Terms of Service

These Terms of Service govern your use of the Gbooks website, our demo and trial environments, and the software suite we license and host. In them, "Gbooks", "we" and "us" mean the Gbooks business operating from BL-FRONT, 2nd Floor, 96/L S.P. Mukherjee Road, Kolkata, West Bengal, India – 700026; "you" means the individual or organisation using the site or the services.

By browsing this website, requesting a demo, or accessing any Gbooks system, you accept these terms. If you are accepting on behalf of an organisation, you confirm you are authorised to bind it.

If you have signed a separate order form, subscription agreement or master services agreement with us, that document governs the services it covers. These terms fill the gaps and continue to govern your use of this website.

• "Services" — the Gbooks software modules, add-ons, hosting, implementation and support you have subscribed to.
• "Order Form" — the signed document or written proposal setting out your modules, users, term and fees.
• "Customer Data" — the data you or your users enter into, upload to, or generate within the Services.
• "Users" — the people you authorise to access the Services under your account, including your staff and contractors.
• "Documentation" — the guides, release notes and configuration references we make available for the Services.

You may browse this site and use its forms for genuine business enquiries. Everything on it — copy, design, code, graphics and marks — belongs to us or our licensors and is protected by law.

You may not scrape, mirror, frame or systematically extract the site, attempt to gain unauthorised access to any part of it, probe or test its defences without our written permission, or use it to send unsolicited commercial messages. Content on the site is provided for information only and is not a binding offer, a warranty, or professional advice.

Access to the Services is granted for the term, module scope and user count recorded in your Order Form. Unless that document says otherwise, subscriptions renew for successive terms of the same length until either party gives written notice before the current term ends.

You are responsible for your account: keeping credentials confidential, assigning roles sensibly, removing users who leave, and everything done under your Users' logins. Logins are personal and may not be shared between people. Tell us promptly if you suspect any unauthorised access.

Trials, pilots and demo environments are provided for evaluation only. We may change or withdraw them at any time, and data placed in them may be deleted when the trial ends.

You agree not to, and not to permit anyone else to:

• Use the Services in breach of any applicable law, or to store or transmit unlawful, infringing or harmful content.
• Upload malicious code, or interfere with the integrity, performance or availability of the Services or the data of any other customer.
• Reverse engineer, decompile, or attempt to derive the source code or underlying structure of the Services, except to the extent the law expressly permits.
• Resell, sublicense, rent or provide the Services to a third party as a bureau or managed service, unless your Order Form allows it.
• Copy, benchmark for publication, or use the Services to build a competing product.
• Circumvent usage limits, licensing controls or authentication mechanisms.

We may suspend access without notice where we reasonably believe continued use threatens the security, integrity or lawful operation of the platform. We will restore access as soon as the cause is resolved, and will tell you what happened.

Fees, the billing cycle and payment terms are those in your Order Form. Invoices are payable by the due date stated on them. Fees are exclusive of GST and any other applicable taxes, duties or withholdings, which are payable by you.

Overdue amounts may attract interest at the rate permitted by law, and we may suspend the Services after written notice if an undisputed invoice remains unpaid. Amounts already paid are non-refundable except where these terms or your Order Form expressly say otherwise.

Implementation, migration, custom development, additional training and third-party pass-through costs are quoted separately unless bundled in writing.

We own the Services, the Documentation, and all intellectual property in them, including any improvements we make. Subject to your paying the fees and complying with these terms, we grant you a non-exclusive, non-transferable, revocable right to use the Services for your own internal business operations during the subscription term.

Nothing in these terms transfers ownership of our software to you. Feedback and suggestions you give us may be used freely to improve the Services, without obligation or payment.

Customer Data is and remains yours. You grant us the limited right to host, process, transmit, back up and display it strictly to provide, support and secure the Services, and as your documented instructions otherwise require.

You are responsible for the accuracy and legality of Customer Data, for having the rights and consents needed to put it into the Services, and for meeting the obligations that apply to your sector — patient confidentiality, student records, employment and payroll data, and financial record-keeping among them.

We process personal data as described in our Privacy Policy. On termination, we make Customer Data available for export for the window set out in your Order Form, after which it is deleted on the agreed schedule.

Each party may receive information the other treats as confidential. Both agree to protect it with at least reasonable care, use it only for the purposes of this agreement, and disclose it only to staff and advisers who need it and are under equivalent duties.

These obligations do not apply to information that is public through no fault of the receiving party, was already lawfully held, or is independently developed — nor do they prevent a disclosure required by law, provided the other party is told where it is lawful to do so.

The Services integrate with third-party providers — payment gateways, the WhatsApp Business API, messaging and mapping services among them. Those integrations are subject to the provider's own terms, pricing and availability, and we do not control their platforms.

Where a provider changes, restricts or discontinues its service, we will make reasonable efforts to offer an alternative, but we are not liable for the provider's acts, omissions or outages.

We provide support through the channels and within the response targets stated in your Order Form or support plan. Our published availability commitments, and any service credits, are those recorded in that document.

We carry out planned maintenance in low-traffic windows and give advance notice where the work is likely to interrupt service. Emergency maintenance needed to preserve security or integrity may be performed without notice.

We continue to develop the Services. We may add, modify or retire individual features; where a change would materially reduce core functionality you rely on, we will give reasonable prior notice.

We warrant that we will provide the Services with reasonable skill and care, by suitably qualified people, and substantially in line with the Documentation.

Beyond that warranty and any commitments in your Order Form, the Services and this website are provided "as is". To the fullest extent the law permits, we exclude all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, or that they will meet requirements we have not agreed in writing.

The Services support your operations; they do not replace professional judgement. Outputs relating to clinical care, tax, statutory filings, payroll compliance and financial reporting must be reviewed by qualified people before you rely on them.

Neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, anticipated savings, or loss or corruption of data to the extent it results from the other party's failure to maintain its own backups or security.

Each party's total aggregate liability arising out of or connected with this agreement is limited to the fees paid or payable by you for the Services in the twelve months immediately before the event giving rise to the claim.

Nothing in these terms limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded.

We will defend you against a third-party claim that the Services, used as permitted, infringe that party's intellectual property rights, and will pay damages finally awarded — provided you notify us promptly, give us control of the defence and reasonable assistance. If such a claim arises we may modify the Services, obtain a licence, or terminate the affected subscription and refund fees paid for the unused term.

You will indemnify us against claims arising from Customer Data, from your use of the Services in breach of these terms or of law, or from your failure to obtain the consents your own operations require.

This agreement runs for the subscription term in your Order Form and any renewals. Either party may terminate for material breach that is not remedied within thirty days of written notice, or immediately if the other becomes insolvent or enters winding-up.

On termination your right to use the Services ends, you must pay all amounts due up to the termination date, and each party returns or deletes the other's confidential information — subject to the data export window and to records the law requires us to retain.

Clauses that by their nature should survive — fees due, confidentiality, intellectual property, liability, indemnities and governing law — survive termination.

Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disasters, epidemics, war, civil unrest, strikes, government action, failure of public telecommunications, power grids or upstream cloud infrastructure.

The affected party will notify the other and use reasonable efforts to resume performance. If the event continues for more than sixty days, either party may terminate the affected Services without penalty.

We may update these terms as our services and the law change; the revision date at the top reflects the current version, and material changes will be notified before they take effect. Continued use after that constitutes acceptance.

You may not assign this agreement without our written consent; we may assign it to an affiliate or in connection with a merger or sale of the business. Neither party is the other's agent or partner. If any provision is held unenforceable, the rest stands. A failure to enforce a right is not a waiver of it.

We may identify you as a customer by name and logo in our customer lists unless you tell us in writing not to.

These terms and any dispute arising from them are governed by the laws of India, without regard to conflict-of-law rules.

The parties will first attempt to resolve any dispute in good faith through senior representatives. Failing that, the courts at Kolkata, West Bengal have exclusive jurisdiction, save that either party may seek urgent injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Questions about these terms, your Order Form or your subscription can be sent to hello@gbooks.com, or posted to Gbooks, BL-FRONT, 2nd Floor, 96/L S.P. Mukherjee Road, Kolkata, West Bengal, India – 700026.