Terms & Conditions

Last updated: June 2026

These Terms & Conditions ("Terms") govern your access to and use of the website, digital properties, software, platforms, tools, content, and related services made available by Gemba Concepts Private Limited ("Gemba", "we", "us", or "our").

By accessing, browsing, submitting information through, or using our website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you should not use our website or Services.

1. Company Details

Gemba Concepts Private Limited

Ram Leo, 59/4, Market Rd, Basavanagudi, Bengaluru, Karnataka 560004, India

Email: sales@gembaconcepts.com

2. Scope of These Terms

These Terms apply to:

  • your use of our public website;
  • enquiries, contact forms, consultation requests, and other submissions through our website;
  • access to any software, platform, portal, dashboard, digital tools, or online resources that we may provide;
  • use of any content, materials, downloads, reports, presentations, or resources made available through our website or Services.

If you enter into a separate master services agreement, statement of work, subscription agreement, order form, proposal, or other written agreement with us, that separate agreement will govern to the extent of any inconsistency in relation to those Services.

3. Acceptance Through Electronic Means

You agree that your use of the website or Services, clicking acceptance buttons or checkboxes, completing online forms, submitting requests, creating accounts, or otherwise communicating electronically with us may constitute valid acceptance of these Terms and related policies, as applicable.

4. Eligibility and Lawful Use

You agree to use our website and Services only for lawful purposes and in compliance with applicable laws, regulations, contractual obligations, and these Terms.

You must not:

  • use the website or Services in any unlawful, fraudulent, deceptive, abusive, or harmful manner;
  • interfere with the operation, integrity, or security of the website or Services;
  • attempt unauthorized access to any system, account, network, or data;
  • copy, scrape, reverse engineer, decompile, disassemble, or exploit any part of the website, platform, or software, except to the extent expressly permitted by applicable law;
  • transmit harmful code, malware, or disruptive material;
  • use the website or Services to infringe the rights of any person or entity.

5. Information on the Website

The content on this website is provided for general informational purposes only. While we aim to keep information accurate and current, we do not warrant that website content is complete, accurate, or suitable for every purpose.

Nothing on this website constitutes professional, legal, financial, investment, regulatory, operational, or business advice unless expressly agreed in a separate written engagement.

6. Consulting and Advisory Disclaimer

Our consulting, advisory, implementation, and technology-related Services may involve recommendations, assessments, guidance, analysis, facilitation, or strategic support. Unless expressly stated in a written agreement:

  • our Services are advisory in nature;
  • we do not guarantee any specific commercial, operational, financial, technical, regulatory, or business outcome;
  • outcomes may depend on customer decisions, third-party systems, implementation quality, assumptions, timelines, data quality, and factors beyond our control;
  • the customer remains responsible for its internal decisions, approvals, implementation actions, regulatory positions, and business outcomes.

7. SaaS / Platform / Technology Services

Where we provide software, platform, dashboard, portal, digital tools, hosted services, or other technology-enabled offerings:

  • access may be subject to registration, credentials, subscriptions, or separate commercial terms;
  • we may modify, update, suspend, or discontinue features from time to time;
  • you are responsible for maintaining the confidentiality of login credentials and for activities under your account;
  • you must use the platform only for authorized business purposes and in accordance with applicable law;
  • you must not misuse, copy, benchmark, reverse engineer, resell, or unlawfully exploit the platform or underlying software;
  • availability, support levels, service commitments, and implementation scope may be governed by a separate written agreement where applicable.

8. Customer Data

As between you and Gemba, you retain ownership of personal data, business information, documents, and other materials that you or your authorized users submit to us or to the Services ("Customer Data"), subject to any separate written agreement.

You grant us a limited, non-exclusive right to use, host, store, process, transmit, and otherwise handle Customer Data only to the extent necessary to:

  • provide, operate, maintain, support, secure, and improve the Services;
  • perform our contractual obligations;
  • comply with law;
  • enforce our rights and policies;
  • create aggregated or anonymized insights that do not identify you or any individual, where permitted by law.

You represent that you have all rights, permissions, and legal authority necessary to provide Customer Data to us for these purposes.

9. Intellectual Property

All rights, title, and interest in and to the website, software, platform, content, documentation, designs, graphics, text, logos, trade names, trademarks, methodologies, know-how, tools, templates, reports, and related materials provided by us, including all intellectual property rights therein, are and shall remain the property of Gemba or its licensors.

Except as expressly permitted in writing, you may not:

  • copy, reproduce, modify, republish, distribute, display, transmit, sell, license, or create derivative works from our materials;
  • remove proprietary notices;
  • use our name, marks, or branding without prior written consent.

Any deliverables, reports, frameworks, presentations, or materials provided during an engagement shall be subject to the ownership and license position set out in the applicable written agreement. In the absence of such agreement, Gemba retains ownership of its pre-existing materials, methodologies, templates, tools, and know-how.

10. Confidentiality

Each party may receive confidential or proprietary information from the other in connection with the website or Services ("Confidential Information"). The receiving party shall:

  • protect such Confidential Information using reasonable care;
  • use it only for legitimate purposes related to the relationship or Services;
  • not disclose it to unauthorized persons except on a need-to-know basis and under appropriate confidentiality obligations.

Confidential Information does not include information that:

  • is or becomes publicly available without breach;
  • was lawfully known to the receiving party without restriction before disclosure;
  • is lawfully received from a third party without breach of obligation;
  • is independently developed without use of the disclosing party's Confidential Information.

A party may disclose Confidential Information where required by law, regulation, or court order, provided it takes reasonable steps where permitted to notify the other party.

11. Third-Party Services and Links

Our website or Services may include or rely on third-party websites, software, hosting, integrations, content, or links. We do not control and are not responsible for third-party products, services, content, security, privacy practices, or availability.

Your use of third-party services may be subject to separate terms and policies of those third parties.

12. User Submissions

If you submit information, feedback, suggestions, comments, or materials to us:

  • you represent that you have the right to provide such materials;
  • you grant us the right to use such submissions to respond to you, evaluate opportunities, provide Services, improve our offerings, and maintain business records;
  • you must not submit unlawful, infringing, defamatory, confidential (unless specifically required), or malicious material through public website channels.

13. No Warranties

To the maximum extent permitted by applicable law, the website and Services are provided on an "as is" and "as available" basis. We do not warrant that:

  • the website or Services will be uninterrupted, error-free, secure, or free from harmful components;
  • defects will always be corrected;
  • the website content or outputs will be fully accurate, complete, or suitable for your particular needs;
  • the Services will achieve any specific business, commercial, operational, compliance, or technical result.

14. Limitation of Liability

To the maximum extent permitted by applicable law:

  • Gemba shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenue, business opportunity, goodwill, data, or anticipated savings;
  • Gemba shall not be liable for delays, interruptions, outages, errors, third-party failures, security incidents caused by third parties, or losses arising from customer systems, data, dependencies, or misuse;
  • in relation to any specific paid Service, Gemba's aggregate liability arising out of or in connection with the relevant claim shall not exceed the fees actually paid by you to Gemba for the specific Service giving rise to the claim during the twelve (12) months preceding the event, or, if no fees were paid, Gemba shall have no monetary liability arising from the use of the website or free services.

Nothing in these Terms excludes liability that cannot lawfully be excluded under applicable law.

15. Indemnity

You agree to indemnify, defend, and hold harmless Gemba, its directors, employees, affiliates, agents, and service providers from and against any claims, liabilities, losses, damages, costs, and expenses arising out of or related to:

  • your breach of these Terms;
  • your misuse of the website or Services;
  • your violation of applicable law;
  • your infringement of any rights of a third party;
  • Customer Data or materials supplied by you in breach of applicable rights or obligations.

16. Consumer Rights and Statutory Protections

Nothing in these Terms excludes or limits rights or remedies that cannot be excluded under applicable law, including the Consumer Protection Act, 2019. Any mandatory statutory rights shall prevail over inconsistent provisions only to the extent of such inconsistency. Where Services are acquired for business purposes, certain consumer protections may not apply to the maximum extent permitted by law.

17. Suspension and Termination

We may suspend, restrict, or terminate access to the website or Services, in whole or in part, with or without notice, if:

  • we believe you have breached these Terms;
  • your use poses a security, legal, or operational risk;
  • required by law, regulation, court order, or governmental direction;
  • necessary for maintenance, upgrades, investigations, or protection of systems or users.

Termination or suspension does not affect accrued rights, obligations, payment obligations, or clauses intended to survive termination.

18. Privacy

Your use of the website or Services may involve the collection and processing of personal data in accordance with our Privacy Policy. By using the website or Services, you acknowledge that you have reviewed our Privacy Policy.

19. Changes to Website or Terms

We may revise, update, modify, suspend, or discontinue any part of the website, Services, or these Terms at any time. Updated Terms will become effective when posted, unless otherwise stated. Your continued use after such posting constitutes acceptance of the updated Terms.

20. Force Majeure

We shall not be liable for any delay or failure in performance caused by events beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, labor disruptions, internet or utility failures, cyber incidents, governmental restrictions, or failures of third-party service providers.

21. Online Services and User Acknowledgements

Users acknowledge that they have independently evaluated the suitability of the Services and have not relied upon representations other than those expressly stated in these Terms or a written agreement. Case studies, testimonials, projections, examples, and demonstrations do not constitute guarantees of results.

22. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of India. Any dispute shall first be attempted to be resolved amicably.

If unresolved within thirty (30) days, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator mutually appointed by the Parties. The seat and venue shall be Bengaluru, Karnataka, India. The arbitration shall be conducted in English. The award shall be final and binding. Either Party may seek interim injunctive relief from a court of competent jurisdiction. Courts at Bengaluru shall have exclusive jurisdiction over arbitration-related proceedings and enforcement of awards.

23. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

24. Waiver

Failure or delay by Gemba in exercising any right or remedy under these Terms shall not constitute a waiver of that right or remedy.

25. Entire Understanding

These Terms, together with any applicable Privacy Policy, Cookie Notice, and any separate written agreement entered into with you, constitute the entire understanding between you and Gemba in relation to the subject matter addressed herein.

26. Contact

For any questions about these Terms, please contact:

Gemba Concepts Private Limited

Ram Leo, 59/4, Market Rd, Basavanagudi, Bengaluru, Karnataka 560004, India

Email: sales@gembaconcepts.com

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