Terms and Conditions

Last updated on January 10,2019

Introduction and Terms of Use

The terms and conditions contained herein after (“TERMS OF USE”) shall apply to the use of the domain name aadhaarapi.io and any other linked pages, features, content or application services (including but without limitation to any mobile application services) offered from time to time by the Company (“COMPANY” or “WE” or “OUR” or “US” or “AADHAARAPI“) (collectively, “WEBSITE“).

Any person using the Website (even when such person does not avail of any services provided in the Website (“SERVICES”) (“USER” or “YOU”) shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately provided on the Website) and unconditionally accepted the terms and conditions set out herein and this constitutes a binding and enforceable agreement between the User and aadhaarapi. These Terms of Use does not alter in any way the terms or conditions of any other written agreement you may have with aadhaarapi for other services.

Please read the terms set out hereunder carefully before agreeing to the same. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Website. You can accept the Terms of Use by:

  • Agree to the Terms of Use, where this option is made available to you by aadhaarapi in the Proposal for any particular Service; or
  • Accessing or actually using the Services. In this case, you understand and agree that aadhaarapi will treat your use of the Services as acceptance of the Terms of Use from that point onwards.

For the purpose of these Terms of Use, wherever the context so requires, the term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of herself or any other legal entity.

It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read in conjunction. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Website.

The Terms of Use may be revised or altered by us at our sole discretion at any time without any prior intimation to the User. The latest Terms of Use will be posted here. Any such changes by aadhaarapi will be effective immediately. By continuing to use this Website or access/ usage of our Services after changes are made, you agree to be bound by the revised/ amended Terms of Use. You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction that may be applicable to you in connection with your business and use of our Services.

Provision of the Services

being offered by aadhaarapi is constantly evolving in order to provide the best possible experience and information for its Users. You acknowledge and agree that the form and nature of the Services which aadhaarapi provides may change from time to time without any prior notice to you.

As part of this continuing process, you acknowledge and agree that aadhaarapi may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at aadhaarapi’s sole discretion, without any prior notice. You need to specifically inform aadhaarapi when you stop using the Services.

You acknowledge and agree that if aadhaarapi disabled access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account and aadhaarapi shall intimate to you regarding the same.

aadhaarapi reserves the right to delete your User information stored in your account including but not limited to all or any personal information or any sensitive personal data or information (“SPDI”) stored in your User account. Alternately, a User may notify us if they do not wish that we retain or use the personal information. However, in such a case, we may not be able to provide you some or all of our Services.

You acknowledge and agree that while aadhaarapi may not currently have set a fixed upper limit on the number of transmissions and amount involved in the transactions you may send or receive through the Services, such fixed upper limits may be set by aadhaarapi at any time, solely at aadhaarapi’s discretion.

By using our Services you agree that aadhaarapi disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. aadhaarapi reserves the right to make changes and corrections to any part of the content of this Website at any time without any prior notice. Unless stated otherwise, all pictures and information contained on this Website are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock. Please contact the support by an e-mail if you are the copyright owner of any content on this Website and you think the use of the above material violates the terms of the applicable copyright law in any manner. In your request, please indicate the exact URL of the webpage to enable us to locate the same. We will endeavour to address your concerns and take necessary steps, if required. Please note that all images displayed in the Website have been digitised by aadhaarapi. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the prior written permission of aadhaarapi.

Use of the Services by User

In order to access certain Services, you may be required to contact with aadhaarapi  and providing information about yourself (such as identification or contact details) as part of the registration process (“REGISTRATION DATA”) for the Services, or as part of your continued use of the Services. You agree that any Registration Data you give to aadhaarapi will always be accurate, correct, complete and up to date. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is not in accordance with the Terms of Use (whether wholly or in part), we reserve the right to reject your registration and/ or indefinitely suspend or terminate your User account and to refuse to provide you access to the Website. Further, you agree to indemnify and keep us indemnified from and against all claims resulting from the use of any detail/ information/ Registration Data that you post and/ or supply to us. We shall be entitled to remove any such detail/ information/ Registration Data posted by you without any prior intimation to you.

In order to ensure that we are not violating any right that you might have in your Registration Data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data that you have supplied to us.

You understand and undertake that you shall be solely responsible for the Registration Data and the User content and undertake neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:

  • belongs to another person and to which you do not have any right to
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, 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
  • harms minors in any way
  • infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world
  • violates any law for the time being in force
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
  • impersonates another person
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
  • 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 to any other nation
  • is illegal in any other way.

You agree and understand that aadhaarapi reserves the right to remove and/or edit such detail / information. If you come across any information as mentioned above on the Website, immediately contact our Grievance officer.

You agree to use the Services only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree to use the data owned by aadhaarapi (as available on the Website or through any other means like API etc) only for personal purposes and not for any commercial use unless agreed to with aadhaarapi in writing.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) on this Website.

Unless you have been specifically permitted to do so in a separate agreement with aadhaarapi, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

You agree that you are solely responsible for (and that aadhaarapi has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which aadhaarapi may suffer) of any such breach. You further agree to the use of your data in accordance with the Privacy Policy.

aadhaarapi may share any Content generated by the User or their Registration Data with governmental agencies who are lawfully authorised for investigative, protective, cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences under any law for the time being in force.

Eligibility

Any person who is above 18 (eighteen) years of age and competent to contract under the applicable laws is eligible to access or visit the Website or avail the Services displayed therein. Your use or access of the Website shall be treated as your representation that you are competent to contract and if you are registering as a business entity, that you represent and warrant that you have the authority to bind such business entity to the Terms of Use. Without generality of the foregoing, use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act 1872.

The User represents and warrants that it will be financially responsible for all of User’s usage (including the purchase of any Service) and access of the Website. The User shall also be responsible for use of User’s account by others. The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.

The User represents and warrants that it will be financially responsible for all of User’s usage (including the purchase of any Service) and access of the Website. The User shall also be responsible for use of User’s account by others. The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.

Content in the Services

For purposes of these Terms of Use, the term “CONTENT” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Services.

You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to aadhaarapi (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by aadhaarapi or by the owners of that Content, in writing and in a separate agreement.

aadhaarapi reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

aadhaarapi reserves the right to moderate, publish, re-publish, and use all User generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favorites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. aadhaarapi is not liable to pay royalty to any User for re-publishing any content across any of its platforms.

If you submit any material on the Website, you agree thereby to grant aadhaarapi the right to use, moderate, publish any such work worldwide for any of its product(s), whether owned or affiliated.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

You agree that you are solely responsible for (and that aadhaarapi has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which aadhaarapi may suffer) by doing so.

Proprietary Rights

You acknowledge and agree that aadhaarapi (or aadhaarapi’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by aadhaarapi and that you shall not disclose such information without aadhaarapi’s prior written consent.

Unless you have agreed otherwise in writing with aadhaarapi, nothing in the Terms of Use gives you a right to use any of aadhaarapi’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

Unless you have been expressly authorized to do so in writing by aadhaarapi, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.

Exclusion of Warranties

Nothing in these terms, including sections 7 and 8, shall exclude or limit aadhaarapi’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an “as is” and “as available” basis.

  • In particular, aadhaarapi, its parent company, subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
  • The information or Contents provided on the Website will be accurate, complete and updated;
  • Your use of the Services will meet your requirements;
  • Your use of the Services will be uninterrupted, timely, secure or free from error;
  • Any information obtained by you as a result of your use of the Services will be accurate or reliable, and
  • That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from aadhaarapi or from the use of Services shall create any warranty not expressly stated in the terms.

aadhaarapi further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

Limitation of Liability

Subject to overall provision stated above, you expressly understand and agree that aadhaarapi, its parent company, subsidiaries and affiliates, and its licensors shall not be liable to you for:

  • Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;
  • Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services;
  • The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
  • Your failure to provide aadhaarapi with accurate Registration Data; or
  • Your failure to keep your password or account details secure and confidential.

The limitations on aadhaarapi’s liability to you shall apply whether or not aadhaarapi has been advised of or should have been aware of the possibility of any such losses arising.

The total liability of aadhaarapi under all circumstances, for any proven claim, demand etc of whatsoever nature, shall not exceed the Fees actually paid by the seller to aadhaarapi during the period of 1(one) week immediately preceding the date of such proven claim/ demand.

Advertising

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

The manner, mode and extent of advertising by aadhaarapi on the Services are subject to change without any specific notice to you.

In consideration for aadhaarapi granting you access to and use of the Services, you agree that aadhaarapi may place such advertising on the Services.

Settlements

In consideration of the Services rendered by us, you shall pay aadhaarapi charges of services. aadhaarapi reserves the right to revise the Charges periodically and we will intimate you of any such change within reasonable time. On receipt of the payments in the Nodal Account, we will endeavour to instruct the partner bank(s) to transmit the payments payable to the seller, after deducting our Fee, from the Nodal Account to the seller’s designated bank account, within 3 (three) bank working days (or such other period as may be prescribed by the Reserve Bank of India from time to time) from completion of transaction. Subject to any other provisions of these Terms of Use and completion of transaction, the seller acknowledges that we will settle the payments only upon actual receipt of payments in the Nodal Account and upon reconciliation of the payments by the Acquiring Banks, our payment gateway and the partner bank(s). The seller will bear and be responsible and liable for the payment of all relevant taxes in relation to the payments made under these Terms of Use.

Sellers receive the amount (minus our Fee) in their bank account within T+3 bank working days where T is defined as the date of intimation of the completion of the transaction.

Once a payment is authenticated by payment service providers, money is moved to our Nodal Account and the first settlement is initiated only after all required documents are received by aadhaarapi.

aadhaarapi shall be entitled to recover from the sellers, from time to time, any amounts due from it or incurred by aadhaarapi on account of the following, unless the same are caused on account of negligence, act or omission of aadhaarapi or its employees, officers etc.:

Chargeback of Transactions

Any penalty or charge which may be levied on aadhaarapi by its partner bank(s) or the clearing house i.e. Reserve Bank of India or its local clearing agent (as the case may be) arising, inter alia, for:

excessive Chargeback of transactions or excessive failure of transactions or excessive buyer disputes and/or any other reason

any amount due to aadhaarapi from sellers

If there are reasonable grounds to suspect that a transaction has been conducted in breach of this Terms of Use or in violation of any applicable laws or as a fraudulent transaction against the partner bank(s) or any buyer, the partner bank(s) shall be entitled to suspend or withhold the payments of the buyer that are due to the seller, pending enquiries by the partner bank(s) and till the resolution of such issues.

If any of the issues stated in this Clause 12 (Settlements) are caused by or on behalf of the sellers, sellers shall indemnify and hold harmless aadhaarapi against any such claims made by the partner bank(s), or the buyer, as the case may be. aadhaarapi shall also have the rights to block any future payments in this regard.

In case of an occurrence of a Chargeback event, aadhaarapi shall be entitled to withhold the settlements to the sellers, pending enquiries by the partner bank(s) or any regulatory body, as the case may be, till the resolution of such issues. aadhaarapi shall also have the right to block any future payments to the sellers in this regard until all the issues relating to the Chargeback event(s) are resolve

Transaction Disputes

Chargeback is an approved and settled transaction that the partner bank(s), upon receiving a chargeback request from the buyer, reverses to the buyer, subject to the seller being unable to provide an explanation along with documentary evidence to the satisfaction of the partner bank(s) as to why the chargeback request should be rejected or the seller agreeing to such chargeback (“CHARGEBACK”).

Transactions may be disputed at anytime up to 180 (one hundred eighty) days from the date of transaction by the buyers as per the Card Association Rules. In the event of rejection/ suspension of payments to the seller, Chargebacks, refunds and/or any other dispute relating to the transactions contemplated under these Terms of Use (“DISPUTED TRANSACTION“), on any grounds whatsoever, we will forthwith notify the seller of the same.

On such notification the seller will conduct an internal review of such matter and will, within 5 (five) working days from receipt of notification, revert to us in writing either:

providing us with a statement explaining how the Disputed Transaction is not warranted, together with all documentary evidence in support of contesting such Disputed Transaction.

In the event that the seller provides a Refund Request to us or fails to contest such Disputed Transaction within the aforesaid 5 (five) working days or contests Disputed Transaction without providing supporting documentation to ours, payment service providers, Card Association and/ or issuing institution’s satisfaction, we will be entitled to recover the Refund Monies from credits subsequently made to the Nodal Account with respect to payments made by the seller’s buyers.

In the event that we are unable to recover the Refund Monies as aforesaid, due to the amounts credited to the Nodal Account being lower than the Refund Monies, we will deduct the remaining Refund Monies from the interest free, refundable funds provided and replenished by you to aadhaarapi from time to time (“SECURITY DEPOSIT”) and/ or set-off the remaining Refund Monies against the future payables to the seller and refund the same to the respective buyers. The seller will be liable to make payment of the Refund Monies or part thereof which has not been recovered by us forthwith. It is hereby agreed and acknowledged by the parties that the Fees charged by us in respect of the Disputed Transaction will not be refunded or repaid by us to the seller, buyer or any other person.

In the event either party issues a notice of termination to other party, aadhaarapi reserves the right to withhold settlements towards sellers relating to such transactions which have not been settled as on the date of termination notice for a period of 180 (one hundred eighty) days (“WITHHOLDING TERM”). Parties agree that aadhaarapi shall withhold such amount for the purpose of settlement of any Chargeback, refund and/or any other claim which may be raised by the buyer, post termination notice to these Terms. aadhaarapi hereby undertakes that all outstanding dues (if any) will be settled in favour of the sellers after the expiration of Withholding Term subject to resolution of any Chargeback, refund and/or any claim by buyers, as the case may be.

Technical Issues & Delivery Policy

In case of any technical issues, You can also contact us on +91 9958716321  in case of urgent matters.

Governing Law, Settlement of Disputes and Jurisdiction

These Terms of Use and any dispute or claim arising under it will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of these Terms of Use or in connection with these Terms of Use may be brought exclusively in the competent courts/ tribunals having jurisdiction in Bengaluru in India and irrevocably submit themselves to the jurisdiction of such courts/ tribunals.

Privacy

Your privacy is extremely important to us. Upon acceptance of these Terms of Use you confirm that you have read, understood and unequivocally accepted our Privacy Policy.

Complaints and Grievance Redressal

Any complaints or concerns with regards to content of this Website or comment or breach of these Terms of Use or any intellectual property of any User shall be immediately informed to the designated Grievance Officer as mentioned below in writing or through email signed with electronic signature.

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