Please read these conditions carefully before using Appline's Mobile Application owned & run / operated by ‘Appline Technologies LLP’ (“LLP”), a LLP duly incorporated in India (collectively, hereinafter referred to as the “Mobile Application”), which is an “Online Intermediary’ in accordance with the meaning of “Intermediary” envisaged under Section 2(w) of the Information Technology Act, 2000, as amended from time to time (“Online Intermediary”). Further, for the purposes of clarity, it is hereby being stated that the Mobile Application is not engaged in any form of e-commerce business and is merely an Online Intermediary (defined above). The details of the Mobile Application as an Online Intermediary have been provided under Clause 'Nature of Mobile Application' of these ‘terms and conditions’ (“Terms”). These Terms govern your access to and use of the Mobile Application(s) that link to or reference these Terms.
These Terms are an electronic record in terms of Information Technology Act, 2000 and rules (“IT Act”) there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. By merely using or browsing on the Mobile Application, you signify your agreement to be bound by these Terms.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
For the purpose of these Terms, wherever the context so requires "You" or "User" or "Seller" shall mean any natural or legal person who has browsed or agreed to become a seller/ service provider on the Mobile Application by providing Registration Data while registering on the Mobile Application as Registered User through a mobile system.
The term "We", "Us", "Our" shall mean the Mobile Application owned and operated by the LLP in India and/or its affiliates.
The headings are for convenience only and shall not affect interpretation of terms and conditions.
Eligibility of Membership
Use of the Mobile Application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Mobile Application. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Mobile Application and shall not transact on or use the Mobile Application.
As a minor if you wish to use or transact on Mobile Application, such use or transaction may be made by your legal guardian or parents on the Mobile Application. We reserve the right to terminate your membership and / or refuse to provide you with access to the Mobile Application if it is discovered by us that you are under the age of 18 years.
Nature of Mobile Application
Please note that this Mobile Application is an Online Intermediary listing products or services in India of various merchants (i.e. the "Seller/Service Provider") and qualifies as an "Intermediary" within the meaning of an "Intermediary" envisaged under Section 2(w) of the IT Act. Hence, the Mobile Application shall comply with all rules and regulations of an "Intermediary" envisaged under Section 2(w) of the Information Technology Act, 2000 and rules framed there under.
However, without prejudice to the foregoing, the LLP wishes to clarify that as it is an Online Intermediary, therefore, any services being rendered through this Mobile Application should not be construed as engaging in the business of "E-Commerce" in India. In light of the foregoing, the LLP wishes to clarify the following:
a) The Mobile Application is merely an "Intermediary" envisaged under Section 2(w) of the Information Technology Act, 2000, which merely lists the products or services to be sold by the seller/ service provider/you who register with the Mobile Application but does not own the products or services per se. Hence, the limited role of the Mobile Application is to connect the 'customer/buyer' and the 'seller/ service provider'/ You .
b) In light of the foregoing, you agree that any liability in relation to the products or services being sold on the Mobile Application in accordance with the applicable laws ("products or services Liability") would be of the 'seller/ service provider/you' and in case of any deficiency of goods / products or services, and customer/buyer will pursue any such actions against the 'seller/ service provider/you' and not the Mobile Application / LLP.
c) You further agree and acknowledge that the Mobile Application is only a facilitator / intermediary and is not and cannot be a party to or control in any manner any transactions on the Mobile Application. Accordingly, the contract of sale of products or services on the Mobile Application shall be a strictly bipartite contract between customer/buyer and the 'seller/ service provider/you' listed on the Mobile Application.
d) Seller/ service provider/You further agree and acknowledge that all the 'discounts / coupons (if any)' on the Mobile Application / prices at which the products or services are being sold by seller/ service provider/you on the Mobile Application is merely an "invitation to an offer" in accordance with the Indian Contract Act, 1872 and shall not be construed to be an "offer" in accordance with the Indian Contract Act, 1872. Hence, in light of the foregoing, when customer/buyer agree to purchase any product or service of the 'seller/ service provider/you' listed on the Mobile Application, that would be termed as an 'valid offer' under the Indian Contract Act, 1872 and after doing so it is upon the 'seller/ service provider/you' to accept the said 'valid offer' or reject the 'valid offer'. In this regard, note that if the 'seller/ service provider/you' accepts the said 'valid offer', then only it would tantamount to be a 'valid contract' as per the Indian Contract Act, 1872.
Your correspondence or business dealings with, or participation in promotions of, seller/ service providers found on or through the App, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such seller/ service providers. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such seller/ service providers on the App.
In the event You, wish to be a registered User, You will be required to share your personal details to access the Mobile Application by registering on our Mobile Application. You agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile to prevent unauthorized access to your account when you use this Mobile Application.
The Mobile Application grants you a limited sub-license to access and make personal use of the content therein and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the LLP.
You agree to accept responsibility for all activities that occur under your account or password.
You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
This license does not include any resale or commercial use of this Mobile Application or its contents; any collection and use of any products or services listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Mobile Application or any portion of this Mobile Application may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the LLP.
The LLP reserves the right to refuse access to its Mobile Application, terminate accounts, remove or edit content at any time without notice if we have reasonable belief that your account is being used for unauthorized purposes.
You shall solely be responsible for maintaining the necessary mobile equipment and Internet connections that may be required to access, use and transact on the Mobile Application.
You agree, undertake and confirm that Your use of App shall be strictly governed by the following binding principles: You shall not host, display, upload, modify, publish, transmit, update or share any information which:
a) belongs to another person and to which You does not have any right to;
b) 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 whatever; 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;
c) is misleading in any way;
d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
e) harasses or advocates harassment of another person;
f) involves the transmission of 'junk mail', 'chain letters', or unsolicited mass mailing or 'spamming';
g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
i) promotes an illegal or unauthorized copy of another person's copyrighted work (see 'Copyright complaint' below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page;
k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
m) contains video, photographs, or images of another person (with a minor or an adult).
n) tries to gain unauthorized access or exceeds the scope of authorized access to the App or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the App or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
q) interferes with another user's use and enjoyment of the App or any other individual's User and enjoyment of similar services;
s) harm minors in any way;
t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
u) violates any law for the time being in force;
v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
w) impersonate another person;
x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
y) 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.
z) shall be false, inaccurate or misleading;
aa) shall directly or indirectly, offer, attempt to offer, trade or attempt to trade in any products, 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.
bb) shall create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ('ISPs') or other suppliers;
You shall not use any program, algorithm or methodology, or any similar or equivalent manual process, to copy or in any way reproduce or circumvent the navigational structure or presentation of the Content on the App,, to obtain or attempt to obtain any data or information about the App or the Content through any means other than that which has been purposely made available through the App. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App, by hacking, password 'mining' or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the App or any network connected to the App nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to App, or any other customer/buyer/seller/ service provider, including any account on the App not owned by You, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the App.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Appline, Goappline, Goappline.com, Goappline.in, Appline.in or otherwise engage in any conduct or action that might tarnish the image or reputation, of Appline or seller/ service providers on platform or otherwise tarnish or dilute any Appline's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App or Appline's systems or networks, or any systems or networks connected to Appline.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any transaction being conducted on the App, or with any other person's use of the App.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the App or any service offered on or through the App. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity or access the App through another user's account, unless authorized to do so.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in a products or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
Warranties for working of App
This Mobile Application, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this Mobile Application are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.
Without prejudice to the forgoing paragraph, Mobile Application does not warrant that:
a) This Mobile Application will be constantly available, or available at all; or
b) The information on this Mobile Application is complete, true, accurate or non-misleading.
The Mobile Application / LLP (as the case may be) will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Mobile Application. The Mobile Application / LLP (as the case may be) does not warrant that its site; information, content, materials, product (including software) or services included on or otherwise made available to you through the Mobile Application; their servers; or electronic communication sent from us are free of viruses or other harmful components, despite our best efforts to prevent these incidents.
You will be required to enter a valid phone number while placing an order on the Mobile Application. By registering your phone number with us, you consent to be contacted by us via phone calls and/or sms notifications, in case of any order or shipment or feedback or delivery related updates.
Mobile Application may suspend, cancel or terminate your account registered with us, with or without notices, if we believe in good faith that (a) that you breach any of these Terms and other policies.
Intellectual Property Rights:
Content included on the Mobile Application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mobile Application / LLP and is protected by India and international copyright, authors' rights and database right laws. The compilation of all the content on this Mobile Application is the exclusive property of Mobile Application / LLP and is protected by laws of India and international copyright and database right laws. All software used on this Mobile Application is the property of Mobile Application, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
You may not systematically extract/ or re-utilise parts of the contents of the Mobile Application without LLP's express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Mobile Application, without LLP's Mobile Application express written consent. You may also not create and/ or publish your own database that features substantial (e.g.: prices and products or services listings) parts of this Mobile Application without LLP's Mobile Application express written consent.
Our Trademarks at various Jurisdictions and you cannot use the trademark for commercially exploiting your interests without our express permission. We reserve our right to initiate legal proceedings if we discover any IPR infringement or passing off.
We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, contact the Grievance Officer (details enclosed below )
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Address: Appline Technologies LLP,
Durga Apartment, 2nd Floor, Sathe wada,
Dr Ansari Chowk, Kalyan (W) -421301,
Mail id - email@example.com
Contact No - 9833345725
(hereinafter referred to as the “Grievance Officer”)
In this regard, please note that the Grievance Officer may be contacted by You for any grievance that you may have while using the services of the Mobile Application.
Reviews, Feedback, Submissions
All reviews, comments, feedback, suggestions, ideas, screenshots and other submissions disclosed, submitted or offered on the Mobile Application or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the "Comments") shall be and remain the property of the LLP. Such disclosure, submission or offer of any Comments shall constitute an assignment to the LLP of all rights, titles and interests in all copyrights and other intellectual properties in the Comments.
The LLP will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
You hereby agree that while writing reviews/feedbacks/submissions, submitting screenshots, you shall not violate any condition of our Terms or any applicable policy and would not engage in the following:
a) Writing a fake review, trading reviews with other businesses, or compensating someone or being compensated to write a review;
b) Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right;
c) Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
d) Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Mobile Application search results or any third party website;
e) Solicit personal information from minors, or submit or transmit pornography; or violate any applicable law.
Contents Of Mobile Application
LLP and its licensees' may publicly display advertisements and other information adjacent to or included with Your Content. The LLP takes no warranties on the content of such advertisements. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. Here, "Content" means text, images, photos, audio, music, video, and all other forms of data or communication. "Your/User Content" means Content that you submit or transmit to, through, or in connection with the service, such as videos, commentary, ratings, reviews, invitations, messages, and information that you publicly display or displayed in your account profile.
The listing description of the products or services must not be misleading and must describe actual condition of the products or services. If the products or services description does not match the actual condition of the products or services, you agree to refund any amounts that you may have received from the customer/buyer. You agree not to list a single products or services across various categories on the App. Appline reserves the right to delete such multiple listings of the same products or services listed by you in various categories.
Return & Refund, Cancellation, Prices
The LLP takes no responsibility for the products or services sold by you to customer/buyers on Mobile Application. Items once sold cannot be returned, monitored through the LLP. We encourage you to inform particular customer/buyer about your returns and refund policy before making a sell to customer/buyers.
However, if we suspect any fraudulent transaction by any User or any transaction, which defies the Terms of using the Mobile Application, we at our sole discretion reserve the right to cancel such orders. We may maintain a negative list of all fraudulent transactions and Users and will deny access to them or cancel any orders dealt by them.
Subscription/Listing fees or any amount paid by you to Appline is non-refundable, under any circumstances.
While availing any of the payment method/s available on the Mobile Application, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to any of the following:
a) Lack of authorization for any transaction/s; or
b) Exceeding the preset limit mutually agreed by You and between "Bank/s"; or
c) Any payment issues arising out of the transaction; or
d) Decline of transaction for any other reason/s.
All payments made against the purchases/services on Mobile Application by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Mobile Application will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Mobile Application.
Please note that:
a) Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between You and customer/buyer and payment facility is merely used by the You and customer/buyer to facilitate the completion of the transaction. Use of the payment facility shall not render the LLP liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Mobile Application.
b) You have specifically authorized the Mobile Application or its service providers to collect, process, facilitate and remit payments and / or the transaction price electronically or through cash on delivery to and from other Users in respect of transactions through payment facility. Your relationship with Mobile Application is on a principal to principal basis and by accepting these Terms you agree that Mobile Application is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Mobile Application that are paid for by using the payment facility. Mobile Application does not guarantee the identity of any User nor does it ensure that a User, customer/buyer will complete a transaction.
c) You understand, accept and agree that the payment facility provided by Mobile Application is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash On delivery, collection and remittance facility for the transactions on the Mobile Application using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing payment facility, Mobile Application is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the seller/ service provider and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between seller/ service provider and the respective Issuing Bank.
Indemnity and Release
You shall indemnify and hold harmless LLP / Mobile Application, its subsidiaries, affiliates and their respective officers, partners, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party, or your use of and access to the Appline service.
You hereby expressly release Mobile Application/ the LLP or any of its affiliates or officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the customer/buyers/third party and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
You are, and shall remain, responsible for the Data/contents you maintain, Transactions you enter and use of app by you and you agree to indemnify the LLP and its affiliates against all claims, loss and liabilities resulting from any Data you maintain, Transactions you enter and use of app by you. Further, any reliance placed on Data/contents maintained and Transactions carried on Mobile Application by a third party shall be at your sole risk and expense.
You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the LLP and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
Further, any reliance placed on Comments available on the Mobile Application from a third party shall be at your sole risk and expense. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss when you commenced using the Mobile Application.
It is possible that, other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the App and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the App, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the App You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the App.
We, seller/ service providers or any third party advertisers may display advertisements/contents and promotions on the Our Mobile Application. The manner, mode and extent of advertising by Us on the Mobile Application are subject to change. By clicking on any advertisements/content you may leave the Mobile Application and be directed to an external application/website, or to an application/website maintained by an entity other than our Mobile Application. If you decide to visit any such website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We make no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.
We make no warranty or representation regarding the merchantability, fitness for particular purpose, availability, efficacy, reliability, durability of any product or service advertised on the Licensed Application.
Limitation of liability
Neither LLP Nor Any Of Its partners, Employees, Agents, Licensors Or Merchants Mobile Application Will Be Liable For Any Damages Of Any Kind, Including Without Limitation Direct, Indirect, Incidental, Punitive, And Consequential Damages, Arising Out Of Or In Connection With The Terms, The Mobile Application, The Services, The Transaction Processing Service, The Inability To Use The Services Or The Transaction Processing Service, Or Those Resulting From Any Services Purchased Or Obtained Or Messages Received Or Transactions Entered Into Through The Services Beyond The Value Of Sum Received By Us From Vendor with whom you have carried out The Last Transaction Through The Mobile Application or Rs 10,000, whichever is less.
Governing law, Jurisdiction & Dispute Resolution
These Terms 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. In the event of a dispute, the LLP and User shall be make all endeavours to reach an amicable settlement, if the dispute remains unresolved 15 (fifteen) days from when the dispute first arose, the LLP and the User shall opt for Arbitration under the Arbitration and Conciliation Act 1996 ("Act"), by appointing a sole Arbitrator in accordance with the Act. The Proceedings shall be conducted in English and the held in Mumbai.
Amendment/Modification without prior notice
The Mobile Application reserves the right to modify these Terms at any time with or without any further notice(s) by uploading the revised Terms on the Mobile Application and it is Your duty to keep itself aware of the revisions to the Terms of the Mobile Application.
Appline prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on seller/ service provider pages and all other areas of the App that another User may view. If the profane words are part of a title for the products or services being sold, we allow seller/ service providers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:
Report offensive Display Names
Report offensive language in a listing or otherwise
If a feedback comment; or any communication made between Users on the App; or email communication between Users in relation to transactions conducted on App contain profanity, please submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
Appline will consider the circumstances of an alleged policy violation and the user's trading records before taking action.
Violations of this policy may result in Account suspension.
The Parties acknowledge and accept that electronic format shall be deemed an acceptable means of communication for the purposes of these Terms. Here, Parties means the User and the LLP.
When you use the Mobile Application or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required.
You grant us the right to communicate with you by email or by such other mode of communication, electronic or otherwise.
These Terms constitutes the complete and entire agreement between the Parties on the subject of 'terms of usage of the Mobile Application' (save and except the other policies) and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the Parties to these Terms.
If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall no effect the other provisions of these Terms, which shall remain in full force an effect.
In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.