Terms and Conditions
By Downloading, accessing and/or using the (aphra.in) hereinafter called ‘Website’ or ‘Application’, you are agreeing to be bound by these Terms and Conditions and all applicable laws and regulations and their compliance as mandated by the relevant Judicial authority as stated in these Terms and Conditions. If you disagree with any of the hereunder mentioned terms and conditions, you are prohibited from using or accessing this Application/Website. The data, graphics and other intellectual properties contained in this website are secured by relevant copyright and trademark law.
The Website/Application is maintained by Aphra Commercial Enterprises Pvt Ltd. and all rights are reserved by the aforesaid company.
2 License of Use
A) ”Aphra Commercial Enterprises Pvt Ltd.” hereinafter called ACEPL, by way of these Terms and Conditions grants you only a limited license to access and make personal use of the Website/Application. This licence does not include any permit for the resale and/or commercial use of this Website/Application or its contents; any collection and use of either product listings, descriptions, any adapted use of this Website/Application or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools. This is the just a permit for use of the Website/Application and not an exchange of title, and so under this permit, you may not:
modify or copy the content and materials such as but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, in this Website/Application.
use the materials for any commercial use, or for any public presentation (business or non-business).
remove any copyright or other restrictive documentations from the content and materials on the Website/Application.
transfer the content and materials of the Website/Application to any other entity and may not even “mirror” the materials on any other server without the express and explicit consent from the ACEPL.
B) This Website/Application [part or whole, including but not limited to any copyrighted material, trademarks, or other proprietary information] may not be reproduced, duplicated, copied, sold, resold, distributed or otherwise exploited for any commercial purpose without express written consent of the ACEPL.
C) This permit of use might consequently be terminated if you disregard any of these confinements and may be revoked by the ACEPL whenever deemed fit without any prior notice to you. After permit termination or when your viewing permit is terminated, you agree to destroy any downloaded materials of or from the Website/Application in your ownership whether in electronic or printed form.
We reserve all rights not expressly granted to you.
3 Information and Terms of Usage
A) The content and materials on the Website/Application are provided after doing a detailed study of the said matter with the intention of having essentially accurate information for the user. However, ACEPL makes no guarantees, communicated or suggested about the accuracy, currency, validity and usability of the content provided and thus renounces and nullifies every other warranty, including without impediment, inferred guarantees or states of merchantability, fitnesses the information for a specific reason, or non-encroachment of licensed property or other infringement of rights.
B) ACEPL, may make third party information and other content available on or through the Website/Application (the “Third Party Content”) as a service to those users interested in this information and we may provide information regarding or access to third party products or services available on or through the Website/Application (“Third Party Products”) without any prior notice. Your dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. The Owner does not control, endorse or adopt the liability of any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that ABEPL is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. The use of such Third Party Content contained therein is solely at the risk of the user.
4 User Data
In consideration of your use of the Website/Application, you agree to:
A) Provide accurate, current and complete information about you as may be prompted by the relevant sign-in or request form on the Website/Application. (“Input Data”);
B) Accept all risks of unauthorized access to the Input Data and any other information you provide.
5 User-Generated Content added to the Website/Application.
You may add, store and record any textual information in the Comments feature. The information has been posted by you and hence you alone shall be legally responsible for the content generated or added by you in the Website/Application. We expect you to follow and maintain acceptable conduct while posting any data to the Website/Application, including but not limited to the below. You agree to not add information that:
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.
- infringes any patent, copyright or trademark.
- violates any law for the time being in force.
- deceives or misleads others.
- impersonates another person.
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
On no occasion should the ACEPL or its suppliers/contractors be made subject for any harms (including, without constraint, harms for loss of information or benefit, or because of business interference) emerging out of the utilization or powerlessness to utilize the materials on the Website/Application, regardless of the possibility that the ABEPL or its representatives have been told orally or in writing of the likelihood of such harm. Since a few purviews don’t permit constraints on inferred guarantees, or impediments of obligation for weighty or coincidental harms, these confinements may not make a difference to you.
7 Copyright, Authors’ Rights and Database Rights
All content included on the Website/Application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the ACEPL and/or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws. The compilation of all content on this Website/Application is the exclusive property of ACEPL and its affiliates and/or subsidiaries and is protected by laws of India and international copyright and database right laws. All software used on this Website/Application is the property of the ACEPL, its affiliates or its software suppliers and is protected by India and international copyright and authors’ right laws.
8 Amendments to data.
ACEPL tries to ensure the accuracy of the content in the Website/Application but does not provide any guarantee to the accuracy, currency, completeness and/or authenticity of the content which may even incorporate typographical or photographic mistakes. ABEPL may roll out improvements and or alterations and changes, including a complete overhaul of the content on the Website/Application whenever deemed necessary by it, without prior notification to the user.
ACEPL may incorporate links to Third-party Websites either for add-on services or as advertisements. ACEPL makes no claim or representation regarding and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by from the Website/Application. Such sites are not under the control of ACEPL and ACEPL is not responsible for the contents of any linked site or any link contained in a linked site, or any content, any payment related links, review, changes or updates to such sites. The inclusion of any link to any Third-Party website and/or application does not imply affiliation, endorsement or adoption by ABEPL for any of it, nor to any information contained therein. When you leave the Website/Application, you are deemed to be aware of going out of the purview of the Terms and Conditions. You should review the applicable terms and policies, including privacy and data gathering practices, of any site and/or application to which you navigate from the Website/Application. You are prohibited from placing any link to the Third-Party content on the Website/Application.
10 Terms of Modifications
By utilizing this Website/Application you are consenting to be bound by the then current form of these Terms and Conditions. ACEPL reserves the right to change, partially or completely, modify, alter, expand and/or redact any of the terms and conditions contained in the Terms and Conditions or any policy, guideline, specifications of the Website/Application, at any time and in its sole discretion without any prior notice to either the user or any other authority. Any such changes, modification, alteration, addition or expansion so made to the Terms and Conditions shall be effective immediately upon posting of the revisions on the Website/Application, and by accessing the same thereafter, you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website/Application following the posting of changes, alterations, modifications, addition and expansion will confirm your acceptance of such changes or modifications even with or without the explicit re-conformation of the acceptance of the new Terms and Conditions by you. Therefore, it is deemed that you frequently review, understand and accept the Terms and Conditions and applicable policies from time-to-time. If you do not agree to the amended terms, you must stop using the Website/Application with immediate effect.
11 Indemnity and Release
A) You shall indemnify and hold harmless ACEPL and/or its content providers, affiliates, subsidiaries and their respective officers, proprietors, agents and employees, from any claim or demand, or actions including but not limited to, reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
B) You hereby expressly release ACEPL and/or its content providers, affiliates, subsidiaries and their respective officers, proprietors, agents and employees from any cost, damage, liability and/or other consequence of any of the actions/inactions of the vendors and/or Third-party associates and specifically waiver any claims or demands or disputes, both civil and criminal, that you may have in this behalf under any statute, contract or otherwise.
12 Governing Law
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.