TERMS & CONDITIONS
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SITE. PLEASE DO NOT USE THE WEBSITE OR TRANSACT ON THE WEBSITE IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS PROVIDED BELOW.
This Is An Electronic Record In Terms Of Information Technology Act, 2000 And Rules There Under As Applicable And The Amended Provisions Pertaining To Electronic Records In Various Statutes As Amended By The Information Technology Act, 2000. This Electronic Record Is Generated By A Computer System and Does Not Require Any Physical or Digital Signatures.
Introduction Use of the Platform
By using the apollononi.com Services & Products, you are deemed to have accepted the terms and conditions listed below.
All products and information displayed on www.apollononi.com (hereinafter “apollononi.com” or the “Website”). having its registered office at 403 Maruti Elanza Vertex, Opp. Global Hospital, Nr. GTPL House, Sindhu Bhavan Road, S. G. Highway, Bodakdev, Ahmedabad – 380054, Gujarat, India constitute an “invitation to order”. Your order for purchase constitutes your “order” which shall be subject to the terms and conditions as listed below. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order.
1: User’s Eligibility Acceptance
Use of apollononi.com is available only to persons who can legally form contracts under applicable law. Persons who are deemed “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. If you are below 18 years old, your parents or legal guardians can transact on your behalf, if they are registered users.
apollononi.com reserves the right to terminate your membership and refuse to provide you with access to the website if apollononi.com discovers that you are under the age of 18 years. The Website is not available to person and the membership has been suspended or terminated by apollononi.com for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
2: Account and Registration Obligations
You must also agree to provide true, accurate, current/updated and complete information about yourself as requested by apollononi.com’s registration form. If apollononi.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, apollononi.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
3: Fees and Services
Membership on the Website is free. apollononi.com does not charge any fee for browsing and buying on the Website. apollononi.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, apollononi.com reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
4: Our Products
All products offered by apollononi.com are described and pictured as completely and precisely as possible and in good faith. Despite all our precautions apollononi.com cannot be held liable for possible inadvertent errors.
Regarding the colors, we have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
5: Pricing Information
While apollononi.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. apollononi.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, apollononi.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, apollononi.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and apollononi.com will have the right to modify the price of the product and contact you for further instructions using the email address provided by you during the time of registration, or cancel the order and notify you of such cancellation. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
6: Payment Process
When you order online you may pay by credit or debit card. When you provide apollononi.com with your card information, apollononi.com will obtain a pre-approval from the card company for the amount of the order. apollononi.com will bill your credit card or process a transaction under your credit or debit card before your order ships. We also provide cash on delivery option, for a specified minimum order amount and this minimum order amount can change from time to time and is totally up to the discretion of apollononi.com.
Debit cards may have daily spending limits that could delay the processing of your order substantially.
apollononi.com requires the credit or debit card security code for your card for your online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa or MasterCard).
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
7: Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on apollononi.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to apollononi.com. Further the said information will not be utilized and shared by apollononi.com with any of the third parties unless required by law, regulation or court order. apollononi.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the charge to ‘prove otherwise’ shall be exclusively on you.
8: Secure Payment
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure this information.
9: Fraudulent or Declined Transactions
apollononi.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. apollononi.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
10: You Agree and Undertake
• That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by apollononi.com for redelivery shall be claimed to you.
• That you will use the services provided by apollononi.com for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Website.
• You will provide authentic and true information in all instances where such information is requested of you. apollononi.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), apollononi.com has the right in its sole discretion to reject the registration and debar you from using the services of apollononi.com without prior intimation whatsoever.
• That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website
• That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
You may not use the Website for any of the following purposes:
• Gaining unauthorized access to other computer systems.
• Interfering with any other person’s use or enjoyment of the Website.
• Breaching any applicable laws.
• Interfering or disrupting networks or websites connected to the Website.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
11: Copyright & Trademark Ownership; Proprietary Rights
apollononi.com expressly reserves all intellectual property rights in all text, photographs, images, illustrations, designs, icons, programs, video clips, products, processes, technology, content and any other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of apollononi.com or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to apollononi.com. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of apollononi.com. You may not modify, distribute or re-post anything on this Website for any purpose. The contents and software on this Website may be used only as a shopping resource.
The compilation (meaning the collection, arrangement, and assembly) of all contents on this Website is the exclusive property of apollononi.com and is also protected by Indian and international copyright laws.
The apollononi.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Apollononi.com All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
12: Limitation of Liability Disclaimer; No Warranties
The Website is provided without any warranties or guarantees. You must bear the risks associated with the use of the Website.
The Website provides, solely as a convenience to you, content from other Internet sites or resources and while apollononi.com tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. apollononi.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
To the fullest extent permitted under applicable law, apollononi.com shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement.
Without prejudice to the generality of the clause above, the total liability of apollononi.com to you for all liabilities arising out of this User Agreement in terms of tort or contract is limited to the value of the product ordered by you.
apollononi.com makes no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, apollononi.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
Force Majeure: In the event either party is prevented in whole or in material part from performing its obligations under this User Agreement solely as a result of force majeure, upon the prompt giving of notice to the other party detailing such force majeure event and its anticipated duration, the obligations of the party so prevented shall be excused during such period of delay, and such party shall take whatever reasonable steps are necessary to relieve the effect of such cause as rapidly as possible.
13: Website Security
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil and/or criminal liability. apollononi.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
You agree to indemnify, save, and hold apollononi.com , its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to:
(i) your use or misuse of the apollononi.com services or of the apollononi.com platform;
(ii) any violation by you of this agreement; or
(iii) any breach of the representations, warranties, and covenants made by you herein.
apollononi.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify apollononi.com , including rights to settle, and you agree to cooperate with we defense and settlement of these claims. We will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this agreement.
With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of Ahmedabad, India, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Ahmedabad, India. To the fullest extent permitted by applicable law, any dispute, differences or claim arising out of your visit to the apollononi.com website shall be referred to the sole Arbitrator appointed by the Executive Director of apollononi.com in accordance with the law. The venue of such arbitration shall be at Ahmedabad, India and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the website shall be submitted to an appropriate court or other judicial body in Ahmedabad, India, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.
16: Electronic Communications
When you visit the apollononi.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writings.
17: Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against APOLLO NONI must be resolved by a court having jurisdiction in Gujarat, India. You agree to submit to the personal jurisdiction of the courts located within Gujarat, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at: email@example.com