Terms Of Use

GENERAL

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of aapkilathi.com. The domain name www.aapkilathi.com, is owned and operated by Aapkilathi Technologies Private Limited incorporated under the provisions of the Companies Act, 2013, and having its registered office at Elitra E 1001 Kalyan Shil Road Casa Bella Gold Thane 421204, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
The term ‘You’ & ‘User’ shall mean any legal person or entity accessing or using the Services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website and/or the Company, as the context so requires.
The term ‘Products’ shall mean and refer to those items listed for sale on the Website.
The term ‘Seller’ shall mean and refer to any User who wishes to list his/her Product for sale on the Website.
The term ‘Buyer’ shall mean and refer to any User who wishes to purchase any Product for sale on the Website.
The terms ‘Party’ & ‘Parties ‘shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
The use of the Website by the User is solely governed by these Terms as well as the Privacy Policy (“Policy”, available on the website). Visiting the home page of the Website and/or using any of the Services (collectively, such Services, Software and the Site, collectively, the "Service(s)"), provided on the Website shall be deemed to signify the User’s unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same.
The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.

ELGIBILITY

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.

TERM

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:

The User continues to access and use the Website; or
The Transaction between the Parties, if any, concludes to the satisfaction of both Parties.

TERMINATION

The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Products and Services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Section 4 herein above.

CONTENT

The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only. Reliance on any information appearing on the Website, whether provided by Company, independent professionals/experts, visitors to the Website or others, is solely at the user’s own risk. BY USING THE WEBSITE, YOU AGREE TO USE THE WEBSITE FOR THE INTENDED INFORMATION AND COMMUNICATION PURPOSES ONLY AND PARTICULARLY NOT FOR ANY MEDICAL PURPOSES. ANY INFORMATION SHARED BY THE INDEPENDENT PROFESSIONALS/EXPERTS ON THE WEBSITE SHOULD NOT BE MISCONSTRUED AS MEDICAL ADVICE, PRESCRIPTIONS, OR DIAGNOSES AND THE USER AGREES TO CONSULT A MEDICAL EXPERT/ MEDICAL PROFESSIONAL/ MEDICAL PRACTITIONER IN CASE OF ANY INDIVIDUAL HEALTH ISSUES.

The user may be able to link from the Website to third party sites and third party sites may link to the site (“linked sites”). The user acknowledges and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through linked sites. Links to linked sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code or other materials presented on or through such sites. The inclusion of any link to such sites on our Website does not imply Company’s endorsement, sponsorship, or recommendation of that site. Company disclaim any liability for links (1) from another site to this Website and (2) to another site from this Website. We cannot guarantee the standards of any site to which links are provided on this Website, nor will be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party site are accurate, compliant with applicable law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked site. Any reliance on the contents of a third party site is done at the user’s own risk and the user assumes all responsibilities and consequences resulting from such reliance.

SERVICES

The Company provides an opportunity to the user to purchase its services through various service plans.

All services/service plans and information displayed on the Website constitute an "invitation to offer". Request for booking of any service plan by a user shall constitute an "offer" which shall be subject to the terms and conditions as detailed in this Agreement and the relevant service plan. The Company may accept or reject user’s offer in its sole discretion which cannot be contested by the user.

User can purchase a service plan as detailed under the Website or email us at help@aapkilathi.com or call us at 99677 97391.

Once the request is placed it is an express intention to purchase Company’s services as per the service plans and the same may not be cancelled except as provided hereunder.

Based on the information provided by the user and subject to the Company’s verification of the same, the requests will be accepted by the Company for processing and the same will be confirmed via e-mail.

All requests will be processed once the Company receives the payment for the service as detailed under the service plan.

The prices for services are described on the Website and are incorporated into these terms by reference. All prices are in Indian rupees and are exclusive of applicable tax. The prices, products and services are subject to change at the Company’s discretion.

In the event of any inadvertent mistake by the Company in quoting the price of a service plan, the Company will notify the user of the error before the payment is processed. The User will then have the choice to either accept the correct price or to cancel its request.

The Company accepts online payment via Credit Card, Debit Card and Net Banking. The user is solely responsible for all charges owed for all goods and services booked and/or purchased through the Website. The products and services of the Company can be purchased by a user by one time lump sum payment or through easy monthly installments as provided in the Website.

The user agrees, understands, confirms and states that the card details provided by the user to transact on the Website will be correct, accurate and is owned by the user. In the event user uses a card belonging to any third party, then, user confirms that user has been authorized to or expressly permitted by such third party to use the card for making payments. The liability for use of a card fraudulently will solely be on the user and the onus to 'prove otherwise' shall be exclusively on the user.

User shall be solely responsible for compliance of all applicable laws for making payments to Company. In addition to all other remedies available under law and equity and as detailed under this Agreement, the Company reserves the right to recover any and all costs, expenses, charges, damages of any nature whatsoever, from any user using the Website fraudulently. Further, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these T and C

COMMUNICATION

By using this Website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from us at any time with the use of the contact information that has been provided by you for the use of this website which are subject to the Privacy Policy. This includes contacting you through information received through other parties. This consent to be contacted is for purposes that include and are not limited to clarification, marketing and promotional calls, e-mails and messages. In case you wish to stop being contacted by us for the same, you may send us an e-mail to the effect at help@aapkilathi.com.

You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this documents and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.

The sharing of the information provided by you will governed by the Privacy Policy and We will not give out your contact information to third parties not connected with the Website.

REGISTRATION

Some areas of the website may require you to register to use certain services. When and if you register, you agree to (a) provide accurate, current and complete information about yourself as prompted by the registration form (including your email address); and (b) maintain and update your information (including your email address) to keep it accurate, current and complete, as applicable. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, Aapkilathi Technologies reserves the right to terminate this Agreement and your use of the Site.

As part of the registration process, you may be asked to select a username and password. Aapkilathi Technologies Private Limited may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by Aapkilathi Technologies Private Limited in its sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the website to any third party. If you have reason to believe that your account with Aapkilathi Technologies Private Limited is no longer secure, you must immediately notify Aapkilathi Technologies Private Limited of the problem by contacting us. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases, as applicable) that are conducted through your account.

CHARGES

The membership of this website is free of cost and this includes the browsing of the site and the use of the services. You would only have to pay for the products purchased. However, we reserve the right to amend this no-fee policy and charge for any or all services rendered. In a case that such happens, users will be intimated of the same when they try to access the website, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.

INTELLECTUAL PROPERTY RIGHTS

The trademarks, logos and service marks or any other right associated with intellectual property displayed on the Website shall be the property of Company and/or its affiliates, as the case maybe or respective third parties. The user is not permitted to use the same.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company has the license into the trademark ‘’AAPKILATHI with slogan "happify elders’’ and ‘‘ala’’, and Company and/or its affiliates, as the case maybe owns all intellectual property rights to and the Website including, without limitation, any and all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, trade secrets, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The user acknowledges and agrees that he/ she/ it shall not use, reproduce or distribute any content from the Website belonging to Company and/or its affiliates.

The users agree and acknowledge that any infringement of the intellectual property rights of Company and/or its affiliates will result in legal action against the user.

Company respects the intellectual property of others, and we ask our users to do the same. Company has no responsibility for content on other Websites linked to the Website that you may find or access. It is Company's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Company and/or others.

SECURITY

Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway, which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with

USER OBLIGATIONS

Usage of Website

The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:

is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company.
agrees not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website, as detailed in Section 12 herein below.
The User acknowledges and agrees that by accessing or using the Website or any of the Services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that the Products/Services displayed on the Website are not owned by the Company/Website, and that the same are the exclusive property of certain third parties who have chosen to market their Products through the Company’s Website, and that the Company/Website is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.

USER OBLIGATIONS

Further undertakes not to:

Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
Engage in any activity that interferes with or disrupts access to the Website or the Services provided therein (or the servers and networks which are connected to the Website);
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
Collect or store data about other users of the Website.
Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
Violate any code of conduct or guideline which may be applicable for or to any particular product or Service offered on the Website;
Violate any applicable laws, rules or regulations currently in force within or outside India;
Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
Publish, post, or disseminate information that is false, inaccurate or misleading;
Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
Commit any act that causes the Company to lose (in whole or in part) the Services of its internet Service provider ("ISP") or in any manner disrupts the Services of any other supplier/Service provider of the Company/Website;
Engage in advertising to, or solicitation of, other users of the Website to buy or sell any Products or Services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the expresses prior written consent of the Company.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:

If the User is in breach any of these Terms or other policies of the Website;
If the User has provided wrong, inaccurate, incomplete or incorrect information;
If the User’s actions may cause any harm, damage or loss to the other users or to the Website/Company, at the sole discretion of the Company.

INDEMNITY AND LIMITATIONS

The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfillment of any of the User’s obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of Service by other subscribers, or the infringement of any other rights of a third party.

In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the Products, Services or materials contained therein.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

JURISDICTION

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of Maharashtra, India, and that the Courts at Mumbai shall have exclusive jurisdiction over any disputes arising between the Parties.

NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due/Speed Post Acknowledgement Due (RPAD / SPAD)

SEVERABILITY

If any provision/sections of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/sections of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

ENTIRE AGREEMENT

These terms and conditions, together with our privacy, disclaimer and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.