Terms & Conditions
Last updated: January 5th, 2017
ACCEPTANCE OF TERMS AND CONDITIONS
User Accounts: In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to APJ PRO certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method (either a credit card or accepted payment partner) at the time of making payment. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or APJ PRO's termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by APJ PRO in writing, you may only possess one Account.
Territory: The Website or mobile application and the Services and any purchase are directed solely at those who access the Website from the Republic of India. APJ PRO makes no representation that Service (or any goods or services) are available or otherwise suitable for use outside the Republic of India. If you choose to access the Website or mobile application (or use the Service or make a purchase) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
Website and/or Mobile Application: APJ PRO provides an interactive online service owned and operated by APJ PRO through the Website on the World Wide Web of the Internet (the “Web” or “Internet”) and its mobile application, consisting of information services, content and transaction capabilities provided by APJ PRO, its holding company and its associates, if any, with whom it has business relationships (“Business Associates”) including but not limited to third parties that provide services in relation to creation, production or distribution of content for the Website or mobile application (“Third Party Content Providers”), third parties that provide advertising services to APJ PRO (“Third Party Advertisers”) and third parties that perform function on behalf of APJ PRO like sending out and distributing our administrative and promotional emails and text messages (“Third Party Service Providers”).
Right to Transfer: The right to use this Website or mobile application is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of User’s password(s), if any. User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of APJ PRO, and APJ PRO shall not be responsible for any data lost while transmitting information on the Internet.
Not on Uninterrupted Basis: While it is APJ PRO’s objective to make the Website or mobile application accessible at all times, the Website or mobile application may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of APJ PRO, access to the Website or mobile application may be interrupted, suspended or terminated from time to time. APJ PRO reserves the right, in its sole discretion, to terminate the access to any or all APJ PRO website(s) and the related services or any portion thereof at any time, without notice. APJ PRO shall also have the right at any time to change or discontinue any aspect or feature of the Website or mobile application, including, but not limited to, content, graphics, Offers, settings, hours of availability and equipment needed for access or use. Further, APJ PRO may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
User’s Responsibility: The Services and use of the website or mobile application do not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, you will require Internet connectivity and appropriate telecommunication links. The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of this Website or mobile application and all charges related thereto. APJ PRO shall not be liable for any damages to the User’s equipment resulting from the use of this Website or mobile application.
Restrictions: The User undertakes without limitation, not to use or permit anyone else to use the Service or Website or mobile application:
to upload, send or receive any information for which you have not obtained all necessary license and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);
to intercept or attempt to intercept any communications transmitted by way of a telecommunication system;
- for a purpose other than which we have designed them or intended them to be used;
- for any fraudulent purposes.
- in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
to upload, send or receive any material, which is not civil or tasteful.
to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;
to cause annoyance, inconvenience or needless anxiety.
Forbidden uses: The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
resell the Services or Site;
furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
execute any form of network monitoring which will intercept data not intended for you;
send unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
create or forward "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
send malicious email, including flooding a user or site with very large or numerous emails;
enter into fraudulent interactions or transactions with us, a Seller or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;
use in an unauthorized manner, or forge, mail header information;
engage in any unlawful or criminal activity in connection with the use of the Services and/or the Site or any Voucher; or
copy or use any User Content for any commercial purposes.
APJ PRO reserves the right to prevent you from using the Website (or mobile application) and the Service (or any part of thereof) and to prevent you from making any purchase, if your conduct is found to be in question or contravention of such Terms as mentioned above or in this Agreement.
PURCHASE AND SALE OF PRODUCTS AND/OR SERVICES
APJ PRO takes no responsibility for the services and/or products for which APJ PRO Vouchers may be redeemed. Further, APJ PRO makes no warranty to the Users for the quality, safety, usability, or another aspect of the product or service for which the APJ PRO Voucher may be redeemed.
Some services for which APJ PRO Voucher(s) can be redeemed are activities that involve potential bodily harm (such as different forms of adventure sports and activities.), and for those activities APJ PRO takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing the services for which the APJ PRO Voucher can be redeemed.
For more information see APJ PRO’s Terms of Sale.
APJ PRO may, in APJ PRO's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that APJ PRO establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by APJ PRO; (iii) may be disabled by APJ PRO at any time for any reason without liability to APJ PRO; (iv) may only be used pursuant to the specific terms that APJ PRO establishes for such Promo Code; (v) are not valid for cash; vi) may expire prior to your use; and vii) unless otherwise specified cannot be used more than once. APJ PRO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that APJ PRO determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
INTELLECTUAL PROPERTY RIGHTS
APJ PRO grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by APJ PRO. All Intellectual Property Rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the Website or mobile application and Service, (subject to the Title & Ownership Rights as mentioned below) information content on the Website or mobile application or accessed as part of the Service, any database operated by us and all the Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.
None of the material listed in the clause above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print / save one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website or mobile application without our permission.
“APJ PRO”, the APJ PRO Logos and variations thereof found on the website or mobile application are trademarks owned by APJ PRO and all use of these marks inures to the benefit of APJ PRO. All rights (including goodwill and, where relevant, trade marks) in APJ PRO’s name are owned by us (or our licensors). Other product and company names mentioned on the Website or mobile application is the trade marks or registered trade marks of their respective owners.
The title, Ownership Rights and Intellectual Property Rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
Subject to the Clause below, any material you transmit or post or submit to the Website or mobile application (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation or such legislation which provides for protection of electronic data under Indian Laws. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website or mobile application; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
The User expressly agrees that use of the Website or mobile application is at the User’s sole risk. Neither APJ PRO, its holding or subsidiaries, Business Associates nor any of their respective employees, agents, and third party content providers warrant that use of the Website or mobile application will be uninterrupted or error-free; nor do they make any warranty as to (i) the results that may be obtained from use of this Website or mobile application, or (ii) the accuracy, reliability or content of any information, service or merchandise provided through the Website or mobile application.
The Website or mobile application are made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
We do not give any warranty that the Services or the Website or mobile application are free from viruses or anything else which may have a harmful effect on any technology.
We reserve the right to change, modify substitute, suspend or remove without notice any information or Voucher or service from the Website or mobile application forming part of the Service from time to time. Your access to the Website or mobile application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependant on your browser or other third party software to operate. For the avoidance of doubt, we may also withdraw any information or Voucher from the Website or Services at any time.
We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of this Agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The User specifically acknowledges that APJ PRO is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
In no event shall APJ PRO, or any Business Associates, Third Party Content Providers, Third Party Advertisers or Third Party Service Providers, producing or distributing the Website or the contents hereof, mobile application and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or mobile application. The User hereby acknowledges that the provisions of this Clause shall apply to all content on the Website and mobile application.
In addition to the terms set forth above, neither APJ PRO, nor its subsidiaries and Business Associates, Third Party Service Providers or Third Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total Offer price paid or payable to you under this Agreement.
APJ PRO shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
APJ PRO shall have the right, but not the obligation, to monitor the content of the Website or mobile application at all times, including any chat rooms and forums that may hereinafter be included as part of the Website or mobile application, to determine compliance with this Agreement and any operating rules established by APJ PRO, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, APJ PRO shall have the right to remove any material that APJ PRO, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
By posting communications on or through this Website or mobile application, the User shall be deemed to have granted to APJ PRO, a royalty-free, perpetual, irrevocable & non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
The User agrees to defend, indemnify and hold harmless APJ PRO, its subsidiaries and Business Associates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of (i) the use of this Website and/or the mobile application by the User; (ii) the use of the Voucher; (iii) the use of the Service or Website or mobile application through your password; or (iv) any breach of this Agreement by you.
APJ PRO may terminate this Agreement at any time. Without limiting the foregoing, APJ PRO shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which APJ PRO, in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement.
One User can have only one Account with a unique e-mail ID and unique phone number. If APJ PRO has any suspicion or knowledge that any of its Users have created multiple Accounts with different e-mail addresses or phone numbers (including but not limited to account creation by using false names or providing misleading data for creating those Accounts or using disposable email addresses or disposable phone numbers) to generate additional cash back credits or misuse or take undue advantage of the promotional benefits being provided on the APJ PRO Platform, then APJ PRO may while reserving its rights to initiate civil and/or criminal proceedings against such User may also at its sole discretion terminate, suspend, block, restrict, cancel the Account of such User and/or disqualify that User and any related Users from availing the services ordered or undue benefits availed through these accounts.
All such provisions wherein the context so requires, including Clauses on Intellectual Property Rights, Disclaimer of Warranty, Limitation of Liability, License Grant, Indemnification and Termination above will survive termination of this Agreement.
Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
THIRD PARTY CONTENT
APJ PRO, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, APJ PRO has does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Third Party Content Providers, or any other Users are those of the respective author(s) or distributors and not of APJ PRO.
Neither APJ PRO nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to the Clause for ‘Disclaimer of Warranty, Limitation of Liability’ above for the complete provisions governing limitation of liabilities and disclaimers of warranty).
In many instances, the content available through this Website or mobile application represents the opinions and judgments of the respective information provider, User, or other users not under contract with APJ PRO. APJ PRO neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized APJ PRO employee/spokespersons while acting in official capacities.
Under no circumstances will APJ PRO be liable for any loss or damage caused by User’s reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available through the Website.
The Website contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by APJ PRO of the contents on such third-party websites and APJ PRO hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If the User decides to access linked third-party websites, the User does so at his/her own risk.
Unless you have executed a written agreement with APJ PRO expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. APJ PRO reserves the right to revoke its consent to any link at any time in its sole discretion.
APJ PRO may place advertisements in different locations on the Website and at different points during use of the Service. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
You are free to select or click on advertised goods and services or not as you see fit.
Any advertisements may be delivered on our behalf by a Third Party Advertiser.
Without prejudice to any other provision herein, APJ PRO shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond APJ PRO’s control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of APJ PRO’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.
No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall be of no legal force or effect.
If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
All provisions of this Agreement apply equally to and are for the benefit of APJ PRO, it subsidiaries, any holding companies of APJ PRO, its (for their) affiliated and it (or their) Third Party Content Providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
APJ PRO's headquarters are in Delhi, India. Legal issues arising out of, but not exclusive to the use of, this Website or mobile application (unless otherwise specifically stated) are governed by and in accordance with the laws of India (exclusive of its rules regarding conflicts of laws) and the parties shall submit to the exclusive jurisdiction of the Courts in Delhi.
PRODUCTS/SERVICES TAKE DOWN POLICY: REPORTING VIOLATION OF INFRINGEMENT
We want to list the products and services of genuine sellers on our website or mobile application in order to ensure that infringing products are removed from the site, as they affect your and genuine Seller’s valuable trust.
We do not and cannot verify if the Sellers have the right or ability to sell or distribute their listed products or services. However, we are committed to removing any infringing or unlicensed product or service once an authorized representative of the rights owner properly reports them to us. We sincerely want to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. We have the ability to identify and request removal of allegedly infringing products and materials. Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by-products listed on APJ PRO is encouraged to report the same to the Grievance Officer.