APPLICABILITY OF THE AGREEMENT
This agreement ("user agreement") incorporates the terms and conditions for Octopolis Technologies Pvt. Ltd. and its brand ApnaKlub and registered properties named apnaklub.com and ApnaKlub Partner Program to provide services to the person (s) ("the User") intending to purchase or inquiring for any products and/or services of ApnaKlub by using apnaklub.com's websites, apps or using any other customer interface channels of ApnaKlub which includes its salespersons, offices, call centres, advertisements, information campaigns etc. The terms ApnaKlub and apnaklub.com can be used interchangeably. Both User and ApnaKlub are individually referred to as 'party' to the agreement and collectively referred to as 'parties'.
SECTION 1 - USER'S RESPONSIBILITY OF COGNIZANCE
The Users availing services from apnaklub.com shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by apnaklub.com for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or apnaklub.com with respect to any services to be provided by apnaklub.com shall be restricted to the scope of this agreement.
apnaklub.com reserves the right, in its sole discretion, to terminate the access to any or all apnaklub.com websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever.
In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by apnaklub.com. Such TOS will be provided/ updated by apnaklub.com which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User. Additionally, the service aggregators themselves may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service aggregators with whom the User elects to deal, including terms and conditions set forth in a Service aggregators' fare rules, contract of carriage or other rules.
apnaklub.com's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If The User does not agree with any part of such terms, conditions and notices, the User must not avail apnaklub.com's Services.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other apnaklub.com document, then these terms shall control.
SECTION 2 - THIRD PARTY ACCOUNT INFORMATION
By using the Account Access service in apnaklub.com's websites, apps and other interfaces, the User authorizes apnaklub.com and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information. While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify ApnaKlub immediately in writing of any unauthorized use of their password or account or any other breach of security. Octopolis Technologies Pvt Ltd and all its properties will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time.
ApnaKlub further confirms its integration with Whatsapp Business and therefore User agrees fully to the terms of Whatsapp legal terms as being defined in https://www.whatsapp.com/legal/business-policy.
SECTION 3 - CONFIDENTIALITY
Any information which is specifically mentioned by apnaklub.com as Confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.
SECTION 4 - WEBSITE AND MOBILE APP USAGE
Your use of any information or materials on the website and mobile app is entirely at your own risk, for which apnaklub.com shall not undertake any liability. It shall be your own accountability to ensure that any products, services or information available through our website or application, meet your explicit specifications.
SECTION 5 - USAGE OF THE MOBILE NUMBER OF THE USER BY apnaklub.com
apnaklub.com may send order confirmations, product/service information, cancellations, payment confirmations, refund statuses, schedule changes or any such other information relevant for the transactions, via SMS or by voice call on the contact number given by the User as and when required; apnaklub.com may also contact the User by voice call, SMS or email in case the User couldn't or hasn't concluded the order, for any reason what so ever, to know the preference of the User for concluding the purchase and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS and/ or voice call by apnaklub.com is (a) upon the request and authorization of the User, (b) "transactional" and not an "unsolicited commercial communication" as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
The User will indemnify apnaklub.com against all types of losses and damages incurred by apnaklub.com due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on apnaklub.com with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
SECTION 6 - ONUS OF THE USER
ApnaKlub is responsible only for the transactions that are done by the User through apnaklub.com’s platforms(Websites and Applications). ApnaKlub will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
The accuracy of the data and orders have to be cross verified by the user. The user warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
SECTION 7 - INSURANCE
Unless explicitly provided by ApnaKlub in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and ApnaKlub doesn't accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service/ product by ApnaKlub shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and ApnaKlub shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
SECTION 8 - FORCE MAJURE CIRCUMSTANCES
The user agrees that there can be exceptional circumstances where the service operators and third party vendors may be unable to honour the confirmed orders due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, route blocks etc. If ApnaKlub is informed in advance of such situations where dishonour of commitments may happen, it will make its best efforts to provide a similar alternative to its customers or refund the order amount after reasonable service charges, if supported and refunded by that respective service operator. The user agrees that ApnaKlub shall not be responsible for any such circumstances.
ApnaKlub shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, warehouses or transporters end. In such an event, the user affected will be promptly given notice as the situation permits.
Without prejudice to whatever is stated above, the maximum liability on part of ApnaKlub arising under any circumstances, in respect of any services offered, shall be limited to the refund of the total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case, the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by apnaklub.com for its services.
In no event shall apnaklub.com and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the apnaklub.com website(s), application(s) or any other channel. Neither shall apnaklub.com be responsible for the delay or inability to use the apnaklub.com websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the apnaklub.com website(s), or otherwise arising out of the use of the apnaklub.com website(s), whether based on contract, tort, negligence, strict liability or otherwise. apnaklub.com is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
SECTION 9 - SAFETY OF DATA DOWNLOADED
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Nevertheless, apnaklub.com will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.
SECTION 10 - FEEDBACK FROM CUSTOMER AND SOLICITATION
SECTION 11 - PROPRIETARY RIGHTS
ApnaKlub and apnaklub.com may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
The User may use this material only as expressly authorized by apnaklub.com and shall not copy, transmit or create derivative works of such material without express authorization.
The User acknowledges and agrees that he/she shall not upload, post, reproduce, or distribute any content on or through the Services that are protected by copyright or another proprietary right of a third party, without obtaining the written permission of the owner of such right.
Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
SECTION 12 - INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless ApnaKlub, apnaklub.com and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by ApnaKlub and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
The user shall be solely and exclusively liable for any breach of any country-specific rules and regulations or general code of conduct and apnaklub.com cannot be held responsible for the same.
SECTION 13 - RIGHTS TO REFUSE
apnaklub.com at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by apnaklub.com is not complete until full money towards the service is received from the customer and accepted by apnaklub.com.
Without prejudice to the other remedies available to apnaklub.com under this agreement, the TOS or under applicable law, apnaklub.com may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
apnaklub.com may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with apnaklub.com or use the website in any manner whatsoever until such time that the user is reinstated by apnaklub.com.
Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, apnaklub.com reserves the right to recover any amounts due and owing by the user to apnaklub.com and/or the service provider and to take strict legal action as apnaklub.com deems necessary.
SECTION 14 - RIGHT TO CANCELLATION IN CASE OF INVALID USER INFORMATION
The User expressly undertakes to provide to apnaklub.com only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services fromapnaklub.com.
In case apnaklub.com discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, apnaklub.com in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the orders, etc. without any prior intimation to the User. In such an event, apnaklub.com shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of orders or services.
The User unequivocally indemnifies apnaklub.com of any such claim or liability and shall not hold apnaklub.com responsible for any loss or damage arising out of measures taken by apnaklub.com for safeguarding its own interest and that of its genuine customers. This would also include apnaklub.com denying/cancelling any orders on account of suspected fraud transactions.
SECTION 15 - SEVERABILITY
If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
SECTION 16 ESTIMATED DELIVERY TIMELINES
The pin codes that are served are subject to change without prior notice
Estimated Delivery TAT (LMHC+1)
NE States,UP,Bihar,Uttarkhand,Punjab,Himachal Pradesh
Rest of India
We strive to cater to these timelines in majority of cases. However due to unforeseen circumstances and external factors outside of our control, the timelines might vary
SECTION 17 - HEADINGS
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of apnaklub.com Websites or its partner websites or any provision hereof in any manner whatsoever.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular apnaklub.com website, then these terms shall control.
SECTION 18 - RELATIONSHIP
None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of apnaklub.com Websites or its partner websites, shall be deemed to constitute a partnership between the User and apnaklub.com and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
SECTION 19 - UPDATION OF THE INFORMATION BY apnaklub.com
The user acknowledges that apnaklub.com provides services with reasonable diligence and care. It endeavours its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the apnaklub.com websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as apnaklub.com notices them. Changes are/may be periodically made/added to the information provided such. apnaklub.com may make improvements and/or changes in the apnaklub.com websites at any time without any notice to the User. Any advice received except through an authorized representative of apnaklub.com via the apnaklub.com websites should not be relied upon for any decisions.
apnaklub.com reserves the right to change the terms, conditions, and notices under which the apnaklub.com websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
SECTION 21 - JURISDICTION
apnaklub.com hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. apnaklub.com considers itself and intends to be subject to the jurisdiction only of the courts of Bengaluru, India.
SECTION 22 - RESPONSIBILTIES OF USER VIS-A-VIS THE AGREEMENT
The User expressly agrees that use of the services is at their sole risk. To the extent apnaklub.com acts only as a Point of Contact/Key Account Manager/ Order Agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall apnaklub.com be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. apnaklub.com may change the features or functionality of the services at any time, in their sole discretion, without notice. apnaklub.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from apnaklub.com or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the apnaklub.com pages or otherwise use any of the contents, pages, information or any other material provided by apnaklub.com. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying apnaklub.com in writing.