUNDS, AND RETURNS

Please refer to our Cancellation, Refunds, and Returns Policy provided on our Website.

9. MODE OF PAYMENT

Payments for the products available on the Website may be made in the following ways:

Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points.

• Credit cards, Debit Card, and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
• The Cash on Delivery option is not available for orders outside India.

10. SHIPPING AND DELIVERY

Please refer to our Shipping and Delivery Policy provided on our Website, as amended from time to time.

11. CHAT FUNCTIONALITY

Chat Functionality has been provided to help you with any website-related queries. Any use of this service shall be subject to the following conditions:

• Gozel may suspend the chat service at any time without notice.
• Gozel or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
• Gozel may store communication through chat for future reference, and the user of such service will not have the right to access such information at any future date.
• While ‘chatting,’ you may not communicate any objectionable information, i.e., unlawful, threatening, abusive, defamatory, obscene information.
• The chat room shall not be used to sell any products, to give suggestions on business opportunities, or any other form of solicitation.
• You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.

12. USER CONTENT

The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos, or other materials transmitted, uploaded, posted, emailed, or otherwise made available to us (“User Content “), are entirely your responsibility, and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree not to encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information that –

• belongs to another person and to which the user does not have any right to;
• is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever;
• harm minors in any way;
• infringes any patent, trademark, copyright, or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
• impersonate another person;
• contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any violation or is insulting any other nation.

Gozel shall not be held responsible for examining or evaluating user content, nor does it assume any responsibility or liability for the user content. Gozel does not endorse or control the user content transmitted or posted on the website by you. Therefore, we do not guarantee user content’s accuracy, integrity, or quality. You understand that you may be exposed to user content that is offensive, indecent, or objectionable to you by using the website. Under no circumstances will Gozel be liable in any way for any user content, including without limitation, for any errors or omissions in any user content or for any loss or damage of any kind incurred by you as a result of the use of any user content transmitted, uploaded, posted, emailed or otherwise made available via the website. You hereby waive all rights to any claims against Gozel for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with user content.

You hereby acknowledge that Gozel has the right (but not the obligation) in its sole discretion to refuse to post or remove any user content and further reserves the right to change, condense or delete any user content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Gozel has the right to remove any user content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe on the rights of others.

If you wish to delete your user content on our website or in connection with our mobile applications, please get in touch with us by email at info@gozelcare.com and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), the email address associated with our website or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you cannot provide such information to us. Please allow up to 30 business days to process your deletion request.

13. INTELLECTUAL PROPERTY RIGHTS

The “Gozel” name and logo and all related product and service names, design marks, and slogans are the trademarks, logos, or service marks (hereinafter referred to as “Marks”). All other Marks provided on the Website are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any Marks in any manner. Marks displayed on this website, whether registered or unregistered, of Gozel or others, are the intellectual property of their respective owners, and Gozel shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

Gozel and its suppliers and licensors expressly and exclusively reserve all intellectual property rights in all text, programs, products, processes, technology, Content, software, and other materials, which appear on this website, including its looks and feel. The compilation (meaning the collection, arrangement, and assembly) of the content on the website is the exclusive property of Gozel. It is protected by the Indian copyright laws and international treaties. Consequently, the materials on this website shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed, or modified in whole or in part or any other form whatsoever, except for your personal, non-commercial Use only. No right, title, or interest in any downloaded materials or software is transferred to you due to any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing, or modifying.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips, and written and other materials that are part of this website (collectively, the “Contents “) are intended solely for personal, non-commercial Use. You may download or copy the Contents and other downloadable materials displayed on the Website for your Personal Use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the Website’s homepage for personal, non-commercial Use only. The Contents and software on this Website are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless Gozel explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed, and/or other intellectual property owned, controlled, or licensed by Gozel, any of its affiliates, or by third parties who have licensed their materials to Gozel and are protected by Indian copyright laws and international treaties.

14. LIMITED LICENSE

Gozel grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the website. All rights not expressly granted to you in these Terms of Use are reserved and retained by the website and its affiliates.

Gozel reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the website and to block and prevent your future access to the Website.

15. REPRESENTATIONS AND WARRANTIES

This website is provided to you “AS IS.” We make no representations regarding the Use or the result of the use/depiction of the Contents on the Website in terms of their correctness, accuracy, reliability, or otherwise. Gozel shall not be liable for any loss suffered in any manner by the user due to depending directly or indirectly on the depiction of the Content on this Website.

You acknowledge that this Website is provided only on the basis set out in terms of Use. Your uninterrupted access or Use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability, or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website.

Gozel shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, Content, hours of availability, and equipment needed for access or Use. Further, the Website may discontinue disseminating any portion of information or category of Information. Gozel does not accept any responsibility and will not be liable for any loss or damage arising out of or in connection with any ability/inability to access or use the Website.

Gozel, through the Website, intends to provide its users with general information about beauty and healthcare topics and products. The Website encourages its users to interact with Gozel and its employees by asking questions that enable the user to obtain Information of a general nature about beauty and healthcare topics. The postings on the Website or social networking websites, including the Website’s Facebook page, or any information provided over chat or e-mails exchanged with Gozel, its employees or representatives (collectively referred to as “Information”) which are in furtherance of any communication made by the user with Gozel, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute a personal medical suggestion or be used for any medical diagnosis or treatment. While Gozel takes reasonable care to ensure that the Information is accurate, we make no representation and take no responsibility for the information’s accuracy, completeness, appropriateness, or usefulness. For any specific medical conditions or issues, users are advised to seek an opinion from a certified medical practitioner. If any user relies on the Information provided by Gozel or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will Gozel, its employees, representative, or affiliates be liable for the Information or the consequences of relying on such Information.

In keeping with Gozel’s objectives of providing its users with general Information about beauty and healthcare topics and products. Gozel engages experts knowing their respective fields (“Experts”) to respond to queries posted by users. Any information provided by the Experts, either over the Website, through emails, chat rooms, or on social networking websites, including the Website’s Facebook page (collectively referred to as “Expert’s Opinion “) is based on the Expert’s personal opinion. The Expert’s Opinion is not intended to constitute a personal medical suggestion or be used for any medical diagnosis or treatment. Gozel makes no representation and takes no responsibility for the accuracy, completeness, appropriateness, or usefulness of the Expert’s Opinion. In case any user relies on such an Expert’s Opinion, he/she may do so at its own risk. Under no circumstances will the Gozel, Company, its employees, representatives, or affiliates be liable for such Expert’s Opinion or for the consequences of relying on such Expert’s Opinion.

For any general information posted on the Website, users must not infer or assume that such Information necessarily applies to them.

16. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE WEBSITE IS PRESENTED “AS IS.” NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF Gozel. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

This disclaimer constitutes an essential part of this Terms of Use.

17. LINKS AND THIRD-PARTY WEBSITES

References on the Website to any names, marks, products, or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you. This does not in any way constitute or imply Gozel endorsement, sponsorship, or recommendation of the third party, information, product or service, or any association and relationship between Gozel and those third parties.

Gozel is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third-party websites, you do so entirely at your own risk. Gozel does not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Website. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Website.

18. TERMINATION

These Terms of Use are practical unless and until terminated by either you or Gozel.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Website. Gozel may terminate the Terms of Use at any time and may do so without notice and accordingly deny you access to the Website; such termination will be without any liability to the Website.

Upon any termination of the Terms of Use by either you or Gozel, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the Terms of Use.

19. INDEMNITY

You agree to defend, indemnify and hold harmless Gozel, its employees, directors, officers, agents, and their successors and assigns its holding, subsidiaries, affiliates, partners, or licensors from and against any claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Gozel or any third party including but not limited to breach of any warranties, representations or undertakings or about the non-fulfillment of any of your obligations under the Terms of Use, or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

20. GOVERNING LAW AND JURISDICTION

The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein, the Courts at Mohali shall have exclusive jurisdiction.

Any dispute or difference, either in interpretation or otherwise, of the Terms of Use and other Policies on the Website, between the parties hereto, shall be referred to an independent arbitrator who will be appointed mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat and venue of arbitration shall be held in Mohali.

Without any prejudice to particulars listed in Clause 13 above, Gozel shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

For disputes relating to orders outside India, the International arbitration rules of the Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Mohali.

21. WEBSITE SECURITY

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,

• accessing data not intended for you or logging onto a server or an account which you are not authorized to access
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
• attempting to interfere with service to any other user, host, or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing
• sending unsolicited email, including promotions or advertising of products or services
• Forging any header or part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

Gozel is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Gozel on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

22. ENTIRE AGREEMENT

If any part of these Terms of Use is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Gozel concerning the Website/services. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

Gozel’s failure to act concerning a breach by you or others does not waive its right to act for the breach or subsequent and similar breaches.

23. GENERAL

You acknowledge and hereby agree to these Terms and Conditions. It constitutes the complete and exclusive agreement between us concerning your use of the Website and supersede and govern all prior proposals, agreements, or other communications.

In our sole discretion, we reserve the right to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website thereafter constitutes your agreement to all such changed Terms and Conditions. With or without prior notice, we may terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other information, including, as applicable, by ceasing all use of the Website.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture, or other forms of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. Still, these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

If you have any questions regarding these Terms and Conditions, please email us at info@gozelcare.com.