Terms of service
Terms & Conditions for www.apnaghharana.com
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES PROVIDED BY THE WEBSITE SHALL IMPLY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
This Terms of Use (“Terms” or “Terms and Conditions”) of the Website, www.apnaghharana.com (“Website”), between Apna Ghharana (“Company” or “Apna Ghharana”) and Users of the Website (“User” or “You” or “Your”) describes the Terms of Use on which Apna Ghharana offers You access to this Website.
Apna Ghharana reserves the right to change or revise the Terms at any time by posting changes or a revised Terms of Use on this Website, including by way of imposing any charge for access to or use of the Website. Apna Ghharana will alert the User that changes or revisions have been made by indicating on the top of this Terms of Use the date it was last revised. The changed or revised Terms will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes will constitute Your acceptance of the revised Terms. Apna Ghharana encourages You to review the Terms whenever You visit the Website to make sure You understand the Terms governing the use of the Website. If You do not agree to the Terms, please immediately terminate Your use of the Website.
Website Use
All products, services, and information displayed on the Website constitute an “invitation to offer.” Your order constitutes Your “offer,” which shall be subject to the Terms as listed here. Apna Ghharana reserves the right to accept or reject Your offer. If You have supplied us with Your e-mail address, we will notify You by e-mail as soon as possible to confirm receipt of Your order. Our acceptance of Your order will take place upon dispatch of the product(s) ordered. No act or omission of Apna Ghharana prior to the actual dispatch of the product(s) ordered will constitute Apna Ghharana’s acceptance of Your offer.
By accessing the Website, you warrant and represent to Apna Ghharana that you are legally entitled to do so and to make use of the information made available via the Website. Products and services are not available to minors. If You are below 18 years of age, You may use the Website only with the involvement of a parent or guardian. It shall be Your responsibility to ensure that You are of legal age to form a binding contract and are not barred under the laws applicable in India.
Apna Ghharana retains the right to deny access to the Website to any new User(s) or terminate access granted to any existing User(s) at any time for any reason, without providing any explanation.
You are responsible for maintaining the necessary computer equipment and Internet connection that may be required to access, use, and transact on the Website.
License
By using this Website, You are granted a limited, non-exclusive, non-transferable right to the information on the Website in connection with Your personal, non-commercial use of the Website. You may not copy, modify, reproduce, transmit, distribute, or create derivative works of such Content or information without express written authorization from Apna Ghharana. In addition, You may not remove any copyright or other proprietary notices on any of the materials available on the Website.
Intellectual Property Rights
The trademarks, names, logos, and service marks (collectively “Trademarks”) displayed on the Website are owned and controlled by Apna Ghharana or licensed by third parties. Nothing contained on this Website should be construed as granting any license or right to use any Trademark without the prior written permission of Apna Ghharana or the relevant third-party.
All content on this Website, including but not limited to text, images, illustrations, graphics, icons, artwork, audio clips, video clips, databases, hyperlinks, and meta tags, including the design, structure, arrangement, user interface, visual interface, and source code (collectively “Content”), is protected by copyrights, trademarks, patents, and other intellectual property rights owned and controlled by Apna Ghharana or by third parties that have licensed their material to us.
The Content is solely for Your personal, non-commercial use. You must not copy, modify, reproduce, republish, upload, post, transmit, or distribute such Content in any way, including by e-mail or other electronic means, whether directly or indirectly, and You must not assist any other person to do so.
Without the prior written consent of Apna Ghharana, using the Content on any other website or networked computer environment or for any purpose other than personal, non-commercial use is a violation of copyrights, trademarks, and other proprietary rights and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is considered commercial use under this clause.
Apna Ghharana welcomes hypertext links to this Website. You may establish a hypertext link, provided that the link does not state or imply sponsorship or endorsement of Your Website by Apna Ghharana. You must not use any Trademarks, logos, or other Content from this Website without express written consent from Apna Ghharana. You must not frame or incorporate any Content into another Website without prior written consent.
Apna Ghharana respects the intellectual property of others. If You believe Your work has been copied in a way that constitutes an Intellectual Property Rights infringement, please address a complaint to apnaghharana@gmail.com
Disclaimer of Warranty and Liability
Apna Ghharana makes no warranties, representations, statements, or guarantees (whether express, implied in law, or residual) regarding the Website. This Website, all Content, and products and services (including but not limited to software), included on or otherwise made available to You through this Website are provided by Apna Ghharana “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice, Apna Ghharana does not warrant that this Website will be constantly available or available at all, or that the Content on this Website is complete, true, accurate, or non-misleading. Apna Ghharana will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, this Website. Apna Ghharana does not warrant that this Website, Content, information, materials, product (including software) or services included on or otherwise made available to You through this Website, servers, or electronic communication sent from Apna Ghharana are free of virus or other harmful components. Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
Apna Ghharana shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury, or expense of any nature whatsoever which may be suffered by You or any third-party (including Your Company), as a result of or which may be attributable, directly or indirectly, to Your access and use of the Website, any Content contained on the Website, and Your or Your Company’s personal information or material transmitted over Apna Ghharana’s system. Apna Ghharana shall not be liable in any way to You or to any other person or Company whatsoever for any loss, liability, damage (whether direct, indirect, or consequential), personal injury, or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
You agree to indemnify, defend, and hold harmless Apna Ghharana from and against any and all losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Apna Ghharana that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant, or agreement made or obligation to be performed by You pursuant to these Terms or any additional Terms applicable to the purchase of the products and services on the Website.
In no event shall Apna Ghharana, its directors, employees, officers, partners, or vendors be liable to You or any third-party for any special, incidental, direct, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, or whether or not Apna Ghharana has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services on the Website. Notwithstanding anything to the contrary, Apna Ghharana’s entire liability to You under the Terms or otherwise shall be the refund of the money charged from You, under which the unlikely liability arises.
Apna Ghharana shall not be liable for any third-party information, products, services, or links. The advertisements available on e-mail from Apna Ghharana or the Website with respect to any third-party information, website, links, or products and services are for information purposes only.
The User understands and agrees that any Content or otherwise obtained through the Website 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 Content.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You may have additional rights. All the products and services sold on the Website are governed by different state laws and if the Website is unable to deliver such products due to different state law implications, Apna Ghharana will return or give credit for the amount received by Apna Ghharana from the sale of such products and services that could not be delivered to You. It is Your responsibility to ensure that the products purchased on this Website are not restricted in Your home state. Apna Ghharana shall not be responsible for any non-compliance with regard to the local state laws.
The exclusions and limitations in this section apply to the maximum extent permitted by applicable law.
User Account
Apna Ghharana may make available the products and services only if You have provided Apna Ghharana with certain required User information and created an account by completing the Website registration form. You will make all reasonable efforts to ensure that the information provided by You in the Website registration form is complete, accurate, and up-to-date. Use of another User’s account information for availing the products and services on the Website is expressly prohibited.
You agree that any use on the Website is at Your own risk and Apna Ghharana is not responsible for it. You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree to immediately notify Apna Ghharana of any unauthorized use of Your account information or any other breach of security and ensure that You exit from Your account at the end of each session on the Website. You may be held liable for losses incurred by Apna Ghharana or any other User of or visitor to the Website due to authorized or unauthorized use of Your account as a result of Your failure in keeping Your account information secure and confidential.
“Your Information” is defined as any information you provide to us in the registration, buying, or listing process, in the feedback area or through any e-mail feature. We will protect Your Information in accordance with our Privacy Policy. Apna Ghharana has the right to indefinitely suspend or terminate Your membership and refuse to provide You with access to the Website at any time.
If You provide any information that is or becomes untrue, inaccurate, not current, or incomplete, or Apna Ghharana has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Apna Ghharana has the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion of the Website).
User Content
You are responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials or information posted or transmitted to the Website. By posting, storing, or transmitting any Content on the Website, You hereby grant Apna Ghharana a perpetual, worldwide, non-exclusive, royalty-free, assignable right and license to use, copy, display, perform, create derivative works from, distribute, transmit, and assign such Content in any form (in whole or in part), in all media now known or hereinafter created, anywhere in the world. You also permit any other User to access, view, store, or reproduce Your Content for their personal use.
You shall not upload Content on the Website that is protected by copyright, trademark, or other proprietary rights without the express permission of the owner of that copyright, trademark, or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission.
Apna Ghharana does not have the ability to control the nature of the User-generated Content on the Website. You are solely responsible for Your interactions with other Users of the Website and any Content You post. Apna Ghharana is not liable for any damage or harm resulting from any posts by or interactions between Users. Apna Ghharana reserves the right, but has no obligation, to monitor interactions between Users and to remove any Content Apna Ghharana deems objectionable.
Any feedback You provide on this Website shall be deemed non-confidential. Apna Ghharana shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that Your feedback does not contain proprietary or confidential information of You or of third parties. Apna Ghharana is not under any obligation of confidentiality, express or implied, with respect to the feedback, and You are not entitled to any compensation or reimbursement of any kind from Apna Ghharana for the feedback given by You under any circumstances.
Rules of Conduct
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of Apna Ghharana.
Apna Ghharana may review, edit, reject, refuse to post, and/or delete any Content that, in the sole discretion of Apna Ghharana, violates these Terms or which might be offensive, illegal, violate the rights, harm, or threaten the safety of another person. Any information provided by You on this Website shall not be misleading in any way.
You may not post or transmit Content, even if made in a joking, sarcastic, or unintended manner, if it in any way is offensive to other User(s), including but not limited to sexually explicit content, Content that promotes obscenity, racism, bigotry, hatred, or physical harm of any kind against any group or individual, harasses another person, involves junk mail or spam, promotes illegal activities, infringes on intellectual property rights, or includes unauthorized disclosure of personal information.
You must use the Website in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Website, including but not limited to hacking, phishing, or attempting to gain unauthorized access to the Website, are strictly prohibited.
Apna Ghharana reserves the right, but has no obligation, to monitor the Content posted in the public areas of the Website. Apna Ghharana shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of Apna Ghharana, You remain solely responsible for the Content of the materials You post in the public areas of the Website and in Your private messages.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such advertiser. Apna Ghharana shall not be responsible or liable for any loss or damage incurred as a result of any such dealings or as a result of the presence of such advertisers on the Website.
It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Website 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 Website, and that the recipient may use such information to harass or injure You. Apna Ghharana does not approve of such unauthorized uses but by using the Website You acknowledge and agree that Apna Ghharana is not responsible for the use of any personal information that You publicly disclose or share with other Users on the Website. Please carefully select the type of information that You publicly disclose or share with other Users on the Website.
Apna Ghharana shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group(s) of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Customer Communication
You hereby expressly agree to receive communications, including but not limited to administrative and promotional e-mails and newsletters from Apna Ghharana by SMS and e-mail, and other known or hereinafter created communication mediums. Apna Ghharana will send You information regarding Your account activity and purchases, as well as updates about Apna Ghharana products and services, and promotional offers. You can unsubscribe from receiving all promotional and marketing material at any time by clicking on the unsubscribe link at the bottom of the e-mail communication or by contacting apnaghharana1@gmail.com.
All notices from Apna Ghharana and the Website will be served by e-mail to the primary e-mail address designated by You in Your account information or by general notification on the Website. Any notice to be provided to Apna Ghharana pursuant to the Terms should be sent to apnaghharana1@gmail.com. You agree that all agreements, notices, disclosures, and other communications that Apna Ghharana provides to You electronically satisfy any legal requirement that such communications be in writing.
Order Payment
All payments made against purchases on the Website by You shall be as against the MRP displayed on the Website. Apna Ghharana may employ a third-party online payment gateway provider(s) to facilitate payments on the Website. Use of such third-party online payment gateway provider services will be governed by their Terms and Conditions as applicable for Your nature of activities.
You agree, understand, and confirm that the debit/credit card or net banking details provided by You for availing of services on the Website will be correct and accurate and You shall not use the debit/credit card or net banking which is not lawfully owned by You (i.e., in a transaction You must use Your own debit/credit card or net banking account). You further agree to provide the correct and valid debit/credit card or net banking details to the Website, Company, and payment gateway provider. Before dispatching Your order to You, Apna Ghharana may require You to provide additional supporting documents to establish the ownership of the payment instrument used by You for Your purchase.
You will be solely responsible for the security and confidentiality of Your debit/credit card or net banking details. The Website will not be liable for any debit/credit card or net banking fraud, any loss, or damage arising directly or indirectly to You including but not limited to the lack of authorization for any transaction(s), exceeding the preset limit mutually agreed by You and Your bank, payment issues arising out of the transaction, or the decline of the transaction(s) for any other reason(s). The liability for use of a card or net banking fraudulently will be on You and the onus to prove otherwise shall be exclusively on You. Apna Ghharana shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the authorization of any transaction for any reason whatsoever. Apna Ghharana will not share Your debit/credit card or net banking details with any third-party unless required by law or court order.
Order Delivery
Apna Ghharana will make all reasonable efforts, but does not guarantee the delivery of products and services in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be terminated if Apna Ghharana fails to deliver one or more products in the stipulated time frame. However, if You fail to take delivery of the goods, Apna Ghharana may at its discretion charge you additional shipping costs.
All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon Apna Ghharana’s delivery to the shipping carrier.
Order Cancellation
Due to unavoidable circumstances, there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. Apna Ghharana reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in Your order being cancelled shall include but not be limited to product availability, errors in product or pricing information, etc.
Apna Ghharana will regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Apna Ghharana reserves the right to cancel all past, pending, and future orders without any liability. Apna Ghharana also reserves the right to refuse or cancel orders due to inaccuracies in pricing of products on the Website and stock unavailability.
Apna Ghharana may also request additional verifications or information before accepting Your order. Apna Ghharana will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your debit/credit card has been charged, the said amount will be fully refunded via Your initial method of payment. Any promotional and discount vouchers, coupons, and codes used for the cancelled orders may not be refunded.
Product Description
Apna Ghharana tries to be as accurate as possible in the Content it provides on the Website. However, Apna Ghharana does not warrant that product(s) or service(s) descriptions or other Content on the Website are accurate, complete, reliable, current, or error-free. If a product(s) or service(s) offered by Apna Ghharana is not as described on the Website, Your sole remedy is to return it in unused condition.
Third-Party Content and Links
External third-party links (“Third-Party Links”) may be provided for general information purposes only on the Website or via e-mail from Apna Ghharana, but they are beyond the control of Apna Ghharana and no representation is made as to their Content, including any link contained in Third-Party Links, or any changes or updates to Third-Party Links. Use or reliance on any Third-Party Links provided on the Website and the Content thereon provided is at Your own risk. Apna Ghharana does not provide any guarantee with respect to any Third-Party Link and shall not be held liable for any loss suffered by You or any other company due to Your reliance on or use of such Content. Apna Ghharana is providing these Third-Party Links to You only as a convenience, and the inclusion of any Third-Party Link does not imply endorsement by Apna Ghharana of the Third-Party Link or any association with its operators. You are responsible for verifying the accuracy of all Third-Party Links on Your own before undertaking any reliance on such information.
Termination
The Terms of Use will continue to apply until terminated by either You or Apna Ghharana.
If You want to terminate Your agreement with Apna Ghharana, You can do so by not accessing the Website, and closing your account on the Website (if an account exists).
Apna Ghharana reserves the right to suspend the Terms at its discretion at any time with or without notice, including but not limited to Your breach of any of the provisions of the Terms, Privacy Policy, or any other terms, conditions, or policies that may be applicable to You, technical reasons, requirement by law, or the products and services available to You on the Website are no longer commercially viable. Termination may include removal of access to all or portion of the Website and deletion of any/all of Your materials and/or account information submitted by You on the Website.
Apna Ghharana shall not be liable to You or any third-party for any such termination. Termination shall not affect your liability or obligation arising prior to any such termination. Apna Ghharana reserves the right to cease operation of the Website including but not limited to the entire or a portion of the Website, and distribution of products and services at any time, without advance notice to You.
Terms of Use Language
The headings included here are for Your convenience and identification only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of the Terms or the right to use the Website by You or any other section or pages of the Website in any manner whatsoever.
The Terms apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include(s),” and “including” shall be deemed to be followed by the phrase “without limitation.”