TERMS OF SERVICE AGREEMENT
LAST REVISION: [1st May 2018]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, (www.apnacake.com), apnacake.com offer list of products on this Website, or your purchase of products by using apnacake.com website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. apnacake team reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. apnacake will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. apnacake encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with ExpandNext Operations Services Pvt. Ltd for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
- SERVICE TERMS
Terms of Offer. This Website does not offer any sale of products (the “Products”). apnacake acts as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Website. By listing a product or products on this website using apnacake.com or apnacake Application, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct apnacake sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations apnacake and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
- You may use the opt out link found in any email solicitation that you may receive
- You may also choose to opt out, via sending your email address to: [email protected]
- You may send a written remove request to [email protected]
Proprietary Rights – apnacake™ is a property of ExpandNext Operations Services Private Limited, an Indian Company registered under the Companies Act, 2013.
- WEBSITE TERMS
apnacake is a free online classified. We act as a place to allow the user who comply with these Terms to offer, sell, and buy products and services listed on the Website. Although you may be able to conduct payment (in future) and other transactions through the Website, using third-party vendors such as Paytm and PayPal, apnacake is not in any way in involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that apnacake is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk.
Use of Website: apnacake is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from apnacake or the applicable third party (if third party content is at issue).
Posting: By posting, storing, or transmitting any content on the Website, you hereby grant apnacake a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. apnacake does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. apnacake is not liable for any damage or harm resulting from any posts by or interactions between users. apnacake reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content apnacake deems objectionable.
apnacake may provide a video service to you if you upload photographs for your ad. By uploading your photographs, you irrevocably consent to the use of your photographs for this service and represent and warrant that you have all right, title and interest necessary to upload and use the photographs on this service. Under this service, using a third party application or service, apnacake may, at its discretion, create a video of your photographs, upload the video via www.youtube.com or another third party service provider, as determined by apnacake at its discretion, and embed the video into your ad on apnacake .
apnacake may charge a fee to post Content in some areas of the Service. The fee permits certain Content to be posted in a designated area of the Website. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms
THIRD PARTY POSTING AGENTS
THIRD PARTY AGENTS or third party posting agents refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. apnacake prohibits the use of such Agents (THIRD PARTY AGENTS), directly or indirectly, without the consent or permission by apnacake. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from apnacake. Third Party advertisers need to contact apnacake at [email protected]
STANDARDS APPLICABLE TO THE CONTENT OF ADVERTISEMENTS AND NOTICES
These standards apply to all advertisements, notices and announcements booked via the apnacake website.
You must comply with these standards. If these standards are not complied by, your advertisement, announcement or notice will be rejected and cancelled. No refund or compensation will be available for advertisements, announcements and notices rejected on the grounds of standard of content.
The content of all advertisements, notices and announcements must:
- Be accurate
- Be genuine
- Comply with applicable law in INDIA and any country from which they ate posted
- Comply with advertising and/or promotional regulations in force in both INDIA and any country from which they are posted
Advertisements, notices and announcements booked must NOT: –
- Contain any material which is defamatory of any person
- Contain any material which is obscene, offensive, hateful or inflammatory
- Promote or contain sexually explicit material / PORNOGRAPHIC
- Promote or contain violence/ violent content
- Promote or contain discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- Infringe any copyright, database right or trademark of any other person
- Be likely to deceive any person
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
- Promote or involve illegal activity
- Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
- Be likely to harass, upset, embarrass alarm or annoy any other person
- Be used to impersonate any person or to misrepresent your identity or affiliation with any person
- Give the impression that they emanate from us, if this is not the case
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
- Contain goods/items/services/information that is or could be described as:
o Pornographic, obscene or erotic
o Betting tickets
o Cigarettes or tobacco products
Please be aware that this list is not exhaustive or complete and may be added to or otherwise amended at any time. In additional we reserve the right to refuse any advertisement, announcement or notice in categories not listed above, if they appear, in our complete discretion, to be unsuitable for whatever reason.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND THE SERVICE / PRODUCTS IS/ ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW apnacake, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. apnacake MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. apnacake DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND apnacake WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL apnacake , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF apnacake HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE apnacake SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT apnacake SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by apnacake . apnacake makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
You will release, indemnify, defend and hold harmless, apnacake and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to apnacake. When apnacake is threatened with suit or sued by a third party, apnacake may seek written assurances from you concerning your promise to indemnify apnacake ; your failure to provide such assurances may be considered by apnacake to be a material breach of this Agreement. apnacake will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of apnacake choice at its expense. apnacake will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend apnacake against any claim, but you must receive apnacake prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
- AGREEMENT TO BE BOUND
By using this Website or ordering CAKE Products as listed by sellers, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. apnacake will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. apnacake may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and Product Listings.
This Agreement comprises the entire agreement between you and apnacake and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of apnacake to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Bengaluru. This Website originates from the Bengaluru/Bangalore, Karnataka. This Agreement will be governed by the laws of the State of Karnataka without regard to its conflict of law principles to the contrary. Neither you nor apnacake will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Karnataka. By using this Website or ordering Products listed by sellers or third party business, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services/Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination – apnacake reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and apnacake may, in its sole discretion and without advance notice to you, cancel any transaction services or products listed. If your access to the Website is terminated, apnacake reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until apnacake chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use: apnacake makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment – You may not assign your rights and obligations under this Agreement to anyone. apnacake may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING LISTED PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.