These terms and conditions (“Terms”) and the privacy policy (as available on the url https://appnei.com/terms.html) (“Privacy Policy”) (collectively “User Agreement”) forms an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules made there under, as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended from time to time.
This User Agreement is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access or usage of the website appnei.com (including the uniform resource locator created for each Merchant) (“Website”), the mobile application available on Play Store and app store- appnei i.e. (“App”) and the uniform resource locator created for each Merchant (the 'Website', the 'App' is collectively hereinafter referred to as the “Platform”), operated by Appnei, a company incorporated under the laws of India and its registered office at Delhi NCR, Gurgaon, 122001
1.1 For the purposes of these Terms, ‘User’ and wherever the context may require, ‘You’ (or any variation thereof), shall mean any natural or legal person (including any legal heirs, administrators or successors) who has agreed to become a user of the Platform by accessing or using the Platform. If You are accepting these Terms and using the Services (as defined below) or the Platform on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so.
1.2 Unless the context otherwise requires, "appnei", “We”, “us”, “our” or “Company” shall mean Apnnei or any of its licensees, whether now or in the future.
1.3 The Company enables transactions on its Platform between participating restaurants/stores/merchants/sellers and buyers, dealing in (a) food and beverages, (b) provisions, consumer goods, consumables etc., and (c) any other products or services ("Platform Services''). The buyers ("Buyers'') can choose and place orders ("Orders'') from a variety of products and services listed and offered for sale by various merchants including but not limited to the restaurants, eateries, grocery stores, other service providers ("Merchants''), on the Platform.
1.4 These Terms contain rules, regulations, policies, terms and conditions applicable to any Person who may access or use the Platform, as modified and updated from time to time.
1.5 Use of the Platform and the Services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth or included by reference in these Terms.
1.6 Please read these Terms carefully before using or registering on the Platform or listing any item, accessing any material, information or Services, posting any information at or through the Platform.
1.7 As a User, the User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean Your affirmative action is on entering information as requested on the sign up page or simply by accessing or visiting the Platform. If You do not agree or are not willing to be bound by the User Agreement andour Policies(defined below), please do not enter information as requested on the sign up page and click the “Accept” button or do not seek to obtain access to, view, visit, download or otherwise use the Platform (or any of its components/constituents) or any information or Services.
1.8 By impliedly or expressly accepting these Terms, You also accept and agree to be bound by applicable policies of the Company including the Privacy Policy as published on the Platform (“Policies”) communicated to the Users by publication on the Platform.
1.9 The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Platform.
2.1 The Company reserves the right to modify the Platform and/or alter these Terms and/or Policies at any time and retains the right to deny access at any time including the termination of membership and deletion of the account, to anyone who the Company believes has violated the provisions of the User Agreement.
2.2 You are advised that any amendment to the User Agreement incorporated herein by reference will only be notified on the Platform on publicly accessible links and You agree by accessing, browsing or using the Platform that such publication shall immediately constitute sufficient notice for all purposes against You. The revised version/ terms shall be effective from the time that the Company publishes the same on the Platform.
3.3 The Company shall not be liable to give any prior notice to the Users for any amendments to the User Agreement, which in the opinion of the Company, has the effect of diminishing the User’s existing rights or imposing additional obligations. You understand and hereby accept that the decision, whether any proposed amendments to the User Agreement have the effect of diminishing the User’s existing rights or imposing additional obligations on the User, shall be decided by the Company in its sole discretion.
3.1 “Affiliate” shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of the Company. The term “Control” is used in the sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise. A Person or a group of Persons acting in concert shall be deemed to be in control of a body corporate if such Person or group of Persons is in a position to appoint or appoints the majority of the directors of such body corporate.
3.2 “Authority” shall mean any union, national, state, local, or other governmental, statutory, administrative, judicial, regulatory or self-regulating authority, agency or instrumentality having jurisdiction over the relevant matter.
3.3 “Grievance Redressal Officer” means the grievance redressal officer appointed by the Company in accordance with applicable Law, from time to time.
3.4 “Information” means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of the Platform or at the time of registration with the Platform, or through any email/messaging feature and shall include without limitation Your name, sex, age, email address, mailing address, phone number (if provided) or such other personal information.
3.5 “Internal Service Provider” shall mean logistics or any back end service providers of the Platform appointed by the Company that will provide various services that the Company may require in order to run operations of the Platform for example to facilitate or outsource one or more aspects of the business, product and service operations provided on the Platform, including search technology, discussion boards, payments, affiliate and rewards programs, co-branded credit cards, maintenance services, database management etc.
3.6 “Law” shall mean all statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives and orders of any government and or any Authority.
3.7 “Losses” shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, penalties, judgments, amounts paid in settlement, expenses, etc.
3.8 “Pay Facility” means the automated electronic payment or collection and remittance facility provided by the Company to the Buyers to facilitate payments for paid services on the Platform directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment.
3.9 “Person” shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, Hindu undivided family, trust, society, limited liability partnership or proprietorship, whether incorporated or not.
3.10 “Policies” shall mean and include the Privacy Policy and any other policies of the Company as amended and provided on the Platform or communicated to the Users in any other way from time to time.
3.11 “Services” shall mean the services rendered by the Platform as may be specifically notified by the Company on the Platform or by other means of communication from time to time, in accordance with the applicable Law, and currently includes acting as an intermediary or a facilitator for providing a platform web and/or mobile application for enabling the users to sell their products or services online.
3.12 “User(s)” shall mean a user of the Platform.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
User Representations
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
User Registration
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The User Agreement and documents incorporated by reference shall be governed and construed in accordance with the laws of India. If any dispute arises between You and the Company during Your use of the Platform or the Pay Facility or any service incidental to the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and/or any other agreement between the Company and You in addition to the User Agreement and any other documents incorporated therein by reference, the dispute shall be referred to the senior management of the Company for conciliation. If the dispute has not been resolved, then such a dispute shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka and You hereby submit to the jurisdiction of such courts.